CA Review GH
Meeting Date: March 26, 2024
To: President and Board Members
From: Scott Chadwick, Executive Manager
Staff Contact: Dave Padilla, Assistant General Manager/District Engineer [email protected], 442-339-2356
Neil Irani, Utilities Associate Engineer
[email protected], 442-339-2305
Subject: Amendment No. 5 to the Professional Services Agreement with NV5 Inc. for the Recycled Water Phase III Reservoir Project
District: 3
Reco
mmended Action
Adopt a Carlsbad Municipal Water District Board of Director’s resolution authorizing execution of Amendment No. 5 to the professional services agreement with NV5 Inc., to extend the agreement term and revise the labor rate schedule for the Recycled Water Phase III Reservoir Project.
Executive Summary
The Carlsbad Municipal Water District (CMWD) is building a new recycled water storage reservoir at the water storage facility on Black Rail Road and making related improvements at the site.
The CMWD Board approved a professional services agreement in 2016 with NV5 Inc. for engineering services to design the project (CMWD Board Resolution No. 1546). Staff are now requesting the CMWD Board’s approval of Amendment No. 5 to the agreement to extend the term for an additional year and revise the labor rate schedule effective through the completion of engineering services during construction. The previously approved not-to-exceed contract amount of $336,416 will remain unchanged and no additional funding is required.
The CMWD Board’s authorization is required to amend an agreement that costs more than $100,000 per agreement year under Carlsbad Municipal Code Section 3.28.040 - Procurement and disposition responsibilities (D)(1).
Explanation & Analysis
This project, Capital Improvement Program Project No. 5210, includes design and construction of the new water storage tank, the D-4 reservoir at the water storage facility on southeast corner of Poinsettia Lane and Black Rail Road, as shown on Exhibit 2. It will be the fourth reservoir to be constructed at the D-tank site. It is also the last remaining component of the Recycled Water Phase III Plan to expand the distribution and storage capacity of the CMWD’s recycled water system to meet the estimated recycled water demands of the 2012 Recycled Water Master Plan and its 2019 update.
The project is now in construction with a contract completion date of July 19, 2024.
March 26, 2024
Item #5 Page 1 of 9
During the project’s preliminary design phase in 2016, staff determined that new projections for future recycled water demands were needed. These were generated in the 2019 Recycled Water Master Plan, which confirmed the reservoir size and budget for the project. NV5’s engineering design was delayed until the master plan could be completed, and an agreement term extension was required.
• The original agreement authorized the Executive Manager to extend the term for one additional year. The Executive Manager did so in March 2018, approving Amendment No. 1 to the agreement, which extended the term until April 13, 2020. • The CMWD Board then approved Amendment No. 2 to the agreement in March 2020.
This amendment included additional scope to extend the permitting effort and the term of the agreement until April 13, 2022, to align with the extended project schedule. It also increased the consultant’s compensation by $26,800 for additional design services for a total not-to-exceed amount of $313,954.
• The Assistant Executive Manager executed Amendment No. 3 in December 2020 through authority based in Carlsbad Municipal Code Sections 3.28.040(C)(7)
3.28.040(C)(10). This amendment authorized additional landscape design services that were required by the conditional use permit and coastal development permit. This increased the contract amount by $22,462, for a total amount not to exceed $336,416. • The CMWD Board executed Amendment No. 4 to extend the term of the agreement for an additional two years to April 13, 2024, and to revise the labor rate schedule to account for city review, permit approvals, contract bidding, contract award and construction of the project.
Staff issued a notice to proceed with construction to the construction contractor on Sept. 18, 2023, for a contract duration of 210 working days. An additional one-year extension of the professional services agreement with NV5 will provide enough time to complete the construction phase services without additional compensation.
Fiscal Analysis
The project is funded by CIP Project No. 5210 – Recycled Water Phase III Reservoir Project.
Amendment No. 5 will not increase the total agreement amount of $336,416, which has already been encumbered. The table below provides a summary of the available funds and estimated costs:
Th
e construction contract and all construction phase inspection and support services required for project completion are fully encumbered and within the budget.
Recycled Water Phase III Reservoir Project
Capital Improvement Program Project No. 5210
Total appropriation to date $7,033,000
Total expenditures and encumbrances to date -$6,665,840 Total available funding $367,160
Amendment No. 5 (extend term and revise labor rate schedule) $0 Total estimated additional expenditures $0
Remaining balance $367,160
Additional appropriation requested $0
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Item #5 Page 2 of 9
Next Steps
Upon the CMWD Board’s approval of Amendment No. 5, staff will continue working with NV5 to support the completion of project construction.
