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HomeMy WebLinkAbout1983-06-21; City Council; 7158-3; Twenty-Third Supplement to Basic Agreement Encina Water Pollution Control FacilitiesCI rvTVOF CARLSBAD — AGEND rv W&ILL AR# 7158-3 MTG. 6-21-83 DEPT. UTL TITLE: / TWENTY-THIRD SUPPLEMENT TO BASIC AGREEMENT ENCINA WATER POLLUTION CONTROL FACILITIES /TZP —DFPT HD. yj& P.ITY ATTYV^) CITY MGR. 2*"/ Oul SC£a. S! O OO RECOMMENDED ACTION: Approve Resolution No. I . g??authorizing the Mayor to execute the 23rd Supplement to the Basic Agreement for the Encina Water Pollution Control Facilities. 'ITEM EXPLANATION; Construction management for the Phase III and IIIA project at Encina have been provided by Lowry and Associates. This request is a modification to the original agreement and is necessitated by some delays that have occurred during the 2^ year construction period and, because of additional work, that has been added to the original project. The Lowry request increases the cost ceiling from $2,304,127 to $2,452,696 or an increase of $148,569. FISCAL IMPACT; The $148,569 increase is considered to be grant eligible, therefore, $18,571 will be paid by the JAC members. Carlsbad's share of that will be approximately $4,792. These funds will be provided from the contingency reserve of the construction fund which have been authorized, therefore, no additional funds will be required. EXHIBITS; 1. Resolution No. 2. 23rd Supplement to Basic Agreement and supporting documentation - on file in City Clerk's office. c RESOLUTION NO. 7246 A RESOLUTION OF CITY OF CARLSBAD AUTHORIZING THE VISTA SANITATION DISTRICT, AS ADMINISTRATOR OF THE ENCINA JOINT POWERS FOR PHASE III UPGRADING AND ENLARGEMENT OF THE EWPCF, TO EXECUTE AMENDMENTS TO THE MASTER AGREEMENT WITH LOWRY AND ASSOCIATES FOR CONSTRUCTION MANAGEMENT SERVICES BE IT RESOLVED BY THE CITY OF CARLSBAD AS FOLLOWS: 1. That the CITY OF CARLSBAD hereby approves and agrees to the Twenty-Third Supplement to the Basic Agreement to authorize the Vista Sanitation District, as Administrator of the Encina Joint Powers for Phase III Upgrading and Enlargement of the Encina Water Pollution Control Facility (EWPCF), to amend its Master Agreement with Lowry and Associates providing for con- struction management services, a copy of said Supplement is attached hereto and incorporated herein by reference. 2. That the Mayor of'said city be, and is hereby, author- ized and directed to execute the Twenty-Third Supplement to the Basic Agreement on behalf of the CITY OF CARLSBAD. PASSED, APPROVED, AND ADOPTED by the CITY OF CARLSBAD at a regular meeting held on the 21st day of June, 1983, by the following vote, to wit: 5 Ayes Q Noes Q Absent MARY H//CASLER, Mayor ATTEST: ^ ^ALETHA L. RAUmiKRANZ, City Clerk TWENTY-THIRD SUPPLEMENT TO BASIC AGREEMENT OF ENCINA JOINT POWERS AUTHORIZING VISTA SANITATION DISTRICT TO AMEND ITS CONTRACT WITH LOWRY & ASSOCIATES AS CONSTRUCTION MANAGER OF PHASE III UPGRADING AND ENLARGE- MENT OF ENCINA WATER POLLUTION CONTROL FACILITY This Twenty-Third Supplement is made and entered into this day of June, 1983, by and among: VISTA SANITATION DISTRICT (Vista), a County Sanitation District; BUENA SANITATION DISTRICT (Buena), a County Sanitation.District; SAN MARCOS COUNTY WATER DISTRICT (San Marcos), a County Water District; CITY OF CARLSBAD (Carlsbad), a General Law City; LEUCADIA COUNTY WATER DISTRICT (Leucadia), a County Water District; and ENCINITAS SANITARY DISTRICT (Encinitas), a Sanitary District. Recitals ;-" A. The parties hereto named above own and operate a joint sewer system commonly known as the ENCINA WATER POLLUTION CONTROL FACILITY, hereafter referred to as EWPCF. B. The parties hereto own and operate the aforesaid facilities pursuant to a joint powers agreement dated July 13, 1961, referred to herei.:; as the Basic Agreement, which Agreement has :>een supplemented and amended. C. By virtue of the Seventh Supplement to the Basic Agree- ment, VISTA is the Administrator for Phase III Upgrading and Enlargement on behalf of the Encina Joint Powers, constituted by the parties hereto. D. The Seventh^Supplement to the Basic Agreement authorized i.i >gradin^, and enlargement; of Unit: I, known as Phase III, whereby o the capacity therein would be increased from 13.75 MGD to 18.0 MGD, and the Nineteenth Supplement to said Agreement authorized a further enlargement of Unit I, known as Phase IIIA, whereby the capacity would be increased from 18.0 MGD to 22.5 MGD. All of said enlargement and upgrading is currently in progress. E.. The Ninth Supplement to the Basic Agreement authorized Vista to enter into a contract with Lowry and Associates wherein and whereby the latter agreed to perform construction management services for Phase III Upgrading and Enlargement. F. The Fourteenth Supplement to Basic Agreement authorized Vista to amend its Master Agreement with Lowry and Associates to provide for critical path services and to increase the estimated cost ceiling set forth in the said Master Agreement. G. By virtue of the Secpnd and Third amendments to said Master Agreement, the estimated cost ceiling for the services of Lowry and Associates, including critical path services, is presently established as $2,304,127.00. H. Contract 10/11 of Phase III Upgrading and Enlargement has been amended by change order to provide for the