HomeMy WebLinkAbout2022-04-05; Municipal Water District; ; Authorize Execution of Amendment No. 4 to the Professional Services Agreement with NV5 Inc. to Extend the Term of the Agreement for the Recycled Water Phase Ill ReservoirMeeting Date:
To:
From:
Staff Contact:
Subject:
District:
April 5, 2022
President and Board Members
Scott Chadwick, Executive Manager
Dave Padilla, District Engineer
dave.padilla@carlsbadca.gov, 442-339-2356
Neil Irani, Utilities Associate Engineer
neil.irani@carlsbadca.gov, 442-339-2305
CA Review RMC
Authorize Execution of Amendment No. 4 to the Professional Services
Agreement with NV5 Inc. to Extend the Term of the Agreement for the
Recycled Water Phase Ill Reservoir Project
3
Recommended Action
Adopt 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, Capital Improvement Program Project No.
5210.
Executive Summary
This project includes design of the new D-4 recycled water storage reservoir, located at the
southeast corner of Poinsettia Lane and Black Rail Road (Exhibit 2), and related improvements
at the site. D-4 is the fourth reservoir to be constructed at what is known as the D-tank site. It's
also the last remaining component of the Recycled Water Phase Ill Plan to expand the
distribution and storage capacity of CMWD's recycled water system to meet the estimated
recycled water demands of the 2012 Recycled Water Master Plan and its 2019 update.
The CMWD Board of Directors approved a professional services agreement with NV5 Inc. for
engineering services to design the project on April 12, 2016 (Resolution No. 1546). The project
is now in the permitting process, which could continue until summer 2022. Staff request the
board's approval of Amendment No. 4 to the agreement to extend the term for an additional
two years until April 13, 2024, and to revise the labor rate schedule to allow time for
completion of the design and the permit review process. The previously approved not-to-
exceed contract amount of $336,416 will remain unchanged.
The Board's authorization is required to amend an agreement that costs more than $100,000
per agreement year under Carlsbad Municipal Code Section 3.28.040 -Procurement and
disposition responsibilities (D)(l).
April 5, 2022 Item #5 Page 1 of 10
Discussion
Background
During the project's preliminary project design phase in 2016, staff determined that new
projections for future recycled water demands were needed. These were generated in the 2019
Recycled Water Master Plan, which confirmed the reservoir size and budget for the project.
Engineering design by NVS was thus delayed until completion of the master plan, and an
agreement term extension was needed.
The original agreement authorized the Executive Manager to extend the term for one
additional year. The Executive Manager did so in March 2018, approving Amendment No. 1 to
the agreement, which extended the term until April 13, 2020.
Then, during the initial review process, staff determined the project site's permits would need
to be amended because the project had to be put on hold in anticipation of the 2019 CMWD
Recycled Water Master Plan update, which would include new projected demands on the
expansion of the recycled water system that would change the project design criteria.
The board approved Amendment No . 2 to the agreement in March 2020. This amendment
included the additional scope for the permitting efforts and extended the term of the
agreement until April 13, 2022, to align with the extended project schedule. It also increased
the consultant's compensation by $26,800 for additional design services for a total not-to-
exceed amount of $313,954.
The Assistant Executive Manager executed Amendment No. 3 in Dec. 2020. This amendment
authorized additional landscape design services that were required by the conditional use
permit and coastal development permit application review process. This increased the contract
amount by $22,462 for a total amount not to exceed $336,416.
As the design phase progresses, staff continue to coordinate with the city's Community
Development Department for necessary reviews. Staff expect the Planning Commission to
consider the project in summer 2022. If approved, staff will proceed with entitlement permits
and final review.
Amendment No. 4 will extend the term of the agreement for an additional two years to match
that timeline and revise the labor rate schedule to allow for continued permitting efforts and
for engineering services during construction.
