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Home My WebLink About2023-05-16; Municipal Water District; Resolution 1704RESOLUTION NO. 1704 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 4 TO EXTEND THE MASTER AGREEMENT WITH BROWN AND CALDWELL FOR SUPERVISORY CONTROL AND DATA ACQUISITION MASTER PLAN FOR SEWER, WATER AND RECYCLED WATER SYSTEMS FOR AN ADDITIONAL THREE YEARS WHEREAS, the Carlsbad Municipal Water District Board determined it necessary, desirable and in the public interest to prepare a Supervisory Control and Data Acquisition, or SCADA, system Master Plan to evaluate the feasibility of replacing the current water and wastewater SCADA systems; and WHEREAS, on May 23, 2017, the CMWD Board adopted Resolution No. 1567, authorizing the execution of a master agreement with Brown and Caldwell for professional engineering services for work related to the SCADA Master Plan for Sewer, Water and Recycled Water Systems, Capital Improvement Program, Project No. 5542; and WHEREAS, the initial term of the Agreement was for three years in an amount not to exceed $1,000,000, with options to extend the Agreement term by three additional one-year periods in an amount not to exceed $200,000 per Agreement year; and WHEREAS, the Agreement outlined the tasks that Brown and Caldwell would complete during the term of the Agreement, including preparing a SCADA Master Plan, developing design and programming standards, designing a new SCADA system and providing engineering services during construction of the new system; and WHEREAS, all tasks are complete except for engineering services needed during construction; and WHEREAS, the Agreement term expir.es on May 23, 2023, and all extensions have been used; and WHEREAS, due to unexpected delays caused by the recent pandemic, construction of the project has been delayed, requiring the need for additional time for the Engineer of Work, Brown and Caldwell, to provide engineering support during the construction phase of the SCADA project; and WHEREAS, the CMWD staff and Brown and Caldwell both desire to extend the Agreement for a period of three years, so the Engineer of Work can provide engineering support during the construction phase of the SCADA implementation. NOW, THEREFORE, BE IT RESOLVED by the Carlsbad 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. 4 to the Master Agreement for SCADA Master Plan for Sewer, Water and Recycled Water Systems with Brown and Caldwell, attached hereto as Attachment A, is approved, and the President is authorized to execute Amendment No. 4. PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water District Board of the City of Carlsbad on the 16th day of May, 2023, 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) pv DocuSign Envelope ID: 01 E44703-170D-4FE3-93D0-05837 AFFB780 Attachment A UTIL 1569 AMENDMENT NOJ 4 TO EXTEND THE AGREEMENT FOR SUPERVISORY CONTROL AND DATA ACQUISITION MASTER PLAN FOR SEWER, WATER, AND RECYCLED WATER SYSTEMS BETWEEN THE CARLSBAD MUNICIPAL WATER DISTRICT AND BROWN AND CALDWELL This Amendment No. 4 is entered into and effective as of the I �++---'day of ______________ , 2023, extending and amending the Master ServicesAgreement dated May 4, 2017 (the "Agreement") by and between the Carlsbad Municipal Water District, a public agen organized under the Municipal Water Act of 1911, and a subsidiary district of the City of Carlsbad ("CMWD"), and Brown and Caldwell, a California corporation ("Contractor") (collectively, the "Parties"), for supervisory control and data acquisition ("SCADA") related services for sewer, water, and recycled water systems. RECITALS A.The initial term of the Agreement was three (3) years and a total compensationamount not to exceed one million dollars ($1,000,000), with options to extend the Agreement term by three additional one-year periods in an amount not to exceed two hundred thousand dollars ($200,000) per Agreement year. B.On April 23, 2020, the Parties executed Amendment No. 1 to the Agreement toextend the term for an additional period of one (1) year in an amount not to exceed two hundred thousand dollars, for an amended compensation amount not to exceed one million two hundred thousand dollars ($1,200,000); and C.On April 26, 2021, the Parties executed Amendment No. 2 to the Agreement toextend the Agreement for an additional period of one (1) year in an amount not to exceed two hundred thousand dollars, for an amended total compensation amount not to exceed one million four hundred thousand