installation of a blending by-pass line to be utilized in the event a waiver of secondary treatment is granted by the EPA to the EWPCF. Installation of said by-pass line is presently in progress. I. B'y reason of che said amendment to Contract 10/11, the time for completion of. said contract has been extended, and such extension requires the services of Lowry and Associates for a V period of time ' longer th.in contemplated by the Encina Joint Powers and Lowry and Associates at execution -of the Master Agreement with !.c..;ry and •', . >oc i .ttes on February 7, 1979. -2- j. The Encina Joint Powers, by and through the manager of the EWPCF, has negotiated a new estimated cost ceiling with Lowry and Associates for the latter's additional services, which increases the cost ceiling from $2,304,127.00 to $2,452,696.00, or an increase of $148,569.00. K. By reason of the aforesaid increase and a provision in the said Master Agreement with Lowry and Associates requiring approval of such increase by all members of the Encina Joint Powers, it is necessary to amend the Master Agreement with Lowry and Associates and to authorize Amendment No. 9 to Task Order No. 2 for Construction Management Services, copies of which are attached hereto marked Exhibits "A" and "B", respectively, and incorporated herein by reference. - .. . L. The said proposed amendments are in accordance with Title 40 of the Code of Federal Regulations, Part 35, as pub- lished in the Federal Register of December 17, 1975. M. The proposed amendments will be submitted'to the EPA for approval before Vista shall execute same. N. At a regular meeting on May 25, 1983, of the Joint Advisory Committee to the Encina Joint Powers, said proposed amendments were unanimously approved. 0. This Twenty-Third Supplement to the Basic Agreement is made pursuant to the provisions of Article I, Chapter 5, Division 7, Title I of the Government Code of the State of California (commencing with Section 6500) relating to the joint exercise of powers common to all public agencies, each of which is authorized to contracL with Che others pursuant thereto. P. It is for the best interests of all the Encina Joint Powers that Vista be authorized to execute the said amendments attached hereto marked Exhibits "A" and "B." NOW, THEREFORE, the parties hereto agree as follows: 1. That upon the approval by the EPA of the amendments attached hereto, the Board of Directors of Vista be, and is hereby, authorized to execute same as the Administrator of Phase III Upgrading and Enlargement. 2. The parties hereto agree that the costs required for the additional services of Lowry and Associates as provided for in Amendment No. 4 to the Master Agreement with said firm and by reason of Amendment No. 9 to Task Order "No. 2, which' are in 'excess of the grant to be received by the parties £rom the EPA for Phase III Upgrading and Enlargement shall be shared in the same proportions as provided in Section 4 of the Seventh Supple- ment to the Basic Agreement. . • 3. This Agreement may be executed in counterparts, and upon execution thereof by all of the parties set forth on page 1 hereof, each counterpart shall be deemed an original execution of this Agreement. IN WITNESS WHEREOF, each party hereto has caused this Twenty- Third Supplement to the Basic Agreement to be signed by its respective officials heretofore duly authorized by the legisla- tive bodies thereof. Approved by Resolution VISTA SANITATION DISTRICT, A _ • No. on : tJhairman -A- Approved by Resolution No- 7246 on June 21, 1983 Approved by Board Order No. on • CITY OF CARLSBAD, By: /Mayor BUENA SANITATION DISTRICT, By: _ _____ _ Approved by Resolution No. on ENCINITAS SANITARY DISTRICT, By: ' President Bv: Secretary Approved by Resolution No. on LEUCADIA COUNTY WATER DISTRICT By: President By: Secretary Approved by Resolution No. on SAN MARCOS COUNTY WATER DISTRICT, By: • President By: Secretary AMENDMENT NO. k TO THE AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES BETWEEN VISTA SANITATION DISTRICT AND LOWRY AND ASSOCIATES/CONSTRUCTION CONTROL SERVICES FOR PHASE III ENLARGEMENT AND UPGRADING FOR THE ENCINA WATER POLLUTION CONTROL FACILITY I. REFERENCE Agreement for Construction Management Services between Vista Sanitation District and Lowry & Associates/Construction Control Services for Phase III Enlargement and Upgrading of the Encina Water Pollution Control Faci1ity executed February 7, 1979, Amendment No. 1 executed February 13, 1980,Amendment No. 2 execu- ted November 20, 1980 and Amendment No. 3 executed July 27, 1981. I I. REASON FOR AMENDMENT Whereas the Owner and Construction Manager recognize that certain sig- nificant changes in: (1) Construction Manager's services as originally planned; (2) time factors affecting the scheduled activities and (3) contractor's per- formance, has resulted in a "change of scope of work" from that mutually contem- plated at the time of negotiations of the Master Agreement, Whereas Amendment No. 1 to the Master Agreement provides for scope changes within the Task Order procedure and for the change of the originally negotiated fixed fee and cost ceiling to "Budget" amounts which can not be ex- ceeded except by formal amendment to the Master Agreement, Whereas all changes in the scope of work authorized by amendment to the Master Agreement, or by Task Orders, or