CONSTRUCTION SERVICES AGREEMENT AMENDMENT
NO. 1
This AMENDMENT NUMBER 1 is entered into as of the 8th day of April 2024, by and between the CITY OF PACIFICA, herein called the "City," and ARMOUR FENCE, herein called the "Contractor."
RECITALS
A. City desired to obtain Services for the removal and installation of backstops for the Fairway Park Backstops Replacement Project, and for that purpose entered into an agreement with Contractor dated January 24, 2024 ("Original Agreement").
B. Contractor 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 Contractor to provide the additional services described in this Amendment #1.
AGREEMENT
Scope of the Work. The Work identified in Section 2 of the Original Agreement shall be amended to include the additional work outlined in Exhibit A "Scope of Amendment #1", attached hereto, and incorporated by reference ("Additional Work"). Contractor shal ertorm such Additional Work as requested by City through its staff from time to time Time of Performance. The Schedule of Performance for the Work identified in Section 3 of the Original Agreement shall be amended as follows:
Substantial Completion Date: Within 60 working days of Commencement Date.
Final Completion Date: Within 5 working days of Substantial Completion.
3. Compensation
The compensation to be paid to Contractor for the Work identified in Section 2 of the Original Agreement shall, shall be increased by an additional One hundred and sixty-eight thousand six hundred sixty-nine dollars and sixty two cents ($168,669.62)The total combined compensation for the Work identified in the Original Agreement and the Additional Work identified in this Amendment #1 shall not exceed three-hundred forty-two thousand six hundred sixty-nine dollars and sixty two cents ($342,669.62). 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. All payments shall be subject to a five percent (5%) retention.
4. Contractor shall increase the amount of the Construction Labor and Materials Payment Bond (Appendix D of the Original Agreement) and the Construction Performance Bond (Appendix E of the Original Agreement) by the Additional Amount ($168,669.62) for each bond and provide the new bonds to the City at the time of execution of this Amendment No. 1.
5. Agreement in Effect. All other provisions of the Original Agreement not amended herein shall remain unchanged.
4853-6050-2194 v1
IN WITNESS WHEREOF, the City and Contractor have executed this Amendment #1 as of the date first written above.
CITY OF PACIFICA CONTRACTOR
ARMOUR FENCE
By: 3y: Joshua Berglund
202416:56 MD
Kevin Woodhouse Joshua Berglund
City Manager President
ATTEST:
By Sarah Coffey
City Clerk
APPROVED AS TO FORM:
By Michelle M. Kenyon
City Attorney
4853-6050-2194 v1
EXHIBIT A
SCOPE OF AMENDMENT #1
During the installation of the backstops at Fairway Park it was determined that the soil conditions required a more reinforced foundation and a larger support frame. The redesigned backstops requires a larger metal support post diameter from four inches to six and a half inches, drilling down to a depth of 10 feet, and securing the posts with a larger concrete footings to enhance structural integrity and provide a more secure foundation.
The project will now also include several fence replacements identified below on the Majors, Nick Gust and Piccolotti Fields. These fences will be connected to updated backstops. Their height and length dimensions are indicated below.
The new designed backstops are integrated into the previous "Fairway Park Backstop Project". The updated project will continue to include the removal of existing backstops and the installation of the newly re-engineered 20-foot-high backstops for foul ball overhangs and the installation of fences, safety panels, and various other miscellaneous tasks.
New scope of work for the installation of the three backstops at Fairway Park (specifically Major's, Nick Gust and Piccolotti Fields):
Upgrade main support posts from 4-inch to 6-5/8" posts with a heavy mil black finish. Install 6-5/8" fitting, replacing the previous 4-inch fittings, to complement the upgraded posts. Rebar cages will be installed on posts for all three backstops at a depth of 10 feet. Pouring of 30 yards of 3000psi concrete to create footings for the backstops, supporting a foundation.
Use of a White Cap Sonotube to accommodate the upgraded larger posts. Use of Recology of the Coast for the removal of dirt, minimum nine loads. Rental of a Cresco gradeall and boom lift for pole installation and elevated construction needs. All costs related to the use of a skidsteer utilized for material movement, initial hole drilling, and soils movement.
