HomeMy WebLinkAbout2016-03-22; Municipal Water District; 830; Authorizing execution of the agreement with the SDCWA for Carlsbad 6 Flow Control Facility16
CARLSBAD MUNICIPAL WATER DISTRICT-AGENDA BILL
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AB# 830 AUTHORIZE EXECUTION OF AGREEMENT WITH THE DEPT. DIRECTOR (~17
DATE 03-22-16 SAN DIEGO COUNTY WATER AUTHORITY FOR DESIGN,
CONSTRUCTION, OWNERSHIP, OPERATION,
• 1/r GEN. COUNSEL , S
AND MAINTENANCE OF THE
EXEC. DIRECTOR \fV DEPT. PW-UTIL CARLSBAD 6 FLOW CONTROL FACILITY
RECOMMENDED ACTION:
Adopt a Resolution authorizing the execution of the Agreement with San Diego County Water
Authority (SDCWA} for design, construction, ownership1 operation, and maintenance of the
Carlsbad 6 Flow Control Facility.
ITEM EXPLANATION:
The purpose of the Agreement with SDCWA is to set forth the terms and conditions under which
SDCWA will replace a flow control facility that delivers water to the Carlsbad Municipal Water
District (CMWD}. CMWD receives water from SDCWA through a series of flow control facilities
which are owned, operated, and maintained by SDCWA. SDCWA has determined that the Carlsbad
1 Flow Control Facility (FCF} has reached the end of its useful life and is in need of replacement. In
order to keep the existing Carlsbad 1 FCF in service during construction, the new Carlsbad 6 FCF will
be designed and constructed to the west of Carlsbad 1 FCF. SDCWA will need to acquire additional
private property to accommodate the Carlsbad 6 FCF footprint prior to the start of construction.
The pipeline connecting the flow control facility to CMWD's infrastructure will also be replaced by
SDCWA.
SCDWA currently meters and controls the delivery of up to 26 million gallons per day (mgd} of
treated water to the existing Carlsbad 1 FCF. As part of this replacement, CMWD has requested a
reduction of 6.5 mgd delivery capacity due to lower demands that have resulted from water
conservation and water portfolio diversification (e.g. increased recycled water distribution}. As a
result, the Carlsbad 6 FCF will be designed and constructed to deliver 19.5 mgd of treated water to
CMWD. SDCWA will perform the services required to design and construct the new flow control
facility. Upon completion, SDCWA will own, operate and maintain the flow control facility.
DEPARTMENT CONTACT: Shadi Sami 760-603-7350 or Shadi.Sami@carlsbadca.gov
FOR SECRETARY USE.
BOARD ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER-SEE MINUTES
REPORT RECEIVED
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Carlsbad 6 FCF
March 22, 2016
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FISCAL IMPACT:
SDCWA will be responsible for the financial aspects of design, construction, operation, and
maintenance of the new Carlsbad 6 FCF. SDCWA will also be responsible for the purchase in fee of
privately owned property necessary to accommodate the new Carlsbad 6 FCF footprint.
ENVIRONMENTAL IMPACT:
The San Diego County Water Authority (SDCWA) has determined that the project is exempt from
the California Environmental Quality Act (CEQA) per State CEQA Statute 21080.21 and Guidelines
Section 15282(k) -Public right-of-way pipeline projects less than a mile in length and CEQA
Guidelines Section 15330-minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or
eliminate the release or threat of release of hazardous waste or substance which are small or
medium removal actions costing $1 million or less. The SDCWA filed a Notice of Exemption with the
San Diego County Clerk on Dec. 22, 2015.
PUBLIC NOTIFICATION:
None required.
EXHIBITS:
1. Resolution authorizing execution of the Agreement with SDCWA for design, construction,
ownership, operation, and maintenance of the Carlsbad 6 Flow Control Facility.
