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03.04 1st Amend Shaffer Park Renovation Special Inspections ��F-��9a� �,�r\a�pRPORAlFQ;,'Y'A� vj: ,,�` �� ,�_/� AGENDA ITEM �2cF�?o,i 6^,cA��°Q/ �-U^�TM January 8, 2019 TO: Honorable Mayor and Members of the City Council THRU: Rick Otto, City Manager / 1 FROM: Bonnie Hagan, Community Services Director i � REVIEW: City Manage Finance �� 1 . SUBJECT First Amendment to Agreement with Smith Emery Laboratories, Inc. for special inspections and materials testing on the Shaffer Park Renovation project. 2. SUMMARY This amendment represents an increase to support code-required material testing services beyond the amount originally estimated. 3. RECOMMENDED ACTION 1. Approve the amendment and authorize the Mayor and the City Clerk to execute on behalf of the City. 2. Authorize the appropriation of $17,998 from the Park Acquisition (Infill) unreserved fund balance to expenditure account number 510.7021.56020.30042, Park Acquisition and Development (Infill) — Shaffer Park Renovation. 4. FISCAL IMPACT The total expenditure for this amendment is $17,998 and, upon appropriation, will be funded in Shaffer Park Renovation project #30042 through Park Acquisition and Development (Infill) Fund 510. , 5. STRATEGIC PLAN GOALS Goal 3: Enhance and promote quality of life in the community a: Refurbish, maintain, develop and/or expand public use places and spaces. 6. DISCUSSION AND BACKGROUND The agreement with Smith Emery provides for code-required special inspections and materials testing for the Shaffer Park Renovation project. Smith Emery was selected based on a competitive bid process. Testing services include block wall grout, structural steel, structural welding, concrete foundations, concrete compression, masonry mortar ITEM 3.�- 1 O 1/08/2019 compaction, and wood frame inspections. The original Smith Emery agreement amount was based on the scope of work presented in the early stages of the project. The Shaffer Park Renovation is a design-build project. To this end, certain design elements continue through construction. In addition, the design-build contractor selected for the project has not sequenced their work typical to our City standard. Based on this, additional inspections were needed for added retaining walls, additional compaction testing, wood frame inspections, and steel work. The original amount of the agreement was for $21,110. Combined with the proposed amendment of$17,998, the new total agreement amount is $39,108. An appropriation of park development fees is necessary to fund the amendment. There are sufficient funds in the 510 fund balance to support the requested appropriation. 7. ATTACHMENT • First Amendment to Consultant Services Agreement No. 6542 ITEM 2 O1/08/2019 AGR-6542.1 FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT This First Amendment to Consultant Services Agreement (the "First Amendment") is made and entered into as of , 2019, by and between the CITY OF ORANGE, a municipal corporation (the "City"), and SMITH EMERY LABOR.ATORIES, INC., a California corporation (herein referred to as the"Consultant"),with its principal office for purposes of this First Amendment at 1195 N. Tustin Ave., Anaheim, California, 92807 and with reference to the following: A. The City and the Consultant entered into that certain Consultant Services Agreement (Agreement No. 6542) dated as of November 14, 2017, which is incorporated herein by this reference (the"Original Agreement"); and B. The City and the Consultant desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement. NOW, THEREFORE, the parties hereby agree as follows: Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. Section 2. Cross-References. The City and Consultant agree that all references in this First Amendment are deemed and construed to refer to the Original Agreement, as implemented by this First Amendment. Section 3 Revised Scope of Services. The Scope of Services, Exhibit A to the Original Agreement, is hereby amended, modified and supplemented to include the services described on Exhibit A attached hereto and incorporated herein by this reference. Section 4 Compensation. The total not-to-exceed compensation (exclusive of reimbursables) set forth in Section II of the Original Agreement for the services to be rendered thereunder was the sum of TWENTY ONE THOUSAND ONE HLJNDRED TEN DOLLARS and 00/100 ($21,110.00). Section II of the Original Agreement is hereby amended to provide for an increase of