CONSTRUCTION SERVICES AGREEMENT
AMENDMENT NO. 2
This AMENDMENT NUMBER 2 is entered into as of the 25th day of March, 2023, 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 NO. 2.
C. City desires to authorize Consultant to provide the additional services described in this Amendment NO. 2. AGREEMENT
1. Scope of Services. The services to be provided are as outlined in the proposed Amendment NO.2 provided to City by Consultant, dated March 15, 2023, and attached hereto as Exhibit A “Scope of Amendment NO. 2” 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 July 30, 2024 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 NO. 2.
However, in no event shall the amount of Consultant’s compensation for the Additional Work exceed an additional forty thousand dollars ($40,000). The total combined compensation for the Original Agreement, Amendment NO. 1 and this Amendment NO. 2 shall not exceed one-hundred seventy-five thousand nine hundred sixty dollars ($175,960). Payment by City under the Original Agreement, as amended, or Amendment NO. 1 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 2
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 forty thousand dollars ($40,000) or any work under the Original Agreement, as amended by this Amendment NO. 2, or Amendment NO. 1 in excess of the amount of one- hundred seventy-five thousand nine hundred sixty dollars ($175,960) 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 NO. 2 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
EXHIBIT A
SCOPE OF AMENDMENT
NO. 2
Chesterwerks Project Management
PROPOSAL
Provide project Management
Center as follows.
Manage all furniture placement in P&E and City Hall
Manage Security and excess system placement for City Hall and P&E building
Not exceed $40,000 unless approved by City.
Thank you
March 15th 2024