1 MR Builders
FIRST AMENDMENT TO
CONSTRUCTION AGREEMENT BETWEEN THE CITY OF RICHMOND AND DMR
BUILDERS
This First Amendment to the Construction Agreement (the “First Amendment”) is entered into as of April 18, 2023, by and between the City of Richmond, a municipal corporation and charter city (“City”) and DMR Builders (“Contractor”), with reference to the following facts.
RECITALS
A. City and Contractor entered into that certain Construction Agreement dated May 17, 2022 (the “Agreement”) to furnish construction of the Shimada Park Restrooms roof reconstruction at . CA Park Richmond Marina, Richmond, CA (the “Project”).
B. The Parties now desire to enter into this First Amendment in order to increase the expenditures under the Construction Agreement by an additional not-to-exceed sum of $22,026 (the “Additional Expenditures”), for a total amount not-to exceed a total contract amount of $247,026.
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 Payments.
The Construction Agreement is hereby amended by this First Amendment in order to increase the Original Amount by the Additional Expenditures to reflect a new total of authorized expenditures under the Construction Agreement, equal to the First Amended Amount.
Section 2. Amendment to Scope of Work.
The Construction Agreement is hereby amended by this First Amendment in order to add unforeseen roof structure damaged repaired work to the Project as set forth in Attachment 1.
Section 3. Miscellaneous.
(a) Except as amended by this First Amendment, the Construction Agreement has not been modified and is in full force and effect.
(b) Each of the individuals executing this First 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 First 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 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 First Amendment.
(d) WHEREFORE, the Parties have executed this First Amendment on or as of the date first above written.
IN WITNESS WHEREOF, City and Contractor have executed this First 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: Shasa Curl
Its: City Manager
CONTRACTOR:
DMR BUILDERS
By: _________________________________
Name:
Its:
3 Attachment 1
Contractor shall complete the additional work as described in PCO-1.0, PCO-2.0, PCO-3.3, PCO-4.0, PCO-5.0, PCO-6.0, PCO-8.0, and DCO-1.0. See attached PCO Log.
The additional work required by the above PCO’s include repair and replacement of unforeseen degraded building components including metal louvers and skylights, replacement of women’s restroom partitions, and three additional roof ventilators as required by the City of Richmond Building Department.
Submitted Approved Cost/Credit
New Contract
Total
1.00 Stumbaugh 7/25/2022 8/24/2022 5,491.25$ $213,266.25
2.00 DMR 8/18/2022 8/24/2022 5,327.61$ $218,593.86
3.30 Westech Roof 10/24/2022 10/24/2022 8,846.37$ $227,440.23
4.00 DMR 9/23/2022 9/26/2022 6,789.83$ $234,230.06
5.00 DMR 9/26/2022 9/26/2022 10,701.81$ $244,931.87
6.00 DMR 10/12/2022 10/21/2022 3,102.52$ $248,034.39
7.00 Skyhawk 12/12/2022 1,690.50$
8.00 DMR 12/13/2022 278.46$
1.0 DCO DMR 11/9/2022 (645.60)$
Replace 2 ADA restroom signs
DCO per ASI-07.2
Proposed Change Order (PCO) LOG
PCO # Sub Description of PCO
Job Name:
Contact:
Original Contract $
Shimada Friendship Park
Mark Albertson Architect
$207,775.00
Dates Accounting
Change partitions to embossed s.s
New skylight panels per RFI 2.0
Add 3 roof ventilator per ASI-02
Remove & Install new door per ASI-05
Replacement Louvers
Supply & Install additonal beams
Relocate Junction Box at top of Janitors Room Wall