HomeMy WebLinkAbout1998-05-19; Municipal Water District; 414; Maerkle Reservoir Cover & Liner-
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TG. 05119/98
IPT. CMWD
BAD MUNICIPAL WATER DISTRICT - AGENDA BILL q+‘/
APPROVAL AND ACCEPTANCE OF AN TITLE:
EXTENSION AND AMENDMENT NO. 1 TO PROFESSIONAL
SERVICES AGREEMENT BETWEEN JOHN POWELL &
ASSOCIATES, INC. AND CMWD TO EXTEND
GEOTECHNICAL AND COVER CONSULTANT SERVICES
AND APPROPRIATION OF FUNDS FOR MAERKLE
RESERVOIR-COVER & LINER, CMWD 90-I 09, CIP NO. 3388
CITY MGR. @4/
RECOMMENDED ACTION:
Adopt Resolution No. IO i 6 for approval and acceptance of an Extension and
Amendment No. 1 to Professional Services Agreement between John Powell & Associates,
Inc. and Carlsbad Municipal Water District to extend Geotechnical and Cover Consultant
Services and appropriation of funds for Maerkle Reservoir Cover & Liner, CMWD Project No.
90-109, CIP No. 3388.
ITEM EXPLANATION:
On October 1, 1996, the Board of Directors accepted a proposal submitted by John Powell &
Associates, Inc. for construction management services to include shop drawing review, cover
inspection, electrical and structural review, geotechnical testing and inspection, and as
needed engineering related services, and authorized the President to execute a contract with
John Powell & Associates, Inc. in the amount of Z&127,960.00. The contract was entered into
on December 18,1996.
The project involves construction to re-grade the interior of the earthen reservoir, install an
asphalt liner and polypropylene cover and appurtenances. The project was anticipated to
require approximately five hundred forty (540) calendar days to completion. However, the
construction will require an additional ninety (90) days. The staff is requesting an extension
of ninety days to complete the amended services.
John Powell & Associates have submitted a proposal to extend their services for
Geotechnical and Cover Consultant Services for the Maerkle Reservoir Cover and Liner
These services will be provided as an amendment under the terms of the existing Agreement
between Powell and CMWD. The Agreement included an estimated $29,500 in
Geotechnical services. Based on the work done to date an estimate of the work required to
complete the project, a total of $55,615 will be expended on Geotechnical Services for this
project. The Agreement included an estimated $18,644 in Specialty Cover Services. Based
on the additional work done to date an estimate of the work required to complete the project,
a total of $40,885 will be expended on Specialty Cover Services for this project.
The staff has reviewed the proposal and recommends the Board of Directors approval and
acceptance of the Extension and Amendment No. I to the Professional Services Agreement
between John Powell Associates, Inc. and Carlsbad Municipal Water District.
ENVIRONMENTAL REVIEW:
The City Planning Department issued a Mitigated Negative Declaration for this project on
June 8, 1995. No permit was required from the Coastal Commission.
Page 2 of Agenda Bill No. 414
FISCAL IMPACT:
Funds in the amount of $5,417,980 have been appropriated in the 1997-98 Budget as part of
the Water Replacement and New Development Fund. The available balance is $2,202,050.
The Additional Services described will be provided with an upper limit not to exceed $48,356.
The Agreement limit will be amended from $125,808 to $174,164.
1 Additional Geotechnical Services $26.115 1
EXHIBITS:
1. Location Map.
2. Extension and Amendment No. 1 to Agreement between John Powell & Associates, Inc.
and Carlsbad Municipal Water District.
3. Resolution No. 10 16 for approval and acceptance of an Extension and Amendment
No. 1 to Professional Services Agreement between John Powell & Associates, Inc. and
Carlsbad Municipal Water District for additional Geotechnical and Cover Consultant
Services and appropriation of funds for Maerkle Reservoir Cover & Liner, CMWD Project
No. 90-109, CIP No. 3388.
LKATION MAP
, caaeas CCEANSM .
CARLS6.$0
VICINITY _ MAP
PROJECT NAME:
MAERKLE DAM COVERING 81 LINING
Pf?oJEcT fm
900 109
3
EXTENSION AND AMENDMENT NO. 1 TO AGREEMENT
This Amendment is entered into and effective as of the \ 9 day of
a, 199 LB amending the agreement dated December 18, 1996 by and
between the Carlsbad Municipal Water District, a municipal corporation hereinafter referred to as
“District”, and JOHN POWELL & ASSOCIATES. INC., hereinafter referred to as, “Contractor” for
Construction Manaaement Services for Preoaration of Maerkle Reservoir - Cover and Liner. CMWD
Proiect No. 90-109.