their amendments, has not revised the "Budget" amounts in the Master Agreement as originally negotiated. jii n* i T* /"ishIBIT A Whereas the next Task Order authorization, Amendment No. 9 to Task Order No. 2, will cause the budget amount of $2,30^,127 to be exceeded, Whereas, the Owner and Construction Manager have negotiated a mutually acceptable revised scope of work to establish a revised fixed fee and cost ceiling budget amount, Now, therefore, the referenced documents shall be amended. AMENDMENT Exhibit A of the Master Agreement is hereby amended as follows: Section I. GENERAL Replace the first sentence of the Paragraph with the words, "The services to be rendered by the Construction Manager shall include those services as generally required to facilitate the timely construction of the Encina Sewage Treatment Plant Phase III upgrading and Expansion Project as described in the Contract Documents for Contracts Nos. 1, 2, 3/A, 5, 6, 7, 8, 9 and 10/11 prepared by the firm of Brown and Caldwell." Exhibit B of the Master Agreement is hereby amended as follows: Section D. COMPENSATION SCHEDULE: Replace the entire section with the words, "For Construction Management services authorized under this agreement, compensation shall be in accordance with the Task Order Authorization, the applicable portions of this agreement and the following schedule: Basis of Compensation: Estimated Cost Ceiling, per attached Exhibit A, Inclusive of All Subcontracts and Fixed Professional Fee: Fixed Professional Fee: Portion of Fixed Professional Fee Payable Monthly: Cost of Reimbursement $2,452,696 $ 344,863 An Amount Equal to 15% of the Billing, but in No Event to Exceed the Fixed Professional Fee Stated Above Unless there is an agreed upon increase in the scope of work from that outlined in Exhibit "A", paragraph A, Construction Manager agrees that the maximum cost ceiling allowed shall be $2,452,696 including a maximum ceiling for the fixed fee of $344,863. The aforesaid estimated cost ceiling and fixed fee ceiling shall not be increased without an amendment to this agreement that has been approved by all the member agencies of the Encina Joint Powers." IV. EFFECTIVE DATE OF THIS AUTHORIZATION This amendment is effective on and from the day, month and year it is signed by an authorized signatory of the Vista Sanitation District. CONSTRUCTION MANAGER LOWRY & ASSOCIATES By: ' Date: CONSTRUCTION CONTROL SERVICES By: Date: OWNER: VISTA SANITATION DISTRICT By: Date: V ENCINA PHASE III PROJECT JUSTIFICATION STATEMENTS FOR AN INCREASE TO THE NEGOTIATED FIXED FEES AND COST CEILING BUDGET AMOUNTS FOR CONSTRUCTION MANAGEMENT SERVICES RENEGOTIATION OF ORIGINAL CONTRACT On February 13, 1980, Amendment No. 1 to the Master Agreement was executed as a result of renegotiations of the Original Agreement (referred to*as the Master Agreement). The originally negotiated fixed fee and cost ceiling were converted to "Budget" amounts and the authorization of planned services in the Master Agreement was changed to a Task Order procedure whereby each Construction Management Service Proposal would be for a six month duration using the most current projection of scope of work and pricing data. The Master Agreement as amended by Amendment No. 1 provides for scope changes within the Task Order procedure. All costs and fees for the original pro- posal and for scope changes not envisioned in the original overall cost negotiations are to be included in the Task Orders and their amendments. PREVIOUS MASTER AGREEMENT AMENDMENTS TO SCOPE'OF WORK DID NOT"INCLUDE A CHANGE OF CEILING FOR FIXED FEE AND COSTS When Amendment No. 1 to the Master Agreement was executed, significant scope changes in the Construction Management Services had taken place. However, it was the desire of the owner to amend the fixed fee and cost ceiling "Budget" amounts at a later time. Amendment No. 2 to the Master Agreement dated November 20, 1980 changed the scope of work by adding the CPM Schedul- ing/Cost Control Services to the Construction Management Services. Again, the fixed fee and cost ceiling "Budget" amounts were to be changed by a subsequent amendment to the Master Agreement. For purposes of a more accurate projection of costs and fixed fee, it was agreed by Owner and Construction Manager that the timing for the revised "Budget" amount amendment would be executed just prior to exceeding the Original Budget amounts by Task Order Authorization. SUMMARY OF CHANGES IN SCOPE OF WORK NOT ENVISIONED IN THE ORIGINAL NEGOTIATIONS I . I I II. -. , . I IB O Changes in Plans and Specifications Originally planned services were based on Brown and Caldwell's plant and facilities described in the Ten Percent Design Report. Actual Services were based on plant and facilities as described in Brown and Caldwell's Contract Documents for Contracts 1, 2, 3/4, 5, 6, 7, 8, 9 and 10/11. The significant differences between the Ten Per Cent Report and the final contract documents are the additional grading, offsite utilities location, and sewer relocation required by the extension of Avenida Encinas per the City of Carlsbad use permit. This road extension re- quired fifteen to twenty feet of fill over an existing high pressure gas main, two trunk telephone cables and three sewer mains. In addition, the road extension affected adjacent properties including the AT&SF