The URL can be used to link to this page

Home My WebLink About2022-04-05; Municipal Water District; Resolution 1670RESOLUTION NO. 1670 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, AUTHORIZING EXECUTION OF AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT WITH NV5, INC., A CALIFORNIA CORPORATION, TO EXTEND THE AGREEMENT TERM AND REVISE THE LABOR RATE SCHEDULE FOR THE RECYCLED WATER PHASE Ill RESERVOIR PROJECT EXHIBIT 1 WHEREAS, on April 12, 2016, the 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 proposed storage tank capacity was consistent with the projected recycled water system demands of the 2019 CMWD Recycled Water Master Plan, or RWMP; and WHEREAS, on March 12, 2020, the 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 landsca pe 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, Project design revisions necessitated a new application for a Conditional Use Permit and a Coastal Development Permit, further delaying the Project; and WHEREAS, staff desire to extend the term for an additional two years and revise the labor rate sc hedule; and WHEREAS, the Project budget for CIP Project No. 5210 is sufficiently funded for the scope of work and costs related to this Agreement amendment. 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 of the Board is hereby authorized and directed to execute Amendment No. 4 to the Agreement with NVS for the Project, which is attached hereto as Attachment A. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Carlsbad Municipal Water District Board of Directors of the City of Carlsbad on the 5th day of April, 2022, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Acosta, Norby. None. None. MATT HALL, President fov FAVIOLA MEDINA, City Clerk Services Manager (SEAL) DocuSign Envelope ID: FC9C541 F-348C-4BDF-ADC8-4B013388A8FD Attachment A UTIL 1400 AMENDMENT NO. 4 TO EXTEND AND AMEND AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR RECYCLED WATER STORAGE RESERVOIR AT THE D TANK SITE NV5, INC. This Amendment No. 4 is entered into and effective as of the J ~ day of ft~\/\ \ , 2022, extending and amending the professional services agreement dated pril 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, ("CMWD"), and NV5, Inc., a California corporation, ("Contractor") (collectively, the "Parties") for design services for the recycled water storage reservoir at the D tank site. RECITALS A. On March 28, 2018, the Parties executed Amendment No. 1 to the Agreement to extend the term for a period of two (2) years; and B. On March 12, 2020, the Parties executed Amendment No. 2 to change the scope of work 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 change the scope of work; and D. The Parties desire to alter the Agreement's scope of work to change the supplemental labor fee schedule and extend the Agreement for a period of two (2) years; and E. The Parties have negotiated and agreed to a supplemental fee schedule, which is attached and incorporated by this reference as Exhibit "A", Revised Fee Schedule. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of two (2) years, ending on April 13, 2024, on a time and materials basis not-to-exceed three hundred thirty-six thousand four hundred sixteen dollars ($336,416). 2. All other provisions of the Agreement, as may have been amended from time to time, will 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 from time to time, will include coverage for this Amendment. /II /II /II April 5, 2022 General Counsel Approved Version 1 /30/13 Item #5 Page 7 of 10 DocuSign Envelope ID: FC9C541F-348C-4BDF-ADC8-4BD13388A8FD UTIL 1400 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 Contractor to the terms and conditions of this Amendment. CONTRACTOR NVS, INC., a California corporation By: By: (sign here) Carmen Kasner, Regional Managing Director (print name/title) (sign here) (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 ~~ ATTEST: f!+L_ for Faviola Medina, City Clerk Services Manager 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: ___ ~-'---..........____ __ _ Assistant General Counsel General Counsel Approved Version 1/30/13 2 April 5, 2022 Item #5 Page 8 of 10 DocuSign Envelope ID: FC9C541F-348C-4BDF-ADC8-48D13388A8FD UTIL 1400 EXHIBIT "A" REVISED FEE SCHEDULE 2022 CHARGE RATE SCHEDULE Office: Technical Services Engineering Aide/Planning Aide ............................................................................................................. $62.00/hour Project Assistant .......................................................................................................................................... $79.00/hour Project Administrator ............................................................................................................................... $102.00/hour CADD Technician II ................................................................................................................................ $113.00/hour CADD Technician III .............................................................................................................................. $124.00/hour Senior CADD Technician/Designer ..................................................................................................... $147.00/hour Professiona I Junior Engineer/Planner/Surveyor ....................................................................................................... $113.00/hour Assistant Engineer/Planner/Surveyor .................................................................................................. $125.00/bour Principal Geologist .................................................................................................................................... $203.00/hour Senior Geologist ........................................................................................................................................ $170.00/hour Project Geologist ....................................................................................................................................... $158.00/hour Senior Engineer/Planner/Surveyor ....................................................................................................... $180.00/hour Project Manager ......................................................................................................................................... $220.00/hour Principal ...................................................................................................................................................... $288.00/hour Field Surveying 1-Person Survey Crew (GPS) (Robotic) ................................................................................................ $209.00/hour 1-Person Survey Crew .............................................................................................................................. $166.00/hour 2-Person Survey Crew .............................................................................................................................. $285.00/hour 3-Person Survey Crew .............................................................................................................................. $378.00/hour Survey Manager ......................................................................................................................................... $215.00/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 2023. 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. General Counsel Approved Version 1/30/13 3 April 5, 2022 Item #5 Page 9 of 10