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HomeMy WebLinkAbout2007-04-03; Municipal Water District; 632; Nolte Associates agreement amendmentCARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL 1 ^ x7 AB# 632 MTG. 4/03/07 DEPT. ENG APPROVAL OF AMENDMENT NO. 2 WITH NOLTE ASSOCIATES, INC., AND INCREASE APPROPRIATION FOR SAN MARCOS BOULEVARD WIDENING PROJECT NO. 6005 DEPT. HEAD "j^T^T CITY ATTY. $&- CITY MGR. -^C\/ RECOMMENDED ACTION: Adopt Resolution No.1295 approving and authorizing Amendment No. 2 to the engineering services agreement with Nolte Associates, Inc., for construction management and inspection services, and increase contingency and appropriation for the San Marcos Boulevard Widening, Project No. 6005. ITEM EXPLANATION: Project - The work is located in San Marcos Boulevard and extends primarily from Business Park Drive east to Rancho Santa Fe Road. The construction contract includes the San Marcos Boulevard Water Transmission Main Replacement, Project No. 3956, and the San Marcos Boulevard Widening, Project No. 6005. The District designed and is funding that portion of the project which replaces the transmission main. The City of San Marcos designed and is funding the street widening portion of the construction contract. The District awarded and is administering the construction contract, and is also providing all construction management and inspection services through an agreement with the City of San Marcos, approved by the Board under Resolution No. 1252, and executed on July 15, 2005. The following recommended appropriation increase only impacts the San Marcos Boulevard Widening, Project No. 6005. Amendment No. 2 to Nolte Associates, Inc. - On January 17, 2006, the Board adopted Resolution No. 1267, accepting and approving the proposal from Nolte Associates, Inc., for construction management and testing services for the San Marcos Boulevard Water Transmission Pipeline Replacement project and the San Marcos Boulevard Widening project. The District and Nolte Associates, Inc., entered into an agreement for construction management and inspection services for the not-to-exceed amount of $250,263. The District's share in this budget is $129,729 and San Marcos' share is $120,534. The cost share for these services are based on a ratio of construction cost for the two projects. Amendment No. 1 in the amount of $60,500 was executed on December 19, 2006. The cost share of Amendment No. 1 was $31,364 for Project No. 3956 and $29,136 for Project No. 6005. During the course of construction, several unanticipated conflicts were discovered causing delays in the completion date of the construction contract. The current projected completion date is July 5, 2007. The utilization of Nolte Associates, Inc., services beyond the originally contemplated 10 months construction schedule necessitates Amendment No. 2 in the amount of $64,000. The District's share of Amendment No. 2 is $33,178, and San Marcos' share is $30,822. FOR CITY CLERKS USE ONLY. BOARD ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED nn Dn CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 Change Order for the San Marcos Boulevard Widening, Project No. 6005 - It was discovered during construction that a portion of the southerly curb and gutter on San Marcos Boulevard had to be redesigned, at the request of the City of San Marcos, as well as the adjacent retaining wall, slopes, and facilities. The redesign work was completed by San Marcos and a construction change order proposal was obtained from the contractor. The additional unforeseen work requires additional funds to be appropriated for the San Marcos Boulevard Widening in the amount of $146,437. In addition, staff is recommending $133,093 for future unforeseen change orders. This results in a need to increase the contingency for the San Marcos Boulevard Widening portion of the construction contract from $209,423 to $459,423, or $250,000. In accordance with Section I B7 of the agreement with the City of San Marcos, the Public Works Director for the City of San Marcos has reviewed and approved the change order work and concurs in increasing the project's contingency by $250,000 (see attached letter). Appropriation Increase for the San Marcos Boulevard Widening, Project No. 6005 - The $59,958 cost increase for construction management, inspection, and material testing (Nolte Associates, Inc.), and the contingency increase of $250,000, results in a need to increase the total appropriation for the street widening portion of the project by $309,958. This will increase the appropriation for Project No. 6005 from $2,424,189 to $2,734,147 (Table 1). All funds allocated and expended for the construction of the roadway work will be reimbursed by the City of San Marcos under the existing agreement between the District and City of San Marcos. ENVIRONMENTAL IMPACT: The City of San Marcos is the lead agency for environmental review. A Mitigated Negative