PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.K
SUBJECT/TITLE:
AMENDMENT #2 TO THE AGREEMENT WITH HUNTER SMITH & ASSOCIATES, INC.
FOR THE CHAPMAN ESTATE ADA RESTROOM REMODEL AND ADDITION
PROJECT
RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to execute Amendment #2 to the existing Professional Services Agreement with Hunter Smith & Associates, Inc. in the amount of $26,597.17 for Construction Management Services for the Chapman Estate ADA Restroom and Remodel Project.
BACKGROUND:
The Chapman Estate is a unique property that was accepted by the City Council in 2013.
Since that time, the City has been performing work to make the Estate available for event rentals, including a new roof, electrical repairs, railing installation, ADA walkway construction and some siding repairs. On January 17, 2023, the City Council awarded a contract to Jack Handley Construction Services (Jack Handley) for the construction of an ADA Restroom at the Estate. Contracts with Hunter Smith & Associates, Inc. (Hunter Smith) for construction management and MDN Engineering, LLP (MDN) for engineering support services were executed under the City Manager’s authority. On August 1, 2023, Council authorized a construction change order with Jack Handley and contract amendments with both Hunter Smith and MDN due to issues that had arisen during construction of the project.
Since that time, discovery of unknown existing conditions for the Chapman Estate has required Hunter Smith to complete additional tasks outside the current scope of work.
This expanded scope has also lengthened the project schedule, requiring additional construction management services. Hunter Smith has provided a cost proposal to cover the increased work of $26,597.17. The total contract cost including the proposed Amendment #2 is $86,597.17. Hunter Smith has confirmed that the proposed amendment will cover the additional work that has been performed to date as well as through project completion.
Conclusion and Recommendation
Staff recommends the Council adopt a Resolution (Attachment 1) authorizing the City Manager to execute Amendment #2 (Attachment 1.A) to the existing Hunter Smith contract to cover the additional work that has been performed and bring the project to completion.
FISCAL IMPACT:
The fiscal impact of adopting the subject Resolution is $26,597.17 from the Chapman Estate Fund. The current Fiscal Year (FY) 2024 budget is $353,378 in the Chapman Estate Fund. The current budget includes contingency funds for the ADA Restroom
9.K-1Council Agenda 11-7-2023
Remodel and Addition project as well as funds for the window replacement at the Chapman Estate. Because the windows are no longer being donated, that project is not moving forward and those funds are available to support the ADA Restroom Remodel and Addition project.
FY 2024 Chapman Estate Fund Project Budget $353,378.00
Proposed FY 2024 Costs
Proposed Hunter Smith Amendment #2 $26,597.17
Remaining Available Budget $326,780.83
ALTERNATIVES:
1. Do not approve Amendment #2; provide staff with direction.
ATTACHMENTS:
1. Resolution
1.A Exhibit A to Resolution: Proposed Hunter Smith Amendment #2 Prepared by: Meeting Date: November 7, 2023
Erin Olsen, Senior Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:
9.K-2Council Agenda 11-7-2023
RESOLUTION NO. R-2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT #2
TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT WITH HUNTER SMITH & ASSOCIATES, INC. IN THE AMOUNT OF $26,597.17 FOR
CONSTRUCTION MANAGEMENT SERVICES FOR THE CHAPMAN ESTATE ADA
RESTROOM AND REMODEL PROJECT
WHEREAS, the City has been performing work to make the Chapman Estate available for event rentals including construction of an ADA Restroom at the Estate; and WHEREAS, a contract with Hunter Smith & Associates, Inc. (Hunter Smith) for construction management was executed under the City Manager’s authority for the ADA Restroom and Remodel Project; and
WHEREAS, on August 1, 2023 Council authorized Amendment #1 with Hunter Smith due to issues that had arisen during construction of the project; and WHEREAS, since that time, discovery of unknown existing conditions for the Chapman Estate has required Hunter Smith to complete additional tasks outside the current scope of work and lengthened the overall project schedule; and WHEREAS, Hunter Smith has provided a cost proposal to cover the increased work that has been performed to date and will cover their services through project completion.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute Amendment #2 to the existing Professional Services Agreement with Hunter Smith & Associates, Inc. in the amount of $26,597.17 for Construction Management Services for the Chapman Estate ADA Restroom and Remodel Project (Exhibit A).
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 7th day of November 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
9.K-3Council Agenda 11-7-2023
Attachment 1
AMENDMENT # 2
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:
1.Additional services shall be performed as set forth in the proposal dated October 30, 2023, which is attached hereto and by this reference made a part hereof.
2.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-six thousand five hundred ninety-seven dollars and seventeen cents ($26,597.17), without prior written approval of the City.
3.The revised fee under the February 17, 2023 contract, plus addenda 1-2, is eighty-six thousand five hundred ninety-seven dollars and seventeen cents ($86,597.17).
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:
City of Pismo Beach, a Municipal Corporation
Signed:
Name: Benjamin A. Fine, P.E.
Title: Director of Public Works/City Engineer
Dated: ________________________________
Signed:
Name: Jorge E. Garcia
Title: City Manager
Dated: ________________________________
ATTEST:
Signed:
Name: Erica Inderlied
Title: City Clerk
APPROVED AS TO FORM:
Signed:
Name: David M. Fleishman
Title: City Attorney
VENDOR:
Hunter Smith & Associates, Inc.
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: ____________________________
Attachment: Scope/Cost Proposal
9.K-4Council Agenda 11-7-2023
Attachment 1.A
October 30, 2023
To: Mike Nickerson
[email protected]
(805) 550-6545
From: Logan Hunter
[email protected]
(805) 548-1002
Re: Requested 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.
Additional services performed to date include the following, some of which constitutes design work outside the typical scope of a Construction Management contract:
● Complete an updated foundation and framing plan to account for the defects along the kitchen wall
● Shoring plan
● Utility plan updates
● Corrections to the original dimensional floor plan and interior elevations to ensure ADA compliance
● Corrections to the electrical lighting and power plans. ● Awning design over side door
● HVAC replacement design
COMPENSATION
Continued Construction Management services and the plans necessary for the exterior awning will be billed at the hourly rates indicated below. Total additional services will not exceed $26,597.17 without prior approval.
9.K-5Council Agenda 11-7-2023
Attachment 1.A
Purchase Order Summary
Contract Value:$40,000
Amendment 1:$20,000
Requested Amendment 2: $26,597.17
TOTAL:$86,597.17
Billed to Date:($67,584.17)
Work In Progress:($13,163.00)
BALANCE REMAINING: $5,850
Hourly Billing Rates (Unchanged from original contract.) Principal Architect - $225
Architectural Designer - $175
Thank you. Please contact me if you have any questions or concerns. We look forward to finishing this project to improve the Chapman Estate.
Sincerely,
Logan Hunter
860 Walnut Street, Suite B. San Luis Obispo CA 93401 | (O) (805) 544-3380
9.K-6Council Agenda 11-7-2023
Attachment 1.A