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Attachment 3 - NEMA Contract Amendment.pdf

Richmond City Council
April 5, 2022

Document
Attachment 3 - NEMA Contract Amendment.pdf
Meeting
April 5, 2022
Body
Richmond City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on pub-richmond.escribemeetings.com. That file is the official record.

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Transportation Project Manager: Denée Evans Project Manager E-mail: Project Manager Phone No:
[email protected] 621-1718
P.R. No: Vendor No: 9843 P.O./Contract No: 5753
Description of Services:

Nystrom Village Car Sharing and Mobility Hub - Electrical Construction Amendment No. modifies the: (2*d or subsequent amendments attach Amendment History page) Term, Payment Limit and Service Plan Payment Limit and Service Plan Term and Service Plan Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:

Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (City), and the following named Contractor:

Company Name: NEMA Construction
Street Address: 555 Pierce Street # 1005
City, State, Zip Code: Albany, CA 94706
Contact Person: Ali Farahani
Telephone: (510) 525-2398 Email: [email protected]
Business License No:40048359 / Expiration Date: December 31, 2021 A California corporation, _ limited liability corporation general partnership, [ limited partnership, individual, non-profit corporation, individual da as [specify:] NEMA Construction
other [specify:]

2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on July 28, 2021 , which original term commenced September 15, 2021 and terminates May 30, 2022 with an original contract payment limit of $86,205.00 • Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.

3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.

4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over. any conflicting provisions of the Original Contract, or any amendment thereto.

5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.

6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.

Signatures. These signatures attest the parties' agreement hereto:

CITY OF RICHMOND, CALIFORNIA CONTRACTOR:
a municipal corporation
NEMA Construction
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
Title:

By.

I hereby certify that the Original Contract
Title:
and this Amendment have been approved
by the City Council or executed by the City (*The Corporation Chief Financial Officer, Secretary or Manager. Assistant Secretary should sign on the line below.) By By:_
City Clerk
Title:
(NOTE: Pursuant to California Corporations
Approved as to form: Code Section 313, if Contractor is a corporation or nonprofit organization, this
Contract (1) should be signed by the
By. Chairperson of the Board, President or
City Attorney Vice-President and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
List of Attachments: should have both signatures conform to

1. Amendment Provisions designated representative groups pursuant

2. Updated Insurance Certificates to Corporations Code Section 313.

Contract Amendment/EJ/TE 09-26-07
Contract Amendment between the City of Richmond and
NEMA Construction
Amendment No. P.O./Contract No.
5753

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN) Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
September 15, 2021
(Insert original contract commencement date)
and it terminates
June 30, 2022
(Insert new contract termination date)
unless sooner terminated as provided herein."
Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ 21,520.00 - Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $_107,725.00 including expenses."
"The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000." The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:

Additional Labor for the following:

1. Adding power to load breakers - which is divided into two parts: 1 for the stations, and 1 for the park facilities, and

2. Installation of additional conduits requires trenching to create 3 paths for new conduits.

Contract Amendment/EJ/TE 9-26-07
ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/30/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

MPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject t he terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to th certificate holder in lieu of such endorsements).

PRODUCER NAMICT Rebekah Van Maanen
NAME:

NICKERSON INSURANCE SERVICES PHONE (310) 326-6333
(A/C. No, Ext): [AC, No): (30) 326-5126
LIC #0491589 ARESs. [email protected]
2106 West Lomita Blvd. INSURERS) AFFORDING COVERAGE NAIC # Lomita CA 90717 INSURERA: Benchmark Insurance Co 41394

INSURED
INSURER B: California Auto Insurance Co 38342
Ali Farahani, DBA: Nema Construction INSURER C: StarStone National 25496 555 Pierce St #1005 INSURERD: State Compensation Ins. Fund 35076 INSURER E :

Albany CA 94706
INSURER F:

COVERAGES CERTIFICATE NUMBER:22-23 GL/Auto/WC/UMB REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS

ADDL SUBR
TYPE OF INSURANCE INSD | WVD POLICY NUMBER LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 _ CLAIMS MADE X OCCUR DAMAGE TO RENTED
PREMISES (Ea occurrence) 50,000
BIC5022753 4/22/2021 4/22/2022 MED EXP (Any one person) 5,000 PERSONAL & ADV INJURY 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X| POLICY PRO.

JECT LOC PRODUCTS - COMP/OP AGG 2,000,000
OTHER:

AUTOMOBILE LIABILITY COMBINED SINGLE LIMI $ 1,000,000
(Ea acciden
ANY AUTO BODILY INJURY (Per person) $
ALL OWNED | SCHEDULED 7/10/2021 7/10/2022 BODILY INJURY (Per accident) AUTOS AUTOS BA040000007423

NON-OWNED PROPERTY DAMAGE
HIRED AUTOS AUTOS (Per accident)
Hired borrowed 1,000, 000
UMBRELLA LIAB OCCUR EACH OCCURRENCE 3,000,000

X EXCESS LIAB CLAIMS-MADE
AGGREGATE 3,000,000
DED 78658A214ALI 4/22/2021 1/22/2022

RETENTION S
WORKERS COMPENSATION * STATUTE I TER*

AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $
N/ A 1,000,000
OFFICER/MEMBER EXCLUDED?
D (Mandatory in NH) 908512021 1/1/2022 1/1/2023 _EL. DISEASE - EAEMPLOYEE S 1,000,000 yes, describe unde
ESCRIPTION OF OPERATIONS below EL. DISEASE - POLICY LIMIT | S 1,000,000 city of RiChmond 1s hereby incided as an addi tona nured when tered y axeutable written contact 'ity Of Richmond is hereby included as ar 30 days notice of cancellation subject to 10 days notice for non payment of premium.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Richmond THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

ACCORDANCE WITH THE POLICY PROVISIONS
6-13th Street
Richmond, CA 94801

AUTHORIZED REPRESENTATIVE
sarah Kelly/RCAS
1 © 1988-2014 ACORD CORPORATION. All rights reserved.

ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INSO25 (201401)

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