Reso 0596-06/1981 105
RESOLUTION NO. 596
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE SAN MARCOS COUNTY WATER DISTRICT
AUTHORIZING THE VISTA SANITATION
DISTRICT TO EXECUTE THE THIRD AMENDMENT
TO CONTRACT WITH LOWRY & ASSOCIATES
REGARDING CONSTRUCTION CONTROL SERVICES
FOR PHASE III ENLARGEMENT AND UPGRADING OF
THE ENCINA WATER POLLUTION CONTROL FACILITY
WHEREAS, the VISTA SANITATION DISTRICT, CITY OF CARLSBAD, LEUCADIA
COUNTY WATER DISTRICT, SAN MARCOS COUNTY WATER DISTRICT, BUENA SANITATION DIS-
TRICT, AND ENCINITAS 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 WATER POLLUTION CONTROL FACILITY: and
WHEREAS, pursuant to the Seventh Supplementto the Basic Joint
Powers Agreement, Phase III Enlargement and Upgradin9 of the joint sewer
system is in progress; and
WHEREAS, the VISTA SANITATION DISTRICT is the administrator of
Phase III Enlargement and Upgrading, as required by Section 2 of the aforesaid
Seventh Supplement to the Basic Agreement; and
WHEREAS, pursuant to prior approval of all members of the Joint
Powers, VISTA SANITATION DISTRICT has heretofore entered into a written contract
with LOWRY & ASSOCIATES CONSTRUCTION CONTROL SERVICES dated February 7, 1979,
for the latter's servi.ces as construction manager for the Phase III Enlargement
and Upgrading; and
WHEREAS, pursuant to prior approval of all members of the Joint
Powers, the said contract has been heretofore amended twice, namely, on
February 13, 1980, and November 20, 1980; and
WHEREAS, 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 EPA grant funds from March 20, 1981, to mid-
September 1981; and by increased cost to LOWRY & ASSOCIATES resulting from the
freeze of EQP funds; and
WHEREAS, on May 27, 1981, the proposed Third Amendment to the con-
tract with LOWRY & ASSOCIATES was considered by the Joint Advisory Committee to
-1-
AMENDMENT NO. 3
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 Facility
executed February 7, 1979, Amendment No. 1 executed February 13, 1980 and
Amendment No. 2 executed November 20, 1980.
II. REASON FOR AMENDMENT
Whereas the Owner and Construction Manager recognize that certain
significant changes in: (1) 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.
III. 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 Contract Nos. l, 2, 3/4, 5, 6, 7, 8, 9
and lO/ll 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 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, Inclusive
of All Subcontracts and Fixed
Professional Fee: $2,304,127
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 Exhibit "A", paragraph A, Construction
Manager agrees that the maximum cost ceiling allowed shall
be $2,304,127.
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 is completed.
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 SANITATION DISTRICT
By:
Date:
-4-
EXHIBIT A
AMENDMENT 3
to the
MASTER AGREEMENT
EXHIBIT A to AMENDMENT 3 to the MASTER AGREEMENT
ENCINA PHASE III PROJECT
ESTIMATED TOTAL COST OF CONSTRUCTION MANAGEMENT SERVICES
Projected Costs to Finish
1981
8 months at $60,000/mo. = $480,000
1982
7 months at $60,000/mo. = 420,000
5 months at $55,000/mo. = 275,000
1983
6 months at $35,000/mo. : 210,000
$1,385,000
Actual Cost to Date (4/22/81 billing)
Step 2 Services $361,556
Step 3 Services 557,571
$ 919,127
TOTAL ESTIMATED COST: $2,304,127
EXHIBIT A - Page I
ENCINA PHASE III PROJECT
JUSTIFICATION STATEMENTS'AND
SUMMARY OF COST INCREASES FOR
CONSTRUCTION MANAGEMENT SERVICES
A. Construction Management Service Scope Changes
1. Extension of Avenida Encinas
Originally planned services were based on Brown 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
l, 2, 3/4, 5, 6, 7, 8, 9 and lO/ll.
The significant difference is the additional grading, offsite
utilities relocation, and sewer relocation required by the
extension of Avenida Encinas per the City of Carlsbad use
permit. -
Estimated Cost $335,000
2.Addition of CPM Services to Construction Management Services
Contract
Estimated Cost $100,000
B.Time Factors Affecting the Scheduled Activities
On March 20, 1980 President Carter froze the EPA funds for
Grants to wastewater projects. Funds were not released
until mid September 1981. This resulted in a six months
delay in the advertizing for bids on Contract lO/ll.
Estimated Cost $360,000
C. -Contractor Performance
1. Brinderson Corporation, the Contractor 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 lO/ll
EXHIBIT A - Page 2
were diverted to other projects. Brinderson hired new
personnel for the Encina project. The contractor's
problems in personnel orientation, coordination and
shifting of assignments has caused an estimated two
months delay in the start of construction.
