RESOLUTION NO. R-2023-059
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO:
1. EXECUTE CHANGE ORDER #2 WITH JACK HANDLEY CONSTRUCTION SERVICES IN THE AMOUNT OF $120,000 FOR THE CONSTRUCTION OF THE CHAPMAN ESTATE ADA RESTROOM AND REMODEL PROJECT; AND
2. EXECUTE AMENDMENT #1 WITH HUNTER SMITH $ ASSOCIATES, INC. IN THE AMOUNT OF $20,000 FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE CHAPMAN ESTATE ADA RESTROOM AND REMODEL PROJECT; AND
3. EXECUTE AMENDMENT #1 WITH MDN ENGINEERING, LLP IN THE AMOUNT OF $20,000 FOR ENGINEERING SUPPORT SERVICES FOR THE
CHAPMAN ESTATE ADA RESTROOM REMODEL AND ADDITION PROJECT WHEREAS, the Chapman Estate was accepted by the City Council in 2013 and since that time, the City has been performing work to make the Estate available for event rentals; and
WHEREAS, on January 17, 2023 the City Council awarded a contract to Jack Handley Construction Services for the construction of an ADA Restroom at the Estate; and WHEREAS, construction of the project is ongoing and over the course of the project several issues have arisen; and
WHEREAS, the total estimated cost to address these additional items is $120,000 over the current approved construction contract amount; and
WHEREAS, the extended construction schedule, as well as the additional time required by the engineering and construction management consultants to coordinate design and repairs, is above the current scope of work for both consultant contracts; and WHEREAS, Hunter Smith & Associates, Inc. and MDN Engineering, LLP have provided cost proposals to complete the additional scope of work.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute Change Order #2 with Jack Handley Construction Services in the amount of $120,000 for the construction of the Chapman Estate ADA Restroom and Remodel project (Exhibit A).
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute Amendment #1 with Hunter Smith & Associates, Inc. in the amount of $20,000 for construction management services for the Chapman Estate ADA Restroom and Remodel project (Exhibit B).
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R-2023-059
BE IT FINALLY RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute Amendment #1 with MDN Engineering, LLP in the amount of $20,000 for engineering support services for the Chapman Estate ADA Restroom Remodel and Addition Project (Exhibit C).
UPON MOTION OF Mayor Pro Tem Reiss, seconded by Council Member Newton, the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 1st day of August 2023, by the following vote:
AYES:
5 Reiss, Newton, Inman, Guthrie, Waage
NOES:
0 ABSENT:
0 ABSTAIN:
0 RECUSED:
0 Approved:
Attest: ,
,E'risadnd rlted /Cj CI c
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R-2023-059
CHANGE ORDER Exhibit A
(Instructions Follow)
1 No 2
Project: Chapman Estate ADA Bathroom Project
Date of Issuance
Contractor: Jack Handley Construction
You are directed to make the following changes in the Contract Documents.
Description: Additional Extra Work At Direction of City Engineer and correct working days from CO#1 Purpose of Change Order: Increase the
additonal sewer line, qas line, and mold rer
Attachments: (List documents supporting change)
Change in Contract Price
Original Contract Price:
$ 327,950.00
Previous Change Orders:
No. 1 to
No. 1
0.00 Contract Price Prior to this Change Order
$ 327,950.00
Net increase (decrease) of this Change Order
$ 120,000.00
Contract Price with all approved Change Orders
$ 447,950.00
for extra work at direction of Citv Enqineer to
Change in Contract Time:
Original Contract Time:
Previous Change Orders:
No. 1 to
No. 1
40 Days
80 days
Contract Time Prior to this Change Order.
120 days
Net change of this Change Order:
0 days
Contract Time with all approved Change Orders:
120 days
The amount and time provided in this contract change order are a full and final accord and satisfaction of all costs and time directly and indirectly related and all other claims related hereto are herby waived. The Contractor has reviewed the plans and specifications related to this change order and all changes thereto are accounted for in the attachment labeled "Attachment A".
Recommended:
by
Michael D. Nickerson, P.E.
Approved:
Benjamin A. Fine, P.E.
Director of Public Works/
1 City Engineer
Recommended:
by
Approved:
Jorge Garcia
Interim City Manager
PAGE 3 OF 7
Approved:
Contractor
R-2023-059
Exhibit B
AMENDMENT#1
to the
FEBRUARY 17, 2023 AGREEMENT BETWEEN THE CITY OF PISMO BEACH AND HUNTER SMITH & ASSOCIATES, INC.
Pursuant to the February 17, 2023 Agreement for Professional Services between the City of Pismo Beach, hereinafter referred to as "City," and Hunter Smith & Associates, Inc., hereinafter referred to as "Vendor," City and Vendor hereby agree as follows:
Additional services shall be performed as set forth in the proposal dated July 6, 2023, which is attached hereto and by this reference made a part hereof.
Compensation for and timing of the additional services shall be as set forth in the referenced proposal. Compensation for the additional services shall not exceed the amount of twenty thousand dollars ($20,000), without prior written approval of the City.