Environmental Evaluation
This evaluation applies to the CMWD Phase III Recycled Water Project (CDP 2018-0011/SUP 2018-0001/PUB2018-0004, State Clearing House SCH# 2012091049). On Nov. 27, 2012, the CMWD’s Board adopted Resolution No. 1455, approving the project’s initial study/mitigated negative declaration and mitigation monitoring and reporting program (EIA 12-02).
On July 20, 2022, the Planning Commission approved a new conditional use permit and coastal development permit application (CUP 2020-0003/CDP 2020-0021/PUB 2019-0006) and found that no further environmental documentation was required (Resolution No. 7457).
The execution of Amendment No. 5 is within the scope of the adopted environmental studies and no further environmental study is required to comply with the California Environmental Quality Act, under CEQA Guidelines Section 15162.
Exhibits
1. CMWD Board resolution
2. Location map
March 26, 2024
Item #5 Page 3 of 9
RESOLUTION NO. 1730
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT, AUTHORIZING EXECUTION OF AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT WITH NV5 INC., TO
EXTEND THE AGREEMENT TERM AND REVISE THE LABOR RATE SCHEDULE FOR THE RECYCLED WATER PHASE Ill RESERVOIR PROJECT
WHEREAS, on April 12, 2016, the Carlsbad Municipal Water District, or CMWD, Board adopted Resolution No. 1546, approving an Agreement with NV5 Inc., a California corporation, or NV5, to provide engineering design services for the Recycled Water Phase Ill Reservoir Project, Capital Improvement Program, or CIP, Project No. 5210, or Project, for an amount not to exceed $287,154; and
WHEREAS, on March 28, 2018, the Executive Manager approved Amendment No. 1, which extended the term of the Agreement for a period of two years ending on April 13, 2020; and WHEREAS, the project was delayed beyond the Agreement completion date to confirm that the propo sed storage tank capacity was consistent with the projected recycled water system demands of the 2019 CMWD Recycled Water Master Plan; and
WHEREAS, on March 12, 2020, the CMWD Board approved Amendment No. 2, which extended the Agreement term for a period of two years ending on April 13, 2022, and authorized additional design phase services for the not-to-exceed amount of $26,800, resulting in a total not-to -exceed Agreement amount of $313,954; and
WHEREAS, on Dec. 21, 2020, the Assistant Executive Manager approved Amendment No. 3, which authorized landscape design services for the not-to-exceed amount of $22,462, resulting in a total not-to-exceed Agreement amount of $336,416; and
WHEREAS, on April 5, 2022, the CMWD Board approved Amendment No. 4, which extended the agreement until April 13, 2024, and revised the labor rate schedule , leaving the total not-to-exceed Agreement amount of $336,416 unchanged; and
WHEREAS, the Project is current ly under construction with a construction contract completion date of July 19, 2024; and
WHEREAS, staff desire to extend the term for an additional year and amend the labor rate schedule with the total not-to -exceed Agreement amount of $336,416 unchanged; and March 26, 2024 Item #5 Page 4 of 9
WHEREAS, the budget for the Project is sufficiently funded for the scope of work and costs related to thi s Agreement amendment ; and
WHEREAS, the execution of Amendment No. 5 is within the scope of the adopted environmental studie s and no further environmental study is required to comply with the California Environmental Quality Act, under CEQA Guidelines Section 15162.
NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of Director s of the City of Carlsbad, California, as follow s:
1. That the above recitation s are true and correct .
2. That the President of the Board is hereby authori zed and directed to execute Amendment No. 5 to the Agreement with NVS for the Project, which is attached hereto as Attachment A.
PASSED, APPROVED AND ADOPTED at a Special Meetin g of the Carlsbad Municipal Water District Board of Director s of the City of Carlsbad on the 26th day of March , 2024, by the following vote , to wit :
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
KEITH BLACKBURN, President
SHERRY FREISINGER, Secretary
(SEAL)
March 26, 2024 Item #5 Page 5 of 9
DocuSign Envelope ID: C3DA0283-B5DC--457F-9810--4DF3E09B6FE4 Attachment A UTIL1400
AMENDMENT NO. S TO THE AGREEMENT FOR ENGINEERING DESIGN
SERVICES FOR RECYCLED WATER STORAGE RESERVOIR AT THE D TANK SITE BETWEEN CMWD AND NVS, INC.
This Amendment No. 5 is entered into and effective as of the 1,(t-; day of M (. cub , 2024, extending and amending the agreement dated April 14, 2016, (the "Agreement ") by and between the Carlsbad Municipal Water District, a public agency organized under the Municipal Water Act of 1911. and a Subsidiary District of the City of Carlsbad, California ("CMWD") , and NV5, Inc., a California corporation ("Contractor") (collectively, the "Parties").