SEVENTEEN THOUSAND NINE HUNDRED NINETY EIGHT DOLLARS and 00/100 ($17,998.00) in the total not-to-exceed compensation such that the Consultant's total compensation under the Original Agreement, as amended by this First Amendment shall not exceed THIRTY NINE THOUSAND ONE HUNDRED EIGHT DOLLARS and 00/100 ($39,108.00) without the prior written authorization of the City. Section 5. Inte�ration. This First Amendment, the agreements specifically referred to herein, and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect to the subject matter hereof. This First Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties. IN WITNESS of this Agreement, the parties enter into this Agreement on the year and day first above written. "CONSULTANT" "CITY" SMITH EMERY LABORATORIES, INC., CITY OF ORANGE, a municipal corporation a Califomia corporation *By: By: Printed Name: Mark A. Murphy,Mayor Title: ' *By: ATTEST: Printed Name: Title: Pamela Coleman, City Clerk APPROVED AS TO FORM: Gary A. Sheatz Senior Assistant City Attorney *NOTE: If CONSULTANT is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President,AND (2) the Secretary, the Chief Financial Offccer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate offcer exists or one corporate officer holds more than one corporate office,please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 2 EXI3IBIT "A" ADDITIONAL SCOPE OF SERVICES [Behind this page.] ��H��.�F. y ,p� SMITH-EMERYLABORATORIES An Indebendent Commercial Testin Laborato Established 1904 1197 North Tustin Avenue Phone(800)640-1026 �y �,y Anaheun, California 92807 Fax(714)238-6144 e�RAYoQ'� City of Orange October 30, 2018 300 E. Chapman Avenue Orange, CA 92866 ' Attn. Bonnie Hagan COR#1 for: Shaffer Park Renovation Project � 1930 North Shaffer Street Orange,CA 92865 Project#45074-1 Dear Ms. Bonnie Hagan, Pursuant to your request, Smith Emery Laboratories is hereby submitting our Change Order Request in the amount of$17,997.25 as indicated below. This request covers services through September 2018. We are including as backup the details of all services billed through invoices dated September 28, 2018. 1.'Date of PO #109953. December._5,2017_ ; $__._ __21,110.00 : 2_Net change by previously authorized . ; $ _ 3:G�urent Contract Sum ' $ 21,110.00 ; 4.Amount Inyoiced as of Au�ust 31st 2018 � $ 39,107.25 ' _ �. .._ _ ___... .�_ _. .;. :_�._. _,___._.:: _ . _:._ _ __._._�_ ,_._._Change Order Request Items j - _ __. _ �. ..�,._ ._. .____.___._._...� __,.� .,..r---_:;.r 5�.As of Au�ust_31st 2018,Amount Over Budget _ ;.$ . 1Z,997.25 ; - - � ., ._ . . . _ _. . .... ... �.... . _.. ._ .. _ ... ._ _ . 6, COR#1_amount to completion through Sept 2018_. _ _ '�_ $. 17,997.25 � Total cost to complete prolect through September 2018_ ' $ 39,107.25, ; _ _ Our goal is to provide only the services required by code and authorized so that you the owner may obtain certificate of occupancy. Finally, if you should have any questions or wish to discuss our request,please contact us. Thank you �� Nicholas Gudino Project Manager Smith EmeryLaboratories Exhibit A 1195 North Tustin Ave. Office:714-238-6133 Page 1 of 2 Anaheim CA 92807 Fax:714-238-6144 Subtotals$ Project Name:SHAFFER PARK RENOVATiON PROJECT 2018 2018 2018 2018 2018 Projed#:45074 Apr May 1un Jul Aug Description Time 1 CONC COMPRESSION TEST RT $ 140.00 $ 525.00 q 140.00 $ 805.00 2 P/U CONC CYLINDER(W/iN 40 MILE RADIUS FROM LAB.) RT $ 285.00 $ 75.00 $ 360.00 3 MASONRY MORTAR COMP CYL RT $ 200.00 $ 200.00 4 P/U GROUT SAMPLES W/IN 40 MILE RADIUS FR LAB,EA RT $ 15.00 $ 75.00 3 90.00 5 P/U MORTAR SAMPLES W/IN 40 MILE RADIUS FR LAB,EA RT $ 240.00 5 240.00 6 ADMIN CHARGES,5%OF INVOICE RT $ 35.00 $ 20.25 $ 29.50 $ 84.75 � 4 140.00 $ 845.00 $ 175.25 $ 619.50 $ 1,779.75 2018 2016 2018 2018 2018 Apr May Jun Jul Aug Description Time 8 CONCRETE FOUNDATIONS RT RT $3,300.00 $ 2,550.00 $ 5,850.00 9 ADMINISTRATIVE SUPPORT 5%OF INVOICE RT $ 165.00 $ 757.50 $ 225.00 $ 630.00 $ 1,777.50 10 MASONRY STRUCf WALLS RT RT $ 4,200.00 $6,600.00 $1,200.00 $11,400.00 $ 23,400.00 il WOODFRAME INSPECTION RT $1,500.00 3 1,500.00 12 STEEL FIELD WELD-MISC RT RT $1,500.00 $ 1,500.00 13 STEEL SHOP VISUAL RT RT $ 3,300.00 $ 3,300.00 14 $3,300.00 $10,215.00 $8,857.50 3 2,925.00 $ 12,030.00 $ 37,327.50 15 TOTAI 1NVOICED AS OF AUGUST2018 539,107.25 16 PO#1�9953 DATED December 5,2017 $Z1,110.00 17 REMAINING IN BUDGET AS OF AUGUST 2018 -$17,997.25 18 Change order request amount completion Sept 2018 $17,997.25 Exhibit A Page 2 of 2