HomeMy WebLinkAbout2024-05-21; Municipal Water District; ; Amendment No. 3 to the Professional Services Agreement with Dudek, to Extend the Term of the Agreement for the El Fuerte and Maerkle Motorized Valves Project and AuthorizCA Review GH
Meeting Date: May 21, 2024
To: President and Board Members
From: Scott Chadwick, Executive Manager
Staff Contact: Dave Padilla, District Engineer
dave.padilla@carlsbadca.gov, 442-339-2356
Sean Diaz, Utilities Senior Engineer
sean.diaz@carlsbadca.gov, 442-339-2350
Subject: Amendment No. 3 to the Professional Services Agreement with Dudek, to
Extend the Term of the Agreement for the El Fuerte and Maerkle
Motorized Valves Project and Authorize Additional Engineering Services
Districts: 2, 3
Recommended Actions
Adopt a Carlsbad Municipal Water District Board of Directors resolution authorizing execution
of Amendment No. 3 to the professional services agreement with Dudek to extend the
agreement term and authorizing additional engineering services for the El Fuerte and Maerkle
Motorized Valves Project.
Executive Summary
The project will install motorized valves and related structures and cathodic protection
improvements on existing water transmission mains at two sites, El Fuerte Street at Rancho
Pancho and at the Maerkle Reservoir.1 The new valves will allow remote operation of the water
system at these locations through the Carlsbad Municipal Water District’s supervisory control
and data acquisition system, or SCADA, which is a system to improve worker safety and
automate water system operations. The project is now in construction with an anticipated
contract completion date of March 27, 2025.
The CMWD Board approved a professional services agreement with Dudek for engineering
services to design the project on June 22, 2021, through CMWD Board Resolution No. 1658. The
term of this agreement was for a period of two years from the effective date, and the Executive
Manager was authorized to amend the agreement to extend it for one additional year.
The agreement now needs to be extended to provide the necessary services through the end of
the project’s construction.
Staff request the CMWD Board’s approval of Amendment No. 3 to the agreement to extend the
term for an additional year and to provide additional engineering services during construction
1 Cathodic protection is an electrochemical process used to reduce or prevent corrosion on metal surfaces.
May 21, 2024 Item #1 Page 1 of 9
in an amount not to exceed $12,895. With the approval of Amendment No. 3, the total contract
amount will increase to a not-to-exceed amount of $320,670.
The CMWD Board’s authorization is required to amend an agreement extend the term beyond
the time extensions delegated to the Executive Manager in Resolution No. 1658, consistent
with requirements of Carlsbad Municipal Code Section 3.24.040(D)(3).
Explanation & Analysis
The professional services agreement with Dudek to provide engineering design services on the
project was for an amount not to exceed $295,505.
The Executive Manager executed Amendment No. 1 on Oct. 24, 2022, through the authority
based in Carlsbad Municipal Code Section 3.28.040(C)(7). This amendment authorized
additional cathodic protection and design services that were requested by staff and required by
the city’s early assessment review process. This increased the contract amount by $12,270, for
a total amount not to exceed $307,775.
The original agreement authorized the Executive Manager to extend the term for one
additional year. The Executive Manager did so on April 19, 2023, approving Amendment No. 2
to the agreement, which extended the term until June 21, 2024.
A notice to proceed with construction was issued to the construction contractor on Sept. 25,
2023, for a contract duration of 550 calendar days.
An additional one-year extension of the professional services agreement with Dudek to June 21,
2025, will provide construction phase support engineering services until project completion
with additional time in the event of unanticipated construction delay.
Amendment No. 3 will also increase the consultant’s compensation by $12,895, for a total not-
to-exceed amount of $320,670.
Fiscal Analysis
The project is funded by Capital Improvement Program Project Nos. 5007, 5009, 5050, and
sufficient funds are available. Amendment No. 3 will increase the total agreement to a not-to-
exceed amount of $320,670, which will encumber an additional $12,895 split among the three
projects. The tables below provide a summary of the available funds and additional
expenditures:
Cathodic Protection Program
Capital Improvement Program Project No. 5007
Total appropriation to date $2,086,700
Total expenditures and encumbrances to date -$609,529
Total available funding $1,477,171
Amendment No. 3 (extend term and additional services) – Dudek -$1,290
Total additional expenditures -$1,290
Remaining balance $1,475,881
Additional appropriation requested $0
May 21, 2024 Item #1 Page 2 of 9
Funds to pay for the construction contract and all construction phase inspection and support
services that are required for project completion have been encumbered for this project and
are in the budget.
Next Steps
Upon the CMWD Board’s approval of Amendment No. 3, staff will continue working with Dudek
to support the completion of project construction.
Environmental Evaluation
In accordance with the city’s California Environmental Quality Act (CEQA) procedures and CEQA
Guidelines Sections 1508 through 15097, a Program Environmental Impact Report (PEIR), State
Clearinghouse No. 2012021006 (PEIR 12-01), was certified by the City Council on Nov. 13, 2012,
for the Sewer and Water Master Plan. The master plans were updated in 2019 and 2022. On
Sept. 20, 2023, the Planning Commission adopted Resolution No. 7493, to approve a third
addendum to the PEIR for the Sewer and Water Master Plan. Therefore, no further
environmental analysis is required.