RECITALS
A. On March 28, Q018, the Parties executed Amendment No. 1 to the Agreement to extend the Agreement for a period of two (2) years; and
B. On March 12, 2020, the Parties executed Amendment No. 2 to the Agreement to add Corrditional Use Permit application services and extend the Agreement for a period of two (2) years; and C. On December 21, 2020, the Parties executed Amendment No. 3 to the Agreement to add landscape design services; and
D. On April 7, 2022, the Parties executed Amendment No. 4 to the Agreement_ to revise the fee schedule and extend the Agreement for a period of two (2) years.
E. The Parties now desire to amend the Agreement to extend the term for one (1) year and revise the fee schedule.
NOW, TH ERE FORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows:
1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year until April 13, 2025.
2. The fee schedule set forth in Exhibit "A" is hereby amended as set forth in Exhibit "A" Fee Schedule (AMENDED), attached to this Amendment No. 5 and incorporat ed in by this reference.
3. All other provisions of the Agreement, as may have been amended from time to time , shall remain in full force and effect .
4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement , as may have been amended from time to time, shall include coverage for thi s Amendment.
5. The individual s executing thi s Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have th e legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment .
General Counsel Approved Version 12/28/2022
1 March 26, 2024 Item #5 Page 6 of 9
DocuSign Envelope ID: C3DA028 3-B5DC-457F-9810-4DF3E0986 FE4
CONTRACTOR
NVS, INC., a California corporation
By:
(sign here)
Jeffrey M. Cooper, Senior Vice President
(print name/title)
By:
(sign here)
(print name/title)
UTIL1400
CARLSBAD MUNICIPAL WATER DISTRICT, a
Public Agency organized under the Municipal
Water Act of 1911, and a Subsidiary District of
the City of Carl ad
By:
luf
Keith Blackburn, President
ATTEST:
()a
Sherry Freisinger, Secretary
If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached . .!f....2 corporation, Agreement must be signed by one corporate officer from each of the following two groups .
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporat e seal empowering the officer(s) signing to bind the corporation .
APPROVED AS TO FORM:
CINDIE K. McMAHON , General Counsel
By: ___ b<_l,U._~--~- - --
Assistant General Counsel
General Counsel App roved Version 12/28/2022
2 March 26, 2024 Item #5 Page 7 of 9
2024 CHARGE RATE SCHEDULE
Office:
Technical Services
Engineering Aide/Planning Aide ............................................................................................................. $67.00/hour Project Assistant .......................................................................................................................................... $85.00/hour Project Administrator ............................................................................................................................... $110.00/hour CADD Technician II ................................................................................................................................ $122.00/hour CADD Technician III .............................................................................................................................. $134.00/hour Senior CADD Technician/Designer ..................................................................................................... $159.00/hour Professional
Junior Engineer/Planner/Surveyor ....................................................................................................... $122.00/hour Assistant Engineer/Planner/Surveyor .................................................................................................. $135.00/hour Principal Geologist .................................................................................................................................... $219.00/hour Senior Geologist ........................................................................................................................................ $184.00/hour Project Geologist ....................................................................................................................................... $171.00/hour Senior Engineer/Planner/Surveyor ....................................................................................................... $184.00/hour Project Manager ......................................................................................................................................... $238.00/hour Principal ...................................................................................................................................................... $311.00/hour Field
Surveying
1-Person Survey Crew (GPS) (Robotic) ................................................................................................ $226.00/hour 1-Person Survey Crew .............................................................................................................................. $179.00/hour 2-Person Survey Crew .............................................................................................................................. $308.00/hour 3-Person Survey Crew .............................................................................................................................. $408.00/hour Survey Manager ......................................................................................................................................... $232.00/hour Expenses
Plotting and In-House Reproduction .................................................................................................................... Cost Other Expenses - Including Subconsultants & Purchased Services through Subcontracts ............. 1.10 x Cost Mileage - Outside Local Area .................................................................................................. Per Accepted IRS Rate Rate are effective through December 2024. If contract assignment extends beyond that date, a new rate schedule will be added to the contract. Rates based on “Prevailing Wage” (PW) for Construction Management and Surveying will be determined by Project and County per California law.
EXHIBIT A (Amended)
DocuSign Envelope ID: C3DA02B3-B5DC-457F-9810-4DF3E09B6FE4 March 26, 2024
Item #5 Page 8 of 9
Exhibit 2
March 26, 2024
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