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HomeMy WebLinkAbout2023-05-16; Municipal Water District; ; Amendment to the Master Agreement with Brown and Caldwell for Supervisory Control and Data Acquisition Master Plan for Sewer, Water and Recycled Water SystemsCA Review GH Meeting Date: May 16, 2023 To: President and Board Members From: Scott Chadwick, Executive Manager Staff Contact: Stephanie Harrison, Utilities Technical Services Manager stephanie.harrison@carlsbadca.gov, 442-339-2310 Vicki Quiram, Utilities Director vicki.quiram@carlsbadca.gov, 442-339-2307 Subject: Amendment to the Master Agreement with Brown and Caldwell for Supervisory Control and Data Acquisition Master Plan for Sewer, Water and Recycled Water Systems Districts: All Recommended Action Adopt a resolution of the Board of Directors of the Carlsbad Municipal Water District, 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. Executive Summary Reliable water and wastewater services are vital for the protection of human health, safety and environmental protection. Carlsbad Municipal Water District’s water and the city’s wastewater systems comprise intricate networks of pipes, pumps and lift stations, tanks and reservoirs and pressure-reducing stations that control the flow of water and wastewater. These systems must be monitored on a 24-hour per day basis to assure public health and environmental protection. Supervisory Control and Data Acquisition systems, or SCADA, are used by water and wastewater utilities to remotely monitor and control equipment at these sites. In addition, the systems gather critical data to ensure that the equipment is operating efficiently, and that water and wastewater are flowing properly. Proper SCADA systems are a best management practice for utility providers. Technology has changed rapidly over the last decade and the Utilities Department’s existing systems require substantial updating. In 2017,the CMWD Board awarded the master agreement to Brown and Caldwell for development of a SCADA Master Plan for the sewer, water and recycled water. The term of the agreement was for three years with the ability to extend it for three additional one-year terms. The agreement term expires on May 23, 2023, and all extensions have been used. Staff request that the CMWD Board authorize extending the master agreement to retain the services of Brown and Caldwell during the construction phase of the project and allow the May 16, 2023 Item #3 Page 1 of 10 MUNICIIPAL WATER D IISTRIC'f Staff Report company to increase its rates until June 30, 2024, and provide for a rate increase of 5% for each additional agreement year. Brown and Caldwell, as the engineer of work, provided the design for the new SCADA system and is the most knowledgeable and best prepared to respond when questions or issues arise during construction. The agreement contained tasks for development of a SCADA Master Plan, design of a new SCADA system for water and wastewater, and engineering services during the construction phase of the new system. The tasks included in the master agreement have been completed except for the engineering services needed during construction. Construction is expected to start in the fall of 2023 and is estimated to take three years to complete. Explanation & Analysis SCADA is a monitoring and control system that uses computers, instruments, a graphical user interface and a communications network to provide utilities operators the ability to gather and analyze data about the performance of critical infrastructure in the water, recycled water and wastewater systems such as pumps, motors and reservoirs. This data is used to make decisions and identify issues. A SCADA system can also directly interact with equipment. It also allows operators to perform activities remotely, such as turning pumps on and off or opening and closing valves. The current SCADA system CMWD uses to monitor the water and recycled water systems has been largely custom-built over the last 25 years. It is now hard to find programmers who can work on the system, and it will soon be unsupportable. This CMWD system and a separate system used by the city for wastewater also lack the modern functionality needed to efficiently and effectively operate these critical infrastructure systems, gather data needed for decision- making and regulatory reporting, and provide system security. Following the normal bidding process, the CMWD Board awarded the master agreement to Brown and Caldwell for development of a SCADA Master Plan for the sewer, water and recycled water systems on May 23, 2017. The SCADA Master Plan was accepted by the CMWD Board in Sept. 17, 2019. It confirmed the need for a new SCADA system and standardized the hardware and software to be used. Since then, Brown and Caldwell worked on the multiple tasks identified in the master plan, including completing design of the new system. Staff are now ready to proceed with the programming and construction of the new system, but the master agreement will expire before staff are ready to ask the CMWD Board to award a contract for programming services and for authorization to go out to bid for