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Home My WebLink About04/14/97AGENDA ADJOURNED REGULAR MEETING HERMOSA BEACH CITY COUNCIL Monday, April 14, 1997 - Council Chambers, City Hall 6:00 p.m. MAYOR CITY CLERK J. R. Reviczky Elaine Doerfling MAYOR PRO TEM CITY TREASURER Sam Y. Edgerton John M. Workman COUNCIL MEMBERS CITY MANAGER Robert Benz Stephen R. Burrell John Bowler CITY ATTORNEY Julie Oakes Michael Jenkins All council meetings are open to the public. PLEASE ATTEND. The Council receives a packet with detailed information and recommendations on nearly every agenda item. Complete agenda packets are available for public inspection in the Police Department, Fire Department, Public Library, the Office of the City Clerk, and the Chamber of Commerce. During the meeting, a packet is also available in the Council foyer. CALL TO ORDER ;ga PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC PARTICIPAT 1 N 1. �ras fl6�,zF— LOWER PIER AVENUE STREETSCAPE PROJECT - PROPOSED CHANGE IN CONSTRUCTION PHASING. Memorandum from Publ. Works Direct r Amy Amirani dated April 2, 1997. cS 1 RECOMMENDATION: Approve Unispec Construction's proposed modifications tCIO o the `A existing project phasing for the Lower Pier Avenue Project and approve changes to time of completion, phasing, incentives and liquidated damages. Gt1 4t4 AeisL CITIZEN COMMENTS I? �s Citizens wishing to address the Council on items within the this time. Please limit comments to three minutes. 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YJ4 CHANGE ORDER NO. 19 LOWER PIER AVENUE STREETSCAPE (CIP 94-160) CITY OF HERMOSA BEACH Gentlemen: You are hereby directed to perform the work in accordance with the herein described changes from the plans and specifications relative to work sequence, time for completion, payment of incentives and liquidated damages. All work shall be done in accordance with the applicable provisions of the plans and specifications. NOTE: This change order is not effective until approved by Owner. DESCRIPTION OF CHANGE A. This Change Order approves modifications to the Work Sequence Section 01010 §1.08B of the Project Specifications to allow Phases IV, V, VI and VII to commence before the previous phase is substantially complete. B. This Change Order modifies the Time of Completion Section 01010 §1.10A, B and C of the Project Specifications as follows: Paragraph A: Final Completion Date will now be June 9, 1997. Paragraph B: Incentives, will be paid as follows: If Phases IV & V, Sidewalk areas on the north and south sides of Pier Avenue, are both completed on or before May 9, 1997 the contractor shall receive a one time lump sum incentive of $20,000_ If Phase VI, The Hermosa/Pier Avenue Intersection, is complete on or before May 17, 1997 the contractor shall receive a one time lump sum incentive of $20,000. Paragraph C: Liquidated damages alleged by City to have accrued to date are hereby waived; all requests for extensions of time and damages alleged by Contractor due to delay are hereby waived. Liquidated damages, if assessed, will be as follows: Phase IV & V, Sidewalk areas on the north and south sides of Pier Avenue to be complete by May 17, 1997 or the contractor shall incur liquidated damages of $4,000/day. Phase VI, The Hermosa /Pier Avenue Intersection, to be complete contractor shall incur liquidated damages of $10,000/day from May 24 to May 31, 19 • an • 0,000/day thereafter. May 23, 199 or the Phase VII Final Completion including all fabricated items and palm trees shall be complete by June 9, 1997 or the contractor shall incur liquidated damages of $4,000/day from June 10, 1997 through June 20, 1997 and $10,000/day thereafter. PW#8/chngord_doc I, rirr\ i i i.JJ1 1J • '-11 R 1 l.I 1r1r\LJ f WI -I I JUI'I LI -1 - 1J OGD YJYJ f r .!'J.)/U•4 For purposes of assessment of liquidated damages pursuant to the above schedule, the word "complete" shall mean that items called for in the plans and specifications have been constructed/erectedfinstalled in a substantially complete manner and in accordance with the plans and specifications. Liquidated damages will not be assessed if minor corrections are not performed by the above specified dates, as long as those minor corrections are made by July 3, 1997: after July 3, 1997, liquidated damages will accrue for noncompletion of those items at the highest to set forth above for the releva t phase. 34 REASON FOR CHANGE Delays and extra work have extended the time to complete the contract New phasing, completion and milestone dates reflect all delays, extra work, weather days and time -related change orders signed or unsigned, submitted or not, experienced up to the date of acceptance endorsed below. COST OF CHANGE No cost CONTRACT TIME ADJUSTMENT Contract extended per above agreed upon changes This change order contains an agreed upon change in the schedule and sequencing in the performance of the work, an adjustment of incentives and liquidated damages to be applied hereafter, and a mutual waiver of time, sequencing and delay -related damages accrued to both Owner and Contractor to the date hereof. With regard to the waiver, this change order constitutes a release by both the Owner and the Contractor of any time, sequencing or delay -related claims of any kind or nature in existence to date, is entered knowingly and voluntarily with advice of counsel, and with knowledge of the provisions of California Civil Code Section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the • time of executing the release, which if known by him must have materially affected his settlement with the debtor." This change order is not effective unless approved by Hermosa Beach City Council and the contractor's surety. RECOMMENDED BY: DATE ACCEPTED BY: DATE .P. Engineer Contractor PW#8/chngord.doc HI'K-14-1'J'i f 15.41 K1LrIHKUb, WH I SUN LHF4G GLi bGb UOYd t -'. U4/04 Director of Public Works Contractors Surety Mayor, Hermosa Beach City Council PW#8/chngord.doc TOTAL P.04