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Home My WebLink About2024-03-26; Municipal Water District; ; Amendment No. 5 to the Professional Services Agreement with NV5 Inc. for the Recycled Water Phase III Reservoir ProjectCA Review GH Meeting Date: March 26, 2024 To: President and Board Members From: Scott Chadwick, Executive Manager Staff Contact: Dave Padilla, Assistant General Manager/District Engineer dave.padilla@carlsbadca.gov, 442-339-2356 Neil Irani, Utilities Associate Engineer neil.irani@carlsbadca.gov, 442-339-2305 Subject: Amendment No. 5 to the Professional Services Agreement with NV5 Inc. for the Recycled Water Phase III Reservoir Project District: 3 Recommended Action Adopt a Carlsbad Municipal Water District Board of Director’s resolution 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 III Reservoir Project. Executive Summary The Carlsbad Municipal Water District (CMWD) is building a new recycled water storage reservoir at the water storage facility on Black Rail Road and making related improvements at the site. The CMWD Board approved a professional services agreement in 2016 with NV5 Inc. for engineering services to design the project (CMWD Board Resolution No. 1546). Staff are now requesting the CMWD Board’s approval of Amendment No. 5 to the agreement to extend the term for an additional year and revise the labor rate schedule effective through the completion of engineering services during construction. The previously approved not-to-exceed contract amount of $336,416 will remain unchanged and no additional funding is required. The CMWD 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)(1). Explanation & Analysis This project, Capital Improvement Program Project No. 5210, includes design and construction of the new water storage tank, the D-4 reservoir at the water storage facility on southeast corner of Poinsettia Lane and Black Rail Road, as shown on Exhibit 2. It will be the fourth reservoir to be constructed at the D-tank site. It is also the last remaining component of the Recycled Water Phase III Plan to expand the distribution and storage capacity of the CMWD’s recycled water system to meet the estimated recycled water demands of the 2012 Recycled Water Master Plan and its 2019 update. The project is now in construction with a contract completion date of July 19, 2024. March 26, 2024 Item #5 Page 1 of 9 During the project’s preliminary 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. NV5’s engineering design was delayed until the master plan could be completed, and an agreement term extension was required. •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. •The CMWD Board then approved Amendment No. 2 to the agreement in March 2020. This amendment included additional scope to extend the permitting effort and 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 December 2020 through authority based in Carlsbad Municipal Code Sections 3.28.040(C)(7) 3.28.040(C)(10). This amendment authorized additional landscape design services that were required by the conditional use permit and coastal development permit. This increased the contract amount by $22,462, for a total amount not to exceed $336,416. •The CMWD Board executed Amendment No. 4 to extend the term of the agreement for an additional two years to April 13, 2024, and to revise the labor rate schedule to account for city review, permit approvals, contract bidding, contract award and construction of the project. Staff issued a notice to proceed with construction to the construction contractor on Sept. 18, 2023, for a contract duration of 210 working days. An additional one-year extension of the professional services agreement with NV5 will provide enough time to complete the construction phase services without additional compensation. Fiscal Analysis The project is funded by CIP Project No. 5210 – Recycled Water Phase III Reservoir Project. Amendment No. 5 will not increase the total agreement amount of $336,416, which has already been encumbered. The table below provides a summary of the available funds and estimated costs: The construction contract and all construction phase inspection and support services required for project completion are fully encumbered and within the budget. Recycled Water Phase III Reservoir Project Capital Improvement Program Project No. 5210 Total appropriation to date $7,033,000 Total expenditures and encumbrances to date -$6,665,840 Total available funding $367,160 Amendment No. 5 (extend term and revise labor rate schedule) $0 Total estimated additional expenditures $0 Remaining balance $367,160 Additional appropriation requested $0 March 26, 2024 Item #5 Page 2 of 9 Next Steps Upon the CMWD Board’s approval of Amendment No. 5, staff will continue working with NV5 to support the completion of project construction. Environmental Evaluation This evaluation applies to the CMWD Phase III Recycled Water Project (CDP 2018-0011/SUP 2018-0001/PUB2018-0004, State Clearing House SCH# 2012091049). On Nov. 27, 2012, the CMWD’s Board adopted Resolution No. 1455, approving the project’s initial study/mitigated negative declaration and mitigation monitoring and reporting program (EIA 12-02). On July 20, 2022, the Planning Commission approved a new conditional use permit and coastal development permit application (CUP 2020-0003/CDP 2020-0021/PUB 2019-0006) and found that no further environmental documentation was required (Resolution No. 7457). 