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Home My WebLink About1981-07-21; City Council; Resolution 6614RESOLUTION NO. 6614 - A RESOLIEION OF TEE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORlZING THE VISTA SANITATION DISTRICT TO EXECUTE THE THIRD AMENDMENT TO CONTRACT WITH LOWRY & ASSOCIATES REGARDING CONSTRUCTION CONTROL SERVICES FOR PHASE I11 ENL,ARGEMENT AND UPGRADING OF THE ENCINA WATER POLLUTION CONTROL FACILITY WEF.EAS, the VISTA SANITATION DISTRICT , CITY OF CARLSBPILD , LEUCADIA COUNTY WATER DISTRICT, SAN MAIRCOS COUJ!lTY WATER DIS- TRICT, BIENA SANITATION DISTRICT, AND ENCIWITAS SANITARY DISTRICT are parties to a Joint Powers Agreement which provides for the operation and maintenance of a joint sewer system commonly known as the ENCINA MATER POLLUTION COWROL FACILITY; and WHEREAS, pursuant to the Seventh Supplement to the Basic Joint Powers Agreement, Phase I11 Enlargement and Upgrading of the joint sewer system is in progress; and FnTHEREAS , the VISTA SANITATION DISTRICT is the administrator of Phase I11 Enlargement and Upgrading, as required by Section 2 of the aforesaid Seventh Supplement to the Basic Agreement; and WEREAS, pursuant to prior approval. of all members of the Joint Powers, VISTA SANITATION DISTRICT has heretofore entered into a written contract with LOWRY' & ASSQCIATES CONSTRUCTION CONTROL SERVICES dated February 7, 1979, for the latter's serv- ices as construction manager for the Phase 111 Enlargement and Upgrading; and WHEREAS, pursuant to prior approval of all members of the I Joint Powers, the said contract has been heretofore amended twice, namely, on February 13, 1988, and November 20, 1980; and WEREAS, it has become necessary to effectuate a Third Amendment to said contract with LOWRY & ASSOCIATES by reason of the necessity to increase the scope of services heretofore agreed by said firm to be performed, and by reason of delays resulting from a freeze of EBB grant funds from March 20, 1981, to mid-September 1981; and by increased cost to LOWRY & ASSOCI- ATES resulting from the freeze of EPA funds; and WHEREAS, on May 27, 1981, the proposed Third Amendment to the contract with LOWRY & ASSOCIATES was considered by the Joint Advisory Committee to the Joint Powers at a regular meeting thereof, and was unanimously approved by said committee; and WHEREAS, it is in the best interest of this City that the VISTA SANITATION DISTRICT be authorized to execute the Third Amendment to the contract between said District and LOWISY & ASSOCIATES, a copy of which is attached hereto, marked Exhibit IIAfI , and is incorporated herein. NOW THEREFORE, BE IT RFS,OLWD by the City Council of the CITY OF CARLSBAD as follows: Section 1. That the City Council of this City hereby auth- orize the VISTA SANITATION DISTRICT, as administrator of Phase I11 Enlargement and Upgrading of the ENCINA WATER POLLUTION CONTROL FACILITY to execute, in the form shown in Exhib- it “A” hereio, the Third Amendment to the Agreement €or Construction Management Services between VISTA SANITATION DISTRICT and LOWRY & ASSOCIATES. PASSED, APPROVED ANE ADOPTED, at a regular meeting of the City Council on the 21st d!ay of July , 1981, by the following votes, to wit: NOES: 0 ABSENT: 0 -- AYES: 5 ATTEST : -2- @BIT A to Resolution No. 6614 AMENDMENT NO. 3 TO THE AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES BETblEEN VISTA SANITATION DISTRICT AND COWRY AND ASSOCIATES/CONSTRUCTION CONTROL SERVICES FOR PHASE I11 E:NLARGEMENT 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 I11 Enlargement and Upgrading of the Encina Water Pollution Control Facility executed February 7, 1979, Amendment No. 1 executed February 13, 1980 and Amendment No. 2 executed November 20, 1980. 