2. Location Map.
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RESOLUTION NO. 1545
A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD
MUNICIPAL WATER DISTRICT AUTHORIZING EXECUTION OF THE
AGREEMENT WITH THE SAN DIEGO COUNTY WATER AUTHORITY
FOR DESIGN, CONSTRUCTION, OWNERSHIP, OPERATION, AND
MAINTENANCE OF THE CARLSBAD 6 FLOW CONTROL FACILITY
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District (CMWD) has
determined it necessary, desirable, and in the public interest for the San Diego County Water
Authority (SDCWA) to design, construct, own, operate and maintain the Carlsbad 6 Flow
Control Facility, which is a replacement for the Carlsbad 1 Flow Control Facility that has reached
the end of its useful life and;
WHEREAS, CMWD is requesting a reduction of 6.5 mgd delivery capacity due to lower
demands that have resulted from water conservation and water portfolio diversification and;
WHEREAS, the SDCWA is the lead agency under CEQA and has determined that the
project is exempt from CEQA per State CEQA Statute 21080.21 and Guidelines Sections
15282(k) and 15330.
NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of
the City of Carlsbad, California, as follows that:
1. The above recitations are true and correct.
2. That the President is authorized to execute the Agreement between SDCWA and
CMWD for design, construction, ownership, operation, and maintenance of the Carlsbad 6 Flow
Control Facility, attached hereto as Attachment A.
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PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal
Water District of the City of Carlsbad on the 22nd day of March 2016, by the following vote, to
wit:
AYES: Board Members Hall, Wood, Schumacher, Blackburn, Packard.
NOES: None.
ABSENT: None.
M~
ATTEST:
ATTACHMENT A
Agreement between San Diego County Water Authority and Carlsbad Municipal Water District for Design,
Construction, Ownership, Operation, and Maintenance ofthe Carlsbad 6 Flow Control Facility
This Agreement is entered into as of , 2016, between the San Diego County
Water Authority, a county water authority (Water Authority) and Carlsbad Municipal Water District, a
municipal water district (CMWD). The Water Authority and CMWD (collectively Parties) in
consideration oftheir mutual covenants, and for other valuable consideration, agree as follows:
Recitals:
A. CMWD is a member agency of the Water Authority and currently distributes and sells retail water
supplied by the Water Authority.
B. The purpose of this Agreement is for the Water Authority to replace the Carlsbad 1 Flow Control
Facility with a new Carlsbad 6 Flow Control Facility and to reduce water delivery capacity through
the new facility.
C. The Water Authority established an Asset Management Program (Program) in 2009 to prioritize the
rehabilitation, repair, or replacement of assets based on consequence and probability of failure.
Carlsbad 1 FCF was constructed in 1959. The Program has determined the existing Carlsbad 1 Flow
Control Facility (Carlsbad I FCF) will be replaced by a new flow control facility, Carlsbad 6 Flow
Control Facility (Carlsbad 6 FCF).
D. The Water Authority currently meters and controls the delivery of up to 26 million gallons per day
(mgd), or 40 cubic feet per second (cfs), of treated water from Pipeline 3 or Pipeline 4 to the existing
Carlsbad 1 FCF. CMWD has requested a reduction of 6.5 mgd (1 0 cfs) delivery capacity for
Carlsbad 6 FCF. As a result, Carlsbad 6 FCF will be designed and constructed to deliver 19.5 mgd
(30 cfs) of treated water from Pipeline 3 or Pipeline 4.
E. With the exception of the construction plans, there is no existing written agreement between the
Parties for Carlsbad 1 FCF. Therefore, this Agreement establishes the terms and conditions pursuant
to which the existing Carlsbad 1 FCF will be replaced by Carlsbad 6 FCF at the same location with a
new permanent metered 19.5 mgd (30 cfs) treated water flow control facility, which will be
designed, constructed, owned, operated, and maintained by the Water Authority.
The Recitals are incorporated herein and the Parties agree as follows:
1. Delivery of Water to Carlsbad 6 FCF
1.1 Availability, delivery, rate of flow, and cost of treated water to be sold by the Water Authority to
CMWD shall be as established by the Board of Directors of the Water Authority in accordance with
the Water Authority's Administrative Code, on the same basis as generally applicable to the Water
Authority's member agencies.
1.2 CMWD's point of delivery during construction will be through Carlsbad 1 FCF and the existing
Pipeline 3 turnout only. The Pipeline 4 turnout will be isolated and terminated during the
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construction of Carlsbad 6 FCF. After the construction of Carlsbad 6 FCF is complete, the existing
Pipelines 3 and 4 turnout piping will be modified and connected to the new Carlsbad 6 FCF piping.
