Arntz Builders, Inc.
Contract #6318
Vendor #15671
Original Contract Amount w/Contingency: $3,302,178
Revised Contract Amendment #1 Contract Amount: $3,978,715 Revised Potential Contract with Contingency Amount: $4,376,586
FIRST AMENDMENT TO
CONSTRUCTION AGREEMENT BETWEEN THE CITY OF RICHMOND AND ARNTZ BUILDERS, INC.
This First Amendment to the Construction Agreement (the “First Amendment”) is entered into as of April 16, 2024, by and between the City of Richmond, a municipal corporation and charter city (“City”) and Arntz Builders, Inc., (“Contractor”), with reference to the following facts.
RECITALS
A. City and Contractor entered into that certain Construction Agreement dated November 15, 2022 (the “Agreement”) to furnish construction of the Booker T. Anderson Fire Restoration Project, located at 960 S. 47th St., 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 $676,537 (the “Additional Expenditures”), for a total amended not-to exceed amount of $3,978,715 as set forth on Attachment 1 attached and incorporated hereto (the “First Amended Amount”).
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 address the additional scope to the Project as set forth in Attachment 1.
Section 3. Miscellaneous.
(a) Except as amended by 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 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.
CITY:
Reviewed By: CITY OF RICHMOND, a municipal
corporation and charter city
City Attorney By:
Name: Shasa Curl
ATTEST: Its: City Manager
City Clerk
CONTRACTOR:
Arntz Builders, Inc., a Corporation
By:
Name:
Its:
ATTACHMENT 1
City of Richmond CA
CHANGE ORDER
CCO NUMBER SUPPL. NUMBER CONTRACT NO. PROJECT
1 6318 Booker T. Anderson Community Center
TO Arntz Builders, Inc. Contractor
You are directed to make the following changes from the plans and specifications or do the following described work not included in the plans and specifications for this contract.
Description of work to be done, estimate of quantities, and prices to be paid:
The following Work shall be furnished and installed, unless otherwise noted:
• All Work shown in ASI 54, dated 1/16/24; include interior painting of gym • All Work described in ASI 55, dated 1/16/24
• Abatement of ACT, cove base, and associated mastics at rooms 104, 105, 106, and 107 • All Work shown in ASI 56, dated 1/26/24
• New epoxy cove base at Room 129; include work underneath existing sink per attached sketch • Gym room 113: remove, clean, and reinstall existing rubber base to wall around entire perimeter of gym • Clean gutters of entire building (both east and west sections), including removing vegetation, flushing out gutters and downspouts of all debris/clogs/etc; excludes sheet metal, dry rot repairs, and clearing below grade storm drains
• Room 129: replace broken window with a new assembly – to match the new double pane assembly at the other window in the room. Includes any touch up to restore adjacent finishes to existing conditions that might be necessary after window installation. Excludes installation of security grates (to be installed by Owner afterwards). • Owner Contingency of $125,000 currently in Contractor’s scope is deleted
Adjustment of Contract Value
The Contract value shall be adjusted by the NET CHANGE AMOUNT shown below:
PCO Item Amount
66.1a ASI 54 - interior finishes $149,686.25
67 ASI 55 - fire alarm $110,937.68
68.1 ASI 56 - HVAC east well $391,075.44
69 Add epoxy base room 129 $4,151.10
70 Window repair room 129 $13,508.23
71 Misc extra work $7,178.00
NET CHANGE AMOUNT $676,536.70
Original Contract value $3,302,178.00
Net Change Amount $676,537.00
Amended Contract Value $3,978,715.00
10% Contingency $397,871.00
By reason of this order the time of completion will be adjusted as follows: N/A
CITY OF RICHMOND APPROVAL BY
SIGNATURE (PRINT NAME & TITLE) DATE
We, the undersigned contractor, have given careful consideration to the change proposed and agree to provide equipment, furnish materials, and perform the work specified above, and will accept as full payment the prices shown above. NOTE: If you· do not sign this order, you are directed to proceed with the ordered work and follow procedures in accordance with the Construction Agreement.
CONTRACTOR ACCEPTANCE BY
SIGNATURE (PRINT NAME & TITLE) DATE