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04-0217_BUTIER ENGINEERING INC_D6_Agenda Report 2/17/2004 AGENDA REPORT D 6 TO: Dave Adams, City Manager FROM: Amy Amirani, Public Works Director SUBJECT: Consideration of Amendments to Personal Services Agreements for the SC-04 Terminal Pipeline Project (Butler Engineering, Inc.)(Malcolm Pirnie, Inc.)(CIP #794) RECOMMENDATION: 1. By motion, A. Approve the Amendment to the Personal Services Agreement with Butier Engineering, Inc. for additional construction management services for a total of $186,606.08; and, B. Approve the Amendment to the Personal Services Agreement with Malcolm Pirnie, Inc. for additional engineering services for a total of $107,663; and, C. Authorize the Mayor to execute the Amendments. SITUATION: Additional Construction Management and Engineering Services The City of San Juan Capistrano awarded Personal Services Agreements to Butier Engineering, Inc. (Butler) and Malcolm Pirnie, Inc. (MPI) for construction management and engineering services for the SC-04 Terminal Pipeline Project. The project is part of the City's Domestic Water Master Plan and will enhance overall water service reliability as well as increase capacity on the southeast side of the City. The project includes approximately 28,000 lineal feet of pipeline, two pressure regulating stations, and modifications to existing system interconnections. Construction is complete, and the pipeline is operational. However, significant changes in the scope of work due to unforeseen site conditions extended the project from the original substantial completion date of February 12, 2003 to June 11, 2003. These changes are part of construction change orders previously approved by the City Council and include the following: FOR CITY COUNCIL AGENDA Agenda Report February 17, 2004 Page 2 1. Realignment of a significant portion of the pipeline in the Open Space to avoid conflicts with existing utility lines (Change Order 1, approved at City Council meeting on November 19, 2002) 2. Temporary relocation of an existing methane gas line in the Open Space to allow construction of the pipeline (Change Order 2, approved at City Council meeting on November 19, 2002) 3. Removal and replacement of approximately 6,500 feet of existing perimeter fencing in the Open Space (Change Order 3, approved at City Council meeting on January 7, 2003) 4. Removal of previously undetected boulders and miscellaneous debris from the tunneling operation underneath Ortega Highway (Change Order 5, ratified at City Council meeting on October 7, 2003) This extension resulted in the need for additional construction management services from Butier to ensure adequate inspection and contract administration coverage, as well as environmental monitoring coverage during the extended period of construction. It must be noted that the extended construction period resulted in work being performed during the annual gnatcatcher breeding season (February 15 to August 15). This entails a significant increase in the scope of environmental monitoring services to meet the project's environmental 4(d) Permit. The 4(d) Permit specifies that during the gnatcatcher breeding season any construction occurring adjacent to an occupied gnatcatcher habitat requires biological monitoring at all times when construction activity is occurring. It also requires periodic noise monitoring to ensure that construction noise is below acceptable thresholds. Due to these expanded monitoring requirements, the scope of the monitoring services increased significantly. Butier's original environmental monitoring budget included 40 days of coverage. The original budget did not consider the expanded monitoring activities required for construction during the gnatcatcher breeding season. The expanded monitoring requirements increased the total monitoring coverage to 105 days. Aside from additional construction management services, changes in the scope of work also resulted in the need for additional engineering services. These services included civil engineering design for the realignment of the pipeline in the Open Space and along La Pata Avenue, geotechnical and structural design for the tunneling operation associated with the realignment in the Open Space, miscellaneous design revisions for the modifications to the existing Flow Control Facility, and extended construction engineering support. Because these additional construction management and engineering services represent a significant cost impact to the project, staff has worked with Butier and MPI to review Agenda Report February 17, 2004 Page 3 and evaluate these additional services and determine a fair entitlement for the scope of work. The