To make the above temporary connections and permanent tie-ins, the existing pressure control
facility owned and operated by CMWD will need to be shut down coinciding with the Water
Authority's aqueduct shutdowns.
1.3 Two planned 1 0-day shutdowns will be scheduled for Pipeline 3 and Pipeline 4.
1.3.1 First Shutdown: The first shutdown will begin at the start of Carlsbad 6 FCF construction to
isolate Carlsbad 1 FCF from Pipeline 4. During this shutdown, the following work will be
performed: remove the isolation valve in the Pipeline 4 turnout structure and install a
temporary blind flange on the existing outlet pipe; remove a portion of the existing 24-inch
pipeline just west of the interconnection tee; and install a temporary bulkhead to allow water
delivery from Pipeline 3 to CMWD during construction.
1.3.2 Second Shutdown: The second shutdown will be scheduled near the completion of
construction to connect Carlsbad 6 FCF to Pipeline 3, Pipeline 4, and CMWD's pressure
control facility. During this shutdown, the following work will performed: replace the
turnout isolation valves and piping; remove mechanical and electrical equipment at Carlsbad
1 FCF and demolish the structure, and connect the turnout piping to Carlsbad 6 FCF and to
CMWD's pressure control facility. Once the connections are complete, the point of delivery
for CMWD will be via Carlsbad 6 FCF.
2. Facility Design and Construction
2.1 Carlsbad 6 FCF will be designed and constructed to Water Authority standards and to deliver up to
19.5 mgd (30 cfs) oftreated water capacity to CMWD.
2.2 Water Authority will design and construct, to Water Authority standards, a replacement pipe and
butt strap to the existing pipe flange inside CMWD's pressure sustaining structure, as shown in
Exhibit A.
3. Facility and Access Right-of-Way
3.1 Carlsbad 6 FCF will be located on property immediately adjacent to the existing Carlsbad 1 FCF as
shown in Exhibit A, attached and made a part of this Agreement. This property is currently privately
owned, but will be purchased in fee by the Water Authority. Facility access will be from La Bonita
Drive, a public street, via a Water Authority easement.
3.2 The Water Authority will acquire additional temporary construction easements and all other fee
property for Carlsbad 6 FCF prior to the start of construction.
3.3 The Water Authority will grant an encroachment permit, as shown in Exhibit B, attached and made a
part of this Agreement, for CMWD's pressure control facility.
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4. CMWD Will Perform the Following:
4.1 Assign a project manager for the Carlsbad 6 FCF, who will be the Water Authority's single point of
contact.
4.2 Review and comment on design and construction documents related to the 24-inch connection to the
existing CMWD pressure control facility. During the design phase, CMWD will submit review
comments and concurrence within 15 working days of receiving draft documents. During the
construction phase, CMWD will submit review comments and concurrence within five calendar
days of receipt of a construction submittal. If CMWD does not respond within the allotted time, it
will be understood by the Parties that no CMWD comment is required. CMWD shall not
unreasonably delay or withhold concurrence.
4.3 Provide assistance to the Water Authority during a public bid of the project by providing access to
the pressure control facility during a site walk with the Water Authority staff and bidders.
4.4 During the first shutdown, isolate and drain-down the existing pressure control facility immediately
downstream of Carlsbad 1 FCF to allow the Water Authority to isolate Pipeline 4 from Carlsbad 1
FCF.
4.5 During the second shutdown, perform the same isolation and drain-down of CMWD's facilities to
allow removal of temporary upstream isolation measures and for constructing final connections to
Carlsbad 6 FCF and CMWD's pressure control facility.
4.6 Coordinate and perform design and relocation of CMWD's existing utilities within Carlsbad 1 FCF,
including but not limited to, electronic conduit and instrumentation controls.
4.7 All work performed and all materials used, including water drained, by CMWD will be done so at its
own expense.
