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HomeMy WebLinkAbout2020-03-10; Municipal Water District; Resolution 1637CMWD RESOLUTION NO. 1637 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT (BOARD), AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT (AGREEMENT) WITH NV5, INC. (NV5) TO EXTEND THE TERM AND PROVIDE ADDITIONAL ENGINEERING SERVICES FOR THE RECYCLED WATER PHASE Ill, D4 RESERVOIR, CAPITAL IMPROVEMENT PROGRAM {CIP), PROJECT NO. 5210 (PROJECT), FOR A TOTAL AGREEMENT AMOUNT NOT TO EXCEED $313,954. WHEREAS, on April 12, 2016, the Board adopted Resolution No. 1546 approving an Agreement with NV5, to provide engineering design services for the Project for an amount not to exceed $287,154; and WHEREAS, on March 28, 2018, Amendment No. 1, which extended the term of the Agreement for a period of two years ending on April 13, 2020, was approved by the executive manager; and WHEREAS, the Project has been delayed beyond the Agreement completion date, due to a need to confirm that the optimal size of the new storage tank is consistent with the most recent projected recycled water system demands as determined in the 2019 CMWD Recycled Water Master Plan (RWMP); and WHEREAS, the RWMP has been completed, providing direction for sizing of the new storage tank; and WHEREAS, staff desires to extend the Agreement with NV5 for an additional two years WHEREAS, staff desires to amend the Agreement with NV5 to provide additional design phase services determined necessary during initial phases of design; and WHEREAS, staff and NV5 negotiated the additional scope of work and the associated fee in an amount not to exceed $26,800, resulting in a total Agreement amount not to exceed $313,954; and WHEREAS, the Project is sufficiently funded for the additional costs for the additional scope of work included in Amendment No. 2. NOW, THEREFORE, BE IT RESOLVED by the Board 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. 2 to the Professional Services Agreement with NV5 for the Project, which is attached hereto as Attachment A. March 10, 2020 Item #4 Page 4 of 14 PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad on the 10th day of March 2020, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Schumacher. None. None. MATT HALL, PRESIDENT \ il'{Y\Owfltk721~ ~ARBARA ENGLESON, SECRETARY (SEAL) ,,11111,,,, ,,,, C\PAL 111, ,, -~ ········~ .... >..'', '-~ .•:,o ll~,,'•.-,,,;.. ', .:: '"'l"'l•·w--vi:.-:•.'{~' :: C:,/ '"'t".-1!·~~-~ : -<· ~""-:::mt~ ~=en= ~~\" ,'t-/6~ -:,. ,.,,;· .• "'"' IFO'-i>" •• ~ ~ ,, v ·•.~ ........... \::,..~ ,, ;'\ ,,, ' ,,, 1lfll I 11\\\ March 10, 2020 Item #4 Page 5 of 14 AMENDMENT NO. 2 TO EXTEND AND AMEND THE AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR RECYCLED WATER STORAGE RESERVOIR AT THE D TANK SITE (NV5, INC.) UTIL 1400 is Am ndment No. 2 is entered into and effective as of the JJ.-th day of _...!........___.J.1,,Q,,~----'---' 2020, extending and amending the agreement dated April 14, 2016, (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, ("CMWD"), and NV5, Inc., a California corporation, ("Contractor") (collectively, the "Parties") for Conditional Use Permit application processes engineering services in regard to Recycled Water Phase Ill: D-4 Reservoir. RECITALS A. On March 28, 2018, the Parties executed Amendment No. 1 to the Agreement for engineering design services for the recycled water storage reservoir at the D Tank site; and B. The Parties desire to alter the Agreement's scope of work for engineering service in regard to the Conditional Use Permit application processes for the Recycled Water Phase Ill, D-4 Reservoir to extend and fund the Agreement for a period of two years; 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. 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 thirteen thousand nine hundred and fifty-four dollars ($313,954). 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 twenty-six thousand, eight hundred dollars ($26,800). 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 April 13, 2022. 4. All other provisions of the Agreement, as may have been amended from time to time, will 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, will include coverage for this Amendment. General Counsel Approved Version 1 /30/13 March 10, 2020 Item #4 Page 6 of 14 UTIL 1400 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 NVS, Inc., a California corporation (sign here) Carmen Kasner, Regional Managing Director (print name/title) By.