SAN DIEGUITO WATER DISTRICT AGENDA REPORT Meeting Date: December 14, 2011

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1 12/14/11 ITEM #S4 1 SAN DIEGUITO WATER DISTRICT AGENDA REPORT Meeting Date: December 14, 2011 TO: VIA: FROM: SUBJECT: Board Members Gus Vina, District Secretary Lawrence A. Watt, General Manager Jennifer Smith, Finance Director Blair A. Knoll, Associate Civil Engineer Authorization to Enter into a Construction and Maintenance Agreement with the Olivenhain Municipal Water District for an Emergency Interconnect. BACKGROUND: The San Dieguito Water District (SDWD) desires to construct a 12 water main extension in Manchester Avenue from Ocean Cove Drive to Via Poco and install an emergency interconnection with Olivenhain Municipal Water District (OMWD). The proposed agreement determines the cost sharing and maintenance responsibilities of each district. This construction project has been identified in the 2010 Water Master Plan as a high priority project. The water main extension will provide fire protection to the area and add a redundancy to receive or deliver potable water between the districts in the event of a water main break or other disruption in service. SDWD s boundary is west of the centerline of Via Poco, while OMWD s boundary is east. Ownership of the proposed new water facilities will correspond with these boundaries. The water main extension is approximately 1800 linear feet and is to be located within City and Caltrans right-of-way, (see Exhibit A : Project Location). The project will also include the installation of a flow meter, pressure relief valve and pressure reducing valves (PRV) located in the Via Poco right-of-way. OMWD s construction improvements consist of 50% of the PRV and interconnect, along with 150 linear feet of 8 PVC water main. Since OMWD s improvements are minimal compared to the overall scope of the project, SDWD will be the lead agency. ANALYSIS: The proposed Agreement Between the SDWD Water District and the Olivenhain Municipal Water District for the Construction of the Manchester Avenue Emergency Interconnect within the City of Encinitas is shown in Attachment B. Last printed December 7, :30:00 AM

2 12/14/11 ITEM #S4 2 The following are key points of the Agreement: 1. SDWD will be the lead agency and will obtain permits, advertise, award the construction contract and perform the project administration. OMWD will reimburse SDWD for project administration costs based on 5% of the construction cost for OMWD s facilities. 2. SDWD will own and maintain those water facilities located west of the Emergency Interconnect and fund the construction of those facilities. 3. OMWD will own and maintain those water facilities located east of the Emergency Interconnect and fund the construction of those facilities. 4. SDWD will own 50% of the Emergency Interconnect and PRV and agree to have OMWD maintain the facility. SDWD to reimburse 50% of the maintenance cost of the Emergency Interconnect and PRV. 5. OMWD will own 50% of the Emergency Interconnect and PRV and agree to maintain the facility. FISCAL AND STAFF IMPACTS: The engineer s construction cost estimate for this project is $687,000. SDWD s portion is $605,000 while OMWD s portion is $82,000. OMWD s obligation is the bid cost of its facilities plus a 10% contingency for construction changes. In addition, OMWD is obligated to reimburse SDWD 5% of the construction cost for OMWD s facilities for project administration. OMWD will fund this amount to SDWD 30 days after the award of the construction contract. SDWD is to reimburse OMWD 50% of the maintenance cost of the Emergency Interconnect and PRV. Maintenance is estimated to cost $1500 per year excluding the cost of water usage. SDWD has sufficient funds in the Capital Improvement Program, Project No. CWW11A, Water Distribution Line Upgrades. The construction award portion of this project is anticipated to be brought before the District Board on January 25, RECOMMENDATION: Authorize the General Manager to enter into the Agreement for Construction and Maintenance of an Emergency Interconnect with the Olivenhain Municipal Water District. ATTACHMENTS: Attachment A : Project Location Attachment B : Agreement Last printed December 7, :30:00 AM

3 o Via Poc OMWD SDWD II -- OMWD Emergency Interconnect M M aa Olivenhain Sewer Pump Station 55 nn cc hh ee ss tt San Elijo Lagoon A A vv II ee rr 30" Transmission Main to be abandoned in future Proposed Project: 1600 LF of 12" Water Main Extension ee 5 r Cove D Ocean Encinitas Map Exhibit "A" : Project Location Manchester Ave. Water Main Extension 12/14/11 This map should not be used for Engineering, Survey, or Site-Specific Analysis. Every reasonable effort has been made to assure the accuracy of the data provided; nevertheless, some information may not be accurate. The City of Encinitas assumes no liability or responsibility arising from the use of or reliance upon this information. ITEM #S4 - Map Coordinates: Stateplane NAD83 Feet, CA Zone 6 DISCLAIMER: - Parcel lines are not survey accurate, and some parcels can be positionally off up to +/- 40 feet - Photo flight dates: April inch pixel resolution. - Orthophoto and Topo positional accuracy meet the precision adequate to support National Map Accuracy Standards for 1" = 100' mapping Feet 1 inch = 300 feet I:/GIS/SharedMXDs/CityGIS/CityGIS.mxd 3