RECITALS
WHEREAS, the District and Contractor desire to extend the term of the agreement
dated December 18. 1996 for a period of ninetv (901 davs ending on SeDtember 9, 1998; and
WHEREAS, the initial agreement, dated December 18. 1996 identified a scope of work
Construction Manaaement Services for Preoaration of Maerkle - Cover and Liner. CMWD Proiect No. 90-
m; and
WHEREAS, the parties to this aforementioned agreement desire to alter the scope of
work as follows: Additional Geotechnical and Cover Consultant Services; and
WHEREAS, a supplemental scope of work and fee schedule have been negotiated and
agreed to between the parties, hereto, and as shown on Exhibit “A” Scope of Services and Fee;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, District and Contractor hereby agree as follows:
1. The term of the agreement shall end on Seotember 9. 1998.
2. Contractor shall provide services as outlined on the attached Exhibit “A”.
3. District shall pay Contractor for all work associated with Paragraph 1 above, on a
time and materials basis not-to-exceed $48.356. Contractor shall provide District on a monthly basis,
copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and
costs for approval by District.
09/l l/96
4. All other provisions of the aforementioned agreement entered into on December 18,
j!3J6, by and between the District shall remain in full force and effect.
5. All requisite insurance policies to be maintained by the Contractor shall include
coverage for the amended assignment and scope of work for the extension period.
Acknowledged and Accepted:
CONTRACTOR:
JOHN POWELL & ASSOCIATES, INC.
CARLSBAD MUNICIPAL WATER DISTRICT, a municipal corporation of the State of California
JO&l&l. POWELL, President
(print name/title)
ATTEST:
&
ALETHA L. RAUTENKRAW \
By: Secretary
(sign here)
da lmr-- DATE
(print name/title)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
General Counsel
CMWD 90-I 09
09/11/96
STATE OF CALIFORNIA 1
ks.
COUNTYOF &r~ n; e cc) I
On L ,q-& Mk before me,
D@E
SAflh et. rnlwbr
PJ ma, N-ER
personally appeared M. QimL\\ NAME(S) OF SIGNER(S)
personally known to me - OR - ” 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.
WITNESS my hand and official seal.
(This area for official notary seal.)
Title or Type of Document T 3c+sq3; m t A #- cuY-ur\tJ -a& \ e.;cc+ti; 90-w? .
Date of Document - No. of Pages 9
Signer(s) other than named above -
CMWD 99-109
06/14/95 Rev.
PmVELL - -
John Powell & As: stes. Inc. ! Consulting Civil Engineers
EXHIBIT "A"
April 27, 1998
Mr. William Plummer
District Engineer
Carlsbad Municipal Water
5950 El Camino Real
Carlsbad, CA 92008
SUBJECT: ADDITIONAL GEOTECHNICAL AND COVER CONSULTANT
SERVICES TO ORIGINAL CONTRACT AMOUNT FOR MAERKLE
RESERVOIR COVER AND LINER PROJECT
Dear Mr. Plummer:
John Powell &, Associates, Inc., (Powell) is pleased to submit this requested proposal to
provide additional services for the Maerkle Reservoir Cover and Liner. These services will
be provided as an amendment under the terms of the existing Agreement between Powell
and the Carlsbad Municipal Water District. The scope additions are as follows:
I. SCOPE OF SERVICES
A. Powell will provide the following additional Geotechnical engineering services:
Powell has retained AGRA Earth and Environmental to provide Geotechnical
Engineering Service during construction. The field testing and observation work
were scheduled by Bill Lopez who requested as needed testing and directed the
number and duration of site visits for the field technician. Reports documenting
time spent in the field are provided to Mr. Lopez daily.
Our Agreement included an estimated $29,500 in Geotechnical Services. Based on
the additional work done to date and AGRA’s estimate of the work required to
complete the project, a total of $55,615 will be expended on Geotechnical Services
for this project.
B. Powell will provide the following additional Specialty Cover engineering services:
Powell has retained William Way to provide Specialty Cover Engineering Service
during construction. Additional submittal reviews, clarifications, and changes have
been requested by the District/City. The additional field observation visits are
scheduled by Bill Lopez who requests observation and directed the number and
duration of site visits.
Our Agreement included an estimated $18,644 in Specialty Cover Services. Based
on the additional work done to date and Mr. Way’s estimate of the work required to
complete the project, a total of $40,885 will be expended on Specialty Cover Services
for this project.
175 Calle Magdalena. SuitelOl. Encinitas. CA 92024 I C7601;753-1120 I Fax C7601753-0730 I E-Mail: merketing@jpowell.com
l\,
Mr. William Plummer, Jistrict Engineer
April 27,199s
Page 2 of 2
II. FEES AND CONDITIONS
The Additional Services described in Section I-A and B above will be provided with an
upper limit not to exceed $48,356. The agreement limit will be increased from $125,808 to
$174,164. Unless specifically amended herein, all terms and conditions of our original
Agreement remain unchanged and are incorporated hereto.
If you are in agreement with the above, please have an authorized representative sign both
copies of this letter and return one copy to our office, and keep the second executed copy for
your files. Upon execution, this letter will serve as Amendment Number 1 to our original
Agreement dated August 8, 1996. This Amendment request supersedes our December 10,
1997 request.
