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Amendment No. 4 - Butier Engineering, Inc.

Manhattan Beach City Council
October 1, 2024

Document
Amendment No. 4 - Butier Engineering, Inc.
Meeting
October 1, 2024
Body
Manhattan Beach City Council
Original file
1.2 MB
Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

CONTRACT APPROVAL ROUTING SLIP

INTERNAL USE ONLY
Revised 8/2023
Department: City Staff:

Contractor/Consultant Information:

Contract with:

Name of Signer: Email:

Name of Signer: Email:

Name of Signer: Email:

Contract Details
Contract Type: Original Amendment Renewal Change Order Grant Other
Total Contract Amount: Amendment/Change Amount:

Budgeted: Yes No Line Item Account Number:

City Council Agenda Date: Staff Report No.:

Contract Start Date: Contract End Date:

Have services started? Yes No If yes, when did services begin:

Bidding Process: RFI RFP Bids (Public) Renewal (Amendments Only) Contract Description/Notes:

Required Documents (must be included when applicable)
Is W9 on file (MUNIS)? Yes; Vendor No: No; W9 attached Insurance Required? Yes No Insurance Waiver/Modification? Yes No Bonds Required? Yes No Verification of Authority to Sign? Yes No Verification of Corporate Entity? Yes No
Business License Required? Yes No If yes, number:

Is this a Sole Source Agreement? If yes, must attach justification. Yes No Notary for Management Services Signature Authority? Yes No If yes, which signatures? City Manager City Attorney City Co uncil Department, Legal, Risk Management, and Purchasing Review (please initial):

Department Manager Department Head
City Clerk’s Office Risk Manager Purchasing
If City Council approval is required, Clerk’s Office must initial after City Attorney signature.

City Clerk’s Office
Public Works - Engineering Division
Gil Gamboa and Tikneshea Hicks
Butier Engineering, Inc.

Mark M. Butier, Jr.
[email protected]
Dee Haynes (Copy)
[email protected]
Corrine Butier (Copy)
[email protected]
✔
$3,312,067.00
$350,025.00
✔
WA15836-CIP-Water
October 1, 2024
24-0335
Last Autorized Signer
June 30, 2025
✔
✔
Amendment No. 4 with Butier Engineering, Inc for 8MG Peck Resevoir Replacement Project. This amendment increases the Maximum Compensation by $350,025 for a new total of $3,662,092. Additional services are required. ✔
11433
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_______ Project Manager
August 18, 2020
Docusign Envelope ID: 5430C122-7B44-4E01-9A90-98A4AF10671C 9/10/2024

Approved for use 5/1/24
2817434v1.doc City of MB Form
AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF MANHATTAN BEACH AND BUTIER ENGINEERING, INC.

This Fourth Amendment (“Amendment No. 4”) 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 (“Original Agreement”).

B. On August 29, 2022 , the City and Consultant entered into Amendment No. 1 (“Amendment No. 1”) to increase the Maximum Compensation by $321,301 and modify the Scope of Services and Approved Fee Schedule approved by the City Council . On January 18, 2023 , the City and Consultant entered into Amendment No. 2 (“Amendment No. 2”) to increase the Maximum Compensation by $435,537 and modify the Scope of Services and Approved Fee Schedule approved by the City Council . On January 10, 2024 , the City and Consultant entered into Amendment No. 3 (“Amendment No. 3”) to extend the term to December 31, 2024.

C. The Original Agreement as amended by Amendment No. 1 , No. 2, and No. 3 is hereinafter referred to as the “Agreement.” D. The Parties now desire to amend the Agreement to increase the Maximum Compensation and modify the Scope of Services 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 2 of the Agreement is hereby amended to extend the term of the Agreement through June 30, 2025, unless sooner terminated as provided in Section 12 of the Agreement.

Section 2. Section 3.A of the Agreement is hereby amended to increase the Maximum Compensation amount by $ 350,025.00, for a new Maximum Compensation of $3,662,092.00.

Docusign Envelope ID: 5430C122-7B44-4E01-9A90-98A4AF10671C

-2-
Approved for use 5/1/24
2817434v1.doc City of MB Form
Section 3. Exhibit A “Scope of Services ” of the Agreement is hereby supplemented by the Scope of Services attached as Exhibit A-3 to this Amendment No. 4.

