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Home My WebLink AboutResolution 1984 - 0156RESOLUTION NO.84-156 APPROVING ADDENDUM NO.10 TO AGREEMENT WITH BUTlER ENGINEERING,INC.FOR CONSTRUCTION MANAGEMENT SERVICES RELATED TO ALL CONTRACTS FOR THE CONSTRUCTION OF 75 MGD IMPROVED TREATMENT FACILITIES AT PLANT NO.2 A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF COUNTY SANITATION DISTRICTS NOS.1,2,3,5, 6,7 AND 11 OF ORANGE COUNTY,CALIFORNIA, APPROVING ADDENDUM NO.10 TO AGREEMENT WITH BUTlER ENGINEERING,INC.FOR CONSTRUCTION MANAGEMENT SERVICES RELATED TO ALL CONTRACTS FOR THE CONSTRUCTION OF 75 MGD IMPROVED TREATMENT FACILITIES AT PLANT NO.2,INCLUDING JOBS NOS.P2—23,P2—24,P2—25—IA,P2—25—2,P2—26, ET.AL. WHEREAS,the Districts have heretofore entered into an agreement dated May 25,1977,and Addenda Nos.1 through 9,inclusive thereto,with Butier Engineering,Inc.for construction management services related to construction of the 75 MGD Improved Treatment Fcilities at Plant No.2,including Jobs Nos.P2—23,P2—24,P2—25—2,P2—26,et.al.;and, WHEREAS,the Districts have heretofore entered into an agreement dated December 9,1981,and Addenda Nos.1 and 2 thereto with Butier Engineering,Inc. for construction management services related to construction of Flow Equalization Facilities (Job No.P2—25—IA),which is a portion of the overall construction project for construction of 75 MGD Improved Treatment Facilities at Plant No.2; and, WHEREAS,actual construction of the various facilities constructed pursuant to Jobs Nos.P2—23,P2—24 and P2—25—IA have been completed;and, WHEREAS,prior to the final closure of the grant agreements with the U.S.Environmental Protection Agency and the State of California Water Resources Control Board,additional construction management assistance is needed for the processing and review of pending change orders and grant claims and audit appeals;and, 0 WHEREAS,the Districts,in preparing for the closing of all agreements relating to the several jobs,have conducted their own internal audit,and have determined that certain charges for services are more accurately accounted for by a general charge to Jobs Nos.P2—23 and P2—24,thus requiring certain reallocations of previously—authorized sums for construction management services without increasing the total amount of authorized fees;and, WHEREAS,the Districts have determined that the additional services for change order review and grant claims and appeals review will be required for a period of several months;and, WHEREAS,the Districts have received.a proposal from Butier Engineering to provide the additional services relating to claims review and change order review on Jobs Nos.P2—23 and P2—24,for a.fee determined by the Districts to be fair and equitable. NOW,THEREFORE,the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7 and 11 of Orange County,California, DO HEREBY RESOLVE,DETERMINE AND ORDER: Section 1 That Addendum No..10,dated September 12,1984,to that certain agreement for construction management services re.Improved Treatment Facilities at Treatment Plant No.2 dated May 25,1977,by and between County Sanitation District No.1,acting for itself and on behalf of County Sanitation Districts Nos.2,3,5,6,7 and 11 of Orange County,California,and Butler Engineering, Inc.,is hereby approved and accepted in accordance with the scope set forth below. Section 2 The Districts hereby approve additional construction management services for District relating to all contracts for Jobs Nos.P2—23 and P2—24, including particularly,but not limited to the study,review processing and submittal of reports and related efforts pertaining to the final processing of grant contracts with U.S.Environmental Protection Agency and State Water —-4 Resources Control Board,and U.S.Corps of Engineers and any other regulatory agencies charged with the responsibility for grant administration and auditing. Section 3 Districts hereby ratify and reaffirm their authorization of Engineer to perform construction contract administration services for Jobs Nos.P2—23 and P2—24,during the period of February 1,1983 to September 15, 1983,during which the Jobs were not yet completed. Section 4 The maximum authorization for fees payable to Butler for construction management services rendered to Districts pursuant to Addendum No.6,is hereby reduced from $112,000.00 to $74,000.00;and that reduction sum of $38,000.00 is hereby approved for general construction management services for Jobs Nos.P2—23 and P2—24,with no increase in the previous maximum authorization of $2,025,525.00. Section 5 The previous maximum authorization for construction management services rendered by Butler to Districts pursuant to Agreement dated December 9, 1981,for Job No.P2—25—LA is hereby reduced from $109,250.00 to $95,250.00,and that reduction sum of $14,000.00 is hereby approved as an increased authorization for general construction management services rendered for Jobs Nos.P2—23 and P2—24,to increase the maximum authorization for construction management from $2,025,525.00 to $2,039,525.00. Section 6 In consideration for the additional services to be provided by Butier to Districts as defined in Section 2 above,Districts shall pay a total additional sum of not to exceed $48,000.00,thereby increasing the total compensation for the services provided under the Basic Agreement and Addenda Nos.1 through 10,inclusive,from $2,039,525.00 to $2,087,525.00,all in accordance with the same terms and conditions as otherwise specified in Article VII,and the other provisions of said Agreement and all Addenda thereto. Section 7 The authorized term of the Agreement is hereby extended to June 30,1985. Section 8 That certain supplemental agreement dated September 12,1984, by and between Districts and Butler entitled Supplemental Agreement re Construction Management Services,relating to the resolution of disputed claims for services rendered is hereby approved. Section 9 That the Chairman and Secretary of District No.1,acting for itself and on behalf of Districts Nos.2,3,5,6,7 and 11 of Orange County, California,are hereby authorized and directed to execute said Addendum No.10, and the Supplemental Agreement re Construction Services. PASSED AND ADOPTED at a regular meeting of the Boards of Directors this 12th day of September,1984. STATE OF CALIFORNIA) SS. COUNTY OF ORANGE I,RITA J.BROWN,Secretary of the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7 and 11 of Orange County, California,do hereby certify that the foregoing Resolution No.84—156 was passed and adopted at a regular meeting of said Boards on the 12th day of September,1984,by the following vote,to wit: AYES:Ruth Bailey,Oscar Brownell,Richard Buck,Buck Catlin,Sam Cooper,Norman Culver,Richard B.Edgar,Henry Frese,Don R.Griffin,Dan Griset,Robert Hanson,Evelyn Hart,James Neal, Carrey Nelson,Richard Olson,Ron Pattinson,Bob Perry, RuthelynPiummer,Don Roth,Donald 3.Sa].tarelli,David Sills, Don E.Smith,Roger Stanton,Charles Sylvia,John Thomas,Henry W.Wedaa NOES:None ABSENT:John Holmberg,Carol Kawanami,Richard Partin,James Wahner, Martha Weishaupt IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of County Sanitation District No.1 on behalf of itself and Districts Nos.2,3,5,6,7 and 1].of Orange County,California,this 12th day of September,1984. ~. Rita 3.BrowX,Secretary Boards of Directors,County Sanitation Districts Nos.1,2,3, 5,6,7 and 11 of Orange County, California