HomeMy WebLinkAbout2002-03-05; City Council; 16676; Flow Equalization Project Joint Use FacilitiesJ I7
CITY OF CARLSBADEARLSBAD MUNICIPAL WATER DISTRICT -AGENDA BILL./
B# lb, b7b ~- DEPT. HD.'h u: APPROVE AGREEMENT BETWEEN
ENCINA WASTEWATER AUTHORITY AND THE IJ! ITG. 3 5-03 21191Op-
PROJECT NO. 3675-2 EPT. ENG
CITY CITY OF CARLSBAD FOR THE DESIGN AND CONSTRUCTION OF
FLOW EQUALIZATION PROJECT JOINT USE FACILITIES
RECOMMENDED ACTION:
Adopt Resolution No. 2- @ 7 5 to approve Agreement between Encina Wastewater Authority
and the City of Carlsbad for the Design and Construction of Flow Equalization Project Joint Use
Facilities, Project No. 3675-2.
Adopt Resolution No. I\ 4 0 to approve appropriation of funds from Carlsbad Municipal
Water District's Encina Basin Water Reclamation Program, Phase II project fund, to City of
Carlsbad.
ITEM EXPLANATION:
CMWDs Encina Basin Water Reclamation Program, Phase II Project (Phase II) was approved for
funding by the State Water Resources Control Board on January 23, 2002. A part of the Phase II
an influent pumping station, a treated water storage reservoir and a recycled water pumping station. . project includes the design and construction of an influent flow equalization storage reservoir,
Concurrently, the Encina Wastewater Authority (EWA) is planning to design and construct a
7.0 million gallon flow equalization storage reservoir and a flow equalization pumping station.
storage volume available from EWA's flow equalization reservoir for use by CMWDs proposed
Both CMWDs Phase II facilities and EWAs project have been combined to take advantage of the
Carlsbad Water Recycling Facility (CWRF). The combined project is referred to as the
"Flow Equalization Joint Use Facilities". This approach saved considerable expense in the cost of
the CWRF and utilizes reservoir capacity that is only needed by EWA during major wet-weather
events. During major wet-weather events, the demand for recycled water is significantly reduced and
can be supplied from other storage reservoirs in the distribution piping system.
The City of Carlsbad is a member agency of EWA, and under a separate agreement with EWA
purchased the property for the CWRF. To provide continuity with the property purchase agreement,
a new agreement between the City of Carlsbad and EWA was negotiated and prepared to provide for the cost of designing and constructing the Flow Equalization Joint Use Facilities. The major
elements of the agreement call for the City to fund its proportionate share of the design and
construction cost plus any costs for "add-on facilities", which only are needed for the CWRF.
The add-on facilities include modifications to EWAs flow equalization reservoir for use by the
CWRF, additional pumps for CWRF at EWA's influent pumping station, and a new recycled water
pumping station. These add-on facilities will be owned by the City.
The CWRF and the Flow Equalization Joint Use Facilities are being funded by the Carlsbad
Municipal Water District. Therefore, the CMWD will be transferring funds from the Encina Basin
Water Reclamation Program, Phase II project fund.
ENVIRONMENTAL REVIEW
A Mitigated Negative Declaration was prepared for the Phase II project. This was approved by the City Council on January 25,2000 under Case No. EIA 99-09,
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Page 2 of Agenda Bill No. lb I 1 1'
FISCAL IMPACT:
EWA Agreement - The total cost for design and construction of the flow equalization joint use
the City will only pay for its proportionate share of the design and construction cost. As estimated project is $1 1.2 million. The agreement for the Flow Equalization Joint Use Project stipulates that
the construction cost is approximately $2,270,000. The City's total project cost share combining by the engineering design consultant, the City's share of the design cost is $360,000 and
design and construction is $2,970,000. EWA's share of the design cost is $437,000 and the construction is approximately $7,840,000.
The flow equalization joint use facilities project is part of the Phase II project. The total estimated Phase II project cost is shown in the Table below.
