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AMENDMENT NO. 1 <br /> SYCAMORE RESERVOIR <br /> <br /> This Amendment No. 1 Agreement, is made and entered into <br />this 9th day of January, 1989, by and between the CITY OF <br />PT~ASANTON, a California municipal corporation, hereinafter <br />called the "City", and S. J. AMOROSO CONSTRUCTION CO., INC., <br />hereinafter called the "Contractor". <br /> <br /> WITNESSETH: <br /> <br /> WHEREAS, the City of Pleasanton and S. J. Amoroso <br />Construction'Co., Inc. executed on October 7, 1986 an <br />Agreement to furnish all the materials, tools, labor, and all <br />appliances, machinery, and appurtenances for the Sycamore <br />Reservoir; and <br /> <br /> WHEREAS, both parties to this Agreement desire to amend <br />this agreement; and <br /> <br /> WHEREAS, Contractor has substantially completed the work <br />pursuant to the above stated contract and has requested <br />various change orders and associated cost increases for such <br />additive work as additional three inch (3") butterfly valves; <br />and <br /> <br /> WHEREAS, the City has approved various deductive changes <br />such as deletion of two inch (2") PVC sump drain and time <br />delay backcharges; and <br /> <br /> WHEREAS, the City and Contractor desire to resolve all <br />payment claims; <br /> <br /> NOW, THEREFORE, the parties hereto agree to Amendment <br />No. 1 as follows: <br /> <br /> 1. Compensation. Contractor agrees to accept as full <br />compensation for all work to complete Sycamore Reservoir the <br />amount of THREE MILLION FOUR HUNDRED SIXTY-FOUR THOUSAND TWO <br />HUNDRED SEVENTY-NINE AND 00/100 DOLLARS ($3,464,279.00) as <br />stated in Attachment "A", incorporated herein by this <br />reference. Contractor agrees to waive all payment claims <br />including but not limited to change order or delay damages <br />except as stated above. <br /> <br /> 2. Security. The Contractor also agrees to provide <br />prior to February 21, 1989 a cashier's check for items not <br />completed by February 17, 1989. The amount of this cashier's <br />check shall not exceed the amount of FIFTY-EIGHT THOUSAND ONE <br />HUNDRED FIFTY DOLLARS ($58,150.00). The list of items not <br />completed are set forth on Attachment "B", but may be <br />modified by the City prior to February 17, 1989. The <br />cashier's check amount may be lower upon completion of an <br />item listed in the attachment, but may also be increased to <br /> <br /> -1- <br /> <br /> <br />