Estimated Cost $100,000
2. 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 estimated cost is $ 60,000
3. E. V. Harris, Contractor for the operations building, is
taking a claims oriented approach to his contract. This
requires additional documentation and numerous long
meetings to prevent an adversary relationship and potential
litigation.
Estimated Cost $ 10,000
D. 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. The
increased hourly rates would apply for a 12 month extension
to the originally planned work.
Estimated Cost $129,000
TOTAL ESTIMATED CHANGE OF SCOPE COST INCREASE $1,137,000
(Tdtal of A through D)
EXHIBIT A - Page 3
ENCINA PHASE III PROJECT
NOTES AND CALCULATIONS
A. 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
Encinas
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 Avertida Encinas
Estimated Cost = 245,732 x 1/2 = $123,000
2.Addition of CPM Services to Construction
Management Services Contract
Negotiated Amount = $100,000
B. Time Factors Affecting the Scheduled Activities
See Figure I
4 months @ 15,000/me. = $ 60,000
6 months @ 50,O00/mo. : $300,000
C. Contractor Performance
1. See Figure I
2 months @ 50,O00/mo. = $100,000
2. One secretary full time for 24 months and
increased time for Resident Engineer
24 x 2,500/mo. = $ 60,000
24 x 667/mo. = $ 16,000
3. 18% of Resident Engineer time for six months
6 x 1,667/me. = $10,000
D. Other Cost Factors
1. 50% of Field Engineer time for six months
25% of Inspectors time for six months
6 (.5 x 6,500 + .25 x 5,000) = $ 27,000
EXHIBIT A -
2. Comparison of salary increases and increases due to extended time
of project longer than originally contemplated (3.5 years vs. 2.5 years)
Comparison of hourly rates for the years shown
Dollar/Hr.
1979 1981 Increase
Principal-in-Charge 34.50 42.00 7.50
Project Manager 22.50 28.00 5.50
Resident Engineer 21.00 --
Field Engineer 15.50 16.50 1.00
Field Inspector 12.50 16.00 3.50
Secretary 6.00 9.50 3.50
Draftsman 11.00 19.00 8.00
3.5
Principal-in-Gharge 420 x ~ x 7.50 = 4,410
3.5
Project/Manager/R.E. 5,313 x ~ x 5.50 :. 40,910
3.5
Field Engineer 4,911 x ~ x 1.00 = 6,875
3.5
Inspector 10,121 x ~ x 3.50 : 49,593
3.5
Secretary 5,490 x ~ x 3.50 : 26,901
128,689
Say $129,000
EXHIBIT A - Page 5
ESTIMATED TOTAL COSTS FROM PAGE I $2,304,127
ORIGINAL NEGOTIATED COST CEILING (1,167,028)
$1,137,099
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.
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
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FROM APRZL 1979 TIIROHCH JANUARY 1981
LOI4Ry CCS LO~RY CCS
JAN
HA.R
APR $ 11,065 $11,065 '$11,065 --
HAY 18,974 $558 19,532 18,974 $558 3
JUN Y,772 4,030 11,802 7,7Y2 4,030
3UL 2°263 -0- 2,263 2,263 -O-
AUG 4,89Y 1,388 6,285 4,897 1o388 22
8EP 2,683 -0- 2,683 2,683 -O-
OCT 17~36Y 2,172 19,539 1Y,357 2,172 11
NOV 14,825 -0- 14,825 14,825 -O-
DEC 18,767 -O- 18,767 18,767
2YoY65 3,734 31,499 27,Y65 3,Y34 12
JAN 29,205 4,7Y5 33,981 29,205 4,Y76 146
FEB 27,182 5,119 32,301 2Y.182 5,119 16
~ 20,550 2,241 22,791 20,550 2,2461 10
Almi 28,~59 2.292 30,751 28,459 2,292 7
HAY 29,880 10,485 40.366 29,880 I0,486 26
JUN 13,277 -O- $ 7.,550 $4,166 24,993 20,827 4,166 17
JUT.. 20.057 12.580 32.737 20.057 12.580 39
AUG 25,693 19,189 44,882 25.693 19,189 43
SF.!' 32.503 17,352 49,855 32.503 17.352 35
OCT 29,748 3,938 36.248 21,010 90.944 65,996 24,948 · 27
NOV 3,697 1.449 32.930 18.856 56,932 36.627 20.305 36
DEC 4.302 213 31,692 12,512 48,719 35,994 12,725 26
JAN 92,942 -O- $68,869 $23,099 $94,910 971,811 923,099
F~ . 37,O23 19,465 56.488 37,023 19,455 346
HAlt 2,960 580 34,178 16,921 54.539 37,138 17,501 19
APR 37,728 8,732 46,460 37,728 8,732 19
HAY
JUN
JUL
AUG
8E3'
OCT
NOV
TOI'AL 9318,580 $42,976 93646,471 9173,982 $900,009 9683o051 ~216,958
PatX 20, 1981
ENCINA JOINT POUER8
ACTUAL BILLINGS FOR CONSTRUCTION HANAG~ENT SERVICES (STEP 39
~OM J~E 1980 THROUGH HARCH 1081
CONTRACTS
1 2 3/~ 5 6 7 8 9 I0/11 TOTAL
MAT
~ $ 9,~00 $ 20316 ~ 11,716
~ 22,2~0 10.~97 32,737
A~ 29,830 15.052 ~,882
~ 26,004 5,30~ 15,949 ~70258
NOV 29,717 7,~14 14,655 510786
DEC 180173 7,3~0 18,691 ~4020~
J~ ~1.40~ S30719 ~1.~32 ~1.270 33.171 2~.229 2~0127 01.313 91,968
~ ~ 391 191 537 182 4~8 17082~ 13,4~ 3~.023 8.~2 7~,603
I 33~ 101 270 9,756 1~,130 17.958 8,5~2 ~1,101
~ S~O 1,016 295 6,450 13.110 7.9~ 17.131 ~6,~61
J~
S~
D~
JAN
I APt
9HA!