5. The Water Authority Will Perform the Following:
5.1 Assign a project manager for the Carlsbad 6 FCF, who will be CMWD's single point of contact.
5.2 Procure or provide services for preliminary design, final design, a public bid, preparation of
addendum and change orders, inspection and testing services, and construct Carlsbad 6 FCF. Each
contract shall require the contractors to obtain and maintain insurance policies. All such insurance
policies shall name CMWD, including its directors, officers, employees and agents as additional
insureds.
5.3 The Water Authority is the lead agency for environmental documents and will ensure the work
performed under this Agreement complies with the requirements of the California Environmental
Quality Act (CEQA) and that all necessary CEQA documentation will be filed.
5.4 The Water Authority will coordinate the two 1 0-day shutdown schedules with CMWD and the
replacement of the pipe and butt strap to the existing pipe flange inside CMWD's pressure sustaining
structure.
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5.5 Upon request, the Water Authority will provide to CMWD electronic record drawings in pdf format
showing the connection between Carlsbad 6 FCF and CMWD's pressure control facility.
6. Ownership and Operational Control ofFacilities:
6.1 The Water Authority will own, maintain, and operate all components of Carlsbad 6 FCF, including
inlet piping and outlet piping to the new cathodic protection isolation joint. On the outlet piping, a
buried isolation joint, including a test station, will be installed at the north fence line just upstream of
CMWD's pressure control facility. The cathodic protection isolation joint will delineate change in
ownership of facilities, as shown on Exhibit A. The Water Authority will own and maintain the piping
and equipment up to and including the cathodic protection isolation joint and test station. CMWD
will own and maintain the piping and equipment downstream (north) of the cathodic protection
isolation joint. The Water Authority will provide CMWD with an encroachment permit for accessing
the south portion of its pressure control facility which currently resides within the Water Authority's
fee property.
6.2 In accordance with current Water Authority Board policy, all operation and maintenance costs of the
Carlsbad 6 FCF shall be borne by the Water Authority. CMWD acknowledges the right of the Water
Authority's Board to revise the policy to recover future operation and maintenance costs.
7. Cost Responsibility
7.1 The Water Authority will pay all costs related to the design, construction, ownership, operation, and
maintenance of Carlsbad 6 FCF, except as stated in Paragraph 4.
8. Indemnification.
8.1 CMWD will defend, indemnify, and hold harmless the Water Authority, its officers, agents, and
employees from and against any and all claims, demands, liability for any injury, damages, costs
(including reasonable attorneys' fees), and expenses arising out of CMWD's performance under this
Agreement. CMWD's duty to defend, indemnify, and hold harmless shall not include any claims or
liabilities arising out of the active negligence, sole negligence, or willful misconduct of the Water
Authority, its officers, agents, or employees.
9. Laws and Venue. This Agreement will be interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or enforce any term of this Agreement, the action
shall be brought in a state or federal court in San Diego County.
10. Amendment. This Agreement may be modified only by a subsequent written amendment executed
by both Parties.
11. Successors or Assigns. This Agreement and any portion thereof shall not be assigned or transferred,
nor shall any of the duties be delegated, without the express written consent of both Parties, which
shall not be unreasonably withheld or delayed. Any attempt to assign or delegate this Agreement
without the express written consent of both Parties shall be void and of no force or effect.
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12. Notices. Any notice or instrument required or permitted to be given hereunder will be deemed
received upon personal delivery or 24 hours after deposit in any United States mail depository, first
class postage prepaid, and addressed to the party for whom intended as follows:
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
13. Severability. The partial or total invalidity of one or more parts of this Agreement will not affect the
intent or validity of this entire Agreement.
14. Dispute Res.olution. The Parties agree to try to resolve any dispute arising under this Agreement
amicably and by negotiation. However, if the Parties are unable to reach agreement within a
reasonable time from the commencement of negotiations, either party may seek any legal remedy
available to it. For purposes of this Agreement, a reasonable time consists of not less than ninety
(90) days.
15. Signatures. The individuals executing this Agreement represent and warrant that they have the legal
capacity and authority to do so on behalf of their respective legal entities.
IN WITNESS WHEREOF, the parties have executed as of the date written above.
San Diego County Water Authority
By: ------------------------Frank Belock, Jr.