negotiated cost for the additional construction management services is $186,606.08, which is outlined in Attachment 1. The negotiated cost for the additional engineering services is $107,663 as outlined in Attachment 2. Staff finds these costs to be reasonable for the scope of work and recommends approval of the Amendments to Butier's and MPI's Personal Services Agreements. Overall Project Status The City Council has accepted the construction contract, and the escrow company has released the contractor's retention. Also, the required environmental restoration program is ongoing. The program is expected to be completed by January 2005. Finally, resolution of delay claims from the contractor is pending. Staff is continually working with both the contractor and Butier to resolve this issue. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: The Water Advisory Commission has reviewed this item at its January 27, 2004, meeting and has recommended approval. FINANCIAL CONSIDERATIONS: There are sufficient funds available in the Water Capital Improvement Fund under CIP# 794 to cover the recommended amendments with Butier and MPI. The total project budget, including all soft and hard costs as well as the recommended amendments with Butier and MPI, is approximately $6.41 Million. The adopted Domestic Water Master Plan includes a total of $6.46 Million for the SC-04 Terminal Pipeline improvements. The total project budget is, therefore, within the original Master Plan budget. However, it must be noted that the aforementioned delay claims may increase the total project budget if they are not resolved. Staff will keep the City Council as well as the Water Advisory Commission apprised of this issue. NOTIFICATION: Butier Engineering, Inc. Malcolm Pirnie, Inc. Agenda Report February 17, 2004 Page 4 ALTERNATE ACTIONS: 1. By motion, A. Approve the Amendment to the Personal Services Agreement with Butier Engineering, Inc. for additional construction management services for a total of $186,606.08; and, B. Approve the Amendment to the Personal Services Agreement with Malcolm Pirnie, Inc. for additional engineering services for a total of$107,663; and, C. Authorize the Mayor to execute the amendments. 2. Do not approve the Amendments to the Personal Services Agreements with Butier Engineering, Inc., and Malcolm Pirnie, Inc. 3. Request additional information from staff. RECOMMENDATION: 1. By motion, A. Approve the Amendment to the Personal Services Agreement with Butier Engineering, Inc. for additional construction management services for a total of $186,606.08; and, B. Approve the Amendment to the Personal Services Agreement with Malcolm Pirnie, Inc. for additional engineering services for a total of$107,663; and, C. Authorize the Mayor to execute the amendments. Respectfully submitted, Prepared by, ��.QNYLUTArri.: Amy Amirani ijjPterSSdo Public Works Director ngineer AA/PS:mp Attachments: 1. Amendment (Butler Engineering, Inc.) 2. Amendment (Malcolm Pirnie, Inc.) 3. Location Map AMENDMENT TO PERSONAL SERVICES AGREEMENT THIS AMENDMENT is made and entered into this _day of 2004 by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Butier Engineering Inc., (hereinafter referred to as "Consultant'). RECITALS: WHEREAS, the City and Consultant have entered into a Personal Services Agreement dated March 19, 2002, for services for the SC-04 Terminal Pipeline Project (CIP # 794); and, WHEREAS, the City and Consultant agree that additional services outlined in Exhibit "A", attached and incorporated herein by reference, are required for which extra compensation will become due. NOW, THEREFORE BE IT RESOLVED, the City and Consultant mutually agree as follows: Section 1. Additional Work The additional scope of work performed by Consultant shall consist of additional construction management services as set forth in Exhibit "A". Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Additional Compensation The City hereby agrees to pay the additional sum of One Hundred Eighty-Six Thousand Six Hundred Six Dollars and Eight Cents ($186,606.08) for a revised total contract price of $677,352.04 to Consultant for those services performed as set forth in Exhibit "A". Section 3. Relationship to Agreement Except as to Sections 1 and 2 herein, all other terms and conditions of the Agreement shall remain unchanged. ATTACHMENT 11 Section 4. Entire Agreement This entire Agreement between the City and Consultant with respect to those extra services described herein, and any other understandings, oral or in writing, are hereby superseded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Joe Soto, Mayor CONSULTANT By: Butier Engineering I c. ATTEST: Margaret R. Monahan, Clerk of the Board APPROVED AS TO FORM: 4A--- John R. Shaw, City Attr 2 P\pwshared\agenda\021119\SC04 Amendl Butier.doc Gepletrano Valley Water alotrlct - .