Loading...
CC 2016-01-12_09i Amendment w_GTA for Well No. 11 Project MEMORANDUM TO: CITY COUNCIL FROM: GEOFF ENGLISH, PUBLIC WORKS DIRECTOR BY: SHANE TAYLOR, UTILITIES MANAGER SUBJECT: CONSIDERATION OF A FOURTH AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES WITH GARING TAYLOR & ASSOCIATES FOR THE WELL NO. 11 PROJECT, PW 2010-07 DATE: JANUARY 12, 2016 RECOMMENDATION: It is recommended the City Council: 1. Approve Amendment No. 4 to the Agreement for Consultant Services (“Fourth Amendment”) with Garing Taylor & Associates to increase the “not to exceed” amount by $9,641.76 for additional design and construction support services for the subject project and extend the termination date; and 2. Authorize the Mayor to execute the Amendment No. 4. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: The FY 2015/16 Capital Improvement Budget includes $350,000 for the Well No. 11 Project. The Fourth Amendment will increase Garing Taylor & Associates contract from $101,321.00 to $110,962.76. There are no additional impacts anticipated to staff time or resources. BACKGROUND: The existing well is located on the south side of La Canada Street approximately 800 feet north of the intersection of James Way and was drilled and developed to provide irrigation water for the Rancho Grande development project. The well was constructed in 1992 with a PVC casing that is 6 inches in diameter and 305 feet deep. The City acquired the well in 2009 as a condition of approval of Tract 1998 to help mitigate impacts of the project on the City’s water supply. On August 24, 2010, Council awarded a design contract for $56,480 to Garing Taylor & Associates to rehabilitate the existing irrigation well and provide the appropriate treatment facilities for conversion of the well for domestic use. However, Garing Taylor & Associates could not proceed with the project design as it was predicated on resolution of issues regarding a formal well dedication from the developer, Taos Holdings. On February 14, 2012, Council accepted the well dedication. Subsequently, Council has approved three additional amendments to the Consultant Services Item 9.i. - Page 1 CITY COUNCIL CONSIDERATION OF A FOURTH AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES WITH GARING, TAYLOR & ASSOCIATES FOR THE WELL NO. 11 PROJECT, PW 2010-07 JANUARY 12, 2016 PAGE 2 Agreement for additional testing, environmental determination, and future construction support. On May 13, 2014, Council approved the design improvements for the project, and adopted Resolution No. 4584 to approve a Negative Declaration for the project, in accordance with CEQA guidelines. The project was advertised and on July 14, 2015, four bids were opened. The lowest bid was in the amount of $463,728 which was approximately $146,000 above the Engineer’s Estimate of $317,500. As a result, on August 11, 2015, the Council rejected all construction bids and directed staff to revise the bid documents and solicit new construction bids for the subject project at a future date. ANALYSIS OF ISSUES: In response to Council direction on August 11, 2015, the City has directed Garing Taylor & Associates to perform additional work as follows:  Revise the Bid Specifications to remove the treatment plant and associated equipment to allow the City to purchase separately and furnish to the selected contractor for installation.  Provide construction management services as needed when the project is rebid and awarded. The Third Amendment to the Consultant Services Agreement expired on December 31, 2015. The Fourth Amendment will revive the agreement and extend the term to December 31, 2016. The Fourth Amendment also includes additional services and increases the “not to exceed” amount of services from $101,321.00 to $110,962.76. This will allow the City to rebid the construction project as directed by Council. All payments shall be verified on a monthly basis and the pricing is based on pre- established terms and hourly rates. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: - Approve staff’s recommendation; - Do not accept the recommendation; or - Provide direction to staff. ADVANTAGES: Approval of the Fourth Amendment will enable Garing Taylor & Associates to complete the project design and continue to assist staff through the project’s construction phase. Item 9.i. - Page 2 CITY COUNCIL CONSIDERATION OF A FOURTH AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES WITH GARING, TAYLOR & ASSOCIATES FOR THE WELL NO. 11 PROJECT, PW 2010-07 JANUARY 12, 2016 PAGE 3 DISADVANTAGES: The additional services will increase the project cost and may require a future transfer of funds. The amount of the future transfer will be dependent upon the actual construction bids received. ENVIRONMENTAL REVIEW: On May 13, 2014, Council adopted Resolution No. 4584 to approve a Negative Declaration for the project, in accordance with CEQA guidelines. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, January 7, 2016. The Agenda and report were posted on the City’s website on Friday, January 8, 2016. No public comments were received. Item 9.i. - Page 3 Attachment 1 AGREEMENT FOR CONSULTANT SERVICES AMENDMENT NO. 4 This Fourth Amendment (“Fourth Amendment”) to Agreement for Consultant Services Agreement (“CSA”) by and between the CITY OF ARROYO GRANDE (“City”) and GARING, TAYLOR & ASSOCIATES (“Consultant”) is made and entered into the ______ day of January 2016, based on the following facts: WHEREAS, the parties entered into a CSA dated September 20, 2010, for design and construction services for the Well No. 11 project, PW 2010-07; and WHEREAS, the parties entered into a First Amendment to CSA dated June 12, 2012 to revive and extend the contract term to December 31, 2013; and WHEREAS, the parties entered into a Second Amendment to CSA dated May 28, 2013 to include additional services and increase the not to exceed cost; and WHEREAS, the parties entered into a Third Amendment to CSA dated March 11, 2014 to revive and extend the contract term to December 31, 2015, and to include additional services and increase the not to exceed cost; and WHEREAS, the parties desire to revive and further modify the CSA as set forth herein. NOW THEREFORE, for valuable consideration the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. Section 1 (“TERM”) of the Agreement, shall be modified in its entirety to read as follows: This Agreement shall be revived and extended and remain and continue in full force and effect through December 31, 2016, unless sooner terminated pursuant to the provision of this Agreement. 2. Section 2 (“SERVICES”) of the Agreement, shall be amended to include the additional services to the CSA as specified in Exhibit “A” attached hereto and incorporated herein by this reference. 3. Section 5 (“PAYMENT”) of the Agreement, shall be amended to increase the “not to exceed” amount from $101,321.00 to $110,962.76. 4. Except as modified herein, all other terms and conditions set forth in the CSA, as amended, shall remain in full force and effect. Item 9.i. - Page 4 IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Fourth Amendment on the day and year first set forth above. CITY OF ARROYO GRANDE GARING, TAYLOR & ASSOCIATES By: By: Jim Hill, Mayor Its: (Title) Attest: Kelly Wetmore, Director of Legislative and Information Services/City Clerk Approved As To Form: Heather Whitham, City Attorney Item 9.i. - Page 5 Exhibit “A” Item 9.i. - Page 6