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Home My WebLink About2014-08-26; Municipal Water District; 787; Extend Agreement with Carollo EngineersCARLSBAD MUNICIPAL WATER DISTRICT -AGENDA BILL 16 AB# MTG. DEPT. 787 08-26-14 PW-UTIL APPROVAL OF AMENDMENT NO. 3 TO EXTEND THE PROFESSIONAL SERVICE AGREEMENT WITH CAROLLO ENGINEERS FOR ENGINEERING SERVICES ON THE PRESSURE CONTROL HYDROELECTRIC FACILITY AT MAERKLE RESERVOIR, PROJECT NO. 5025 DEPT. DIRECTOR GEN. COUNSEL CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. . 1499 _ approving Amendment No. 3 to extend the professional services agreement with Carollo Engineers for engineering services on the Pressure Control Hydroelectric Facility at Maerkle Reservoir, Project No. 5025. ITEM EXPLANATION: On September 22, 2009, by Resolution No. 1376, the Board approved the award of a Professional Services Agreement with Carollo Engineers to provide a feasibility report, preliminary design, environmental reports, final design and construction support services. The term of the agreement was effective for a period of three (3) years and included an allowance to amend to extend it for two (2) additional one (1) year periods. The scope of the agreement was subsequently amended to provide additional specialty engineering services through the completion of the construction phase of the project. In addition to the amended scope two (2) amendments to the agreement have been executed extending the term two times with a final period ending of September 22, 2014. The duration of the construction phase has been extended due to a later delivery date of the project's hydroelectric generator. Services from Carollo Engineering are necessary through the installation and testing of the hydroelectric generator. Installation and testing are now anticipated to be completed during the month of December 2014. Amendment No. 3 will extend the duration of the term original agreement with Carollo Engineering for an additional 1-year term with revised end date of September 21, 2015. The project site is approximately one mile north of Faraday Avenue on a 51.87 acre parcel owned by CMWD for Maerkle Reservoir as shown on Exhibit 2. Access to the property is from Applewood Lane in the City of Vista. The project includes installing a hydroelectric generator to receive relatively high pressure water from the San Diego County Water Authority's Tri-Agencies Pipeline Connection No. 3, and then converting this pressure to produce up to 135 kilowatts of electrical power prior to discharging the water to either the 10 million gallon (MG) Maerkle Tank or 200 MG Maerkle Dam Reservoir. DEPARTMENT CONTACT: Mark Biskup at 760-602-2763 or email davidahles@carisbadca.gov FOR SECRETARY USE. BOARD ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED vZT^ CONTINUED TO DATE SPECIFIC •. • CONTINUED TO DATE UNKNOWN • • RETURNED TO STAFF • • OTHER- SEE MINUTES • • REPORT RECEIVED • FISCAL IMPAa: There are no additional cost resulting from Amendment No. 3 to Profession Service Agreement with Carollo Engineering. The following table shows the project cost summary. PROJEa COST SUMMARY FOR PRESSURE CONTROL HYDROELECTRIC FACILITY AT MAERKLE RESERVOIR (PROJECTNO. 5025) DESIGN, ENVIRONMENTAL, AND PERMIT PHASE Engineering Consultant Services and Staff Overhead $459,371 CONSTRUCTION PHASE Construction Contract with Environmental Construction, Inc. $1,094,652 Construction Contingency $100,000 Construction Support Services (Carollo Engineers) $97,472 Construction Management and Inspection $85,040 CONSTRUCTION PHASE SUBTOTAL $1,377,164 TOTAL PROJECT COST $1,836,573 CURRENT APPROPRIATION $2,000,000 ENVIRONMENTAL IMPACT: The project is exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15303(d) - New Construction or Conversion of Small Structures. The City Planner filed a Notice of Exemption with the County of San Diego on October 18, 2011. EXHIBITS: 1. Adopt Resolution No. 1499 approving Amendment No. 3 to extend the professional services agreement with Carollo Engineers for engineering services for the Pressure Control Hydroelectric Facility at Maerkle Reservoir, Project No. 5025. 2. Location Map 3. Amendment No. 3 to Extend Agreement for Professional Engineering Services with Carollo Engineers for Engineering Services on the Pressure Control Hydroelectric Facility at Maerkle Reservoir, Project No. 5025. 