11. REASON FOR AMENDMENT Whereas the Owner and Construction Manager recognize that certain significant changes in: (I) Construction Manager's services as originally planned; (2) time factors affecting the scheduled activities and (3) contract- or's performance, has resulted in a "change of scope of work" from that mutually contemplated 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 exceeded 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. . Whereas the next Task Order authorization,, Amendment No. 4 to Task Order No. 2, will cause the budget amount of $1,167,027.85 '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. I I 1. 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 I11 upgrading and Expansion Project as described in the Contract Documents for Contract Nos. 1, 2, 3/4, 5, 6, 7, 8, 9 and 10/11 prepared by the firm of Brown and Caldwell ." Exhibit B of the Master Agrleement 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 Authorizations, the applicable portions of this agreement and the following schedule: -2- Basis of Compensation: Cost of Reimbursement Estimated Cost Ceiling, per attached Exhibit A, Incl usive of All Subcontracts and Fixed $2,304,127 Professional Fee: Fixed Professional Fee: $ 300,538 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 Unless there is an agreed upon increase in the scope of work from that outlined in E:xhibit "A", Manager agrees that the maximum cost ceiling allowed shall be $2,304,727. paragraph A, Construction In the event any amount of the Fixed Professional Fee remains unpaid upon completion of the project, said amount shall be paid in a lump sum within thirty-five (35) days after the project i s compl eted. The aforesaid estimated cost 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.'' -3- 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 !;AN ITATI ON DISTRICT By: Date: - -4- 1. EXHIBIT A AMENDMENT 3 to the MASTER, AGREEMENT EXHIBIT A to AMENDMENT :3 to the MASTER AGREEMENT ENCINA PHASE I11 PROJECT ESTIMATED TOTAL COST OF CONSTRUCTION MANAGEMENT SERVICES Projected Costs to Finish 1981 - $480,000 - 8 months at $60,00O/mo. - 1982 - - - 420,000 - 275,000 7 months at $60,00O/mo. 5 months at $55,00O/mo. - 1983 - 6 months at $35,00O/mo. - 210,000 $1,385,000 Actual Cost to Date (4/22/81 bill ing) Step 2 Services $361,556 Step 3 Services 557,571 $ 919,127 TOTAL ESTIMATED COST: $2,304,127 EXHIBXT A - Page 1 ENCINA PHASE I11 PROJECT JUSTIFICATION STATEMENTS'AND SUMMARY OF ClOST INCREASES FOR CONSTRUCTION MANAGEMENT SERVICES A. Construction Management Service Scope Chances 1. Extension of Avenida Encinas Originally planned services were based on &own and Caldwell 's plant and facilities described in Brown and Caldwell's Ten Percent design report. Actual services are 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 lO/ll. The significant difference is the additional grading, offsite utilities relocation, and sewer reloc-ation required by the extension of Avenida Encinas lper the City of Carlsbad use permit. - Estimated Cost $335,000 2. Addition of CPM Services to Construction Management Services Contract Estimated Cost $1 00,000 B. Time Factors Affecting the Scheduled Activities- On March 20, 1980 President Carter froze the EPA funds for Grants to wastewater projects. until mid September 1981. delay in the advertizing for bids on €ontract 10/17. Funds were not released This resulted in a six months Estimated Cost $360,000 C. Contractor Performance 1. Brinderson Corporation, the IContractor for Contract lO/ll, had a. backlog in construction contracts of 60 million at the time they did the Encina work. By the time they were awarded the contract, their backlog increased to 120 million. Field personnel to be assigned to Contract 70/11 EXHIBIT A - Page 2 2. 