Exhibits
1. CMWD Board resolution
2. Location map
Maerkle Facility Improvements
Capital Improvement Program Project No. 5009
Total appropriation to date $3,591,200
Total expenditures and encumbrances to date -$2,758,622
Total available funding $832,578
Amendment No. 3 (extend term and additional services) – Dudek -$6,447
Total additional expenditures -$6,447
Remaining balance $826,131
Additional appropriation requested $0
Normally Closed Valve (Install Motorized Valve)
Capital Improvement Program Project No. 5050
Total appropriation to date $1,966,000
Total expenditures and encumbrances to date -$1,521,959
Total available funding $444,041
Amendment No. 3 (extend term and additional services) – Dudek -$5,158
Total additional expenditures -$5,158
Remaining balance $438,883
Additional appropriation requested $0
May 21, 2024 Item #1 Page 3 of 9
RESOLUTION NO. 1735
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT, AUTHORIZING EXECUTION OF AMENDMENT
NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH DUDEK TO
EXTEND THE AGREEMENT TERM AND AUTHORIZING ADDITIONAL
ENGINEERING SERVICES FOR THE EL FUERTE AND MAERKLE MOTORIZED
VALVES PROJECT
WHEREAS, on June 22, 2021, the Carlsbad Municipal Water District, or CMWD, Board adopted
Resolution No. 1658, approving an Agreement with Dudek to provide engineering design services for
the El Fuerte and Maerkle Motorized Valves Project, Capital Improvement Program Project Nos. 5050,
5009 and 5007, in an amount not to exceed $295,505; and
WHEREAS, on Oct. 24, 2022, the Executive Manager approved Amendment No. 1, which
authorized additional design phase services for the not-to-exceed amount of $12,270, resulting in a
total not-to-exceed Agreement amount of $307,775; and
WHEREAS, on April 19, 2023, the Executive Manager approved Amendment No. 2, which
extended the term of the Agreement for a period of one year ending on June 21, 2024; and
WHEREAS, the notice to proceed with construction was issued to the construction contractor
on Sept. 25, 2023, for a contract duration of 550 calendar days, and the project is currently under
construction with an anticipated construction contract completion date of March 27, 2025; and
WHEREAS, staff desire to extend the agreement term for an additional year, until June 21, 2025,
to allow for completion of project construction; and
WHEREAS, additional construction phase services in the amount of $12,895 will be needed for
the extension of professional services through the construction phase, resulting in a total not-to-exceed
amount of $320,670; and
WHEREAS, the budget for the project is sufficiently funded for the scope of work and costs
related to this Agreement amendment; and
WHEREAS, the execution of Amendment No. 3 is within the scope of the Program
Environmental Impact Report (State Clearinghouse No. 2012021006)(PEIR 12-01), certified by the City
Council on November 13, 2012, for the Sewer and Water Master Plans, which were subsequently
updated in 2019 and 2022, in accordance with Public Resources Code Section 21000 et seq., and
California Environmental Quality Act Guidelines, so no further environmental study is required.
May 21, 2024 Item #1 Page 4 of 9
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. 3 to the Agreement with Dudek for the project (Attachment A).
PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water
District Board of Directors of the City of Carlsbad on the 21st day of May, 2024, by the following vote,
to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
SHERRY FREISINGER, Secretary
(SEAL)
May 21, 2024 Item #1 Page 5 of 9
OocuSign Envelope ID: 053EC606-F7 A 1-40AC-8E3F-348F9301601 F Attachment A
PSA21-1518UTIL
AMENDMENT NO. 3 TO EXTEND AND AMEND AGREEMENT FOR
EL FUERTE AND MAERKLE MOTORIZED VALVES PROJECT DESIGN SERVICES
DUDEK
This Amendment No. 3 is entered into and effective as of the 2~n~ day of
__ ___.__.~-------___.J 2024, extending and amending the agreement dated June 22,
2021, (the "A reement") 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 Dudek, a California corporation, ("Contractor") (collectively, the "Parties") for
motorized valves project design services.
RECITALS
A. On October 24, 2022, the Parties executed Amendment No. 1 to the Agreement to add
additional design services and increase the fee; and
B. On April 19, 2023, the Parties executed Amendment No. 2 to extend the Agreement for
one (1) year.
C. The Parties desire to alter the Agreement's scope of work to add additional construction
phase services for the construction of the El Fuerte and Maerkle motorized valves project; and
D. The Parties desire to extend the Agreement for a period of one (1) year; and
E. 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 (Amended).
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 Agreement amount shall not exceed three hundred twenty thousand six hundred seventy
dollars ($320,670).
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 twelve thousand eight hundred ninety-five
dollars ($12,895). 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 June 21, 2025.
4. All other provisions of the Agreement, as may have been amended from time to time,
will remain in full force and effect.
General Counsel Approved Version 12/28/2022
1
May 21, 2024 Item #1 Page 6 of 9
DocuSlgn Envelope ID: 053EC6D6-F7A1-40AC-8E3F-348F93D1601F
PSA21-1518UTIL
5. 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.
6. 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
DUDEK, a California corporation
By:
(sign here)
Joseph Monaco, President & CEO
(print name/title)
By:
(sign here)
Amy M. Paul, Secretary
(print name/title)
CARLSBAD MUNICIPAL WATER DISTRICT, a
Public Agency organized under the Municipal
Water Act of 1911, and a Subsidiary District of
::~CltyofC~
KEITH BLACKBURN, President
ATTEST:
for SHERRY FREISINGER, Secretary
If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. !f
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, General Counsel
By: btl.,\A, frurn.,ro.
Assistant General Counsel
General Counsel Approved Version 12/28/2022
2
May 21, 2024 Item #1 Page 7 of 9
May 21, 2024 Item #1 Page 8 of 9
LOCATION MAP
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El Fuerte Site
Maerkle Site
VICINITY MAP
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Maerkle Site
El Fuerte Site
PROJECT NAME
EL FUERTE AND MAERKLE MOTORIZED VALVES
PROJECT NUMBER
5050
5009
5007PROJECT
EXHIBIT
2
Exhibit 2
May 21, 2024 Item #1 Page 9 of 9