Options
Staff provide the following options for the board's consideration:
1. Adopt a resolution authorizing execution of Amendment No. 4 to the professional
services agreement with NVS to extend the agreement term for an additional two years
and revise the labor rate schedule for the Recycled Water Phase Ill Reservoir Project
Pros
• The project design can be further developed to allow completion of engineering
and planning reviews, as well as subsequent permitting requirements
• The project would expand recycled water storage capacity
Cons
• None identified
April 5, 2022 Item #5 Page 2 of 10
2. Do not adopt the proposed resolution
Pros
• None identified
Cons
• Would delay completion of the permitting process, final design and construction
• Would delay expansion of recycled water storage capacity
Staff recommend Option 1.
Fiscal Analysis
The project is funded by Capital Improvement Program Project No. 5210-Recycled Water
Phase Ill Reservoir. The total appropriation to date is $3.12 million, with $2.7 million in available
funding. Amendment No. 4 will not increase the total agreement amount of $336,416, and
enough funds are available in the Capital Improvement Program project budget to cover these
costs.
The table below provides a summary of the available funds and estimated costs:
Recycled Water Phase Ill Reservoir
Capital Improvement Program Project No. 5210
Total appropriation to date $3,120,000
Total expenditures and encumbrances to date $388,131
Total available funding $2,731,869
Amendment No. 4 (extend term and revise labor rate schedule} $0
Total estimated expenditures $0
Remaining balance $2,731,869
Additional appropriation requested $0
Future construction costs and fees for construction management and inspection will be
budgeted as part of the fiscal year 2022-23 Capital Improvement Program budget process.
Next Steps
Execution of Amendment No. 4 will allow for completion of engineering design and permitting
of the project. If it is authorized by the board, staff will continue with engineering and planning
reviews to support the permitting phase and finalize the project design. Staff plan to return to
the board to request approval of the plans and specifications and authorization of solicitation of
bids for construction by early 2023.
Environmental Evaluation
This eva luation applies to the CMWD Phase Ill Recycled Water Project, CDP 2018-0011/SUP
2018-0001/PUB2018-0004, State Clearing House SCH# 2012091049. On Nov. 27, 2012, the
Board adopted Resolution No. 1455, approving the project's initial study/mitigated negative
declaration and mitigation monitoring and reporting program (EIA 12-02). This storage tank
project is a component of the Phase Ill Recycled Water Project and is subject to the mitigation
measures that are identified in that mitigation monitoring and reporting program.
An addendum to that declaration and program document that was approved by the board July
17, 2018 (Resolution No. 1601) included an evaluation of potential environmental impacts
associated with moving the storage tank 150 feet east of the original location that had been
April 5, 2022 Item #5 Page 3 of 10
studied in the 2012 initial study/mitigated negative declaration. On May 7, 2020, staff
submitted a new conditional use permit and coastal development permit application (CUP
2020-0003/CDP 2020-0021/PUB 2019-0006) to address design revisions made since the initial
application. Reviews by the city's Community Development Department staff are in progress.
The execution of Amendment No. 4 is within the scope of the adopted environmental studies
and no further environmental study is required to comply with the California Environmental
Qual ity Act, under CEQA Guidelines Section 15162.
Public Notification
This item was noticed in accordance with the Ra lph M. Brown Act and was available for public
viewing and review at least 72 hours prior to scheduled meeting date.
Exhibits
1. Carlsbad Municipal Water District Board resolution
2. Location map
April 5, 2022 Item #5 Page 4 of 10
RESOLUTION 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 111
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 landscape 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
schedule; 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 Am:l!i. 2022, by the following vote,
to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
None.
MA TT HALL, President
~ fuv FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
DocuSign Envelope ID: FC9C541 F-348C-4BDF-ADC8-4B D13388A8FD
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 tv,..,, day of
ft~V\ \ , 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.
