Ghilotti Bros., Inc. Initia l Contract Amount w/Contingency: $7,542,695.05 Contract #5515 Contract Amendment #1: $54,439.32
Vendor #4399 Total Contract: $7,597,134.37
FIRST AMENDMENT TO
CONSTRUCTION AGREEMENT BETWEEN THE CITY OF RICHMOND AND GHILOTTI BROS, 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 Ghilotti Bros., Inc., (“Contractor”), with reference to the following facts.
RECITALS
A. City and Contractor entered into that certain Construction Agreement dated March 3, 2021 (the “Agreement”) to furnish construction of the Yellow Brick Road Project, located at 7th Street from Ripley Avenue to Pennsylvania Avenue, 8th Street from Ohio Avenue to Lincoln Avenue, and Pennsylvania Avenue from 2nd Street to Harbour Way (the “Project”).
B. The Parties now desire to enter into th is First Amendment in order to increase the expenditures under the Construction Agreement by an additional not-to-exceed sum of $54,439.32 (the “Additional Expenditures”), for a total amended not-to exceed amount of $7,597,134.37 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 add extra work due to unforeseen circumstances 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.
Ghilotti Bros., Inc. Initia l Contract Amount w/Contingency: $7,542,695.05 Contract #5515 Contract Amendment #1: $54,439.32
Vendor #4399 Total Contract: $7,597,134.37
(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 an
d charter city
City Attorney By: _______________________________
Name: Shasa Curl
ATTEST: Its: City Manager
City Clerk
CONTRACTOR:
Ghilotti Bros., Inc., a Corporation
By: _______________________________
Name:
Its:
ATTACHMENT 1
Yellow Brick Road Pedestrian & Bicycle Safety Improvements Project Federal-Aid Project No. ATPL-5137(049)
CONTRACT CHANGE ORDER #18
Concrete Improvements / Soil Amending
Change Requested by: City / GBI Date: March 15, 2024 To: Ghilotti Bros, Inc. (GBI)
You are hereby directed to make the following changes from the plans and specifications or perform the following described work not included in the plans and specifications of this contract. All new work herein described shall be done in accordance with the applicable provisions of the plans and specifications, except as specifically modified by this contract change order.
DESCRIPTION:
1) During the construction phase, several curb ramps could not be completed due to PG&E electrical boxes or guy wires conflicting with the new concrete improvements. PG&E electrical boxes located at Bissell Avenue, Macdonald Avenue and Nevin Avenue needed to be relocated or adjusted to correctly construct the curb ramps. Guy wires located at Bissell Avenue and 4th Street needed to be relocated out of the new curb ramp limits. PG&E has completed their work to adjust or relocate their facilities to allow for the completion of the concrete improvements. GBI shall complete the concrete improvements / curb ramps at the following locations:
a. Bissell Avenue: southwest and southeast corners.
b. Macdonald Avenue: southwest, southeast, and northeast corners. c. Nevin Avenue: northwest corner.
d. 4th Street & Pennsylvania Avenue: southeast corner.
GBI shall provide mobilization, labor, materials, equipment, and supervision to complete the curb ramps at these locations. The City shall compensate GBI a total of $103,256.04 per COR #50.1 dated 06/28/2023 to complete this work. The concrete improvements shall be performed in accordance with the plans, specifications, and applicable Caltrans Standard Specifications.
2) Per CCO # 15, GBI and their landscape subcontractor, Lone Star, were to amend the soil in Schedule B areas. The agreed-upon COR # 042.1 included soil amending at all planters, bulb-outs and medians in the Schedule B area. However, POGO Park performed soil amending at the bulb-outs near Hawthorne, Maple and Acacia, therefore the soil amending area (quantity) was reduced. GBI and Lone Star agreed to lower their original price to perform the soil amending since the quantity was reduced. This item is to remove the previously accepted amount of $75,429.00 in COR # 042.1 and replace it with GBI’s new COR # 042.2 for $44,260.70 for actual work performed. [The item included in CCO # 15 was as follows:
Due to high metals and pH levels in the existing soil in the medians, bulb-outs and planters in the Schedule B project limits, POGO Park has requested that soil amending be performed to a depth of four (4) feet to help promote future tree planting and growth. The Contractor had previously amended the soil in the medians, bulb-outs and planters to an approximate depth of two (2) feet per guidance by POGO Park, however some concentrations of metals and high pH are still present in the soil. Therefore, additional soil amending is required for healthy soil to promote tree growth. The Contractor shall provide the additional soil amending per direction from POGO park, by adding gypsum and compost to the soil in the medians, bulb-outs, and planters. The Contractor shall provide all labor, materials, equipment and supervision to complete the soil amending. The City agrees with $75,429.00 of the costs submitted in GBI’s COR # 042.1 for this work.]