~ MaryJo O'Brien, Corporate Secretary (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: ( ~D-M&R2rLmAWJ ~rbara Engleson, Secretary 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 General Counsel Approved Version 1 /30/13 2 March 10, 2020 Item #4 Page 7 of 14 CORPORA TE AUTHORIZATION RESOLUTION I, Mary Jo O'Brien, Corporate Secretary and Executive Vice President of NV5, l,nc. (The "Corporation") hereby certifies that: the Corporation is duly organized and existing under the laws of the State of California and the following is true, accurate and complete transcript of a resolution contained in the minute book of the Board ofDirectors of said Corporation duly held, at which meeting there was present and acting throughout a quorum authorized to transact business hereinafter described, and that the proceedings of said meeting were in accordance with the charter and by-laws of said Corporation and that said resolutions have not been amended or revoked and are in full force and effect: Resolved, that Carmen Kasner, PE, Regional Managing Director, be and is hereby authorized and empowered to sign any and all contracts and documents on behalf of said Corporation, and to take such steps, and do such other acts and things, as in his judgment may be necessary, appropriate or desirable in connection with any proposal submitted to, or any contract entered into with the City of Carlsbad. Resolved, that any and all transactions by and of the officers of representatives of the Corporation, in its name and for its account, with the City of Carlsbad, prior to the adoption of these resolutions be, and they are hereby, ratified and approved for all purposes. Witness my hand and seal of the Corporation this July 1, 2019. M ry Jo O'Brien Corporate Secretary and Executive Vice President March 10, 2020 Item #4 Page 8 of 14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California C' -". County of ,., )u v1 U I f § 0 On fe\o. 7. JQJ.O before me, f\:rn zt ::::i+o,0?M I Nc\c"--f~ -Y~.10 I,(__ ' Date Here Insert ~me and Titk the Officer personally appeared Cctv vY\Q,. 1 ISc\~Y\Lif OcVi(t n10, r~ }a c,\ 2>c 1 -9 v\... Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. AMY C. STOREY Notary Public -California San Diego County Commission # 2183394 My Comm. Expires Mar 9, 2021 z z ► Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ::::~: :1:nd officiW sew. ----------------opnoNAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached D9_cument . C. ~ f · /'t,=jy-Q.,.,-,,, .. h .. 1.--~'v-D rw\ . -\+ -<. Title or Type of DocumentlG r IS ):::c. aJ. \\J \J{) 1 c ( ~-)c \ vJ Document Date: -x / 7/ J... o Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ____________ _ 11 Corporate Officer -Title(s): ______ _ l l Corporate Officer -Title(s): ______ _ : 7 Partner -□ Limited □ General □ Partner -[J Limited LJ General U Individual rJ Attorney in Fact L -1 Individual CJ Attorney in Fact □ Trustee □ Guardian or Conservator r-J Trustee II Guardian or Conservator I] Other: _____________ _ I] Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 March 10, 2020 Item #4 Page 9 of 14 EXHIBIT "A" SCOPE OF SERVICES UTIL 1400 General Counsel Approved Version 1/30/13 3 March 10, 2020 Item #4 Page 10 of 14 NVS January 14, 2020 Mr. Mark Biskup, PE Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 Subject: Proposal for Civil Engineering Services for Recycled Water Phase Ill: D-4 Reservoir Conditional Use Permit MSistance Dear Mark: EXHIBIT A NV5, Inc. (NV5) is pleased to submit this proposal to Carlsbad Municipal Water District (District) to provide assistance to prepare an application for a Conditional Use Permit (CUP) amendment for the D Tank Site. The CUP amendment application is required as part of the proposed D-4 recycled water reservoir construction. The CUP amendment is required to enable future issuance of a Development Services Permit for the proposed D-4 recycled water tank. This proposal covers the effort required to assist the District in preparing the submittal package, including the following items required on Development Permits Form P-2: Site Plan including two reservoir site parcels and adjacent neighboring parcels, roads, addresses, APNs, north arrow, and planting plan. Grading information including earthwork volumes. Drainage information including a hydrology study, BMPs and drainage volumes. Architectural rendering exhibit(s). This proposal is broken down into four sections: 1. Scope of Services 2. Assumptions and Exclusions 3. Proposed Compensation If the enclosed proposal meets with your approval, please provide us with a task order for additional services under the terms and conditions of our existing agreement with the District, dated April 14, 2016. This proposal is good for 90 days. We appreciate the opportunity to provide this proposal and look forward to working with you. Please feel free to call me at (858) 385-2184 if you have any questions. Sincerely, Julian · s, PE Senior oject Manager P27519-0008292.00 ~~ \G:tr-J- Steven G¥nados, PE Senior Engineer 15092 Avenue of Science, Suite 200 I San Diego, CA 92128 I www.NV5.com I Office 858.385.0500 I Fax 858.385.0400 