3. were diverted to other projects. Brinderson hired new personnel for the Encina project. The contractor's . probl ems in personnel ori entat-i on, coordi nati on and shifting of assignments has caused an estimated two months delay in the start of construction. Estimated Cost $1 00,000 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. If this practice continues for the duration of the job, the estima€ed cost is $ 60,000 E. V. Harris, Contractor for the operations building, is taking a claims oriented approlach to his contract. This requires additional documentation and numerous long meetings to prevent an adversa.ry relationship and potential 1 itigation. Estimated Cost $ 10,000 0. Other Cost Factors 1. Extra time and effort associated with coordinating and resolving conflicting details on the operation building has been necessary. Estimated Cost $ 27,000 2. Inflation of the economy since 1979 has increased actual salaries of personnel over what was anticipated. increased hourly rates would apply for a 12 month extension to the originally planned work. Estimated Cost The $1 29 9 000 TOTAL ESTIMATED CHANGE OF SCOPE COST INCREASE (Total of A through D) $1,137,000 EXHIBIT A - Page 3 A. 8. C* D. 0 ENCINA PHASE 111 PROJECT NOTES AND CALCULATIONS Construction Management Services Scope Changes 1. Extension of Avenida Encinas Step 2 Services About two thirds of the total effort can be attributed to the additional work due to the extension of Avenida Enci nas Estimated Cost = 318,580 x 2/3 = $212,000 Step 3 Services About one half of the total Contract 7 effort can be attributed to the extension of Avenida Encinas Estimated Cost = 245,732 x 1/2 = $123,000 2. Addition of CPM Services to Construction Management Services Contract Negotiated hunt = $100,000 Time Factors Affecting the Schedu'l ed Activi tie? See Figure 1 4 months @ 15,OOO/mo. 6 months (h 50,00O/mo. = $ 60,000 = $300,000 Contractor Performance 1. See Figure 1 2 months @ 50,00O/mo. = $100,000 2. One secretary full time for 2!4 months and increased time for Resident Elngineer 24 x 2,50O/m0. = $ 60,000 24 x 667/m0- = $ 16,000 3. 18% of Resident Engineer time for six months 6 x 1,667/mo. = $ -10,000 Other Cost Factors . 1, - 50% of Field Engineer time for six months 25% of Inspectors time for six months 6 (.5 x 6,500 t -25 x 5,000) = $ 27,000 EXHIBIT A - Page 4 2. Comparison of hourly rates for the years shown Comparison of salary increases and increases; due to extended time of project longer than originally contemplated (3.5 years vs. 2.5 years) Dol 1 ar/Hr . -- 1979 1981 Increase Pri nci pal -i n-Charge Project Manager Resident Engi neer Fi el d Engi neer Field Inspector Secretary Draftsman 34.50 42.00 22 50 28 .OO 21.00 15.50 16.50 12.50 16.00 6.00 9.50 11.00 19 .oo 3.5 3.5 35 35 3.5 Pri nci pal -i n-Gharge 420 x 2.5 x 7-50 = 4,410 Project/Manager/R. E. 5,313 x 2.5~ 5.50 = 40,910 Fi el d Engi neer 4,911 x 2.5 x 1.00 = 6,875 Inspector 10,121 x x 3.50 = 49,593 128,689 Secretary 51,490 x 2.5 x 3.50 = 26,901 7.50 5.50 1.00 3.50 3.50 8.00 -- Say $129,000 EXHIBIT A - Page 5 ESTIMATED TOTAL COSTS FROM PAGE 1 ORIGINAL NEGOTIATED COST CEILING NOTE : - Estimated Scope Changes when added to original contract amount are within one hundred dollars ($100.00) of