Railway Company requiring negotiations and follow up on construction easements, permits and various other agreements. Addition of CPM Services Schedule/Cost Control Services using Critical Path Method (CPM) tech- niques were added to the Construction Manager's scope of work. See Amendment No. 2 to the Master Agreement. Delay in Scheduled Activities for Contract 10/11 A delay in the scheduled activities for Contract 10/11 results in a longer project because Contract 10/11 is the last construction contract in the phased construction schedule to finish. There were two signifi- cant delays in Contract 10/11's scheduled activities. A delay of approximately four months in starting the design of Contract 10/11 because several untimely and unavoidable events occurred, has been addressed in separate reports in November 1979 to the Owner by the Construction Manager and the Design Engineer in response to the Owner's questions on schedule delays. The most significant of the events con- tributing to a delayed start in Contract 10/11 was the resignation of Mr. Les Evans as General Manager in February of 1979. His replacement did not start until July 1979. Another contributing factor was the necessity to complete a report by the Design Engineer on the change from bio-filters to activated sludge for the secondary treatment process and the subsequent approvals by the Owner and the State. A six month de^ay in the advertizing for bids on Contract 10/11 occurred when President Carter, on March 20, 1980, froze the EPS funds for Grants to wastewater projects. Funds were not released until mid September 1981. Time delays in Contract 10/11 increases the Construction Manager's scope of work because of the resulting longer residence time on the project. Extraordinary Conflicting Details in Contract 8 Plans and Specifications Brown and Caldwell subcontracted the design of the operations building to a minority architectural firm. The coordination of the detailed drawings during design was lacking in many respects. This required extraordinary time and in the-coordination and finding timely solutions to conflicting details. Time spent on solving problems took time away from expediting the activities of Contract 10/11 which is the key contract for overall progress. Contractors Performance and Claims Oriented Approach to their Contract E. V. Harris Co., contractor for the operations building is taking a .claims oriented approach to his contract. While the contractor has been entitled to extras due to the conflicting details in the plans and specifications, he has gone beyond what is fair and reasonable in his requests which has required additional documentation and numerous long meetings to prevent an adversary relationship and potential litigation. The Brinderson Corporation, contractor for Contract 10/11, has had a late start in their construction activities. The contractor had a construction contracts backlog of 60 million at the time they bid the Encina Work. By the time they were awarded the contract, their backlog "increased to 120 million. Field personnel to be assigned to Contract 10/11 were diverted to other projects. Brinderson hired new personnel for the Encina project. The contractor's problems in personnel orienta- tion, coordination and shifting of assignments has caused an estimated two months delay in the start of construction. Since the delay in Contract 10/11 increases the overall project time the Construction Management Team is on the job longer which represents an increase in the Construction Manager's scope of work. Brinderson's field superintendent, a new employee, has demonstrated in his communication skills and style, a need for us to tape record and transcribe weekly progress meetings. This effort requires a full time secretary which is not a usual practice but necessary and, therefore, an increase in the originally anticipated scope of work. COST INCREASES DUE TO INFLATION Inflation in the economy since January 1979 has increased actual salaries of personnel over what was anticipated. The salary increases are now accounted for in the Task Order procedure but were not fully appreciated in the original negotiations in January 1979. EXHIBIT A to AMENDMENT 4 to the MASTER AGREEMENT ENCINA PHASE III PROJECT ESTIMATED TOTAL COST OF CONSTRUCTION MANAGEMENT SERVICES Projected Costs to Finish 1983 Through April (actual) $2,029,409 2 Months (May & June) @ 43,000/mo . 86,000 Last 6 Months(July through December) 240,681 1984 2 Months (January & February) 96,606 TOTAL ESTIMATED COST: $2,452,696 ENCINA JOINT POWERS VISTA SANITATION DISTRICT, LEAD AGENCY MONTHLY PROJECTION OF DIRECT LABOR COSTS: KEY RATE PIC $44.00 CM $32.13 DCM $22.40 (F) RE $23.35 (F) FE (M) $17.35 FI-1 $18.74 FI-2 $16.82 3/4 (F) SEC/CLK $ 9.44 LABOR : LOWRY FIELD PERSONNEL: PLUS 105% INDIRECT: ESTIMATED COSTS DURING MANHOURS (MH) 4 16 64 168 168 168 168 168 $14,398 15,118 SEPTEMBER 1983 TOTAL COSTS $ 176 514 1434 3923 2915 3148 2826 1586 $29,516 LOWRY IN-HOUSE PERSONNEL: $2,124 PLUS 128% INDIRECT:2,719 SUB-TOTAL OTHER DIRECT COSTS AND SUBCONTRACTS: 4,843 $34,359 9,291 TOTAL:$43,650 /•**"• AMENDMENT NO. 9 TASK ORDER NO. 2 FOR CONSTRUCTION MANAGEMENT SERVICES I. REFERENCE Agreement for Construction Management Services between Vista Sanitation District and Lowry & Associates/Construction Control Services for Phase III