CONSTRUCTION QUALITY ASSURANCE -INFRASTRUCTURE ENERGY · PROGRAM MANAGEMENT ENVIRONMENTAL March 10, 2020 Item #4 Page 11 of 14 January 14, 2020 Page 2 Scope of Services The District is preparing an amendment to the Conditional Use Permit (CUP) of the D Tank Site for construction of the proposed D-4 recycled water tank. After project review by the City's Planning Division of the Development Services Department, it was determined that an amendment to the site's CUP was required. NV5 will assist the City by preparing a site plan, a basic planting plan, and tank elevation renderings to include in the CUP amendment package based on the requirements of the Development Permits P-2 checklist. NV5 will complete the following tasks: Task 1.1 Task 1.2 Task 1.3 Site Plan NV5 will prepare a site plan meeting requirements of the City's Development Permits P-2 checklist. The site plan will use NV5's aerial topography prepared during the project's predesign phase as a base map. The site plan will include: • Property lines with bearings and distances, site acreage, address, APN and owner name, north arrow and scale. • Existing site improvements, structures and equipment (tanks, pump station building, contours, equipment, existing utilities). • Vicinity map showing adjacent streets and cross streets. • Existing and planned land use, and legal description. • Proposed improvements, grading volumes (import and export), proposed utilities. • Basic planting plan for screening of the proposed tank from residential properties to the south. NV5 will prepare a draft of the site plan for District's review. NV5 will revise the site plan draft based on District's comments and prepare a final site plan to include in the CUP amendment submittal package. NV5 will provide the draft and final site plan in electronic .pdf format. Proposed Tank Renderings NV5 will conduct a site visit with the District to determine view angles for preparing photo renderings of the proposed tank and screening trees. NV5 will take photographs from the view angles directed by the District. NV5 will utilize the photographs to prepare a rendering of the proposed tank and screening trees to simulate the view from the properties just south of the D tank site. NV5 will prepare up to three (3) renderings from different angles. NV5 will prepare draft renderings for review by the District. NV5 will revise the renderings based on District comments and prepare final renderings to include in the CUP amendment package. NV5 will provide the draft and final renderings in electronic .pdf format. Permitting Assistance NV5 will provide permitting assistance as requested by the District's Project Manager, including compiling information prepared for the design of the proposed tank such as the geotechnical investigation, Storm Water Quality Management Plan, hydrology study, Storm Water Standards Questionnaire (Form E-34). Additional assistance will be provided as directed by the District's Project Manager based on comments on the CUP amendment package from the City's Development Services N VIS CONSTRUCTION QUALITY ASSURANCE · INFRASTRUCTURE · ENERGY · PROGRAM MANAGEMENT ENVIRONMENTC\L March 10, 2020 Item #4 Page 12 of 14 January 14, 2020 Page 3 Department. NV5 has allocated 12 hours of Project Manager and 24 hours of Senior Engineer time for this task. Assumptions and Exclusions A. NV5 will utilize mapping from the proposed tank improvements design to prepare the CUP amendment site plan. B. Detailed landscaping and irrigation plans are not included. C. District will prepare CUP amendment package, NV5 will provide information per the above scope of services. NV5 will provide additional permitting assistance per Task 1.3, if required. D. Public outreach services are excluded. Proposed Compensation We propose to perform the above services on a time and material not to exceed fee of $26,800. The breakdown of this fee is provided below: Breakdown of Total Fee Task 1.1 Site Plan .............................................................................................................. $9,700 Task 1.2 Proposed Tank Rendering (1 rendering) ........................................................... $5,300 Task 1.2 Optional Additional Tank Renderings (2 total, $3,000 each) .......................... $6,000 Task 1.3 Permitting Assistance ......................................................................................... $5,800 Total Fee: $26,800 If the enclosed proposal meets with your approval, please provide us with a Task Order Authorization under the terms and conditions of our existing Professional Services Agreement dated April 14, 2016. This proposal is valid for 90 days. N VIS CONSTRUCTION QUALITY ASSURANCE INFRASTRUCTURE ENERGY · PROGRAM MANAGEMENT ENVIRONMENTAL March 10, 2020 Item #4 Page 13 of 14