Since this Amendment covers work authorized in the past, your expeditious response to
this Amendment and payment for past services would be greatly appreciated.
If you have any questions, please give Mr. Larry Pierce or me a call Thank you for the
opportunity to provide these services. We look forward to continuing to work with you on
this project.
Very truly yours, Accepted by:
AOHN POWELL & ASSOCIATES, INC. CARLSBAD MUNICIPAL WATER DISTRICT
u John M. Powell
President
JMPirb
c: Sara Maples, Powell
Larry Pierce, Powell
Richard Cook, City of Carlsbad
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Signature
/
Print Name
Title
/
o:\082\016\2amendltrl
Date
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John Powell & Associates, Inc. 175 Celle Magdalena. Suite 101, Encinitas. CA 92024 I f76017531120 I Fax (760) 7530730 fji
1
RESOLUTION ADOPTED BY
UNANIMOUS WRITTEN CONSENT OF DIRECTORS
OF
JOHN POWELL & ASSOCIATES, INC.
A California Corporation I $gL
The undersigned, being the only members of the Board of Directors of John
Powell & Associates, Inc., A California Corporation, do by this writing, consent to
take the following actions and adopt the following Resolutions without a formal
meeting of the Board:
. Be it resolved that:
John M. Powell, in his capacity as President, has the authority to
contractually commit the corporation without prior knowledge, consent or action of
the Board of Directors.
We direct that this consent by filed with the Minutes of the proceedings of the
Board of Directors of the corporation.
This unanimous written consent is executed pursuant to section 307(c) of the
Corporations Code of the State of California, U.S.A., and the Bylaws of the
corporation, which authorize the taking of action by the Board of Directors by
written unanimous consent without a meeting.
Dated: 4/7/?5-
Dated: b/y 14 5- u -
Dated: dzlss
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RESOLUTION NO. 1016 EXHIBIT 3
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE CARLSBAD MUNICIPAL WATER DISTRICT OF
CARLSBAD, CALIFORNIA FOR APPROVAL AND
ACCEPTANCE OF AN EXTENSION AND AMENDMENT
NO. I TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN JOHN POWELL & ASSOCIATES, INC. AND
CARLSBAD MUNICIPAL WATER DISTRICT FOR
ADDITIONAL GEOTECHNICAL AND COVER
CONSULTANT SERVICES AND APPROPRIATION OF FUNDS FOR MAERKLE RESERVOIR COVER AND
LINER. CMWD PROJECT NO. 90-109, CIP NO. 3388
WHEREAS, THE Board of Directors of the Carlsbad Municipal Water District has
previously authorized a professional services agreement between John Powell &
Associates, Inc. and the Carlsbad Municipal Water Services for Construction Management
Services for Preparation of Maerkle Reservoir - Cover and Liner, CMWD Project No. 90-
109; and
WHEREAS, John Powell & Associates, Inc. has submitted a requested proposal to
provide additional Geotechnical and Cover Consultant Services and staff recommends an
additional ninety (90) days for completion of the Construction Management Services; and
WHEREAS, the additional services will be provided at a cost amount not to exceed
$48,356; and
WHEREAS, the Resolution No. 958, adopted the I”’ day of October, 1996,
appropriated $127,960 for the construction management professional services agreement,
and the agreement was executed for $125,808; and an additional appropriation of $46,188
will be required to complete the additional services.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. That the above recitations are true and correct.
ill
Ill
Ill
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2. That the proposed amendment in the amount of $48,356 submitted by John
Powell & Associates, Inc. and request for an extension of ninety (90) days to complete the
amended services is hereby accepted, and the President is hereby authorized to execute
the Extension and Amendment No. 1 to the Professional Services Agreement thereafter.
3. That the Finance Director is authorized to appropriate an additional $46,188 from
the Water Replacement Fund.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad
Municipal Water District held on the 19 day of May , 1998, by the following
vote to wit:
AYES: Board Members Finnila, Nygaard, Hall & Kulchin
NOES: None
ABSENT: Board Member Lewis
RAMONA FINNILA, Baeekdent Pro Tern
ATTEST:
(SEAL)
May 27,1998
John Powell & Associates, Inc.
Attn: John Powell, President
175 Calle Magdalena, Suite 101
Encinitas, CA 92024
RE: CMWD PROJECT 90-109, CONTRACT 3388, MAERKLE RESERVIOR
Enclosed for your records is a copy of Carfsbad Municipal Water District Agenda Bill
No. 414 and Resolution No. 1016 which approved an extension to the existing
agreement with your company, and also approved Amendment No. 1 to this same
agreement.
I have also enclosed a copy of the signed “Extension and Amendment No. I to
Agreement”.
If you have questions regarding the agreement extension and amendment, please call
Mr. William Plummer, Water District Engineer, at (760) 438-2722 extension 7126.
KATHLEEN D. SHOUP
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (760) 434-2808 @