The URL can be used to link to this page

Home My WebLink About12 AMEND 1 TO AGMNT W/AKM CONSULTING ENG. (CIP 6150 & 6146) 08-07-07Agenda Item 12 __ ~ - - ~ ~ Reviewed: ~~ - ~ ~ AGENDA REPORT City Manager ~'' _ ~~' ~ Finance Director ~~ j5( MEETING DATE: AUGUST 7, 2007 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENTM/ATER SERVICES DIVISION SUBJECT: AMENDMENT NO. 1 TO CONSULTANT SERVICES AGREEMENT WITH AKM CONSULTING ENGINEERS, FOR THE TUSTIN AVENUE WELL PROJECT (CIP No. 6150) AND THE TUSTIN AVENUE AND 17T" STREET WATER MAIN REPLACEMENT PROJECTS (CIP No. 6146) SUMMARY Amendment No. 1 to the Consultant Services Agreement (CSA) between the City and AKM Consulting Engineers, will provide for increases in billing rates, preparation of a Noise Study, provision of Construction Management Services and Hydrogeologist oversight for the Drilling and Equipping Phases of the Tustin Avenue Well Project (CIP No. 6150). In addition, it will provide for the processing of permits through the County of Orange and City of Santa Ana for the Tustin Avenue and 17th Street Water Main Replacement Projects (CIP No. 6146) RECOMMENDATION It is recommended that the City Council approve Amendment No. 1 to the Consultant Services Agreement with AKM Consulting Engineers for the Tustin Avenue Well Project (IP No. 6150) and the Tustin Avenue and 17th Street Water Main Replacement Projects (CIP No. 6146) and authorize the Mayor and City Clerk to execute the Amendment on behalf of the City. FISCAL IMPACT The FY 2007-2008 Capital Improvement Program Budget provides project funding of $1,975,000 for the Tustin Avenue Well Project (CIP No. 6150), and $25,000 for the Tustin Avenue and 17th Street Water Main Replacement Project (CIP No. 6146). Amendment No. 1 is in the amount of $141,310 and there is sufficient funding to cover this work within both project accounts. BACKGROUND On August 5, 2002, the City Council approved a CSA in the not to exceed amount of $224,814 with AKM Consulting Engineers for the Tustin Avenue Well Project (CIP No. 6150) and the Ponderosa Avenue Water Main Replacement Project (CIP No. 6146). The project scope included the preparation of plans, specifications, estimates and construction support for the drilling and equipping of a new well facility on the City's existing Tustin Avenue Well site. Also included was the design of a new waterline (Ponderosa Avenue Water Main) to connect the new well to the City's distribution system. Amendment No. 1 to Consultant Services Agreement with AKM Consulting Engineers August 7, 2007 Page 2 City staff is in the process of initiating the preparation of environmental documentation for the project. To date, AKM has expended $59,045.85 of the original $224,814 Contract authorization. The expenditures included the preparation of site surveys, development of facility layouts, creation of building elevations, completion of well drilling documents, and participation in several meetings with outside agencies. The following listing provides a status update on tasks completed to date as well as the items to be addressed in Amendment No. 1: Research and investigation. All scope elements were completed in August 2002. Although the work was completed, the researched information gathered for the project is now five (5) years old. • Preliminary Facility Layout and Concept Plan, Preliminary Well Design Memorandum. Sitq surveys were completed in early 2003. The design study for well construction was completed in late 2002. The City of Tustin has recently requested AKM to utilize Geoscience as the new project Hydrogeologist. Geoscience recently completed work on the Pasadena Avenue Well (CIP No. 6130). Geoscience did an exceptional job and the City would like Geoscience to take the lead on the Tustin Avenue Well Project (CIP No. 6150). Mestre Greve and Associates will also prepare a Noise Assessment Report to be included in the environmental documentation. • Well Drilling Construction Services. Geoscience will provide well drilling construction services. In addition, AKM will provide construction management services. Wellhead Design. The off-site pipeline plans (CIP No. 6146) (including traffic control plans and specifications) were completed in 2004. The work included securing permits from both the County of Orange and the City of Santa Ana. Both permits have expired, and resubmittal to both agencies will be required. AKM is requesting a budget amendment to provide for increases in billing rates of AKM and its subconsultant; and to restore hours to repackage the waterline plans into construction documents. • Wellhead Construction Phase Services. No work has been undertaken on this phase of the work. AKM requests a budget amendment to address increases in the rate structures of AKM and its subconsultants. Amendment No. 1 to Consultant Services Agreement with AKM Consulting Engineers August 7, 2007 Page 3 Based on the additional services needed to complete the project, AKM Consulting Engineers has submitted a request for additional compensation in the amount of $141,309.85. Their request includes an increase in hourly rates based on the increase of the Consumer Price Index (CPI) since the contract was awarded in 2002. Staff has reviewed AKM's request and found it to be reasonable. It is, therefore, recommended that the City Council approve Amendment No. 1 to the CSA with AKM Consulting Engineers for the Tustin Avenue Well Project (CIP No. 6150) and the Tustin Avenue and 17th Street Water Main Replacement Projects (CIP No. 6146). The City Attorney has reviewed the amendment and has signed it "Approved as to Form". .