___—_____.— SC-04 South Connectors I and 11 P"Ine Butler 6nphxHwblp,Inc. C�eOrder Regwst _ ___ loftnW Budget _-bW - _ _- R. $ 120.00 ConeruOldn Progw~ng1 S N_WD_00 PMW cw*ar A Inspoodw and T.,ft -.. S -56,B3r7.W T*sWV&WgN Ge0twh f lif,_280_OD RPI&Clwrgss E 50_747.©0 Survey ___S__2_SO.W- MNDCowaW.jDevdEvacAm) _ ._5 M_OW.W MND CswPIWn (9WCA) _.._ S__Y3.90 w MND C4neko w(BMTWre) _ i°fPleal clowow ..A BO0®.00 S 26.100.00 Hoe,Tew 0 0 _ 449746.56 !st O"Wm -- M>� June_ July Juw j1Ask0u0er 97. Han Hsws —'— IDtWkDHees uewl S 6.90.0 4 S S,OM #Msk BeiBsr Jr $ 7,691.00 " $ 7,61E _ IC+M7 Sbdt $ 19,320.9 149 $ 19,38f IPIWOEn~ $ 3.460.00 30 S 3.46( IDwes Heuser $ 1,049.00 18 fODCs S 1.200.00 $ I'm ISu►CweulMb 9 11,617.92S 19,697 1 1 $ 601057%! $ 561061 iAelMd tl9rle Mem June Jety Juw teW IIvuO Budleetl Iiaaa B1lrre MS JDUSW --•-_— Haus Hous IMMk 13u5e st. $0.00 0 $0.00 0 $73 0 22 D 22 W) Mask Aulrnl S0eD.9 1 $4,449.0 39 i4.69 SO 7.021 400 (8209) IMM SUN.Jr. $706.00 0 $0.00 0 $ I GMYSlnk $0.00 0 $4,691.00 47 $7.Ni 70 o 78 (M.0 101 2160 10 ((14M)) IFf510 EP1ks5r $0.00 0 $1,07030 11 fi 0 74 0 (14.00) ' jDd Hwsv $7,482.60 22.6 53,217.90 49.6 sz, 0 271 100 (121.00) 1 subbow $2.PIZSO $13,3W..E0 S1ASn— -- saw Sell ..7140 —__- (M.80), �tc'm na 9Mvwvv Cap $11,19SAD 182 iciWnkee $1z6S MWe TSMW i!W"9 Mows jANM IDkemiCwb $1,200.00 _ $1,7W.00 $r1?� M117.50 6M,77031 S21:sr-30 So IlrreleeW e7dgW _ i MW Jua Joy IreuBv �--`$ 2977.60 $ 73.888.60 E 15'w— � TOW GX�Y- 0ud6 -_ ~B-6dpoi et___ $ 14,49aW S 377.14.49 $ 200,349.0 ro]04.407i INkyo9M° $ S 0J73QW S 32,40.15 $ 49,747.9 1s"O.W IC8c 5 11,193.49 S s20 $ New $ 17,270.0'$ 2DMO.W 2,72D31 CMsrMa S 72,589 $ 33.,M1.M S 249,$7611 $ 115,909.W (112.97610): TtiNd i 5,49},00!ijAKM (6.392.90)} $ 23M.W; (2,6W.W)i Dkest CoWs S 1.2M.0 $ 1,200.0 $ 1,20 1 $ 12,OW.W IS 14,00.00 21030.9' TSM S 4,11731 S 25,779M $ 29,978 S 6434736 $ 9,7".11 1,7111.01 --------- --- -- ---— ; 677352.04 $ 45,745:50 (;186,606.00) � }i BIT-"A` AMENDMENT TO PERSONAL SERVICES AGREEMENT THIS AMENDMENT is made and entered into this _day of 2004 by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Malcom Pirnie, Inc. (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, the City and Consultant have entered into a Personal Services Agreement dated February 15, 2000, for services for the SC-04 Terminal Pipeline Project (CIP #794); and, WHEREAS, the City and Consultant agree that additional services outlined in Exhibit "A", attached and incorporated herein by reference, are required for which extra compensation will become due. NOW, THEREFORE BE IT RESOLVED, the City and Consultant mutually agree as follows: Section 1. Additional Work The additional scope of work performed by Consultant shall consist of additional engineering services as set forth in Exhibit "A". Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Additional Compensation The City hereby agrees to pay the additional sum of One Hundred Seven Thousand Six Hundred Sixty-Three Dollars ($107,663) for a revised total contract price of$444,617 to Consultant for those services performed as set forth in Exhibit "A". Section 3. Relationship to Agreement Except as to Sections 1 and 2 herein, all other terms and conditions of the Agreement shall remain unchanged. ATTACHMENT Section 4. Entire Agreement This entire Agreement between the City and Consultant with respect to those extra services described herein, and any other understandings, oral or in writing, are hereby superseded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Joe Soto, Mayor CONSULTANT By: Malcolm PinW,, Inc. ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: John R. Shaw, Ci y Attorney 2 ADDITIONAL ENGINEERING SERVICES SC-04 TERMINAL PIPELINE PROJECT Malcom Pirnie -Engineering Services Contract I I Contract No. Change Description Amount Balance Original Balance $ 336,954.00 1 Redesign of Flow control facility $16,000.00 $ 352,954.00 2 Extended construction engineering support $44,944.00 $ 397,898.00 Reprofile for La Pats due to conflict with existing 3 utilities $9,092.00 $ 406,990.00 4 Geotechnical Investigations for re-alignment $21,402.00 $ 428,392.00 5 Plan and profile for re-alignment $8,034.00 $ 436,426.00 Meet with contractor and prepare report on 6 tunneling methodogy (in lieu of specs) $1,926.00 $ 438,352.00 Review contractor submittals, prepare calcs to verify casing size, process cal osha permit for 7 tunnel 1 $5,185.00 $ 443,537.00 8 Calcs for tunnel backfill -grout $1,080.00 $ 444,617.00 Totals $ 107,663.00 (Total Potential and Approved $ 107,663.00 {�HI051r`A� ate. i - tire; •,. 1 ,n all,