Section 4. Exhibit B “Approved Fee Schedule” of the Agreement is hereby supplemented by the Approved Fee Schedule attached as Exhibit B -3 to this Amendment No. 4.

Section 5. Except as specifically amended by this Amendment No. 4, all other provisions of the Agreement shall remain in full force and effect. [SIGNATURE PAGE FOLLOWS]

Docusign Envelope ID: 5430C122-7B44-4E01-9A90-98A4AF10671C

-3-
Approved for use 5/1/24
2817434v1.doc City of MB Form
IN WITNESS THEREOF, the Parties hereto have executed this Amendment No. 4 on the day and year first shown above.

City:

City of Manhattan Beach,
a California municipal corporation

By:

Name: Talyn Mirzakhanian
Title: Acting City Manager
Date:

ATTEST:

By:

Name: Liza Tamura
Title: City Clerk
Date:

APPROVED AS TO FORM:

By:

Name: Quinn M. Barrow
Title: City Attorney
Date:

APPROVED AS TO FISCAL IMPACT:

By:

Name: Onyx Jones
Title: Interim Finance Director
Date:

APPROVED AS TO CONTENT:

By:

Name: Erick Lee
Title: Public Works Director
Date:

Consultant:

Butier Engineering, Inc.,
a California corporation

By:

Name: Mark M. Butier, Jr.

Title: President/CFO
Date:

Docusign Envelope ID: 5430C122-7B44-4E01-9A90-98A4AF10671C 9/10/2024

A-1
Approved for use 5/1/24
2817434v1.doc City of MB Form
AMENDMENT NO. 4 – EXHIBIT A-3

SCOPE OF SERVICES

Construction Management and Inspection Services

Based on the recent baseline schedule update of the 8MG Peck Reservoir Replacement Project – Phase II, additional support is needed to coordinate work with the contractor, vendors, and City Water Operations staff toward the treatment system completion and start -up. The Consultant will provide Construction Management and Project Close -Out services to complete the project based on Exhibit B-3 hourly rates.

Additional Services

The Consultant will provide a Start-Up support engineer working in conjunction with the City Water Operations staff and the Designers of Record, Stantec Consulting Services, Inc., and Hazen and Sawyer. The Start -Up Engineer will be engaged throughout the additional work period to anticipate project completion.

Docusign Envelope ID: 5430C122-7B44-4E01-9A90-98A4AF10671C

B-1
Approved for use 5/1/24
2817434v1.doc City of MB Form
AMENDMENT NO. 4 – EXHIBIT B-3

APPROVED FEE SCHEDULE

Fee Schedule Hourly Rate:

CONSTRUCTION MANAGEMENT & INSPECTION SERVICES HOURS RATE TOTAL Senior Construction Manager 120 $220 $26,400.00
Resident Engineer 1200 $210 $252,000.00
Technical Support 10 $205 $2,050.00
Field Engineer 80 $160 $12,800.00
Project Administration 60 $75 $4,500.00
$297,750.00
ADDITIONAL SERVICES:

Start-up and Operations Engineering Support 255 $205 $52,275.00 $52,275.00
$350,025.00
TOTAL:

TOTAL:

GRAND TOTAL:

Docusign Envelope ID: 5430C122-7B44-4E01-9A90-98A4AF10671C  









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Docusign Envelope ID: 5430C122-7B44-4E01-9A90-98A4AF10671C Docusign Envelope ID: 5430C122-7B44-4E01-9A90-98A4AF10671C Docusign Envelope ID: 5430C122-7B44-4E01-9A90-98A4AF10671C Docusign Envelope ID: 5430C122-7B44-4E01-9A90-98A4AF10671C Docusign Envelope ID: 5430C122-7B44-4E01-9A90-98A4AF10671C Docusign Envelope ID: 5430C122-7B44-4E01-9A90-98A4AF10671C Docusign Envelope ID: 5430C122-7B44-4E01-9A90-98A4AF10671C Docusign Envelope ID: 5430C122-7B44-4E01-9A90-98A4AF10671C Docusign Envelope ID: 5430C122-7B44-4E01-9A90-98A4AF10671C Docusign Envelope ID: 5430C122-7B44-4E01-9A90-98A4AF10671C

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