The project is being financed through a combination of local, State, and Federal funding programs. These programs include the following:
Local Funding - Under previous resolutions, the Board appropriated $4.6 million from the Water Capital Replacement Fund for the Phase II project.
SWRCB Loan and Grant - On January 23, 2002, the State Water Resources Control Board approved a $31 million low-interest loan and $5 million grant. Between the local funding and the
State funding, there is a total of $40.6 million available which is sufficient to fund the construction of the Phase II project.
Federal - Funding - The Phase II project has also authorized to receive a 25 percent project grant from the Federal Bureau of Reclamation (BUREC) in 1997. It is estimated that CMWD may receive $2 million in grant funding this current fiscal year, and additional grant funds in
subsequent fiscal years. The total maximum amount of funding from the BUREC could amount to $9 million. The SWRCB grant and the BUREC grant can be combined on the Phase II project, which would total approximately $14 million. The Phase II project was also appropriated
the BUREC grant cannot be combined, however. approximately $2.2 million from the Environmental Protection Agency (EPA). The EPA grant and
EXHIBITS:
1. Location Map.
2. Resolution No. ?CC:'3 C 75. to approve an agreement between Encina Wastewater Authority and the City of Carlsbad for the Design and Construction of Flow Equalization Project Joint Use Facilities, Project No. 3675-2.
3. Adopt Resolution No. \\'-\C', to approve appropriation of funds from Carlsbad Municipal Water District's Encina Basin Water Reclamation Program, Phase II project fund, to City of Carlsbad.
4. Agreement between the Encina Wastewater Authority and the City of Carlsbad for the Design and Construction of Flow Equalization Project Joint Use Facilities.
LOCATION MAP
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POLLUTION RECYCLED WATER PUMP STATION
PROJECT
SITE
PROJECT NAME PROJECT EXHIBIT AGREEMENT BETWEEN CITY AND EWA NUMBER
FOR FLOW EQUALIZATION JOINT USE FACILITIES 3675-2 1
$3- c:,c,5,i.~~~i.;\d~,.o~cil\tii.,',u.;mor\~~~ocMn~i\~,;~..~~~,21~'"e"""lCilyin~.d*q 01/31,'w2 ,569 B%jl
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RESOLUTION NO. 2002-075
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO APPROVE AN AGREEMENT
OF CARLSBAD FOR THE DESIGN AND CONSTRUCTION OF
BETWEEN ENCINA WASTEWATER AUTHORITY AND THE CITY
FLOW EQUALIZATION PROJECT JOINT USE FACILITIES,
PROJECT NO. 3675-2.
WHEREAS, the Encina Basin Water Reclamation Program, Phase II project (Phase II)
was approved for a low-interest loan and grant by the State Water Resources Control Board on
January 23,2002; and
WHEREAS, the Phase II project includes the improvements contained in the flow
equalization joint use facilities; and
WHEREAS, an agreement has been prepared between Encina Wastewater Authority and
the City of Carlsbad for the design and construction of the Flow Equalization Joint Use Facilities.
NOW, THEREFORE, BE IT RESOLVED by the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Phase II Project fund shall be used to pay the City of Carlsbads share of
the Design and Construction Cost of Flow Equalization Project Joint Use Facilities.
3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute
said agreement.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held onthe 5th day of MARCH , 2002 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
II NOES: None
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RESOLUTION NO. 1140
A RESOLUTtON OF THE BOARD OF DIRECTORS OF
CARLSBAD MUNICIPAL WATER DISTRICT (CMWD)
APPROVING THE APPROPRIATION OF FUNDS FROM
ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE II
AND CONSTRUCTION OF FLOW EQUALIZATION PROJECT
PROJECT TO THE CITY OF CARLSBAD FOR THE DESIGN
JOINT USE FACILITIES, PROJECT NO. 3675-2.
WHEREAS, the Encina Basin Water Reclamation Program, Phase II project was
approved for a low-interest loan and grant by the State Water Resources Control Board on
January 23,2002; and
WHEREAS, the Phase II project includes the improvements contained in the flow
equalization joint use facilities; and
WHEREAS, an agreement has been prepared between Encina Wastewater Authority and
the City of Carlsbad for the design and construction of the flow equalization joint use facilities.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal
Water District (CMWD) of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the CMWD is authorized to make payment to the City of Carlsbad in the
amounts specified in the agreement between the Encina Wastewater Authority and the City of
Carlsbad for the flow equalization joint use facilities.
3. That an appropriation of $2,970,000 is authorized from the Encina Basin Water
Reclamation Program, Phase II project fund account.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal
Water District held on the x day of MARCH , 2002 by the following vote, to wit:
AYES: Board Members Lewis, Kulchin, Finnila, Nygaard, Hall
,
-0RRAINE M. WOOD, Secretary
.s
AGREEMENT BETWEEN THE ENCINA WASTEWATER AUTHORITY AND THE CITY OF
CARLSBAD FOR THE DESIGN AND CONSTRUCTION OF FLOW EQUALIZATION
PROJECT JOINT USE FACILITIES
Ref Admin.02.6882
This Agreement (the “Facilities Agreement“) is entered into and effective as of
March 27. 2002 (the “Effective Date”) by and between the Encina Wastewater Authority, a
public agency, hereinafter referred to as “EWA”, and the City of Carlsbad, a general law city,
hereinafter referred to as “CARLSBAD, with respect to the following facts:
1.
2.
3.
4.
5.
6.
RECITALS
CARLSBAD, the CITY OF VISTA, the LEUCADIA COUNTY WATER DISTRICT, the
VALLECITOS WATER DISTRICT, the CITY OF ENCINITAS, and the BUENA
SANITATION DISTRICT, hereinafter referred to collectively as the “Member Agencies”,
are signatories to the joint exercise of powers agreement known as the Revised Basic
Agreement (“RBA) for Ownership, Operation and Maintenance of the EWA Joint
Sewerage System (“Joint System”).
The Member Agencies entered into an Agreement, dated June 28, 1995, Authorizing the
EWA to Acquire Land on Behalf of the Member Agencies (the “1995 Agreement“) under
which EWA purchased approximately thirty-seven (37) acfes of land adjacent to the
Encina Water Pollution Control Facility’s (“EWPCF”) southerly boundary (the “South
Parcel“).
In 2001, the Member Agencies entered into an agreement (the “Transfer Agreement”)
whereby each Member Agency quitclaimed its equitable interest and legal title in the
South Parcel to EWA, and Carlsbad purchased from EWA a portion of the South Parcel
project as depicted on a map attached hereto as Exhibit A.
(the “Recycled Water Project Site”) to construct and operate a recycled water treatment
CARLSBAD intends to utilize flow equalization facilities to be constructed by EWA on
EWA’s portion of the South Parcel (“Flow Equalization Facilities”) in connection with its
recycled water treatment project, as previously consented to by the Member Agencies in
the Transfer Agreement.
Committee recommendation satisfies RBA requirements for modifications to the Joint
Member Agency Approval of the Transfer Agreement by way of Joint Advisory
System.
CARLSBAD and EWA desire to cooperate in the design and construction of the
Recycled Water Project and the Flow Equalization Facilities and provide for the
equitable sharing of costs and allocation of responsibilities.
NOW, THEREFORE, in consideration of the mutual promises, obligations and
covenants set forth herein, CARLSBAD and EWA agree as follows:
Page 2 Ref: Admin.02-6882
Article 1 : PROJECT TEAM AND REVIEW
1.1 The General Manager of EWA and the City Manager of CARLSBAD shall
each designate a Project Manager to coordinate the activities set forth in this Facilities
Agreement. The General Manager of EWA and the City Manager of CARLSBAD may replace
or remove the Project Manager representing their respective agencies at their discretion. The
initial Project Manager for EWA shall be Mr. Paul Bushee. The initial Project Manager for
Carlsbad shall be Mr. William Plummer. In addition, the General Manager of EWA shall request
the location and design of the Flow Equalization Project and Recycled Water Project. The other and seek input from the other Member Agencies’ managers or their representatives regarding
Member Agencies’ managers shall be asked by the EWA General Manager to make
recommendations to the General Manager and to the City of Carlsbad regarding, construction
sequencing, operational responsibilities and other issues that may arise during the
implementation of these projects which are not addressed by this contract
Article 2: EWES RESPONSIBILITIES
the Flow Equalization Facilities, other than any costs related to the design and construction of
2.1 . EWA shall be responsible for all costs for the design and construction of
“add-on facilities”, the purposes of which are solely to meet the needs of the Recycled Water
Project (the “Add-on Facilities”). For the purposes of this Agreement, Carlsbad’s Add-on
facilities shall include the equipment and appurtenances associated with its influent pump
station, influent piping to its water recycling facility, recycled water pump station and tank air gap
compartments as outlined in Exhibit A.
(the “Design Contract”) for the completion of the design of the Flow Equalization Facilities.
(a) EWA shall approve the final design of the Flow Equalization
2.2 EWA shall oversee the implementation of the Consultant Design Contract
Facilities, subject to section 2.1 of this agreement.
(b) EWA shall require Consultant to itemize EWA and CARLSBAD
design costs as part of the Design Contract and in monthly invoices. EWA shall provide
to CARLSBAD, through CARLSBAD’s Project Manager copies of the monthly
statements from Consultant within five (5) business days of receipt by EWA.
CARLSBAD shall notify MA of any errors concerning statements of amounts due within
ten (1 0) working days of receipt by CARLSBAD’s Project Manager.
2.3 EWA shall conduct the bidding process and shall contract for the
construction of the Flow Equalization Facilities (the “Construction Contracf‘) in accordance with
EWA’s policies and applicable law. EWA’s purchasing policies shall apply to implementation
and performance of the Construction Contract, and any other activity under this agreement.
MA shall oversee the performance of the Construction Contract and be responsible for
accepting the Flow Equalization Facilities upon completion.
2.4 EWA shall bill CARLSBAD for actual costs related to the design and
construction of Add-on Facilities. EWA shall itemize and bill the actual costs to CARLSBAD
quarterly in accordance with Section 13.1.3 of the RBA or, if necessary, on a supplemental
basis in accordance with Section 17.2.3 of the RBA.
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Page 3 Ref: Admin.02-6882
Article 3: CARLSBAD’S RESPONSIBILITIES
3.1 As required by Section 4 of the RBA, Carlsbad and Vista shall approve
the plans and specifications for the Flow Equalization Facilities, as provided in Section 2.1 of
this agreement.
3.2 CARLSBAD shall pay for all costs for the design, engineering and
construction of the Add-on Facilities. CARLSBAD shall deposit with EWA ten percent (loo/,) of
the projected costs for Add-on Facilities, based upon the Montgomery Watson Harza
Preliminary Design Construction Cost Breakout, attached as Exhibit 6. This shall be used by
EWA as part of the construction contract retention amount. This amount shall be deposited
within fifteen (1 5) business days of acceptance by RNA of a bid for the Construction Contract.
Following deposit of such funds, CARLSBAD shall be credited with any interest earned on the
deposit of such funds in the Local Agency Investment Fund by EWA, subject to any rights the
contractor may have to escrowed funds. Other costs billed by EWA shall be paid by
CARLSBAD in accordance with Section 13.1.3 of the RBA.
3.3 CARLSBAD waives all claims and releases EWA from all liability for
damages that occur due to Construction Contract work stoppages or delays beyond the control
of EWA, including but not limited to Acts of God, acts of a public enemy, acts of a government .
agency other than EWA, acts of CARLSBAD, acts of a contractor in the performance of a
contract with CARLSBAD, fires, floods, epidemics, quarantine restrictions, strikes, freight
failure of the CARLSBAD or the owner of a utility to provide for removal or relocation of existing
embargoes, and weather, or delays of subcontractors due to such causes, or delays caused by
utility facilities.
Article 4: COST ALLOCATION
4.1 The initial cost allocation between EWA and CARLSBAD for the design
and construction of the Flow Equalization Facilities shall be as set forth by the Montgomery
Watson Harza Preliminary Design Construction Cost Breakout, attached as Exhibit 6. All costs
related to facilities to meet the electrical requirements of the Flow Equalization Facilities shall be
apportioned based upon estimated future electrical demands of the flow equalization facility and
the “add-on” facilities as set forth in Montgomery Watson Harza’s Preliminary Design
Construction Cost Breakout, attached as Exhibit B.
4.2 EWAs share of costs for the design and construction of the Flow
Equalization Facilities (other than the Add-on Facilities) shall be allocated among the Member
Agencies in accordance with each agency’s percentage of ownership of Unit J, as set forth in
the RBA
Article 5: OWNERSHIP
5.1 EWA shall be the owner of the Flow Equalization Facilities, as described
and depicted in Exhibit A on behalf of the Member Agencies, excluding the Add-on Facilities.
The Member Agencies shall share beneficial ownership of the Flow Equalization Facilities
according to each Member Agency’s percentage ownership in Unit J, as set forth in the RBA.
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Page 4 Ref: Admin.02-6882
5.2 CARLSBAD shall be the owner of its Water Recycling Project, and of the
Add-on Facilities upon their completion and acceptance by EWA, as described in Exhibit A.
Article 6: ACCOUNTING AND AUDITS
6.1 EWA shall maintain financial records showing all expenses associated
with or related to the Flow Equalization Facilities Project. These records shall conform to
generally accepted accounting principles, and shall be examined by a certified public
accountant as a part of EWAs annual audit.
Article 7: LIABILITY
7.1 CARLSBAD shall defend, indemnify, and hold EWA and the other
Member Agencies, their officers, agents and employees, harmless from any and all claims,
demands, liens, actions, liabilities, costs, and expenses, including attorneys’ fees, based upon
or arising out of or claimed to have arisen out of any act or omission by CARLSBAD, its officers,
agents or employees arising out of this Facilities Agreement, except for the negligent or willful
misconduct of EWA and the other Member Agencies, their officers, agents, or employees.
7.2. EWA and the other Member Agencies shall defend, indemnify, and hold
harmless CARLSBAD and its officers, agents and employees, harmless from any and all claims,
demands, liens, actions, liabilities, costs, and expenses, including attorneys’ fees, based upon
or arising out of or claimed to have arisen out of any act or omission by EWA, the other Member
Agencies, their officers, agents or employees related to this Facilities Agreement, except for the
those claims and costs determined to be due to the negligent or willful misconduct of
CARLSBAD, its officers, agents, or employees.~
Article 8: INSURANCE
8.1 CARLSBAD agrees to maintain general liability coverage for the Add-on
Facilities upon ownership.. In addition, CARLSBAD shall obtain such property insurance as
CARLSBAD may deem necessary to safeguard the Add-on Facilities. EWA and the other
obtained by CARLSBAD. The aforesaid coverage shall in no manner limit the indemnity
Member Agencies shall be named as additional insureds on the general liability coverage
provisions of this Facilities Agreement.
8.2 EWA shall maintain general liability coverage in connection with, or
related to, the work to be performed by MA under this Facilities Agreement. The aforesaid
coverage shall in no manner limit the indemnity provisions of the Agreement. EWA shall take
reasonable steps to require that the contractors for the Design Contract and the Construction
Contract procure and maintain such insurance as EWA may deem prudent and reasonably
available during the life of the contracts, including coverage for worker’s compensation, builder’s
all-risk, fire, professional liability and/or errors and omissions, and property damage, in
accordance with EWA’s policies and procedures. CARLSBAD and the other Member Agencies
shall be named as additional insureds on the general liability coverage obtained by RNA.