Enlargement and Upgrading of the Encina Water Pollution Control Facility, executed February 1, 1979 herein referred to as "Master Agreement," Amendments No. 1, No. 2 and No. 3 to the Master Agreement executed February 13, 1980, November 20, 1980, and June 30, 1981 respectively, Task Order Authorization No. 2, Amendment No. 1 to Task Order No. 2, Amendment No. 2 to Task Order No. 2, Amendment No. 3 to Task Order No. 2, Amendment No. 4 to Task Order No. 2, Amendment No. 5 to Task Order No. 2, Amendment No. 6 to Task Order No. 2, Amendment No. 7 to Task Order No. 2, and Amendment No. 8 to Task Order No. 2, executed January 29, 1980, November 20, 1980, December 18, 1980, May 18, 1981, July 28, 1981, December 31, 1981, July 25, 1982, December 28, 1982, and May , 1983 respectively. II. REASON FOR AMENDMENT Whereas the Master Agreement provides for the authorization of Construction Management Services for increments of work for periods of approximately six months at a time, by Task Order or Amendments AMENDMENT NO. 9, TASK ORDER NO. 2 FOR CONSTRUCTION MANAGEMENT SERVICES thereto, as a portion of the scope of work in the Master Agreement and, Whereas previous partial authorizations will be completed by agreed time on completion on June 30, 1983 or by expended authoriza- tion funds on or about said date and, Whereas, the Owner and Construction Manager have negotiated the scope of work and the required level of effort for the period July 1, 1983 through December 31, 1983. Now, therefore, the referenced documents shall be amended. III. AMENDMENT Section II. SCOPE OF SERVICES is hereby amended as follows: Add, at the end of Attachment "D8" listing, the words, "Construction Management Services for this Task Order as hereby amended is a portion of the services in Paragraph I, SCOPE OF CONSTRUCTION MANAGEMENT SERVICES, of the Master Agreement and as described in the attachments of this amendment. The specific tasks authorized by this amendment are shown in Exhibit 1 of the Attachments summarized as follows: Step 3 Construction Management Services for Encina/Vista, Project No. C-06-1016- Grant No. Attachment "D9" Contract No. 10/11 250 AMENDMENT NO. 9, TASK ORDER NO. 2 FOR CONSTRUCTION MANAGEMENT SERVICES Section III. TIME OF (XMMENCEMENT AND COMPLETION is hereby amended as follows: Replace the last sentence of the last paragraph with the words "Services described in Exhibit 1 of Attachment A2, B2, C2, D2, E2, F2, G2, H2, 12, and the EPA 5700-41 forms of Attachments A3, B3, C3, D3, E3, F3, G3, H3, 13, and A4, B4, C4, D4, E4, F4, G4, H4, 14 and B5, C5, D5, F5, G5, H5, 15 and B6, C6, D6, F6, G6, H6, 16, and B7, C7, D7, F7, G7, H7, 17 and D8 and D9, of this Amendment shall commerce on July 1, 1983 and shall be completed on December 31, 1983." Section IV. METHOD OF COMPENSATION is hereby amended as follows: Replace the entire section with the words, "In accordance with Paragraph III, COMPENSATION, of the Master Agreement, the payment for services described in Exhibit 1 of Attachments Al, Bl, Cl, Dl, El, Fl, Gl, HI, II, Attachments A2, B2, C2, D2, E2, F2, G2, H2, 12, Attachments A3, B3, C3, D3, E3, F3, G3, H3, 13, Attachments A4, B4, C4, D4, E4, F4, G4, H4, 14, Attachments B5, C5, D5, E5, F5, G5, H5, 15, Attachments B6, C6, D6, F6, G6, H6, 16, Attachments B7, C7, D7, F7, G7, H7, 17, and Attachment D8, and Attachment D9 shall be set forth in Exhibit B of the Master Agreement. Compensation for Services described in said AMENDMENT NO. 9, TASK ORDER NO. 2 FOR CONSTRUCTION MANAGEMENT SERVICES attachments, is, in part, a portion of the compensation described in Paragraph C, COMPENSATION SCHEDULE OF EXHIBIT "B" of the Master Agreement for work originally anticipated and as amended by reference documents and this amendment. For services authorized in said documents and as described in said attachments the compensation shall be in accordance with the applicable portions of the Master Agreement and the following schedule: AMENDMENT NO. 9, TASK ORDER NO. 2 FOR CONSTRUCTION MANAGEMENT SERVICES Amendment No. 1 to Task Order No. 2 Authorization For Services described in Attachments Al, Blf Cl, Dl, El, Fl, Gl, HI, and II: Basis of Compensation Cost of Reimbursement Estimated Cost Ceiling, Inclusive of All Subcontracts and Fixed Professional Fee: $384,932 Fixed Professional Fee: 50,207 Portion of Fixed Professional Fee Payable Monthly: An Amount Equal to 15% of the Billing, but in No Event to Exceed the Fixed Professional Fee Stated Above. Amendment No. 2 and No. 3 to Task Order No. 2 Authorization For Services described in Attachments A2, B2, C2, D2, E2, F2, G2, H2, 12, EXHIBIT A and Attachments A3, B3, C3, D3, E3, F3, G3, H3, and 13: Basis of Compensation Cost of Reimbursement Estimated Cost Ceiling, Inclusive of All Subcontracts and Fixed Professional Fee: $427,096 Fixed Professional Fee: 55,667 Portion of Fixed Professional Fee Payable Monthly: An Amount Equal to 15% of the Billing, but in No Event to Exceed the Fixed Professional Fee Stated Above. AMENDMENT NO. 9, TASK ORDER NO. 2 FOR CONSTRUCTION MANAGEMENT SERVICES Amendment No. 4 to Task Order No. 2 Authorization For Services described in Attachments A4, B4, C4, D4, E4, F4f G4, H4, and II: Basis of Compensation Cost of Reimbursement Estimated Cost Ceiling, Inclusive of All Subcontracts and Fixed Professional Fee: $422,445 Fixed Professional