All 6-5/8" fittings and caps will be painted. Installation of all chain link, fittings, posts, rails, boards, etc., will be installed for the 20' and 12' high backstop fencing and 10' overhang. All backboards will be painted and installed to original height of two boards high, with the length adjusted to the dimensions of the updated backstop frame.
Any additional labor required for the installation of backstops, fencings, or gates, as well as for painting, demolition, or removal of previous structures, will also be accounted for in the scope of work.
Additionally, any fees related to the return of posts, fittings, or fabric associated with the original 4" posts that can be restocked will be included, and any expenses of any nonrefundable items ordered before the decision to transition to larger 6-5/8" posts, including posts, fittings, fabric, and adaptors.
Major's Field updated as follows:
The installation will encompass 14 linear feet of 12' fabric, accompanied by two additional 2-7/8" × 15 posts/caps fittings. Additionally, 90 linear feet of 6' fabric will be installed, with new posts sleeved over 4853-6050-2194 v1
existing ones, complemented by new rails. 150 linear feet of 4' chain link will be erected, utilizing new posts sleeved over existing ones, along with new rails.
All posts at 56' of 12' high and 50' of 6' high will be replaced, eliminating the need for painting. A 12 linear feet double swing gate, standing 4' tall, will be installed along the 3rd base line. Additionally, a 10 linear foot section of 12' high safety fencing will be placed at the end of the 1st base line.
Any additional labor required for the installation of backstops, fencings, or gates, as well as for painting, demolition, or removal of previous structures, will also be accounted for in the scope of work.
Additionally, any fees related to the return of posts, fittings, or fabric associated with the original 4" posts that can be restocked will be included, and any expenses of any nonrefundable items ordered before the decision to transition to larger 6-5/8" posts, including posts, fittings, fabric, and adaptors.
Nick Gust Field updated as follows:
Installation of 110 linear feet of 4' chain link with new posts sleeved over existing ones, complete with new rails. 220 linear feet of 6' chain link will be installed using new posts sleeved over existing ones, also with new rails.
Two new 4' tall man gates and a 6' double swing gate spanning 10 linear feet will be installed. Posts and rails of the 140 linear feet 12' fence outfield will be painted. Moreover, 140 linear feet of new 12" chain link and 140 linear feet of bottom rail and fittings will be installed.
Any additional labor required for the installation of backstops, fencings, or gates, as well as for painting, demolition, or removal of previous structures, will also be accounted for in the scope of work.
Additionally, any fees related to the return of posts, fittings, or fabric associated with the original 4" posts that can be restocked will be included, and any expenses of any nonrefundable items ordered before the decision to transition to larger 6-5/8" posts, including posts, fittings, fabric, and adaptors.
Piccolotti Field updated as follows:
Any posts, fittings, fabric, or adaptors associated with the proposed 250 linear feet of 4' chain link fence must be returned.
Any additional labor required for the installation of backstops, fencings, or gates, as well as for painting, demolition, or removal of previous structures, will also be accounted for in the scope of work.
Additionally, any fees related to the return of posts, fittings, or fabric associated with the original 4" posts that can be restocked will be included, and any expenses of any nonrefundable items ordered before the decision to transition to larger 6-5/8" posts, including posts, fittings, fabric, and adaptors. 4853-6050-2194 v1
4.8.24 Agreement-Amendment 1_Armour Fence
v1.0
Final Audit Report 2024-04-01
Created: 2024-04-01 (Pacific Daylight Time)
By: Jeanett Ruspil ([email protected])
Status: Signed
Transaction ID: CB.JCHBCAABAA19FhiHjzFt3yTfUJTL8oHFrFK548khABT "4.8.24 Agreement-Amendment 1_Armour Fence v1.0" History • Document created by Jeanett Ruspil ([email protected]) 2024-04-01 - 3:35:00 PM PDT
* Document emailed to Josh ([email protected]) for signature 2024-04-01 - 3:35:04 PM PDT
Email viewed by Josh ([email protected])
2024-04-01 - 3:53:11 PM PDT
Go Signer Josh ([email protected]) entered name at signing as Joshua Berglund 2024-04-01 - 3:56:17 PM PDT
Oe Document e-signed by Joshua Berglund ([email protected]) Signature Date: 2024-04-01 - 3:56:19 PM PDT - Time Source: server • Agreement completed.
2024-04-01 - 3:56:19 PM PDT
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