Yellow Brick Road Pedestrian & Bicycle Safety Improvements Project Federal-Aid Project No. ATPL-5137(049)
3) Per CCO # 15, an allowance of $30,000 was included for GBI to provide traffic control and flagging for Lone Star as they performed the soil amending. The actual costs for the traffic control and flagging performed by GBI are included in GBI’s COR # 052. The traffic control and flagging costs performed on a time and material (T&M) basis totaled $13,077.21. This item is to remove the allowance of $30,000 and replace it with the actual costs in COR # 052. [The item included in CCO # 15 was as follows: The City will agree to GBI performing the necessary traffic control related to the Traffic Signal Modifications at 7th Street and Pennsylvania Avenue (Item #1 above) and the additional soil amending at the medians, bulb-outs and planters in the Schedule B project limits (Item #2 above) on a time and materials basis. A total not-to-exceed (NTE) amount of $30,000.00 is included herein as an allowance for traffic control to be performed for both scopes of work. The Contractor shall provide daily tags showing all labor, materials, and equipment for the CM review and signature each day that traffic control is performed.]
REASONS FOR CHANGE:
1) See above Description for the reason for this change.
COST OF CHANGE: This change order increases the contract amount by $55,164.95 as shown in the table below.
Item Description Units Unit Cost Quantity Cost
1 COR # 50.1 Concrete Improvements LS $103,256.04 1 $103,256.04 2a GBI COR # 042.1 – Additional Soil Amending in
Schedule B area
LS -$75,429.00 1 -$75,429.00
2b GBI COR # 042.2 – Additional Soil Amending in
Schedule B area
LS $44,260.70 1 $44,260.70
3a Allowance for Traffic Control for Items #1 and #2
above – to be performed on a T&M basis
LS -$30,000.00 1 -$30,000.00
3b GBI COR # 052 Traffic Control / Flagging for Soil
Amending Work by Lone Star (actual costs)
LS $13,077.21 1 $13,077.21
CCO #18 Total Cost Adjustment: $55,164.95
Yellow Brick Road Pedestrian & Bicycle Safety Improvements Project Federal-Aid Project No. ATPL-5137(049)
CONTRACT VALUE ADJUSTMENT:
The original contract value was $6,856,995.50. Change Orders #01 through #17 have revised the contract amount to $7,541,969.42.
This Contract Change Order increases the contract value by $55,164.95 to a new revised contract amount of $7,597,134.37.
CONTRACT TIME ADJUSTMENT:
The contractual working days is revised to 585 working days from the previous 396 working days to account for the PG&E work. The remaining project work includes completion of the seven curb ramps and programming the traffic signal controller at 7th Street. The contractual completion date will be revised to April 30, 2024 from the previous date of July 31, 2023.
APPROVAL RECOMMENDED BY
SIGNATURE (PRINT NAME AND TITLE) DATE
Robert Addiego, Resident Engineer,
Swinerton Management & Consulting
03/15/24
CITY APPROVAL BY
SIGNATURE (PRINT NAME AND TITLE) DATE
Wendy Wellbrock, P.E. – Senior Civil Engineer
City of Richmond Public Works Dept.
03/15/24
CONTRACTOR ACCEPTANCE BY
SIGNATURE (PRINT NAME AND TITLE) DATE
Troy Simning – VP of Project Management
Ghilotti Bros., Inc.
03/15/24
This change order constitutes full and complete compensation for all labor, equipment, materials, overhead, extended overhead and profit required to perform the changes described above in accordance with the applicable provisions of the contract documents. This change order is not effective until approved by the Engineer.
Yellow Brick Road Pedestrian & Bicycle Safety Improvements Project Federal-Aid Project No. ATPL-5137(049)
Attachment A
SCOPE
Task 1 – GBI shall complete the concrete improvements at Bissell Avenue & 8th Street, Macdonald Avenue & 8th Street, Nevin Avenue & 8th Street, and 4th Street and Pennsylvania Avenue per the attached COR #50.1 dated 06/28/2023 for $103,256.04.
Task 2 – See the attached GBI COR # 042.2 dated 01/10/2024. The City will agree to $44,747.57 for the additional soil amending work in the Schedule B areas.
Task 3 – See the attached GBI COR # 052 dated 01/09/2024. The City will agree to $13,077.21 for the traffic control and flagging during the soil amending work in the Schedule B areas.