Fee: 54,490 Portion of Fixed Professional Fee Payable Monthly: An Amount Equal to 15% of the Billing, but in No Event to Exceed the Fixed Professional Pee Stated Above. Amendment No. 5 to Task Order No. 2 Authorization For Services described in Attachments B5, C5, D5, F5, G5, H5, and 15: Basis of Compensation Cost of Reimbursement Estimated Cost Ceiling, Inclusive of All Subcontracts and Fixed Professional Fee: $355,014 Fixed Professional Fee: 46,306 Portion of Fixed Professional Fee Payable Monthly: An Amount Equal to 15% of the Billing, but in No Event to Exceed the Fixed Professional Fee Stated Above. X*- AMENDMENT NO. 9, TASK ORDER NO. 2 FOR CONSTRUCTION MANAGEMENT SERVICES Amendment No. 6 to Task Order No. 2 Authorization For Services described in Attachments B6, C6, D6, F6, G6, H6, and 16: Basis of Compensation Cost of Reimbursement Estimated Cost Ceiling, Inclusive of All Subcontracts and Fixed Professional Fee: $393,381 Fixed Professional Fee: 51,311 Portion of Fixed Professional Fee Payable Monthly: An Amount Equal to 15% of the Billing, but in No Event to Exceed the Fixed Professional Fee Stated Above. Amendment No. 8 to Task Order No. 2 Authorization (Superseded Amendment No. 7) For Services described in Attachment D8: Basis of Compensation Cost of Reimbursement Estimated Cost Ceiling, Inclusive of All Subcontracts and Fixed Professional Fee: $314,313 Fixed Professional Fee: 40,998 Portion of Fixed Professional Fee Payable Monthly: An Amount Equal to 15% of the Billing, but in No Event to Exceed the Fixed Professional Fee Stated Above. •—> AMENDMENT NO. 9, TASK ORDER NO. 2 FOR CONSTRUCTION MANAGEMENT SERVICES Amendment No. 9 to Task Order No. 2 Authorization For Services described in Attachment D9: Basis of Compensation Cost of Reimbursement Estijnated Cost Ceiling, Inclusive of All Subcontracts and Fixed Professional Fee: $240,681 Fixed Professional Fee: 31,393 Portion of Fixed Professional Fee Payable Monthly: An Amount Equal to 15% of the Billing, but in No Event to Exceed the Fixed Professional Fee Stated Above. Accumulative Authorization for Amendment No. 1 to Task Order NO. 2 Through Amendment No. 9 to Task Order No. 2 Accumulated authorization for Task Order No. 2 are summarized as follows: Basis of Compensation Cost of Reimbursement Estimated Cost Ceiling, Inclusive of All Subcontracts and Fixed Professional Fee: $2,356,090 Fixed Professional Fee: 330,372 Portion of Fixed Professional Fee Payable Monthly: An Amount Equal to 15% of the Billing, but in No Event to Exceed the Fixed Professional Fee Stated Above. AMENDMENT NO. 9, TASK ORDER NO. 2 FOR CONSTRUCTION MANAGEMENT SERVICES Maximum dollar amount authorizations for each grant are listed in Exhibit A corresponding to the Construction Manager's EPA 5700-41 forms in Attachment D9. Unless there is and agreed upon increase in Scope of Work from that outlined in the referenced documents and this amendment, Construction Manager agrees that the maximum cost ceiling for accumulated authori- zation for Task Order No. 2 as amended shall be $2,356,090. Section V. PERSONNEL AND FACILITIES TO ACCOMPLISH SERVICES is hereby amended as follows: In two places after" D8", insert " and Attachment D9..." AMENDMENT NO. 9, TASK ORDER NO. 2 FOR CONSTRUCTION MANAGEMENT SERVICES IV. EFFECTIVE DATE OF THIS AUTHORIZATION This amendment is effective an and from the day, month and year it is signed by an authorized signatory of the Vista Sanitation District. CONSTRUCTION MANAGER DOWRY & ASSOCIATES By: Sr. Vice President Date: CONSTRUCTION CONTROL SERVICES By: LENNON E. HARRIS, Vice President Date: OWNER VISTA SANITATION DISTRICT By: Date: '"*"% SUMMARY OF CONSTRUCTION MANAGEMENT SERVICES COSTS FOR AMENDMENT NO. 9 TO TASK ORDER NO. 2 ON GRANT NO. C-06-1016- ATTACHMENT DESIGNATION LOWRY JOB NO. 088-80- ENCINA CONTRACT NO. SWRCB PROJECT NO. 5700-41 FORM TOTALS D8 22 10/11 250 $ 240,681 TOTAL COST OF THE ABOVE PROJECT BEFORE FEES: $ 209,288 FIXED PROFESSIONAL FEE: 31,393 $ 240,681 COVER SHEET FOR ATTACHMENT D8 ATTACHMENT "D9" to AMENDMENT NO. 9 TASK ORDER NO. 2 ENCINA JOINT POWERS LEAD AGENCY: VISTA SANITATION DISTRICT ENCINA WATER POLLUTION CONTROL FACILITY - PHASE III CONSTRUCTION MANAGEMENT SERVICES (STEP 3) GRANT NO. C-06-1016-250 LOWRY JOB NO. 088-83-22 SUMMARY OF CONSTRUCTION MANAGEMENT SERVICES COSTS FOR CONTRACT 10/11 GRANT NO. C-06-1016-250 LOWRY JOB NO. 088-83-22 CONSTRUCTION MANAGEMENT SERVICES Lowry 5700-41 Form $240,681 CCS 5700-41 Form -0- $240,681 Inclusive of all costs including Fixed Professional Fee: $240,681 TOTAL COSTS BEFORE FEE: $209,299 FIXED PROFESSIONAL FEE: 31,393 $240,681 o o COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS (See accompanying instructions before completing this form) Form Approved OMB No. 158-R0144 PART ('GENERAL 1. GRANTEE ENCINA JOINT POWERS - Lead Agency: Vista Sanitation District 2. GRANT NUMBER C-06-1016-250 3. NAME OF CONTRACTOR OR SUBCONTRACTOR LOWRY & ASSOCIATES 4. DATE OF PROPOSAL May 18,1983 5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP code) 17748 Sky Park Boulevard, Suite 100 Irvine, CA 92714 6. TYPE OF SERVICE TO BE FURNISHED Construction Management Services PART II-COST SUMMARY 7. DIRECT LABOR (Specily labor cmtegoriee) Per Attached Detail (Office) Per Attached Detail (Field) DIRECT LABOR TOTAL: B. INDIRECT COSTS (Specily indirect cott pool*) Per Attached