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Home My WebLink About2019-12-17; Municipal Water District; Resolution 1628RESOLUTION NO. 1628 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH VALLEY CM, INC. FOR ADDITIONAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES IN AN AMOUNT NOT TO EXCEED $184,400 FOR THE RECYCLED WATER PHASE Ill PIPELINE EXPANSION SEGMENT 5, CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT NO. 5208-B AND THE MISCELLANEOUS PIPELINE REPLACEMENTS, CIP PROJECT NO. 3904. WHEREAS, on Oct. 16, 2018, the Board of Directors of the Carlsbad Municipal Water District (Board) of the City of Carlsbad, California approved a PSA with Valley CM, Inc. (Consultant) to provide construction management and inspection services for construction of the Recycled Water Phase Ill Pipeline Expansion Segment 5, CIP Project No. 5208-B, and Miscellaneous Pipeline Replacements, CIP Project No. 3904 (Project), in an amount not to exceed $899,620; and WHEREAS, numerous underground utilities conflicts were discovered by the construction contractor during pre-construction investigation activities for the Project, which resulted in contract delays and the need to redesign the contracted construction work; and WHEREAS, the Board has determined that additional construction management and inspection services are necessary to support the redesigned Project; and WHEREAS, Consultant has tendered a proposal for these additional construction management and inspection services in an amount not to exceed $184,400; and WHEREAS, approval of Amendment No. 1 with Consultant requires Board approval as it exceeds the executive manager's approval authority under Carlsbad Municipal Code section 3.28.040.D.3; and WHEREAS, the current PSA expires on Oct. 17, 2020, and the parties desire to exercise the one- year extension to Oct. 17, 2021, to ensure that the Consultant's services are available during completion of the redesigned Project; and WHEREAS, Amendment No. 1 to the PSA has been prepared for the president of the Board's signature and is attached hereto as Attachment A. Dec. 17, 2019 Item #13 Page 8 of 14 NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of Directors of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the president is authorized and directed to execute Amendment No. 1 to the PSA with Valley CM, Inc., which is attached hereto as Attachment A, to extend the PSA by one year and provide additional construction management and inspection services for the Project in an amount not to exceed $184,400. PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water District of the City of Carlsbad on the 17th day of December 2019, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. ---+-~~-=--s=-----=-=----=-.J~:..i.a..:::L!!: 1 &'PlrJi 2 / BARBARA ENGLESON, SECRETARY Dtpll!_j (SEAL) Ci!j c,Jen< Dec. 17, 2019 Item #13 Page 9 of 14 PSA 19-620TRAN AMENDMENT NO.1 TO EXTEND AND AMEND AGREEMENT FOR RECYCLED WATER PHASE Ill PIPELINE EXPANSION SEGMENT 5 CONSTRUCTION MANAGEMENT & INSPECTION SERVICES VALLEY CM, INC. This Amendment No.1 is entered into and effective as of the ~ day of U (<m.'o,g, c:'. , 20l<t extending and amending the agreement dated October 17, 2018 (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, ("CMWD"), and VALLEY CM, INC., a California corporation ("Contractor") (collectively, the "Parties") for . RECITALS A. The Parties desire to alter the Agreement's scope of work to increase the construction management and inspection services hours to cover recent change orders to the contract; and B. The Parties desire to extend the Agreement for a period of one (1) year ending in October 17, 2021; and C. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee, for a total amount of one hundred eighty-four thousand, four hundred dollars ($184,400). NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed one million, eighty-four thousand, twenty dollars ($1,084,020). 2. CMWD will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed one hundred eighty-four thousand, four hundred dollars ($184,400). Contractor will provide CMWD, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by CMWD. 3. Contractor will complete all work described in Exhibit "A" by October 17, 2021. 4. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 5. 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 this Amendment. General Counsel Approved Version 1/30/13 1 of 3 Dec. 17, 2019 Item #13 Page 10 of 14 PSA 19-620TRAN 6. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR VALLEY CM, INC., a California Corporation /) (sign here) Galina Mochel, President (print name/title) CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: ~ (sign here) ~ ~ J-/eclif(;ctY¥2. {}G/WJ fc,r Barbara Engleson, Secretary 7 Ct~ Paul Mochel, Secretary (print name/title) If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a 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 corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, General Counsel By Dep~d:~el General Counsel Approved Version 1/30/13 2 of 3 Clhi< Dec. 17, 2019 Item #13 Page 11 of 14 November 15, 2019 Valerie Airey, MPA, LEED AP Municipal Projects Manager Public Works City of Carlsbad 1635 Faraday A venue Carlsbad, CA 92008 V V/\LLEY c□nstruc:tlon Management SUBJECT: Recycled Water Phase 3 Pipeline Expansion Segment 5 Project Construction Management & Inspection Amendment Request #1 Dear Ms. Airey: PSA 19-620TRA Exhibit "A" lnfo@valleycm.com 1866 966 2720 Valley CM's original budget was based on twenty-four (24) months of construction. However, recent change orders to the contract have extended the project duration 5 months that are not included in our scope of work. We respectfully request an amendment to our contract to accommodate the contractor's extended contract duration. Fee Proposal Project Executive -Paul Mochel, PE, CCM 40 Hours (5 months@ 8 hours/month)@ $155hour Construction Manager -Lisa Laszlo, CCM 440 Hours (5 months@ 88 hours/month)@ $145/hour Inspector -James Gaddis 880 Hours (5 months @ 176 hours/month) @ $ 130/hour Please call me if you have any questions. Sincerely, Valley Construction Management e~ Paul Mochel, PE, CCM Principal Construction Manager ESTIMATED FEE $6,200 $63,800 $114,400 $184,400 --------------------www.ValleyCM.com -------------------- son Diego • El Centro • Mexico 3 of 3 Dec. 17, 2019 Item #13 Page 12 of 14 C-22 RECYCLED WATT~ SEGMEN SEE ABOVE RIGHT D WATER SEGMENT 5-1 RECYCLE C-19 C-20 t CONFORMED SET C-33 t Dec. 17, 2019 Item #13 Page 13 of 14 RECYCLED WATER SEGMENT 5-3 / C-48 ' ' ' I ' I \ POTABLE WATER FLO\AJER FIELDS SEE BELOW RIGHT C-45 C-42 RECYCLED WATER SEGMENT 7 POTABLE WATER FLOWER FIELDS C-61 "RECORD DRAWING" fsirul CITY OF CARLSBAD ~ UTILITIES Dl\llSION KEY MAP/I Dec. 17, 2019 Item #13 Page 14 of 14