OAK #4849-6631-0203 v1
SECOND AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This Second Amendment to AGREEMENT FOR CONSULTANT SERVICES AGREEMENT (the "Second Amendment") is made and entered into this _____________ day of _______, 2023, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and GHD, INC., a corporation, (hereinafter referred to as "CONSULTANT").
RECITALS
WHEREAS, on March 20, 2020, CITY and GHD, INC. entered into that certain agreement entitled “AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF PACIFICA AND GHD, INC.,” (“Agreement”) to provide Construction Management and Inspection services in connection with the Milagra Creek Outfall Repair Project; and WHEREAS, on July 12, 2021, City and GHD, Inc. entered into that certain First Amendment to amend the terms of the Agreement to provide Construction Management and Inspection services in connection with the Milagra Creek Outfall Repair Project; and WHEREAS, City and GHD, Inc. now desire to enter into this Second Amendment to amend the terms of the Agreement.
AGREEMENT
NOW, THEREFORE, for the considerations hereinafter set forth, the parties hereby agree as follows:
1. Amendment to Agreement. The City would like to continue to engage the services of GHD, Inc. to perform the updated tasks set forth in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full.
2. Agreement in Effect. Except as amended by this Second and First Amendment, the Agreement shall remain in full force and effect.
3. Counterpart Signatures. This Second Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
[SIGNATURES ON NEXT PAGE]
ATTACHMENT A
OAK #4849-6631-0203 v1
CITY OF PACIFICA
By: _______________________ Date ________
Kevin Woodhouse, City Manager
GHD, INC.
By: _______________________ Date _4/10/23_______
OAK #4849-6631-0203 v1
Exhibit A
The Power of Commitment
Our ref: 11211866
06 February 2023
Mr Raymund Donguines, P.E.
Senior Engineer
City of Pacifica
170 Santa Maria Avenue
Pacifica, CA 94044
Milagra Creek Ocean Outfall Repair Project CM Agreement Amendment Request - Details Dear Mr Donguines:
The following information is presented in support of GHD’s request for a second contract amendment totalling $44,000 for construction management of the Milagra Creek Outfall Repair Project.
The original contract was authorized in March of 2020, anticipating a total of 40 days of inspection with a not-to-exceed fee of $128,504. Amendment 1 was authorized on August 18, 2021 for an additional $59,854 based on an estimate in May 2021 that an additional 23 workdays of inspection would be required. It was noted at the time that the budget would not allow for full-time inspection, City resources were expected to supplement GHD’s time. Review of daily logs reflects GHD site presence:
March 2022: 5 days
April 2022: 17 days
May 2022: 13 days
June 2022: 7 days
July 2022: 7 days
For a total of 49 days – more than twice the estimated level of effort. In addition to the extended field time, additional administration and management time was required during this period. The City was aware of the additional level of effort required and anticipated amending GHD’s contract once the project was complete and the various Contractor issues had been settled.
As a result of the extended contract duration, which was beyond GHD’s control, we respectfully request a second contract amendment for an additional $44,000 to compensate for our additional level of effort.
Original Contract: $128,504
Amendment 1 $ 59,854
Proposed Amendment 2 $ 44,000
Revised Total: $232,358
Actual project charges above budget through January 28, 2023 total about $41,000. Remaining activities include final contractor change order and pay requests, minor administrative effort, and project documentation compilation and transmittal to the City.
GHD understands that Council approval will be required to close out the project. We anticipate our work to be complete by the date of Council approval, expected to be at one of the March, 2023 meetings. GHD has greatly appreciated the opportunity to work with the City on this challenging project and we hope to continue our collaboration in the future.
Regards,
Jane Rozga
Construction Management Business Group Leader
707-236-1530
[email protected]