Detail (Office) Per Attached Detail (Field) INDIRECT COSTS TOTAL: (i) TRANSPORTATION Per Attached Detail TRAVEL SUBTOTAL ESTIMATED COSTb. EQUIPMENT, MATERIALS, SUPPLIES (Specif/ ceteaortei) Per Attached Detail EQUIPMENT SUBTOTAL: Per Attached Detail SUBCONTRACTS SUBTOTAL; \ L d. OTHER (Specily categories) e. OTHER DIRECT COSTS TOTAL 10. TOTAL ESTIMATED COST 12. TOTAL PRICE EPA Form 5700-41 (2-76) COPY o Foaa Aff tared .OMB No. 15t-ROl44 PART III -PRICE SUMMARY COMPETITOR'S CATALOG LISTINGS. IN-HOUSE ESTIMATES, PRIOR QUOTES (Indicate betie lor price comparison) PROPOSED PRICE MARKET PRICE(S) PART IV-CERTIFICATIONS 14. CONTRACTOR 14«. HAS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OP YOUR ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHS? 09 YEI f~1 NO (If "Y»»" give t Office of Audit EPA, U.S. Government 100 California Street San Fransisco.. GA 94111 addreee and telephone number of reviewing office) Mb .THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES 40 CFR 35.396, 35.397 and 35.939 41 CFR 1-15.-4 Me. This proposal is submitted for use in connection with and in response to (D Request for Construction Management Services ,. This is to certify to the best of my knowledge and belief that the cost and pricing data summarized herein are complete, current, and accurate as of (2) Mav 18, 1983 and that a financial management capability exists to fully and accu- rately account for the financial transactions under this project. I further certify that I understand that the subagreement price may be subject to downward renegotiation and/or recoupment where the above cost and pricing data have been determined, as a result of audit, not to have been complete, current and accurate as of the date above. (3)May 18. 1983 DATE OF EXECUTION SIGNATURE OF PROPOSER Sr. Vice President TITLE OF PROPOSER IS. GRANTEE REVIEWER I certify that 1 have reviewed the cost/price summary set forth herein and the proposed costs/price appear acceptable for subagreement award. DATE OF EXECUTION SIGNATURE OF REVIEWER TITLE OF REVIEWER 16. EPA REVIEWER (11 applicable) DATE OF EXECUTION SIGNATURE OF REVIEWER TITLE OF REVIEWER EPA Form 5700-41 (2-76) vICiT u.< ,'f<!CE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS Form Approved (Stm accompanying instructions before completing this form) OMB No. I58-R0144 PART 1- GENERAL 1. GRANTEE Encina Joint Powers Lead Agency: Vista Sanitation District 3. NAME OF CONTRACTOR OR SUBCONTRACTOR CONSTRUCTION CONTROL SERVICES CORPORATION 5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Includ* ZIP cod*,) 5815 Up lander Way Culver City, California 90230 2. GRANT NUMBER C-06-1016-250 4. DATE OF PROPOSAL May 16, 1983 6. TYPE OF SERVICE TO BE FURNISHED Construction management services PART II- COST SUMMARY 7. DIRECT LABOR (Sp»cily Imbor c*l«gorio«J DIRECT LABOR TOTAL: 8. INDIRECT COSTS (Sp»cilr indirect eo«t poof*) INDIRECT COSTS TOTAL: ESTI-MATED HOURS 3$v?"v. RATE • "*; .;~$f;/?, ¥- **» . ~ HOURLY RATE $ .... . . ^m^m^s^ * BASE a $ .•*'*•*."•,- • :>>f' _-'- •-,'•' 9. OTHER DIRECT COSTS a. TRAVEL (1) T»»Ni POUT ATI ON (2) *>efl DICM TRAVEL SUBTOTAL: b. EQUIPMENT, MATERIALS, SUPPLIES fSfwei/y cmtftorlmi) EQUIPMENT SUBTOTAL: £&%*'. QTY -•'.**• - ffvT^^&S^IP COST S • • •- ' C. SUBCONTRACTS ^ SUBCONTRACTS SUBTOTAL:•L , d. OTHER (Spicily categoric*) OTHER SUBTOTAL; [ | e. OTHER DIRECT COSTS TOTAL: 10. TOTAL ESTIMATED COST 1- .. ESTIMATED COST s • • • ^$ft^*^s^ ESTIMATED COST $ '".'rf.- ^:<'T.i>J •> :.:,-!::•,.;•.••s. .. -•-••.• "...' '.\"»- .~-- ' •; •• ESTIMATED COST 1 _ \ ESTIMATED COST » ESTIMATED COST s $ ESTIMATEDCOST s s 1 1. PROFIT 12. TOTAL PRICE TOTALS •- ."V;. . ,', <• , , '.'.I1 "» ..:' '• . ' ',.-''•" Y.iit.i;iii»rt s ,' *r. (,*?, ". -'•.' 'v* •,?. .-V-?.) u^£.;-:.t;;.'^.iv tti>'i -ij*'i«*««ik; *£'.*jf _j...-".a«*.i. .;... . -0-ffijs^; :~^g?^nifc." .»••%- ;-., ..?»s^ ZSJ<*>-.r-«.'i::t.. :" •,;•'• •.•#»« ^P?"^'--- ' '<-*•**-•^v^r,:'S$ -d- ?? "irv^1^*.'1 **." " •. '^..^. &%^?wh '•-••£$'! ; -^*l*r«*,^":V- • '»»r?-^; ..r?. -.«*..-.•-. ••>*.-;•;*...{ .*••/»;.'• .. • ' .-• •;;^> ..-•.•,/•''' :.:>\\'.> ,: ,.,_;-.' . . ^*- . *; •"_.'. '*** "" j -0- s -o- J -0- s -0- E PA Form 5700-4! (2-76!ST S5PY HIMBPIIBBPBMWW^^'^^"^"^"^"^^^*^^^"^^^ PACE I OF 5 PART in -PRICE SUMMARY I'M/. ,Vi.. / -. 13.COMPETITOR'S CATALOG LISTINGS. IN-HOUSE ESTIMATES, PRIOR QUOTES (Indicmt* bf*it lor price compmrinon) MARKET PRICE(S) PROPOSED PRICE y. * PART IV-CERTIFICATIONS 14. CONTRACTOR 14«. HAS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OF YOUR ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHS' MM mddni* *nd i«f*pVran« m_B6«r o/ rtvifwlng atllem)Cr..Y ES I""] NO (It "Y*t" Office of Audit EPA U.S. Government 100 California St., San Francisco, CA 94111 Mb.THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES 40 CFR 35.396, 35.397 & 35.939 I4e. This proposal is submitted for use in connection with and in response to (1) cons Erne Eion management services ,. This is to certify to the best of my knowledge and belief that the cost and pricing data summarized herein are complete, current, and accurate as of (2)_ May lbf 19oJ _ an{j tnat a financial management capability exists to fully and accu- rately account tor the financial transactions under this project. I further certify that I understand that the subagreement price may be subject to downward renegotiation