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HomeMy WebLinkAbout2024-03-26; Municipal Water District; Resolution 1730RESOLUTION NO. 1730 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, AUTHORIZING EXECUTION OF AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT WITH NV5 INC., TO EXTEND THE AGREEMENT TERM AND REVISE THE LABOR RATE SCHEDULE FOR THE RECYCLED WATER PHASE Ill RESERVOIR PROJECT WHEREAS, on April 12, 2016, the Carlsbad Municipal Water District, or CMWD, 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; and WHEREAS, on March 12, 2020, the CMWD 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, on April 5, 2022, the CMWD Board approved Amendment No. 4, which extended the agreement until April 13, 2024, and revised the labor rate schedule, leaving the total not-to-exceed Agreement amount of $336,416 unchanged; and WHEREAS, the Project is currently under construction with a construction contract completion date of July 19, 2024; and WHEREAS, staff desi re to extend the term for an additional year and amend the labor rate schedule with the total not-to-exceed Agreement amount of $336,416 unchanged; 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. 5 is within the scope of the adopted environmental studies and no further environmental study is required to comply with the California Environmental Quality Act, under CEQA Guidelines Section 15162. 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. 5 to the Agreement with NVS for the Project, which is attached hereto as 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 26th day of March, 2024, 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)