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. Exhibits 1.CMWD Board resolution 2.Location map March 26, 2024 Item #5 Page 3 of 9 DocuSign Envelope ID: C3DA0283-B5DC--457F-9810--4DF3E09B6FE4 Attachment A UTIL1400 AMENDMENT NO. S TO THE AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR RECYCLED WATER STORAGE RESERVOIR AT THE D TANK SITE BETWEEN CMWD AND NVS, INC. This Amendment No. 5 is entered into and effective as of the 1,(t-; day of M (. cub , 2024, extending and amending the agreement dated April 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, California ("CMWD"), and NV5, Inc., a California corporation ("Contractor") (collectively, the "Parties"). RECITALS A. On March 28, Q018, the Parties executed Amendment No. 1 to the Agreement to extend the Agreement for a period of two (2) years; and B. On March 12, 2020, the Parties executed Amendment No. 2 to the Agreement to add Corrditional Use Permit application services 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 add landscape design services; and D. On April 7, 2022, the Parties executed Amendment No. 4 to the Agreement_ to revise the fee schedule and extend the Agreement for a period of two (2) years. E. The Parties now desire to amend the Agreement to extend the term for one (1) year and revise the fee schedule. NOW, TH ERE FORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year until April 13, 2025. 2. The fee schedule set forth in Exhibit "A" is hereby amended as set forth in Exhibit "A" Fee Schedule (AMENDED), attached to this Amendment No. 5 and incorporated in by this reference. 3. All other provisions of the Agreement, as may have been amended from time to time, shall 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, shall include coverage for this Amendment. 5. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. General Counsel Approved Version 12/28/2022 1 March 26, 2024 Item #5 Page 6 of 9 2024 CHARGE RATE SCHEDULE Office: Technical Services Engineering Aide/Planning Aide ............................................................................................................. $67.00/hour Project Assistant .......................................................................................................................................... $85.00/hour Project Administrator ............................................................................................................................... $110.00/hour CADD Technician II ................................................................................................................................ $122.00/hour CADD Technician III .............................................................................................................................. $134.00/hour Senior CADD Technician/Designer ..................................................................................................... $159.00/hour Professional Junior Engineer/Planner/Surveyor ....................................................................................................... $122.00/hour Assistant Engineer/Planner/Surveyor .................................................................................................. $135.00/hour Principal Geologist .................................................................................................................................... $219.00/hour Senior Geologist ........................................................................................................................................ $184.00/hour Project Geologist ....................................................................................................................................... $171.00/hour Senior Engineer/Planner/Surveyor ....................................................................................................... $184.00/hour Project Manager ......................................................................................................................................... $238.00/hour Principal ...................................................................................................................................................... $311.00/hour Field Surveying 1-Person Survey Crew (GPS) (Robotic) ................................................................................................ $226.00/hour 1-Person Survey Crew .............................................................................................................................. $179.00/hour 2-Person Survey Crew .............................................................................................................................. $308.00/hour 3-Person Survey Crew .............................................................................................................................. $408.00/hour Survey Manager ......................................................................................................................................... $232.00/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 2024. If contract assignment extends beyond that date, a new rate schedule will be added to the contract. Rates based on “Prevailing Wage” (PW) for Construction Management and Surveying will be determined by Project and County per California law. EXHIBIT A (Amended) DocuSign Envelope ID: C3DA02B3-B5DC-457F-9810-4DF3E09B6FE4 March 26, 2024 Item #5 Page 8 of 9 Exhibit 2 March 26, 2024 Item #5 Page 9 of 9