Deputy General Manager
Approved as to form:
Rosann Gallien
Deputy General Counsel
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Carlsbad Municipal Water District
Approved as to form:
Heather L. Stroud
Deputy General Counsel
EXISTING AUTO
REPAIR FACILITY
PROTECT EXISTING TURNOUT PIPELINE
~San Diego County Water Authority
CARLSBAD 6 FLOW
CONTROL FACILITY
CARLSBAD 6
FLOW CONTROL
FACILITY
EXHIBIT A
Exhibit B
ENCROACHMENT PERMIT
This Encroachment Permit (Permit) is issued to Carlsbad Municipal Water District (CMWD), 5950 El
Camino Real, Carlsbad, CA 92008 (Permittee) this __ day of , 2016, in order to operate, repair,
and maintain a pressure control structure within the San Diego County Water Authority (Water Authority) fee
owned right of way.
WHEREAS, the Water Authority owns the Flow Control Facility (FCF) known as Carlsbad I located on
Water Authority fee owned Parcel No. P03-077. The FCF is immediately adjacent to a Pressure Control Structure
owned, operated, and maintained by CMWD. A portion of the Pressure Control Structure was constructed within
the Water Authority's fee owned property. The area of encroachment is highlighted on the attached Exhibit A
(Property); and
WHEREAS, the Water Authority intends to replace the Carlsbad 1 FCF with a newly built FCF which
will be known as Carlsbad 6. The new FCF will supply water directly into the Pressure Control Structure just as
the existing FCF does. The Pressure Control Structure will not be rebuilt at this time; and
WHEREAS, the parties wish to document the encroachment of the Pressure Control Structure on the
Property with this Encroachment Permit.
NOW, THEREFORE, the parties mutually hereby agree as follows:
1. Permittee shall be allowed to continue to operate, maintain or repair the Pressure Control Structure
on the Property under the terms and conditions stated herein but shall not place any additional
improvements, trees, shrubs, or any other vegetation in the area.
2. Permittee agrees not to interrupt the use or operation of Water Authority facilities.
3. Each party shall save, indemnify, and hold harmless the other party against any liability, Joss,
cost, damage, and expense caused by or arising from an act(s) or omission(s) of such party, its
officers, employees, agents, contractors, successors, and assigns, including, but not limited to, any
such loss, cost, damage, liability, and expense arising from damage to or destruction of real and
personal property or injury to or death of any person.
4. Nothing herein contained shall constitute a grant of easement by the Water Authority to Permittee.
5. In the event either party commences legal action against the other by reason of an alleged breach
ofthis Permit, or in connection with the use ofthe Property and right of way, the prevailing party
shall be entitled to recover court costs and attorney's fees as set by the court. "Prevailing Party"
means the party in whose favor final judgment is rendered.
6. Any notice required, permitted, or contemplated under this Pennit shall be deemed given when
actually delivered or when deposited in the mail, certified or registered, postage prepaid,
addressed as follows:
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TO AUTHORITY: San Diego County Water Authority
Attn: Director of Engineering
4677 Overland A venue
San Diego, CA 92123
TO LICENSEE: Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, Ca 92008
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by a duly
authorized officer on the day and year first above written.
SAN DIEGO COUNTY WATER AUTHORITY:
By: ____________________ __ Dated: -----------Gerard E. Reed, III
Director of Engineering
PERMITTEE: CARLSBAD MUNICIPAL WATER DISTRICT
By: :Jt;J/)J
Matt Hall, President
Approved as to Form
By: ____________________ __
Rosann Gallien
San Diego County Water Authority
Approved as to Form
(/ / .r----,
By: r-Kfk':ti(L>t./t-z/t:d
Heather L. Stroud
Dated: 3 }23} i (p
Deputy General Counsel, Carlsbad Municipal Water District
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LOCATION MAP
NOT TO SCALE
PROJECT NAME EXHIBIT
CARLSBAD 6 FLOW CONTROL FACILITY 2
PLOTTED BY: SCOTT EVANS PLOT DATE:J/1/16 PATH:D: \UnUnES DEPARTMENT\DE$/GN DIVI$/ON\SAMI\FCF6 LOCAnON MAP.DWG