1 RESOLUTION NO. 1499 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT (CMWD), APPROVING AMENDMENT NO. 3 TO EXTEND THE PROFESSIONAL SERVICES 4 AGREEMENT WITH CAROLLO ENGINEERING FOR ENGINEERING SERVICES ON THE PRESSURE CONTROL HYDROELECTRIC FACILITY 5 AT MAERKLE RESERVOIR, PROJECT NO. 5025 6 7 8 WHEREAS, on September 22, 2009, by resolution No. 1376, the Board approved the 9 award of a Professional Services Agreement with Carollo Engineers for engineering services on the Pressure Control Hydroelectric Facility at Maerkle Reservoir project ; and WHEREAS, the current agreement expires on September 22, 2014; and WHEREAS, it is in the best interest of the Carisbad Municipal Water District to extend the agreement with Carollo Engineering for an additional one (1) year term to allow engineering support services through completion ofthe construction phase ofthe project; and WHEREAS, the Board of Directors ofthe Carisbad Municipal Water District, California Ij has determined it necessary, desirable, and in the public interest to approve Amendment No. 3 18 extending the agreement with Carollo Engineering for engineering services on the Pressure 19 Control Hydroelectric Facility at Maerkle Reservoir and; WHEREAS, sufficient funds exist in the Water Fund. NOW, THEREFORE, BE IT RESOLVED by the Carisbad Municipal Water District Board of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That Amendment No. 3 to the Agreement with Carollo Engineers will extend the agreement for an additional 1-year term that expires on September 22, 2015. 3. That Amendment No. 3 to the Agreement with Carollo Engineers is approved and the Mayor is hereby authorized and directed to execute said amendment. 10 11 12 13 14 15 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Special Meeting ofthe Board of Directors ofthe Carisbad Municipal Water District of the City of Carlsbad on the 26*^ day of August, 2014, by the following vote to wit: AYES: NOES: ABSENT: Board Members Hall, Packard, Wood, Schumacher and Blackburn. None. None. MATT HALL, President ATTEST: BARBARA ENGLESON, Secretary LOCATION MAP NOT TO SCALE MAERKLE RESERVOIR PROJECT NAME PRESSURE CONTROL HYDROELECTRIC FACILITY AT MAERKLE RESERVOIR PROJECT NUMBER 5025 EXHIBIT DRAWN BY: SCOTT EVANS, CARLSBAD UVUVES DEPT 8/18/10 C: \UmTIES DEPARTUENT\DESGN DIVISION\PLUUMER\5025.DWG 5 PWENG719 AMENDMENT NO. 3 TO EXTEND AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE PRESSURE CONTROL HYDROELECTRIC FACILITY AT MAERKLE RESERVOIR CAROLLO ENGINEERS, INC. This Amendment No. 3 is entered into and effective as of the 26th day of August , 2014, extending and amending the agreement dated September 23, 2009, (the "Agreement") by and between the Carisbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carisbad, ("CMWD"), and Carollo Engineers, Inc., a Delaware corporation, ("Contractor") (collectively, the "Parties") for the Pressure Control Hydroelectric Facility at the Maerkle reservoir, Project No. 5025. RECITALS A. On October 17, 2012, the Parties executed Amendment No. 1 to the Agreement to extend the Agreement for a period of one (1) year; and B. On October 26, 2013, the Parties executed Amendment No. 2 to the Agreement to Extend the Agreement for a period of one (1) year and alter the scope of work to include management and analysis during construction; and C. The Parties desire to extend the Agreement for a period of one (1) year. NOW, THEREFORE, 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 ending on September 21, 2015. 2. All other provisions of the Agreement, as may have been amended form time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended form time to time, shall include coverage of the is Amendment. /// /// /// /// /// /// General Counsel Approved Version 1/30/13 1 PWENG719 4. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractorto the terms and conditions of this Amendment. CONTRACTOR CAROLLO ENGINEERS, INC., a Delaware corporation CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carisbad By: President ATTEST: BARBARA ENGL £.^0^— N "^(^VA^IAU (mikll U ^m/Mh 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 Assistant General General Counsel Approved Version 1/30/13