Approved for use 2/15/20
2034384v3.doc City of MB Form
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MANHATTAN BEACH AND BUTIER ENGINEERING, INC.
This Second Amendment (“Amendment No. 2”) to that certain agreement by and between the City of Manhattan Beach, a California municipal corporation (“City”) and Butier Engineering, Inc. , a California corporation, (“Consultant”) (collectively, the “Parties”) is hereby made effective as of the date of the last authorized representative signature below (“Effective Date”).
RECITALS
A. On August 18, 2020 , the City and Consultant entered into an agreement for professional services for the Consultant to provide construction management and inspection services for the 8MG Peck Reservoir Replacement Project (the “Original Agreement”).
B. On August 29, 2022 , the City and Consultant entered i nto Amendment No. 1 to increase the maximum compensation to be paid to Consultant (the “Maximum Compensation”) and modify the Scope of Services and Approved Fee Schedule. The Original Agreement, as amended by Amendment No. 1, is referred to herein as the “Agreement.”
C. The Parties now de sire to amend the Agreement to increase the Maximum Compensation and modify the Scope of Service s and Approved Fee Schedule.
NOW, THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereby agree as follows:
Section 1. Section 3.A of the Agreement is hereby revised to increase the Maximum Compensation amount by $ 435,537.00, for a new Maximum Compensation of $ 3,312,067.00.
Section 2. Exhibit A (“Scope of Services”) of the Agreement is hereby amended to add the attached Exhibit A of this Amendment No. 2.
Section 3. Exhibit B (“Approved Fee Schedule ”) of the Agre ement is hereby amended to add the attached Exhibit A of this Amendment No. 2.
Section 4. Except as specifically amended by this Amendment No. 2, all other provisions of the Agreement shall remain in full force and effect. [SIGNATURE PAGE FOLLOWS]
DocuSign Envelope ID: F0B596CF-1684-4D03-8794-F0ECB9573DFD
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2034384v3.doc City of MB Form
IN WITNESS THEREOF, the Parties hereto have executed this Amendment No. 2 on the day and year of the last authorized representative sign ature shown below.
City:
City of Manhattan Beach,
a California municipal corporation
By:
Name: Bruce Moe
Title: City Manager
ATTEST:
By:
Name: Liza Tamura
Title: City Clerk
APPROVED AS TO FORM:
By:
Name: Quinn M. Barrow
Title: City Attorney
APPROVED AS TO FISCAL IMPACT:
By:
Name: Steve S. Charelian
Title: Finance Director
APPROVED AS TO CONTENT:
By:
Name: Erick Lee
Title: Public Works Director
Consultant:
Butier Engineering, Inc.,
a California corporation
By:
Name: Mark M. Butier, Jr.
Title: President/CFO
DocuSign Envelope ID: F0B596CF-1684-4D03-8794-F0ECB9573DFD 1/4/2023
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2034384v3.doc City of MB Form
EXHIBIT A
December 16, 2022
City of Manhattan Beach
Department of Public Works
Office of the City Engineer
3621 Bell Avenue
Manhattan Beach, CA 90266
Attn: Gilbert Gamboa, P.E., City Project Manager
Subject: Amendment No. 2 – CM&I, Materials and Geotechnical, Additional Specialty Consulting Services for the 8 MG Peck Reservoir Replacement Project
Dear Mr. Gamboa:
Butier Engineering, Inc. (Butier) respectfully requests an additional $363,345.00 to complete our construction management, inspection, and materials testing scope services (CM&I). In addition, we are requesting $72,192.00 to address City’s requested additional Start-Up and Operational Support services. The additional costs are attributable to various project delays and City of Manhattan Beach directives for additional post-construction consulting services.
The original budget presented in June 2020 was developed based on a contract duration of 18 months. Butier Amendment No. 1 budgeted additional consulting, geotechnical and material testing services including Division of State Architect required inspections for new lighting improvements at the school district Begg Sports Field per Project Contract Change Order No. 1.
CM&I Services by Butier Engineering, Inc.
Butier’s original budget was developed based on a contract duration of 18 months represented in the original RFP. Butier staff indicated that the 18-month schedule was “aggressive” from the project’s outset. Additionally, City staff is fully aware of the issues that have extended the project’s final completion date an additional 6 months to mid-April 2023. Project staffing will be reduced as we reac h final completion. Based on the most recent baseline schedule update, the following additional fee schedule is require d to continue to provide field c onstruction management, inspection, and associated project start-up and close-out activities:
Senior Construction Manager: 320 Hrs. @ $220.00 70,400.00 Resident Engineer: 720 Hrs. @ $210.00 151,200.00
Electrical Support: 90 Hrs. @ $210.00 18,900.00
Field Engineer: 240 Hrs. @ $160.00 38,400.00
Scheduler: 50 Hrs. @ $210.00 10,500.00
Butier Engineering, Inc.: $289,400.00
DocuSign Envelope ID: F0B596CF-1684-4D03-8794-F0ECB9573DFD
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2034384v3.doc City of MB Form
Additional Services per City of Manhattan Beach:
The City has requested Butier to add Start -Up and Operational Support Services. Butier will provide a Start-up Support Engineer working directly with designated City operations staff, the general contractor (Pacific Hydrotech Corp.), and the design engineer of record (Stantec/Hazen and Sawyer). The Start-up Support Engineer will begin on our about mid- February 2023 and will support City operations staff two days per week through July of 2023. The City may wish to secure these services under a separate Purchase Order given the proposed support budget will be post-construction and during the early warranty period. These services were not included in the original CM budget.
Start-up and Operations Engineering Support: 384 Hrs. @ $188.00 $72,192.00
Current Subconsultants:
Specialty Inspection, Geotechnical and Materials Testing by Ninyo & Moore
Ninyo & Moore scope of work and budgeted hours were impacted due to the extended period of performance, changes in project sequencing on the primary reservoir and the offsite pipeline work, and additional materials testing demands. We are projecting an additional $73,945.00 through project completion. Scope of work items to complete include:
1) Sitework on civil plans, entire scope of concrete pavement, curb and gutter, street asphalt paving.
2) Remaining welding, manganese removal system, structural.
3) Onsite piping and trenching, duct banks on t he west side of t h e tank, remaining onsite chemical lines, approximately 500 feet.
4) Equipment anchorage, electrical, main switchboard, PLC cabinets.
Ninyo & Moore: $73,945 .00
If you have any questions regarding our proposal, please contact me for clarification at (714) 832-7222 or [email protected]
Respectfully Yours,
Butier Engineering, Inc.
Mark M. Butier Jr.
President/CFO
DocuSign Envelope ID: F0B596CF-1684-4D03-8794-F0ECB9573DFD