e. JUN
2 JUt.
SEP
OCt
mac EXHIBIT A - Page 9
TOTAL S 391 $2,1&8 $5,606 $1,715 $2,293 $245,732 $86,213 $177,92s $35,SA8 $557,57T
ENCINA JOINT PO~ER~
PROJECTED BILLINGS FOR CONSTRUCTION P~J~AGDtENT SERVICES
FRON JAnUARy 1981 THROUGH JU~E 1983
Contracts
I 2 31k 5 6 7 6 ' 9 !O/ll TOTAl.
JA~ $ 600 $1,000 $ 2,700 $ 800 $ 1,100 $12,000 $ 9.000 $ 16,000 S 9°300 S 52,500
FEE 600 l,OO0 2.400 800 1,100 12,000 9.000 )6,000 9,600 52,500
~ 600 1,000 2,200 800 1,100 11,O00 9,000 16,000 10,800 52,500
I APR 1,300 1,0OO 2.100 1,800 1,100 10,000 9,000 16.000 IS.O00 57,300
9 PAT 1,300 1,900 2,000 1,900 1,100 9,000 9,OO0 16,000 15,100 57,300
8
I JU~ 1,500 2,000 2,100 1,900 2,300 9,000 8,500 15,000 15,000 57,300
JUL 1,500 2.000 2,000 8,000 8,000 15,000 20,800 57,300
AUG 1,300 2,000 2,000 5,000 7,000 14,000 26,000 57,300
SEF 1,300 2,000 2.000 4,000 5,000 12,000 31,000 57,300
OC"~ l,OOO 2,000 1.000 2,000 4.000 lO.O00 37,300 57,300
NOV 2.000 1.000 2,000 5,000 47,300 57,300
DEC 2,000 1.000 3,000 51,300 57.300
JA!,; 2.000 .~. 900 56.900
~ 2.000 54.900 56.900
H/~ 56;900 56.900
I APR 56.900 56.900
9 PAy 56.900 56,900
,JUt;
2 56,900 56,900
JUI. 56,600 56°400
AUG 51,100 51,100
SEF 51,100 51,100
O~ 51,100 51,100
NOV 46,000 4 b, 000
DEC 46,000 46,000
JA:; 43.300 ~3.300
FF.B 43.300 63.300
~,,E 43.300 43.300
APR 24,400 2~,,400
PAY 26,400 26,400
JUX 24,400 24,400
· OiAL $ $11,000 $7°900 $29,500 $8.000 $16.800 $82,000 $79.500 $154,000 $1,130,7G0 $1,519,400
EXHIBIT A - Page 10
107
Resolution No. 596
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 District that the VISTA
SANITATION DISTRICT be authorized to execute the Third Amendment to the contract
between said District and LOWRY & ASSOCIATES, a copy of which is attached hereto,
marked Exhibit "A", and is incorporated herein.
NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the SAN
MARCOS COUNTY WATER DISTRICT as follows:
Section 1. That the Board of Directors of this District hereby
authorize the VISTA SANITATION DISTRICT, as administrator
of Phase III Enlargement and Upgrading of the ENCINA
WATER POLLUTION CONTROL FACILITY to execute, in the form
shown in Exhibit "A" hereto, the Third Amendment to the
Agreement for Construction Management Services between
VISTA SANITATION DISTRICT and LOWRY & ASSOCIATES.
PASSED, APPROVED AND ADOPTED, at a regular meeting of the Board of
Directors on the 15th day of June, 1981, by the following roll call votes:
AYES: Directors: Holm, Waller, Mason, Mahr, Ferguson
NOES: Directors: None
ABSTAIN: Directors: None
ABSENT: Directors: None
- ATTEST:
retary o n Marcos
ter ri ct
: