HomeMy WebLinkAbout2016-04-12; Municipal Water District; Resolution 15481
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RESOLUTION NO. 1548 ------
A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD
MUNICIPAL WATER DISTRICT AUTHORIZING EXECUTION OF THE
FIRST AMENDMENT TO THE REIMBURSEMENT AGREEMENT
BETWEEN THE CARLSBAD MUNICIPAL WATER DISTRICT AND THE
SAN DIEGO COUNTY WATER AUTHORITY FOR THE PLANNING AND
DESIGN OF THE CARLSBAD 5 FLOW CONTROL FACILITY (PROJECT
5038} AND PRESSURE REDUCING VALVE.
EXHIBIT 2
WHEREAS, in May 2014, Carlsbad Municipal Water District (CMWD) entered into a
Reimbursement Agreement with the San Diego County Water Authority (SDCWA) for the
Carlsbad 5 Flow Control Facility titled "Reimbursement Agreement between the Carlsbad
Municipal Water District and the San Diego County Water Authority for the Carlsbad 5 Service
Connection Facility Planning Study;" and
WHEREAS, in order to complete the design of the Carlsbad 5 Flow Control Facility,
SDCWA desires to execute the First Amendment to the Reimbursement Agreement between
the Carlsbad Municipal Water District and the San Diego County Water Authority for the
planning and design of the Carlsbad 5 Flow Control Facility and pressure reducing valve
(Reimbursement Agreement Amendment); and
WHEREAS, staff estimates the planning and design work, environmental, and land
acquisition will cost approximately $1,014,300 of the estimated $2.8 million project; and
WHEREAS, staff anticipates returning to the Board in 12 to 18 months for consideration
of another Amendment to the Reimbursement Agreement necessary to authorize construction
of the Carlsbad 5 Flow Control Facility.
NOW, THEREFORE, BE IT RESOLVED by the CMWD Board of Directors of the City of
Carlsbad, California, as follows that:
1. That the above recitations are true and correct and incorporated herein.
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2. That the CMWD President is authorized and directed to execute the Reimbursement
Agreement Amendment attached hereto as Attachment A.
3. That the Administrative Services Director is authorized to appropriate $1,014,300 from
the Water Connection Fee Fund for the Carlsbad 5 Flow Control Facility and Pressure Reducing
Valve project (Project No. 5038).
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PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal
Water District Board of the City of Carlsbad on the 12th day of April, 2016, by the following vote,
to wit:
AYES: Board Members Hall, Wood, Schumacher, Blackburn, Packard.
NOES: None.
ABSENT: None.
ATTEST:
First Amendment to Agreement
The Reimbursement Agreement Between the Carlsbad Municipal Water District and the San
Diego County Water Authority for the Carlsbad 5 Service Connection Facility Planning Study,
which was executed on May 12,2014 (Agreement), is amended effective ~H.NV B ~dOL~ ,
2016.
Purpose of Amendment:
Carlsbad has requested an addition to the scope of work, namely that the design of the Carlsbad 5
Flow Control Facility and Pressure Reducing Valve (Project) be added to the original scope of
work. This amendment addresses the addition to the scope of work and the increased
reimbursement for the work.
The Agreement is amended as follows:
1. Revise the title of the Agreement to add design and revise the facility name as follows:
Reimbursement Agreement between the Carlsbad Municipal Water District and the San
Diego County Water Authority for the Planning and Design of the Carlsbad 5 Flow Control
Facility and Pressure Reducing Valve
2. Section I, Description of Partnering Agencies, is amended to change the name of the
agreement pursuant to which desalinated water will be sold to the District and bought from the
Water Authority from "Member Agency Purchase Contract" to "Uniform Contract Between the
San Diego County Water Authority and City of Carlsbad for the Purchase of Treated Water
from the Carlsbad Desalination Project."
3. Section IV, Cost Reimbursement is amended as follows:
1. Paragraph A:
The District shall reimburse the Water Authority for its actual cost to complete the work
described in Attachment A -Scope of Work and within this Agreement. The estimated cost
for the planning study and the design of the Project, including all environmental permitting
and property acquisition, is approximately $1,014,300. If the construction of the Project is
delayed for an extensive period of time, the final design may need to be updated to meet
current codes and requirements. The District will pay the costs to modify the final design.
11. Add Paragraphs C, D, and E, as follows:
C. If District desires the Water Authority to terminate work at any time during design,
District will reimburse the Water Authority for all costs incurred through the date of
notification.
D. Deposit Schedule: Estimated costs for planning and design of the Project are shown in
Exhibit C-1. District will deposit with the Water Authority $1 ,014,300 within thirty (30)
calendar days of the execution of this Agreement.
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E. Project Cost Accounting: The Project cost accounting will be performed by the Water
Authority at the following milestones:
1. Phase 1: Completion of the Planning Study, Final Design, Environmental Review
and Property Acquisition for the Project.
2. Upon completion of Phase I, the Water Authority will provide an accounting report
to District detailing the costs.
2.1 If District's share of actual costs is more than the deposits, District will,
within thirty (30) calendar days of its receipt of an invoice representing the
results of the cost accounting, make full payment to the Water Authority of
all undisputed amounts. Any payment not made will be subject to a
delinquency charge of two (2) percent of the delinquent payment for each
month, or portion thereof, after said thirty (30) calendar days that the
payment remains delinquent; provided that disputed amounts shall not be
considered due until District and the Water Authority agree on the amount
actually due. If the delinquency does not exceed five (5) business days, the
charge shall be equal to one ( 1) percent of the delinquent amount; or
2.2 If the District's share of actual costs is less than deposits, the excess amount,
without interest, will be refunded by the Water Authority to the District
within 40 calendar days of the Water Authority providing final accounting to
the District.
3. Water Authority will retain detailed records from which costs are calculated for a
period of three (3) years from the date of the final invoice, and will be available for
verification by District. If District determines an audit is necessary, it will be
completed at District's expense during the three (3) year period. If any adjustments
are recommended by the audit, payment shall be made to the party, in accordance
with such recommendations. Payment shall be made within thirty (30) calendar days
of receipt an invoice resulting from the audit.
4. Amend Section V, Roles and Responsibilities of the Parties
1. Paragraph A is amended as follows:
A. Water Authority agrees to provide all labor and services necessary to complete the
planning study and design as described in Attachment A-Scope of Work and as
described below.
11. Add Paragraphs C and D as follows:
C. District will perform the following:
1. Review and provide written comments on plans, specifications, studies, reports, and
other documents provided by the Water Authority for the Project within twenty (20)
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working days of receipt. District's review shall not be unreasonably delayed or
withheld. If the District does not respond within the time stated herein, it will be
understood by the Parties that no District comment is forthcoming and the Water
Authority will proceed.
2. Assign a Project Manager to the Project to be the Water Authority's single point of
contact during planning and design of the Project.
D. The Water Authority will perform the following:
1. Provide all labor and services necessary to complete the planning study and design of
the Project.
2. Carlsbad 5 Flow Control Facility will be designed to Water Authority's standards
and the Pressure Reducing Valve will be designed to the District's standards.
3. Assign a Project Manager to be the District's single point of contact during the
planning and design of the Project.
4. Provide ten ( 1 0) calendar days' notice of meetings and other project related
occurrences.
5. Develop Request for Proposals, Notice of Inviting Bids, and select contractors to
provide the planning study, preliminary design, and final design services for the
Project.
6. Water Authority is the lead agency for the preparation and finalization the
environmental document(s) required by the Project.
7. Provide to the District, for review and comment, two (2) hard copies and one (1)
electronic copy of the design report, construction drawings and specifications, and
construction cost estimates.
8. Acquire any temporary construction easements and all other fee property for the
Project prior to the completion of design.
9. For the outlet piping, a buried monolithic insulating joint with butt straps will be
designed on the property line at the easterly limits of the Water Authority property
for change in ownership.
5. Add the following new Section VI, Facilities and Access Right of Way as follows and
renumber the consecutive sections.
VI. Facilities and Access Right of Way
A. The Carlsbad 5 Flow Control Facility will be located on property on the north side of
Lionshead A venue just west of Business Park Way in the City of Carlsbad as shown on
Exhibits A-1 and B-1 attached hereto and made a part of this Agreement. This property is
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currently privately owned. The Water Authority will purchase the property in fee, pursuant
to the terms of this Agreement. Facility access will be from adjacent public streets. The
Water Authority will retain ownership of the property.
B. The Pressure Reducing Valve will be located on property immediately adjacent to the
Carlsbad 5 Flow Control Facility as shown on Exhibits A-1 and B-1. This property is
currently privately owned but will be purchased in fee by the Water Authority, pursuant to
the terms of this Agreement and quitclaimed to the District upon completion of the Project.
The District will then own the property in fee. Facility access will be from adjacent public
streets.
C. Any landscaping required by the District outside of the Water Authority's property line of
the Carlsbad 5 Flow Control Facility shall be installed, owned and maintained by the
District. All landscaping shall be approved by the Water Authority and shall not impact the
integrity, security, operation, and maintenance of the Carlsbad 5 Flow Control Facility.
6. Delete Paragraph VII, Term in its entirety and revise the numbering of the consecutive sections.
7. Amend Section IX, Notice as follows:
1. Notice is amended to revise the Parties for the Water Authority and the District as follows:
With a copy to:
San Diego County Water Authority
4677 Overland A venue
San Diego, CA 92123
Attention: Director of Engineering
Carlsbad Municipal Water District
1635 Faraday Avenue
Carlsbad, CA 92008
Attention: Director of Engineering
City of Carlsbad
Carlsbad Municipal Water District
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Attention: General Counsel
All other terms, covenants, and conditions of the Agreement, as amended, shall remain in
full force and effect and shall be applicable to this First Amendment.
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IN WITNESS WHEREOF, the parties have executed the First Amendment to Agreement as
of the date written above.
San Diego County Water Authority
Approved as to form:
Rosann Gallien
Bepaty Oenetal Couftsd
~-----By: ____ ~---------------------
Hat tam
Counsel
5
Carlsbad Municipal Water District
By:
Attest:
Matt Hall
President
By.~~
Secretary
Approved as to form:
Heather L. Stroud
Deputy General Counsel
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GENERAL
AREA MAP
SCALE (feet) FLOW CONTROL FACILITY
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CAPITAL IMPROVEMENT
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EXHIBIT B
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Environmental
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EXIllBIT C-1
ESTIMATED PROJECT COSTS
Estimated Total for Planning and Design:
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Cost
$161,300
$450,000
$205,000
$198,000
$1,014,300