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Page 5 Ref: Admin.02-6882
Article 9: NOTICES
9.1 For CARLSBAD, all notices, statements, demands, requests, consents,
approvals, authorizations, agreements, appointments or designations hereunder shall be given
in writing and addressed to: City Manager, City of Carlsbad. 1200 Carlsbad Village Drive,
Carlsbad, CA.
9.2 For EWA, all notices, statements, demands, requests, consents,
approvals, authorizations, agreements, appointments or designations hereunder shall be given
in writing and addressed to: General Manager, EWA, 6200 Avenida Encinas, Carlsbad, CA.
Article 10: DISPUTE RESOLUTION
10.1 RNA, the Member Agencies and Carlsbad agree that the maintenance of
a cooperative and mutually beneficial relationship between them is an important aspect of this
Agreement and therefore the means of resolution for any disputes, claims, or controversies that
may arise during the course of this Agreement may be the same as those procedures so
described in Section 18 of the RBA.
10.2 Nothing in this procedure shall prohibit the parties seeking remedies
available to them at law.
Article 11 : SEVERABILITY
11 .I If any one or more of the terms, provisions, promises, covenants or
conditions hereof shall be adjudged invalid, unenforceable, void or voidable for any reason
whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions hereof shall not be affected thereby and shall be valid and
enforceable to the fullest extent permitted by law.
Article 12: MODIFICATIONS
12.1 This Facilities Agreement shall not be altered except by written
amendment executed by both Parties.
Article 13: GOVERNING LAW
13.1 This Agreement is to be governed by and construed in accordance with
the laws of the State of California. The Parties agree and stipulate that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this Agreement is
San Diego County, California.
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Page 6 Ref: Admin.02-6882
IN WITNESS WHEREOF; the parties h
executed as of the day and year first above written.
CITY OF CARLSBAD
Its: MAY OR
ENCINA WASTEWATER AUTHORITY By:
Its:
APPROVED AS TO FORM
APPROVED AS TO FORM By:
Counsel for Encina Wastewater
Authority
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EXHIBIT A - SITE MAP
Ref: Admin.02-6882
-t- "
" i: n J,
Page 0 Ref: Admin.02-6882
EXHIBIT B
PRELIMINARY CONSTRUCTION COST BREAKOUT
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Section No. 5
Cost and Cost Allocation
Table 5-1 Opinion of Probable Construction Cost and Cost Allocation
Carlsbad
Item
Project Wide
cost EWA Cost
Yard Piping
720,000 Subtotal
54,000 Repair of Existing Landscaping
666,000
Combined Pump Station
Civil Work
440,000 1,370,000 Subtotal
109,000 537,000 Mechanical 140,000 599,000 Equipment
4,000 9,000 Metals
1 16,000 176,000 Concrete 71,000 49,000
Equalization Basin
Site Work
78,000 3,968,000 Subtotal 22,000 141,000 Mechanical 6,000 35,000 Metals 50,000 3,000,000 Concrete 792,000
Finished Water Pump Station
Concrete
191,000 Equipment
2 17,000 Architectural Work 238,000
Mechanical 105,000 Electrical 380,000 Subtotal 1,131,000
Electrical Work (Combined PS Only) 760,000 620,000
PROJECT SUBTOTAL
340,000 1,020,000 Project Contingency @ 15%
2,269,000 6,818,000
PROJECT TOTAL 2,609,000 7,838,000
Total CON
666,00(
54,00(
720,00(
120,00(
291 ,OO(
' 13,OOt
740,OOC
646,OOC
1,810,000
792,000
41,000
163,000
4,036,000
3,040,ooa
238,000
2 17,000
19 1.000
105,000
380,000
1,131,000
1,380,000
9,077,000
1,360,000
10,437,000
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MONTGOMERY WATSON Page 5-2