ATTACHMENT 1
Construction Services Agreement - Amendment #1
Chesterwerks Page 1
OAK #4817-6120-9406 v3
CONSTRUCTION SERVICES AGREEMENT
AMENDMENT NO. 1
This AMENDMENT NUMBER 1 is entered into as of the 13th day of June, 2022, by and between the CITY OF PACIFICA, herein called the “City,” and CHESTERWERKS, herein called the “Consultant.”
RECITALS
A. City desired to obtain Project/Construction Management Services in connection with the design and construction of the Civic Center Campus Facilities Project, and for that purpose entered into an agreement with Consultant dated February 10, 2022 (“Original Agreement”).
B. Consultant hereby warrants to the City that Consultant is skilled and able to provide such services described in this Amendment #1.
C. City desires to authorize Consultant to provide the additional services described in this Amendment #1.
AGREEMENT
1. Scope of Services. The services to be provided are as outlined in the proposed Amendment No.1 provided to City by Consultant, dated June 1, 2022, and attached hereto as Exhibit A “Scope of Amendment #1” and incorporated by reference (“Additional Work”). Consultant shall perform such Additional Work as requested by City through its staff from time to time.
2. Time of Performance. The services of Consultant are to commence upon direction to proceed from City staff and shall be undertaken and completed by September 30, 2022 for the City to comply with requirements imposed upon by the City.
3. Compensation and Method of Payment.
A. Compensation. The compensation to be paid to Consultant, including both payment for professional services and reimbursable expenses, shall be at the rate and schedules set forth in the Original Agreement and this Amendment #1. However, in no event shall the amount of Consultant’s compensation for the Additional Work exceed an additional one-hundred twenty thousand nine hundred sixty dollars ($120,960). The total combined compensation for the Original Agreement and this Amendment #1 shall not exceed one-hundred thirty-five thousand nine hundred sixty dollars ($135,960). Payment by City under the Original Agreement, as amended, shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. The 5% retention does not apply to Consultant’s compensation.
B. Method of Payment.
i. Monthly Statements. As a condition precedent to any payment to Consultant under the Original Agreement, as amended, Consultant shall submit monthly to ATTACHMENT 1
Construction Services Agreement - Amendment #1
Chesterwerks Page 2
OAK #4817-6120-9406 v3
the City a statement of account that clearly sets forth the designated items of work for which the billing is submitted. Each statement of account shall also include a detailed record of the month’s actual reimbursable expenditures. ii. Timing of Payment. City shall review and approve Consultant’s monthly statement and pay Consultant for services rendered hereunder if acceptable to the satisfaction of the City at the rates and in the amounts provided hereunder on a monthly basis in accordance with the approved monthly statements.
C. Changes in Compensation. Consultant shall not undertake any work on the Additional Work that will incur costs in excess of the amount of one-hundred twenty thousand nine hundred sixty dollars ($120,960) or any work under the Original Agreement, as amended by this Amendment #1, in excess of the amount of onehundred thirty-five thousand nine hundred sixty dollars ($135,960) without further written amendment to the Original Agreement.
4. Agreement in Effect. All other provisions of the Original Agreement, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the City and Consultant have executed this Amendment #1 as of the date first written above.
CITY OF PACIFICA CONSULTANT
CHESTERWERKS
By: By:
Kevin Woodhouse Brett Stollenwerk
City Manager President
ATTEST:
By: __________________
Sarah Coffey
City Clerk
APPROVED AS TO FORM:
By:
Michelle M. Kenyon
City Attorney
ATTACHMENT 1
Construction Services Agreement - Amendment #1
Chesterwerks Page 3
OAK #4817-6120-9406 v3
EXHIBIT A
SCOPE OF AMENDMENT #1
SCOPE OF WORK dated June 1, 2022
CHESTERWERKS PROJECT MANAGEMENT SERVICES ($15,000)
Hourly rate is $135 an hour and travel time when necessary. -Provide support for staff design decisions during finalization of PS&E -Conduct value engineering and constructability reviews -Outreach to contractors during pre-qualification process -Review of design consultant schedule and cost estimates -Make recommendations for design delivery
CHESTERWERKS CONSTRUCTION MANAGEMENT SERVICES ($120,960) Hourly rate is $135 an hour and travel time when necessary. -Provide support for staff design decisions during construction -Conduct in-field value engineering and constructability -Coordinate with contractors during the construction phase -Review of RFI, submittal, substititions
-Make recommendations for construction delivery
-Up to 896 hours during the construction phase.