HomeMy WebLinkAboutReso 76-2022 (22-353)FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH
SAN FRANCISCO AND FLATIRON WEST, INC.
THIS FIRST AMENDMENT TO THE
AGREEMENT is made at South San Francisco, California, as of May 25, 2022 by and between
THE CITY OF SOUTH SAN FRANCISCO (“City”), a municipal corporation, and Flatiron
West, Inc. (“Contractor”), (sometimes referred together as the “Parties”) who agree as follows:
RECITALS
A. On July 11, 2018, City and Contractor entered that certain Agreement
(“Agreement”) whereby Contractor agreed to Construction Services for the WQCP Wet
Weather and Digestor Improvements Project. A true and correct copy of the Agreement and its
exhibits are attached as Exhibit A.
B. City and Contractor now desire to amend the Agreement.
NOW, THEREFORE, for and in consideration of the promises and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and
Contractor hereby agree as follows:
1.All terms which are defined in the Agreement shall have the same meaning when used in this
Amendment, unless specifically provided herein to the contrary.
2.Article 5-Contract Price. Article 5 of the Agreement shall be amended such that the City
agrees to pay Contractor a sum not to exceed $ 53,780,936.00 with the understanding that
up to $51,385,653.30 has already been paid to Contractor.
Contractor agrees this is the City’s total contribution for payment of costs under the
Agreement unless additional payments are authorized in accordance with the terms of the
Agreement and said terms of payment are mutually agreed to by and between the parties in
writing.
All other terms, conditions and provisions in the Agreement remain in full force and effect. If
there is a conflict between the terms of this Amendment and the Agreement, the terms of the
Agreement will control unless specifically modified by this Amendment.
[SIGNATURES ON THE FOLLOWING PAGE]
Dated:
CITY OF SOUTH SAN FRANCISCO CONTRACTOR
By: By:
City Manager [NAME]
Approved as to Form:
By:
City Attorney
EXHIBIT A