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The City had signed an agreement with Gary and Rebecca Nash stating that all additional costs <br />beyond the City's $33,000.00 cap would be borne by the Nashs. However, the City Manager and <br />Hayter Engineering have agreed that this error should not be charged to the Nashs as this was <br />understood to be in the plans, but bid documents did not reflect it. The City Manager and Hayter <br />Engineering have agreed to split the cost. This would have been a construction expense the City <br />would have paid with Mr. Nash had it been correct in the bid, so the City Manager has no <br />concerns with splitting the cost with Hayter Engineering. <br />Before the City Council tonight are two agenda items: <br />1. Change Order 41 between the City and Bernal Commercial Construction in the amount of <br />$3,333.33. <br />2. Amendment #2 between the City and Gary and Rebecca Nash increasing the City's cap <br />contribution from $33,000.00 to $34,666.67, an increase of $1,666.67 which is one half <br />the Change Order 41. Hayter Engineering is submitting payment to the City for the other <br />one half portion of Change Order #1. There is no other amendment to the agreement <br />with the Nashs. <br />BUDGET: <br />The City's total contribution would increase by $1,666.67 from $33,000.00 to $34,666.67. <br />OPTIONS: <br />1. Accept the proposed Change Order #1 with Bernal Commercial Construction in the <br />amount of $3,333.33 as well as the Amendment #2 with Gary and Rebecca Nash to <br />increase the City's contribution cap to $34,666.67. <br />2. Accept one agreement but not the other. <br />3. Request additional information and/or edits to either item. <br />4. Reject both agreements. <br />RECOMMENDATION: <br />1. Accept the proposed Change Order #1 with Bernal Commercial Construction in the <br />amount of $3,333.33 as well as the Amendment #2 with Gary and Rebecca Nash to <br />increase the City's contribution cap to $34,666.67. <br />