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HomeMy WebLinkAbout2016-04-12; Municipal Water District; Resolution 15481 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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). II II II II II II II II II II II II II II II II II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 1 P:\K0307-Carlsbad 5 SC\000-General Finance\002-Agreements\Carlsbad 5 FCF\First Amendment-Carlsbad 5 FCF-Final.docx 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) 2 P:\K0307-Carlsbad 5 SC\000-General Finance\002-Agreements\Carlsbad 5 FCF\First Amendment-Carlsbad 5 FCF-Final.docx 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 3 P:\K0307-Carlsbad 5 SC\000-General Finance\002-Agreements\Carlsbad 5 FCF\First Amendment-Carlsbad 5 FCF-Final.docx 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. 4 P:\K0307-Carlsbad 5 SC\000-General Finance\002-Agreements\Carlsbad 5 FCF\First Amendment-Carlsbad 5 FCF-Final.docx 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 P:\K0307-Carlsbad 5 SC\000-General Finance\002-Agreements\Carlsbad 5 FCF\First Amendment-Carlsbad 5 FCF-Final.docx "0 ~ w 0 -...J ~ cr" 15.. V> "' ~ g 0 (1> "' (1> ~ J1 "' "' "' ("") 6 0 '" ~ ~ @ ~ cr" 15..0\ V> ?1 ~ fa ~ (1> "' c.. 3 (1> ~ n ~ cr" "' c.. V> ?1 71 J1 "' 1:0. 0.. 0 ("") >< ? ~ Sill :f ·~ Oceanside V15LIWoy !.\~10tllld -,. ~ ~ d' §) ' .fi'" ~~ .. ..~> \ c.Mstn<l1 ;;;b. 9 _.., '2 '!! " " % .~ 0 ~ ~ .. , 4 ~ G .. ,. ~ ca.#' ..,,, ~ ';. 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GENERAL AREA MAP SCALE (feet) FLOW CONTROL FACILITY [' 0 2,000 4,000 8.000 EXHIBIT A ~ 'JJ.~ ~= ~~ ~e= a:::3 >> '"C, ,.... -o ~ 0 w 0 _, ~ a" ~ V> (/) ~ ~ ::s " ~ ::!1 ::s "' ::s n 6 0 t-> )> ~ ~ ::s ~ ~ g-._) Q. V> ?5 ~ ~ )> 3 " ::s Q. ~ ~ n ~ a" ~ V> ?5 71 ::!1 ::s eo. Q. 0 n >< SCALE (feet) 0 ~ ~ 100 @ Son Di•go Coonty Wo"' Authority CAPITAL IMPROVEMENT PROGRAM CARLSBAD 5 GENERAL LOCATION MAP FLOW CONTROL FACILITY EXHIBIT B ~ 0~ n~ >= ~~ ~~ o~ z~ ~~ >"""'" ~ Planning Design Environmental Land Acquisition EXIllBIT C-1 ESTIMATED PROJECT COSTS Estimated Total for Planning and Design: 8 P:\K0307-Carlsbad 5 SC\000-General Finance\002-Agreements\Carlsbad 5 FCF\First Amendment-Carlsbad 5 FCF-Final.docx Cost $161,300 $450,000 $205,000 $198,000 $1,014,300