The revised fee under the February 17, 2023 contract, plus this addendum, is sixty thousand dollars ($60,000).
4. All other provisions of the Construction Management Services — Chapman ADA Restroom agreement between City and Vendor shall remain in full force and effect.
CITY: VENDOR:
City of Pismo Beach, a Municipal Corporation Hunter Smith & Associates, Inc.
Signed: Signed:
Name: Benjamin A. Fine, P.E. Name:
Title: Director of Public Works/City Engineer Title:
Dated:
Signed:
Name: Jorge E. Garcia
Title: Interim City Manager
Dated:
ATTEST:
Signed:
Name: Erica Inderlied
Title: City Clerk
APPROVED AS TO FORM:
Signed:
Name: David M. Fleishman
Title: City Attorney
Attachment: Scope/Cost Proposal
Dated:
Address for giving notice:
(if changed from prior agreement)
Email address for official communications:
(if changed from prior agreement)
Vendor Representative:
(if changed from prior agreement)
Name(Title:
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R-2023-059
Exhibit B
' HUNTER SMITH
H S ARCHITECTURE
July 6, 2023
To: Mike Nickerson
[email protected]
(805)550-6545
From: Logan Hunter
[email protected]
(805) 548-1002
Re: Reauested Ammendment to the Chapman Estate Construction Management Contract (PO# 0000001494)
Mike,
The following request for additional funds is the result of an expanded scope of work and the identification of unknown (and unknowable) existing conditions for the Chapman Estate Accessible Restroom Remodel and Addition. The expanded scope of work has lengthened the project schedule, and will result in additional costs for extended construction management services.
The following summarizes the current status of our Purchase Order:
Contract Value: $40,000
Billed to Date: $26,621.67
Remaining Balance: $13,378.33
COMPENSATION
We anticipate a further cost for construction management services of $20,000, in addition to the initial contract value, to be billed at the hourly rates indicated in our initial contract.
Thank you. Please contact me if you have any questions or concerns. We look forward to continuing our work together on this project.
Sincerely,
1—�
unter
860 Walnut Street, Suite B. San Lus Obispo�CA793401 (0) (805) 544-33 i-2023-059
Exhibit C
AMENDMENT#1
to the
MAY 23, 2023 AGREEMENT BETWEEN THE CITY OF PISMO BEACH
AND MON ENGINEERING, LLP
Pursuant to the May 23, 2023 Agreement for Professional Services between the City of Pismo Beach, hereinafter referred to as "City," and MDN Engineering, LLP, hereinafter referred to as "Vendor," City and Vendor hereby agree as follows:
Additional services shall be performed as set forth in the proposal dated July 8, 2023, which is attached hereto and by this reference made a part hereof.
Compensation for and timing of the additional services shall be as set forth in the referenced -proposal. Compensation for the additional services shall not exceed the amount of twenty thousand dollars ($20,000), without prior written approval of the City.
3. The revised fee under the May 23, 2023 contract, plus this addendum, is forty thousand dollars ($40,000).
4. All other provisions of the Chapman Estate ADA Restroom Project Support agreement between City and Vendor shall remain in full force and effect.
CITY: VENDOR:
City of Pismo Beach, a Municipal Corporation MDN Engineering, LLP Signed:
Name: Benjamin A. Fine, P.E.
Title: Director of Public Works/City Engineer
Dated:
Signed:
Name: Jorge E. Garcia
Title: Interim City Manager
Dated:
ATTEST:
Signed:
Name: Erica Inderlied
Title: City Clerk
APPROVED AS TO FORM:
Signed:
Name: David M. Fleishman
Title: City Attorney
Attachment: Scope/Cost Proposal
Signed:
Name:
Title:
Dated:
Address for giving notice:
(if changed from prior agreement)
Email address for official communications:
(if changed from prior agreement)
Vendor Representative:
(if changed from prior agreement)
Name/Title:
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R-2023-059
Exhibit C
MDN Engineering, LLP
780 La - Teena Place
Arroyo Grande, Ca 93420
805-550-6545
mdnickerson(a),vahoo.com
July 8, 2023
Benjamin A. Fine, Director of Public Works / City Engineer City of Pismo Beach
760 Mattie Road
Pismo Beach, Ca 93449
Subject: Amendment for Consulting Services
Chapman Estate Improvements Project Support
Dear Mr. Fine:
While constructing the planned improvements, differing site conditions have impacted the work area and utility systems. Additional time was required to identify and coordinate design and repairs to the natural gas service, sewer system, termite damage, mold mitigation, roof water damage to interior and exterior walls, and dry rot at interior and exterior sill plates. The current contract summary and requested amendment amount are shown below:
Current Account Summary:
Initial P.O. Amount:
Total to Date
Remaining Amount:
Amendment Amount:
Sincerely,
MDN Engineering, LLP
7�c%aee Tom. if%c,�ai�.oeri
Michael D. Nickerson, P.E.
Partner
$ 20,000
11,500
$ 8,500
$ 20,000
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R-2023-059