construction. Construction is expected to take approximately three years, and staff request that the term of the master agreement with Brown and Caldwell be extended for engineering services during construction. A term extension would be beneficial to the project because Brown and Caldwell, the system designer, would be available during construction to review submittals and provide input. Fiscal Analysis The agreement had an initial term three years and was for an amount not to exceed $1,000,000, with options to extend the term by three additional one-year periods in an amount not to exceed $200,000 per agreement year. The agreement was amended to extend the term for the three additional one-year periods, for an amended amount of $1,600,000. There is May 16, 2023 Item #3 Page 2 of 10 approximately $480,000 remaining, so an increase in the agreement amount is not being requested at this time. The master agreement is funded from the SCADA Replacement Project, Capital Improvement Program Project No. 5542, and funds are split between the potable water, recycled water and sewer replacement budgets. Options Staff provide the following options for the CMWD Board’s consideration: 1. Approve Amendment No. 4 to the master agreement with Brown and Caldwell for SCADA Master Plan for Sewer, Water and Recycled Water Systems and extend the term for an additional three years Pros • Provides engineering services during construction from the engineering firm that provided the design for the new system • Provides consistency in engineering support throughout the life of the project • No additional funding is required Cons • None identified 2. Do not approve Amendment No. 4 to the master agreement with Brown and Caldwell Pros • None identified Cons • Potential inconsistencies in interpreting the design of the new SCADA system could occur • Potential inefficiencies and delays in construction as a new engineering firm or staff familiarize themselves with the project • Possible increased costs for additional consultant or staff time and possible delays in construction Staff recommend Option 1. SCADA Replacement Project Capital Improvement Program Project No. 5542 Potable water Recycled water Sewer Total appropriation to date $7,132,600 $1,658,400 $4,303,898 Total expenditures, encumbrances to date -$885,681 -$236,766 -$349,592 Total available funding $6,246,919 $1,421,634 $3,954,306 Remaining master agreement funds -$274,028 -$96,150 -$110,572 Remaining balance $5,972,891 $1,325,484 $3,843,734 May 16, 2023 Item #3 Page 3 of 10 Next Steps With the CMWD Board’s approval, staff will process Amendment No. 4 to the master agreement, and Brown and Caldwell will provide the engineering services needed to support construction of the new SCADA system. Staff will bring forward resolutions to the CMWD Board to authorize bidding for construction of the new SCADA system and awarding a contract for programming services, which is expected to occur in summer 2023. Environmental Evaluation This action does not constitute a project within the meaning of the California Environmental Quality Act under Public Resources Code section 21065 in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and therefore does not require environmental review. Exhibit 1. Carlsbad Municipal Water District Board of Directors resolution May 16, 2023 Item #3 Page 4 of 10 RESOLUTION 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. Exhibit 1 May 16, 2023 Item #3 Page 5 of 10 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) May 16, 2023 Item #3 Page 6 of 10 pv DocuSign Envelope ID: D1E44703-170D-4FE3-93D0-05837AFFB780 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 ~ +1--' day of ------~-------' 2023, extending and amend_ing the Master Services Agreement 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 compensation amount 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 to extend 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 to extend 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 to extend 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 the project 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 the Contractor 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 May 16, 2023 Item #3 Page 7 of 10 DocuSign Envelope ID: D1E44703-170D-4FE3-93D0-05837AFFB780 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 to time, will remain in full force and effect. · 4. 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. 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 May 16, 2023 [signatures on following page] General Counsel Approved Version 12/28/2022 2 of 4 Item #3 Page 8 of 10 DocuSign Envelope ID: D1E44703-170D-4FE3-93D0-05837AFFB780 CONTRACTOR BROWN AND CALDWELL, a California corporation By: QAAA.iJ, a.~, SUAi~r Vt~ fn.,sitluJ (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: Keith ~~ ATTEST: Sherry Freisinger, 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: CINDIE K. McMAHON, City Attorney By: biM frunrA- Deputy General Counsel General Counsel Approved Version 12/28/2022 3 of4 May 16, 2023 Item #3 Page 9 of 10 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 May 16, 2023 Item #3 Page 10 of 10