the. actual costs to date added to the estimated costs to complete Construction Management Services. $2,304,127 (1,167,028) $1,137,099 Estimated Scope Changes $1,137,000 Original Contract Amount $1,167,028 $2,304,028 Actual Costs to Date $ 919,127 Estimated Costs to Complete $1,385,000 $2,304,127 . EXHIBIT A - Page 6 EXHIBIT A - Page 7 c TOTAL - Step 2 AN EB WI ,PR LAY m UL ,uc IEP tCT tov IEC rm IEB tAR PR 4AY IUN JUL AUG SEP OCT NOV DEC - JAN wn UAR APB MAY JUli JU1 AUC SEI oc NO1 DEI - - LOURY I 11,065 18,974 7,772 2.263 4,897 2,683 17,367 14,825 18,767 27,765 ccs WWRY ccs $558 4,030 -0- 1,388 -0- 2,172 -0- -0- 3,734 $11,065 19.532 11.802 2,263 6,285 2,683 19.539 14,825 18,767 31,499 '$11,065 - 18,974 $558 7.772 4.030 2,263 -0- 4.897 1,388 2.683 -0- 17,367 2.172 14.825 -0- 18,767 27.765 3.734 34 I 22 --- 11 12 29,205 4.776 33.981 29.205 4,776 14 27.182 5,119 32.301 27.182 5,119 16 20.550 2.241 22.791 20.550 2.241 ~ 10 28,459 2,292 30.751 28.459 2,292 7 29.880 10.486 40.366 29,880 10,486 26 13.277 -0- $ 7.,550 $4,166 24,993 20,827 4,166 17 20.057 12,680 32,737 20,057 12.680 39 25.693 19,189 44.882 25,693 19.189 43 32,503 17,352 49.855 32.503 17.352 35 29,748 3,938 36.248 21.010 90.946 65,996 24.948 . 27 3,697 1.449 32,930 18.856 56.932 36,627 20,305 36 4,302 213 31,692 12.512 48.719 35.994 12,725 26 $2,942 -0- $h8,B6Y $23,099 $96,910 $71,811 $23,099 24 37.023 19,465 56.488 37.023 19.465 34 . 2,960 580 34,178 16,921 54.639 37,138 17.501 19 37,728 8,732 46,460 37,728 8,732 19 $Sl&S80 $42,976 $364,471 $173,982 $900.009 $683,051 $216,958 24 ENCINA JOINT POVERS KINGS FOR CONSTRUCTION HANACEHENT SERVI FROM JUNE 1980 THROUGH MARCH - l08L - CONTRACTS 7 8 9 loll1 TOTAL 1 2 3i4 5 6 JAN F€B nAR 1 9 HAY 8m 0JuL AX S€P OCT NOV DEC JAN FIB $ 391 UAR 1 APR 9 HAY 8 JW 1JuL IWG SEP OCT NOV DEC JAN FEB $ 9,400 $ 2.316 22,240 10,497 29 .E30 15.052 33.167 $ 1.240 15,448 36.004 5.305 15.949 29.717 7,414 14,655 18.173 7,340 18,691 $1,407 $3,719 $1.432 $1,270 33,171 24.229 25,427 19 1 537 182 458 17.824 13,445 34,023 334 101 270 9,756 14.130 17.958 550 1,016 295 6.450 13,1101 7.909 $ 11,716 32,737 44,882 49,855 57.258 51,786 44,204 $1.313 91.968 8.552 75,603 8.552 51 , 101 17 . 131 ‘46.461 EXHIBIT A - Page 9 TOTAL S 391 $2,148 $5,606 $1,715 $2.293 $245.732 $86.213 $177.925 $35,268 $557.571 .I Picpared by 1.0LXY 6 ASSOCIATES Jnnuay 27. 1981 ENCIFA JOIh'T POWERS PROJECTED BlLLINCS FOR CONSTRUCTION WAGRENT SERVICES FROH JANUARY 1981 THROUGH JUNE 1983 Conr rac c s 1 2 3/c 5 6 7 a *4 10/11 TOTAL JM' FEE m 1 APR MY Juh' JUL AUG SEP Ocf HOT DEC 8 1 JAK FEB w. I APR MY JUS JUL AUG SEF OC NOV DEC 8 2 JA5 FEE w. APR 9 8 3 nAy JUN S 600 600 600 1.300 1,300 1,500 1 .SO0 1.300 1.300 1,000 $1,000 $ 2.700 1.000 2.400 1.000 2 * 200 1.000 2.100 1.900 2.000 2,000 2.100 2.000 2.000 2.000 2,006 2.000 2,000 2.000 2.000 S 800 5 1,100 $12.000 800 1,100 12,000 800 1,100 11.000 1, aoo 1.100 10.000 1.900 1.100 9,000 1.900 2.300 9.000 2.000 8.000 2.000 5,000 2.000 4.000 1.000 2.000 1.000 1.000 s 9.000 9,000 9 * 000 9,000 9.000 8.500 8.000 7.000 5.000 4.000 2.000 $ 16.000 S 9.300 5 52.500 16.000 9,600 52.500 16.000 10.800 52. SO0 16,000 15.000 57,300 16.000 15.100 57,300 , 15,000 15.000 57.300 15.000 20.800 57.300 14,000 26.000 57.300 12.000 31.000 57.300 10.000 37.300 57.300 5.000 '47.300 3.000 51.300 54.900 54.900 56;900 56 900 56.900 56.900 57.300 57,300 56.900 56.900 56.900 56.900 56.900 56.300 56.000 56,400 51,100 51.100 51,100 51,100 46,000 46,000 43.300 43.300 43,300 25.400 51,100 51 100 46.000 46.000 43.300 43.300 43 . 300 24.400 24 , 500 24.400 25.400 24,400 EXHIBIT A - Page 10