1 Construction Agreement Amendment No. 1
FIRST AMENDMENT TO
CONSTRUCTION AGREEMENT BETWEEN THE CITY OF RICHMOND AND
NEMA CONSTRUCTION
This First Amendment to the Construction Agreement (the “First Amendment”) is entered into as of __________________, by and between the City of Richmond, a municipal corporation and charter city (“City”) and Nema Construction , (“Contractor”), with reference to the following facts. The parties may be referred to in this Agreement individually as “Party” and collectively as the “Parties.”
RECITALS
A. City and Contractor entered into that certain Construction Agreement dated May 31, 2024 (the “Agreement”) to furnish construction of the Yellow Brick Road Supplemental Lighting Project, located at 8th Street between Ohio Avenue and Pennsylvania Avenue in Richmond, CA (the “Project”)
B. The Parties now desire to enter into this First Amendment to increase the expenditures under the Construction Agreement by an additional not-to-exceed sum of $33,900 (the “Additional Expenditures”), for a total amended not-to exceed amount of $1,175,600 as set forth on Attachment 1 attached and incorporated hereto (the “First Amended Amount”).
NOW THEREFORE, in consideration of the recitals he reof, 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 necessary to make repairs 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 A mendment on behalf of the 2 Construction Agreement Amendment No. 1
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 numbe r 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:
Nema Construction
By: _______________________________
Name:
Its:
3 Construction Agreement Amendment No. 1
ATTACHMENT A
Contractor Name Date
DESCRIPTION OF WORK TO BE PERFORMED
See description below for each item.
SUMMARY FOR CHANGE ORDER #04 (See attached sheets for more detailed information):
ITEM # REFERENCE DESCRIPTION ITEM SUBTOTAL
4.1 City Request Replace concrete sidewalks and reloc ate (1) light fixture with new foundation $33,900.00 TOTAL CHANGE ORDER #04 $33,900.00
Contract Balances
Original Contract Value: 1,037,700.00 $
Net Value of Previous Change Orders: 104,000.00 $
Current Change Order: $33,900.00
Total Contract Value With Approved Changes: 1,175,600.00 $ Contract Duration
Original Working Days: 135
Net Duration of Previous Change Orders: 105
Per this Change Order, Working Days Added through 12/31/25: 60 Total Contract Duration With Approved Changes: 300
Approvals
Signature
Construction Manager (Print) Date
Signature
Project Manager (Print) Date
Signature
General Contractor (Print) Date
Signature
Director of Public Works (Print) Date
PO #25200112
Contract Change Order #4
23032 - Yellow Brick Road Supplemental Lighting Project Public Works Department
The Contractor is hereby directed to make the following changes or to do the following work not included in the Contract Documents. All new work herein described shall be done in accordance with the applicable provisions of the Contract Documents, except as specifically modified by this Change Order (CO).
Unless specifically noted otherwise in this document, the agreed upon price(s) shown herein include consideration for all costs associated with the changed work including labor, traffic control , material and equipment costs (including any delay and rescheduling), overhead, profit and any other costs arising directly or indirectly from the changed work. Rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
NOTE: This CO is not effective until signed by the City Manager or their designee.
NEMA Construction 8/27/2025
Nema Construction
555 Pierce Street #1005, Albany, CA 94706
Nema @post.com T:510-525-2398
PCO #4
Date: 8/27/2025
To: Swinerton Management and Consulting
Attn: Wanda Wong
A/E: CSW/ Stuber-Stroeh Engineering Group, Inc.
Project: Yellow Brick Road Supplement Lighting Project
Subject: Sidewalk repair-Relocation of (1) light fixture
Change order #4
Remove existing sidewalk and pour new concrete per
The attached pictures at 6 locations $25,400.
Relocation of (1) light fixture with new foundation 8,500.
Total $33,900.00
Nema Construction
ali farahani