Ill
Ill
Ill
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
NV5, 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:
/!f1--
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
Apri l 5, 2022 Item #5 Page 8 of 10
DocuSign Envelope ID: FC9C541F-348C-4BDF-ADCB-4BD13388A8FD
UTIL 1400
EXHIBIT "A"
REVISED FEE SCHEDULE
2022 CHARGE RATE SCHEDULE
Office:
Technical Services
E ngineering 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 E ngineer/Planner/Surveyor ....................................................................................................... $113.00/hour
Assistant Engineer/Planner/Surveyor .................................................................................................. $125.00 /hour
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-Persoo 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" (P\~ for Construction
Management aod 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
Exhibit 2
LOCATION MAP
NOT TO SCALE'
PROJECT NAME PROJECT EXHIBIT
D-4 RECYCLED WATER STORAGE
RESERVOIR -D TANK SITE
NUMBER 2 5210
DRAWN BY: SCOTT EVANS, CARLSBAD U11LJ1/ES DEPT. J/09/16 D: \U11LJ11ES DEPAR711ENT\LOCA 110N UAPS\AUTOCAD\5210.DIIG
Adopt a Resolution to Amend the
Professional Services Agreement for
the Recycled Water Phase III
Reservoir Project
Dave Padilla, Engineering Manager
Neil Irani, Utilities Associate Engineer
April 5, 2022
(cityof
Carlsbad
TODAY’S PRESENTATION
•Project Description
•Background
•Project Status
•Next Steps
•Recommended Action
ITEM 5: Recycled Water Reservoir Project
(cityof
Carlsbad
RECOMMENDED ACTION
Adopt a resolution:
•Authorizing execution of Amendment No. 4 to the professional
services agreement with NV5 Inc., to extend the agreement term
and revise the labor rate schedule for the Recycled Water Phase III
Reservoir Project, Capital Improvement Program Project No. 5210
ITEM 5: Recycled Water Reservoir Project
(cityof
Carlsbad
ITEM 5: Recycled Water Reservoir Project
•Construct a 1.5 million-gallon recycled water storage tank
•Tank diameter: 85 feet
•Tank height: 40 feet
•Proposed at the existing D-Tank site (Black Rail Road south of
Poinsettia Lane)
•Provide storage capacity to meet recycled water demand per
the 2012 and 2019 Recycled Water Master Plans
PROJECT DESCRIPTION
(cityof
Carlsbad
Project
Location
•2012 –Recycled Water Master Plan and Initial
Study/Mitigated Negative Declaration
•April 2016 –Professional services agreement with NV5 Inc. for engineering design, $287,154 (Resolution No. 1546)
•March 2018 –Amendment No. 1 to extend the agreement term to April 2020
•2019 Recycled Water Master Plan –revised recycled water demands
BACKGROUND
ITEM 5: Recycled Water Reservoir Project
(cityof
Carlsbad
March 2020 –Amendment No. 2
•CUP/CDP permitting assistance
•Increase the agreement amount by $26,800
•Extend the agreement term to April 13, 2022
Dec. 2020 –Amendment No. 3
•Landscape design and CUP/CDP permitting assistance
•Increase the agreement amount by $22,642
BACKGROUND
ITEM 5: Recycled Water Reservoir Project
(cityof
Carlsbad
•Community Development Department review in progress for
CUP/CDP permitting and final design
•Agreement term expires April 2022
•No increase in Project budget, agreement amount remains at
$336,416
•Requires Planning Commission hearing and public comment,
estimated for Summer 2022
PROJECT STATUS
ITEM 5: Recycled Water Reservoir Project
(cityof
Carlsbad
If Amendment No. 4 is approved:
•Continue planning coordination and CUP/CDP permitting phase
•Finalize project design
•Request approval of plans and specifications and authorization to
solicit bids for construction in early 2023
NEXT STEPS
ITEM 5: Recycled Water Reservoir Project
(cityof
Carlsbad
RECOMMENDED ACTION
Adopt a resolution:
•Authorizing execution of Amendment No. 4 to the professional
services agreement with NV5 Inc., to extend the agreement term
and revise the labor rate schedule for the Recycled Water Phase III
Reservoir Project, Capital Improvement Program Project No. 5210
ITEM 5: Recycled Water Reservoir Project
(cityof
Carlsbad
THANK YOU
ITEM 5: Recycled Water Reservoir Project
(cityof
Carlsbad