~~% Tim D. Serlet Director of Public Works/City Engineer Attachment: Amendment No. 1 Location Maps Frederick J. dj rian Water Services an er S:\City Council Items\2007 Council ItemsWmend #1 to CSA AKM TAW.doc z_ ~_ O U W ~ W U ~ ~ N Q Z ~~ V SOa L__ L_I ~ _- z ~--- M 3~V~Vd -- w ~, ~ ~ ~ Q J r~ ~Wbl'd~ i ~_ _ --- f _---I z - I ~-- .~ i I 1 ~ -- -- i ' < - dW i~ 3~o~a1sN3 w O ~ ~- ^ -~~ ~~ i~ i"~r - ~ H ~1 ~_ ~ - ~ - ---~- m I I ~ _ 0 __ _ -~-- ~ ~ z z z ~\ °m prARS~JALL ' ~. I I I ~ i. II - ~ ~-- --~ - I f- w ___ ~ _\ -- cn ,\ I ~ -__ _ ~ / / \\ 1'Iw ~i1, ~aJ ~~I.) ^ ^ ~ ~ ^ en e r~~nr~~ ~o ~,li.l . I /,~ ~ I O O z a.. w Q z f= z N N F- Q W I J w 0 z Q J W W Q J J Q (/~ z 0 z Q J W Q z ~-- U w I.. ~ i i z ~- 0 ~_ U O z z w w U Q w z Q w Q ,- w W 0 z Q w z w Q z cn w Q z U W O DUE TO THE VOLUMINOUS NATURE OF THE CONSULTANT'S PROPOSAL FOR THE TUSTIN AVENUE WELL PROJECT/TUSTIN AVENUE AND 17T" STREET WATER MAIN REPLACEMENT PROJECTS, IT HAS NOT BEEN INCLUDED IN THE AGENDA REPORT. A COPY OF THE ATTACHMENTS WHICH INCLUDE THE CONSULTANT'S PROPOSAL IS AVAILABLE FOR VIEWING AT THE CITY CLERK'S OFFICE OR THE PUBLIC WORKS DEPARTMENT. AMENDMENT NO. 1 TO CONSULTANT SERVICES AGREEMENT FOR ADDITONAL DESIGN/ENGINEERING SERVICES FOR THE TUSTIN AVENUE WELL PROJECT (CIP N0.6150) AND TUSTIN AVENUE AND 17T" STREET WATER MAIN REPLACEMENT PROJECTS (CIP N0.6146) THIS AMENDMENT NO. 1 TO CONSULTANT SERVICES AGREEMENT ("Amendment No. 1 ") is made and entered into this day of , 2007, by and between the CITY OF TUSTIN, a municipal corporation, hereinafter referred to as "City", and AKM Consulting Engineers. a California corporation, hereinafter referred to as "Consultant." RECITALS WHEREAS, City and Consultant entered into a Consultant Services Agreement as of March 4, 2002, (the "Agreement") for design and engineering services for the Tustin Avenue Well Replacement Project (CIP No. 6150) and the Tustin Avenue and 17tH Street Water Main Replacement Projects (CIP No. 6146); and WHEREAS, City and Consultant desire to amend Section 4 of the original Agreement to: (1) allow for CPI increases in billing rates for AKM Consulting Engineers', subject to City's written approval; (2) for costs related to construction management services at the Tustin Avenue Well site during the well drilling operations; (3) preparation of a study assessing potential noise impacts for drilling, construction and operation of the new well through sub-consultant, Mestre Greve and Associates; (4) allow AKM Consulting Engineers to sub-consult with Geoscience as project hydrogeologist for the Tustin Avenue Well Replacement Project (CIP No. 6150);. and (5) process permit applications through the City of Santa Ana and County of Orange for the Tustin Avenue and 17t" Street Water Main Replacement Projects (CIP No. 6146). NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions contained herein, and upon the terms and conditions hereinafter set forth, the parties agree as follows: AGREEMENT Section 1: Section 4 of the Agreement is amended. Section 4 of the Agreement is hereby amended in its entirety to read as follows: Section 4: Compensation A. The compensation to be paid under the original Agreement shall be as set forth in Exhibit "A", and shall not exceed a total cost of $224,814.00. B. The compensation to be paid under Amendment No. 1 as set forth in Consultants proposal, dated June 21, 2007 (Exhibit "B"), shall not exceed a total cost of $141,310.00. C. Consultant shall submit detailed monthly invoices, based upon the actual work performed, accompanied by backup documentation as requested by the City. D. Progress payments for work completed shall be paid by the City as the work progresses, within thirty (30) days of receipt of Consultant's invoice, and appropriate back up documentation. E. Consultant shall provide City with a brief monthly synopsis of all tasks performed, and the fees accrued thereon, in complete and sufficient detail to fully apprise City of work progress. Section 2: Except as expressly amended herein, all other provisions of the original Agreement remain in full force and effect. Section 3. Miscellaneous A. If any term, covenant, condition, or provision of this Amendment No. 1, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Amendment No. 1, or the. application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 2 B. This Amendment No. 1 shall be governed and construed in accordance with the laws of the State of California. In the event of any legal action to enforce or interpret this Amendment No. 1, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure section 394. C. Each signatory to this Amendment No. 1 hereby warrants and represents that each has been authorized to enter into this Amendment No. 1 on behalf of the entity for whom they sign. IN WITNESS WHEREOF, this Amendment No. 1 was executed by the parties on the day and year written above. "CITY" CITY OF TUSTIN By: Lou Bone, Mayor ATTEST: Pamela Stoker, City Clerk APPROVED AS TO FORM: Douglas C. Holland, Ci Attorney "CONSULTANT" AKM Consulting Engineers B ~-z~.~ v~ i Kayiran President S:\CSA & RFP\2007\Amend #1 CSA AKM -Tustin Ave Well.doc 3