dollars ($1,400,000), and to amend and increase the Contractor's Schedule of Rates; and D.On May 20, 2022, the Parties executed Amendment No. 3 to the Agreement toextend the Agreement for an additional period of one (1) year in an amount not to exceed two hundred thousand dollars, for a total compensation amount not to exceed one million six hundred thousand dollars ($1,600,000); and E.Due unexpected delays caused by the Coronavirus pandemic, the design of theproject was delayed, so additional time is required for the Contractor to support the construction phase of the SCADA project; and F.The Parties desire to extend the Agreement for a period of three (3) years for theContractor to provide support during the construction phase of SCADA, increase the Contractor's Schedule of rates until June 30, 2024, and provide for an annual rate increase of five percent thereafter. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: General Counsel Approved Version 12/28/2022 1 of 4 ( DocuSign Envelope ID: D1 E44703-170D-4FE3-93D0-05837 AFFB780 UTIL 1569 1. 23, 2026. The term of the Agreement is extended for a period of three (3) years, until May 2.Section 5 of the Agreement is amended to increase the Contractor's Schedule of Rates set forth in in Exhibit "A" (AMENDED), attached to this Amendment No. 4. The Parties agree that these amended rates will remain effective until June 30, 2024, and then the Contractor's Schedule of Rates will be subject to an increase of 5% on July 1, 2024, and again on July 1, 2025. 3.All other provisions of the Agreement, as may have been amended from time t_o time, will remain in full force and effect. 4.All requisite insurance policies to be maintained by the Contractor pursuant to theAgreement, as may have been amended from time to time, will include coverage for this Amendment. 5.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. II II II II II II II II II II II II II [signatures on following page] General Counsel Approved Version 12/28/2022 2 of 4 DocuSign Envelope ID: D1 E44703-170D-4FE3-93D0-05837 AFFB780 CONTRACTOR BROWN AND CALDWELL, a California corporation By: V�ti, a. f;wA.a,, Suu6r \Jilt, Pn--siJ.uJ (sign here) Daniel A. Bunce, Senior Vice President (print name/title) By: (sign here) (print name/title) UTIL 1569 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: Keith1� ATTEST: 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: CINDIE K. McMAHON, City Attorney By: btlA.A. fu.n,-u-"- Deputy General Counsel General Counsel Approved Version 12/28/2022 3 of 4 DocuSign Envelope ID: D1E44703-170D-4FE3-93D0-05837AFFB780 A B C D E F G H J K L M N 0 p Exhibit 'A' (AMENDED) Contractor's Schedule of Rates Engineering Technical/Scientific Drafter Trainee Field Service Technician I Assistant Drafter Field Service Technician II Drafter Engineering Aide Inspection Aide Field Service Technician Ill Engineer I Senior Drafter Geologist/Hydrogeologist I Senior Illustrator Scientist I Inspector I Senior Field Service Technician Engineer II Inspector II Lead Drafter Geologist/Hydrogeologist II Lead Illustrator Scientist II Engineer Ill Inspector Ill Senior Designer Supervising Drafter Geologist/Hydrogeologist Ill Supervising Illustrator Scientist Ill Senior Engineer Principal Designer Senior Construction Engineer Senior Geologist/Hydrogeologist Senior Engineer Senior Scientist Principal Engineer Principal Construction Engineer Principal Geologist/Hydrogeologist Supervising Designer Principal Scientist Supervising Engineer Supervising Scientist Supervising Constr. Engineer Supervising Geologist/ Supervising Engineer Hydrogeologist Managini Geologis Hydrogeologist Managing Engineer Managing Scientist Chief Engineer Chief Scientist Executive Engineer Chief Geologist/Hydrogeologist Vice President Senior Vice President President/Executive Vice President Chief Executive Officer UTIL 1569 Administrative Office/Support Services I $69.50 Word Processor I Office/Support Services II $93.77 Word Processor II Office/Support Services Ill $101.49 Accountant I Word Processor Ill Office/Support Services IV $119.13 Accountant II Word Processor IV $144.51 Accountant Ill Area Business Operations Mgr Technical Writer Word Processing Supervisor $168.78 Accountant IV Administrative Manager $198.57 Senior Technical Writer $225.04 Corp. Contract Administrator $254.82 Assistant Controller $270.27 Area Bus Ops Mgr IV $294.54 Corp Marketing Comm. Mgr. $314.39 $348.59 $389.40 $389.40 $389.40 General Counsel Approved Version 12/28/2022 4 of 4