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