and/or recoupment where the above cost and pricing data have been determined, as a result of audit, not to have been complete, current and accurate as of the date above. way OATE Of EXECUTION ^ rb**-**A- SIOMATURC OF PROPOSER LENNON E. HARRIS X^J^Q Prffsid^Ttt^ TITLE OF PROPOSER IS. GRANTEE REVIEWER I certify that I have reviewed the cost/price summary set forth herein and the proposed costs/once apoear acceptable for subagreement award. OATE Of EXECUTION SIGNATURE OF REVIEWER TITLE OF REVIEWER 16. EPA REVIEWER (It tppllc*61») OATE OF EXECUTION SIGNATURE OF REVIEWER TITLE OF REVIEWER cPA Form 5700-41 (2-76) BEST COPY PAGE 2 OF 5 J""*,.X**,, ENCINA JOINT POWERS VISTA SANITATION DISTRICT, LEAD AGENCY ESTIMATED STAFFING AND COST SUMMARYAMENDMENT NO. 9 TO TASK ORDER NO. 2 GRANT NO. C-06-1016-250 LOWRY JOB NO. 088-83-22 LOWRY DIRECT LABOR COSTS Office:KEY RATE MAN HDURS TOTAL COSTS Field: CCS PIC $44.01 24 $ 1,056 PM/CM $32.13 112 3,599 DCM $22.40 208 4,659 RE $23.35 1016 $23,724 FE $17.35 1016 17,628 FI I $18.74 1016 19,040 FI II $16.82 512 8,612 FI III $16.32 160 2,611 SEC I $ 9.43 1016 9,581 J/V PIC $35.20 -0- -0- J/V PA $31.46 -0- -0- J/V FE $22.21 -0- -0- J/V SEC $11.50 -0- -0- TOTAL DIRECT LABOR: $ 9,314 81,196 -0- $ 90,510 Dowry Direct Office Labor Costs: Overhead @ 1.28: Lowry Direct Field labor Costs: Overhead @ 1.05: CCS Direct Labor Costs: Overhead @ 1.58: $ 9,314 11,922 $81,196 85,256 $ -0- -0- TOTAL LABOR COSTS: $ 21,236 166,452 -0- $187,688 LOWRY o CCS o ENCINA JOINT POWERS PROJECT ESTIMATED STAFFING AND COST ANALYSIS JULY 1 through December 31, 1983 Amendment No. 9 TASK ORDER NO. 2 (STEP 3 SERVICES) GRANT NO. C-06-1016- 250 (CONTRACT 10/11)JOB NO. 088-83-22 KEY PIC PM/CM RE DCM FI I FE FI II FI III SEC I JULY 1983 HOURS 4 24 160 64 160 160 160 80 160 972 AUG 1983 HOURS 4 24 184 80 184 184 184 80 184 1108 SEPT 1983 HOURS 4 16 168 64 168 168 168 -fl-ies 924 OCT 1983 HOURS 4 16 168-fl-ies 168 -0- -0- 168 692 NOV 1983 HOURS 4 16 168-fl-ies 168 -0- -0- 168 692 DEC 1983 IOJRS 4 16 168 -0- 168 168 -0- -0- 168 692 TOTAL 24 112 1016 208 1016 1016 512 160 1016 5080 KEY J/V PIC J/V PA J/V FE J/V SEC TOTAL JULY 1983 HOURS -0- -0- -0- -0- -0- . AUG 1983 HOURS -0- -0- -0- -0- -0- SEPT 1983 HOURS -0- -0- -0- -0- -0- OCT 1983 HOURS -0- -0- -0- -0- -0- NOV 1983 IDURS -0- -0- -0- -0- -0- DEC 1983 HOURS -0- -0- -0- -0- -0- TOTAL -0- -0- -0- -0- -0- KEY: PIC - PRINCIPAL-IN-CHARGE PM - PROJECT MANAGER RE - RESIDENT ENGINEER FE FIELD ENGINEER- FI - FIELD INSPECTOR SI - SPECIAL INSPECTOR DRA - DRAFTSMAN SEC - SECRETARY J/V PIC - JOINT VENTURE PRINCIPAL-IN-CHARGE J/V FE - JOINT VENTURE FIELD ENGINEER J/V FI - JOINT VENTURE FIELD INSPECTOR LOWRY ENCINA JOINT POWERS PROJECT ESTIMATED STAFFING AND COST ANALYSIS JULY 1 through December 31, 1983 Amendment 9 TASK ORDER NO. 2 (STEP 3 SERVICES) GRANT NO. C-06-1016- 250 (CONTRACT 10/11)JOB NO. 088-83-22 KEY PIC PM/CM RE DCM FI I FE FI II FI III SBC I JULY 1983 $ 176 111 3,736 1,434 2,998 2,776 2,691 1,306 1,509 17,397 AUG 1983 $ 176 771 4,296 1,792 3,448 3,192 3,095 1,305 1,735 19,810 SEPT 1983 $ 176 514 3,923 1,433 3,148 2,915 2,826 -0- 1,584 16,519 OCT 1983 $ 176 515 3,923 -0- 3,149 2,915 -0- -0- 1,585 12,263 NOV 1983 $ 176 514 3,923 -0- 3,149 2,915 -0- -0- 1,584 12,261 DEC 1983 $ 176 514 3,923 -0- 3,148 2,915 -0- -0- 1,584 12,260 TOTAL 1,056 3,599 23,724 4,659 19,040 17,628 8,612 2,611 9,581 90,510 KEY J/V PIC J/V PA J/V FE J/V SEC TOTAL JULY 1983 $ -0- -0- -0- -0- -0- AUG 1983 $ -0- -0- -0- -0- -0- SEPT 1983 $ -0- -0- -0- -0- -0- OCT 1983 $ -0- -0- -0- -0- -0- ^DV 1983 $ -0- -0- -0- -0- -0- DEC 1983 $ -0- -0- -0- -0- -0- TOIAL . -0- -0- -0- -0- -0- KEY: PIC - PRINCIPAL-IN-CHARGE J/V PM - PROJECT fWIAGER J/V RE - RESIDENT ENGINEER J/V FE(M> FIELD ENGINEER- MECHANICAL FI - FIELD INSPECTOR SI - SPECIAL INSPECTOR DRA - DRAFTSMAN SEC - SECRETARY FE(S> FIELD ENGINEER - STRUCTURAL PIC - JOINT VENTURE PRINCIPAL-IN-CHARGE FE - JOINT VENTURE FIELD ENGINEER FI - JOINT VENTURE FIELD INSPECTOR 5700-41 Form Part II - COST SUMMARY SECTION 9 - OTHER DIRECT COSTS a. Travel PROJECT TO DECEMBER 31, 1983 AUTOMOBILE TRAVEL Local Area Mileage 4000 mi. @ $.24 (total for 6 months) $960.00 5700-41 Form Part II - COST SUMMARY SECTION 9 - OTHER DIRECT COSTS b. Equipment, Materials, Supplies PROJECT TO DECEMBER 31, 1983 FIELD OFFICE EXPENSE Rental of Copier Telephone Water (Bottled) Miscellaneous Equipment Materials & Supplies PER MO. ? 200 500 80 140 120 TOTAL FOR JULY 1 - DECEMBER 31. 1983 $ 1,200 3,000 480 840 720 $1,040 $ 6,240 5700-41 Form Part II - COST SUMMARY SECTION 9 - OTHER DIRECT COSTS c. Subcontracts PROJECTION TO DECEMBER 31, 1983 SUBCONTRACTOR EXPECTED EXPENDITURES Anna Photographic Arts $ 900 Air Resort Airlines 500 Fowler Automation 4,000 Management Counseling 6,000 Westland Associates 3,000 $ 14,400 ENCINA JOINT POWERS WATER POLLUTION CONTROL FACILITY EXHIBIT 1 of ATTACHMENT "D9" SCOPE OF CONSTRUCTION SERVICES CONSTRUCTION MANAGEMENT SERVICES - 088-&3-22 CODE DESCRIPTION A Administration Correspondence Secretarial Pay Requests Filing Payroll and EEC Reports C Change Orders E Expediting F Field Engineering G Grant Assistance I Inspection M Meetings P CPM Schedules Q. Blended PipelinesR Record Drawings S Submittals T Testing Soils Concrete Steel In-Plant X Final Construction Report Y Special Services Z Avenida Encinas EXHIBIT 1 of ATTACHMENT