Declaration was prepared by the City of San Marcos in accordance with California Environmental Quality Act (CEQA) guidelines. The CMWD San Marcos Boulevard Water Transmission Main Replacement, Project No. 3956, was included in the Mitigated Negative Declaration for the widening project. Since the project is located within the City of San Marcos, the City of Carlsbad does not have regulatory jurisdiction. FISCAL IMPACT: The revised total cost of constructing the San Marcos Boulevard Widening Project is shown in Table 1. This table reflects two changes that include an increase to the construction management budget by $59,958 and increasing the construction contingency budget by $250,000. Combining the two cost increases results in a need to increase the appropriation for Project No. 6005 by $309,958. No adjustment is required for the San Marcos Boulevard Transmission Main, Project No. 3956 appropriation. TABLE 1 SAN MARCOS BOULEVARD WIDENING PROJECT, PROJECT NO. 6005 Construction Contract (J. Fletcher Creamer & Sons, Inc.) Change Order Total to Date Proposed Change Order Budget for Future Change Order (s) Subtotal Current Construction Contingencies Appropriation Requested Contingency Increase Amount Construction Management, Inspection, and Material Testing (Nolte Associates) Amendment No. 1 ($60,500 x 48.16%) Amendment No. 2 ($64,000 x 48.16%) Total San Marcos Share of Cost TOTAL COST CURRENT APPROPRIATION ADDITIONAL APPROPRIATION REQUESTED $2,094,232 $179,893 146,437 133.093 459,423 209.423 $250,000 $120,534 29,136 30.822 $180,492 ! .2,734,147 U2,424,189 $309,958 PageS EXHIBITS: 1. Location Map. 2. Resolution No. 1295 approving and authorizing Amendment No. 2 to the engineering services agreement with Nolte Associates, Inc., for construction management and inspection services, and increase contingency and appropriation for the San Marcos Boulevard Widening, Project No. 6005. 3. Letter from City of San Marcos. 4. Amendment No. 2 to Engineering Services Agreement with Nolte and Associates, Inc., for construction management and inspection services for construction of San Marcos Boulevard Water Transmission Pipeline Replacement, Project No. 3956, and San Marcos Boulevard Widening, Project No. 6005. DEPARTMENT CONTACT: William Plummer, (760) 602-2768, bplum@ci.carlsbad.ca.us 3 LOCATION MAP CITY OF OCEANSIDE HIGHWAY,*? PACIFIC OCEAN NOT TO SCALE \\ \\ SITE PROJECT NAME SAN MARCOS BOULEVARD WATER TRANSMISSION PIPELINE REPLACEMENT AND STREET WIDENING PROJECTNUMBER 3956 & 6005 EXHIBIT 1 DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 3/5/07 C: \CAPITAL\AHLES\3956-6005.DWG 1 RESOLUTION NO. 1295 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD 3 MUNICIPAL WATER DISTRICT (CMWD), APPROVING AMENDMENT NO. 2 TO ENGINEERING SERVICES AGREEMENT WITH 4 NOLTE ASSOCIATES, INC., FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES, AND INCREASE THE APPROPRIATION 5 FOR SAN MARCOS BOULEVARD WIDENING. PROJECT NO. 6005. 6 WHEREAS, a funding and administration agreement was approved by Resolution No. 7 1252, dated July 15, 2005, between the City of San Marcos and CMWD for the San Marcos 8 Transmission Main Replacement, and the San Marcos Boulevard Widening Project; and 9 WHEREAS, on January 17, 2006, by Resolution No. 1267, the Board of Directors of the 10 Carlsbad Municipal Water District awarded the construction contract for the San Marcos Transmission Main Replacement, Project No. 3956, and the San Marcos Widening, Project No. 6005, and approved an engineering services agreement with Nolte Associates, Inc., to provide 13 construction management and inspection services; and 14 WHEREAS, it is necessary to increase the construction management budget by $59,958 for Nolte Associates, Inc., for the San Marcos Widening, Project No. 6005; and WHEREAS, it is necessary to increase construction contingency of the San Marcos Widening, Project No. 6005, by an amount of $250,000, which has been approved by the 1R Public Works Director of the City of San Marcos; and 19 WHEREAS, it is therefore necessary to increase the total appropriation for the San Marcos on Boulevard Widening, Project No. 6005, by an amount of $309,958. 21 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal 22 Water District (CMWD) of the City of Carlsbad, California, as follows: po 1. That the above recitations are true and correct. 2. That the Executive Manager is hereby authorized to execute Amendment No. 2 25 with Nolte Associates, Inc., for a total amount of $64,000. 26 /// 27 /// 28 1 3. That the contingency for construction of the San Marcos Widening, Project No. 2 6005, shall be increased by $250,000 and the Executive Manager is hereby authorized to 3 approve construction change orders up to $459,423 for Project No. 6005. 4 4. That the appropriation for construction of the San Marcos Boulevard Widening, 5 Project No. 6006, shall be increased by $309,958 to a total amount of $2,734,147. 