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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