6 5. That the Finance Director is authorized to appropriate an additional $309,958 from 7 the General Capital Construction Fund for the San Marcos Boulevard Widening, Project No. 6005, with the understanding that the City of San Marcos will reimburse the City of Carlsbad8 based on monthly progress payments approved by the City of Carlsbad,y ///10 ///11 12 '" 13 '" 14 '" 15 '" 16 '" 17 '" 18 '" 19 '" 20 '" 21 "I 22 "/ 23 "I 24 /// 25 /// 26 /// 27 /// 28 /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad on the 3rd day of April, 2007, by the following vote: AYES: Board Members Lewis, Kulchin, Hall, Packard NOES: None ABSENT: None , President ATTEST: .\EJOfl lUK^i ISAJVfrt) M LORfRAINE M. WOOD, Secretary (SEAT) Public Works Department 201 Mata Way San Marcos, CA 92069-2948 3 Telephone 760. 752.7550 FAX: 760. 752.7578 March 8, 2007 Mr. Bill Plumber Deputy City Engineer City of Carlsbad 1635 Faraday Ave. Carlsbad, CA. 92008 SUBJECT: Dear Bill, SAN MARCOS BL. TRANSMISSION MAIN AND ROAD IMPROVEMENTS CMWD PROJECT NO. 3956 AND COSM CIP NO. 274 INCREASE TO COSM CONSTRUCTION CONTINGENCY I have revised this letter of authorization at Mr. John Maashoff s request by changing the construction contingency amount from $175,000.00 to $250,000.00. Please disregard the 3/2/07 letter of authorization. I have reviewed and approve the work order items No. 1-7 and 9 in Change Order No.5 to Fletcher Creamer and Sons contract for $146,437.00. Per the reimbursement dated July 15, 2005, Section 1B7, I authorize the construction contingency to be increased by $250,000.00 (two hundred fifty thousand dollars and no cents). Respectfully, Michael Mercereau Public Works Director cc: Jim Chafe, Construction Manager Jim Bozer, Project Manager Mike Edwards, City Engineer CITYCpUNCIL: Jim Desmond, Mayor Hal Martin, Vice-Mayor Mike Preston O Printed on 30% post-consumer recycled paper Chris Orlando Rebecca Jones 6 4 AMENDMENT NO, 2 TO AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES ON THE SAN MARCOS BOULEVARD TRANSMISSION MAIN (PROJECT NO. 39561) AND SAN MARCOS BOULEVARD WIDENING (PROJECT NO. 6005) (NOLTE ASSOCIATES, INC.) This Amendment No, 2 is entered into and effective as of the .JT. day of , 2007, amending the agreement dated January 18,2006 (the "Agreement") by and between the Carlsbad Municipal Water District,, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as f CMWD"}, and NOLTE ASSOCIATES, INC., ("Contractor") (collectively, the "Parties") for construction management and inspection services on the San Marcos Boulevard Transmission Main (PROJECT NO, 30561 ) AND SAN MARCOS BOULEVARD WIDENING (PROJECT NO. 6005} RECITALS A. The Parties desire to alter the Agreement's compensation to increase the allowable Agreement amount $84,000 fora total Agreement amount of $374,763; and B, Due to changes in the anticipated time of completion for the construction project, the Parties have negotiated and agreed to supplemental compensation in an amount not to exceed $64,000,00. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows 1. CMWD will pay Contractor for all work associated with those services described in Exhibit "A" of the original agreement dated January 18, 2008, on a time and materials basis • not-to-exceed three hundred seventy four thousand seven hundred sixty three dollars ($374,763), Contractor will provide CMWD, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by CMWD. 2. Contractor wilt complete all work described in the original agreement, as amended by amendment no. 1, and as amended by this amendment no. 2, by January 18, 2008. 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect, 4. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for Shis Amendment, •General Counsel Approved Version #07.05,01 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsjjdjary p»frict of the City of Carlsbad By:(print name/title) \ II* (e-mail address) *By: (sign here) (print name/title) tTORRAINE M. WOOD Secretary VVVVO ** = • <•c^v?^"".£ -$?••*-ccj.-v= Si*= ^\0 p'^r?,;m^••r-fl-^&-.a-grt • —~ ~^/eo r (e-mail address)x/>//'/, If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. •Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFOor Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, General Counsel 'Deputy General O^jnsel General Counsel Approved Version #07.05.01 I/ 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the MunicipalWater Act of 1911, and a Subf^iaryjB^strapt of the City of Carlsbad/ SrTJtereJ i^kOo'U.yOJPO (print name/title) LORRAINE M. WCNDO Secretary (e-mail address) If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached, lf.a,,CQffi:gratJ.OD, Agreement must be signed by one corporate officer from each of tie following two groups. *0roup A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFOor Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officers) signing to bind the corporation, APPROVED AS TO FORM: RONALD R, BALL, General Counsel Genera! Counsel Approwd Version f 07.05.01 /f.