4 12/14/11 ITEM #S4 4 Attachment B AGREEMENT BETWEEN THE SAN DIEGUITO WATER DISTRICT AND THE OLIVENHAIN MUNICIPAL WATER DISTRICT FOR THE CONSTRUCTION OF THE MANCHESTER AVENUE EMERGENCY INTERCONNECT WITHIN THE CITY OF ENCINITAS THIS AGREEMENT, is made and entered into as of the day of, 2011, by and between the SAN DIEGUITO WATER DISTRICT, a irrigation district, hereinafter referred to as "SAN DIEGUITO", and OLIVENHAIN MUNICIPAL WATER DISTRICT, a municipal corporation, hereinafter referred to as "OLIVENHAIN ", (collectively the Parties ). RECITALS WHEREAS, SAN DIEGUITO is constructing a water main extension in Manchester Avenue in the vicinity of the CALTRANS I-5 Manchester Road off ramp and Via Poco, and, WHEREAS, the water main extension is at or near the boundary between the SAN DIEGUITO and the Olivenhain Municipal Water District, and, WHEREAS, the Parties desire to construct an Emergency Interconnect between the SAN DIEGUITO potable water system and the OLIVENHAIN potable water system; and, WHEREAS, SAN DIEGUITO and OLIVENHAIN desire to establish mutually agreed upon responsibilities for the funding, design, and construction for the Emergency Interconnect. NOW THEREFORE, in consideration of the above recitals, SAN DIEGUITO and OLIVENHAIN do hereby mutually agree as follows: I. Manchester Road Water Line: A. PROJECT DESCRIPTION SAN DIEGUITO to construct a 12 water main extension in Manchester Avenue from Ocean Cove Drive to Via Poco and install an emergency interconnection with OLIVENHAIN. This project has been identified in SAN DIEGUITO s 2010 Water Master Plan as a high priority project. SAN DIEGUITO s water main extension is approximately 1700 linear feet and is to be located within City and Caltrans right-of-way. The water main extension will provide fire protection and add redundancy with the interconnect to OLIVENHAIN. OLIVENHAIN s water main extension is approximately 150 linear feet. The project will also include the installation of a

5 12/14/11 ITEM #S4 5 flow meter, pressure relief valve, and pressure reducing station located in the Via Poco right-ofway. The facilities are as follows: 1. Pipeline A, a twelve inch (12 ) water main in Manchester Avenue from Ocean Cove Drive to Via Poco, with a 6 pressure relief valve in Via Poco. 2. Pipeline B, an eight inch (8 ) water main from the new Emergency Interconnect to the existing 8 inch PVC water main in Manchester Road within the OLIVENHAIN service area to the east. 3. Emergency Interconnect, an above ground prefabricated pressure reducing and metering station proposed to be located on the west side of Via Poco. The station will have the ability to meter and record water flow both from OLIVENHAIN to SAN DIEGUITO and from SAN DIEGUITO to OLIVENHAIN. B. SAN DIEGUITO AGREES: 1. To act as lead agency for the purpose of design and environmental review and to provide all labor, materials, tools and equipment for PROJECT, including those portions of PROJECT. As lead agency SAN DIEGUITO will handle permit acquisition, advertising, award, contract administration, Resident Engineer, material source inspection, independent assurance and specialty testing, and such other construction engineering as may be required, for satisfactory completion of PROJECT. 2. To construct PROJECT by contract in accordance with plans and specifications prepared by SAN DIEGUITO with assistance from OLIVENHAIN and approved by OLIVENHAIN, said plans being referred to MANCHESTER AVENUE WATER MAIN EXTENSION AND OMWD EMERGENCY INTERCONNECT as prepared by Kennedy/Jenks Consultants for SAN DIEGUITO. 3. To advertise for construction bids after SAN DIEGUITO has received written approval from OLIVENHAIN of plans, specifications and estimates. 4. If, upon opening of bids for PROJECT, it is found that the lowest responsible bid exceeds the Engineer's Estimate, SAN DIEGUITO and OLIVENHAIN shall consult and agree upon a course of action consistent with local and state law. 5. To establish separate PROJECT accounts to accumulate charges for all costs to be paid for by OLIVENHAIN pursuant to this Agreement. 6. To receive from OLIVENHAIN designated PROJECT representative prior approval of all change orders, affecting OLIVENHAIN facilities, before implementation, except when necessary for the safety of motorists and/or pedestrians or for the protection of property. 7. Upon completion of PROJECT and all work incidental thereto, to furnish OLIVENHAIN with a detailed statement of the total actual costs of construction and services for PROJECT, including the costs of any contract 2

6 12/14/11 ITEM #S4 6 claims which have been allowed to the construction contractor. Services shall include cost of providing personnel resources (direct salaries and benefits). SAN DIEGUITO thereafter shall refund to OLIVENHAIN, within 25 days, any OLIVENHAIN deposits, as required by Section C.6. of this agreement, plus payments SAN DIEGUITO is holding, after actual costs to be borne by SAN DIEGUITO have been deducted, or to bill OLIVENHAIN for any additional amount required to complete OLIVENHAIN financial obligations pursuant to this Agreement. 8. To designate a project Resident Engineer who shall represent SAN DIEGUITO as the single point of contact for PROJECT administration. 9. To consult with OLIVENHAIN in resolution of any contract claims associated with PROJECT work. 10. To fund the cost of those waterline facilities located West of the Emergency Interconnect which will be owned and operated by SAN DIEGUITO. The actual cost of services for PROJECT shall be determined after completion of all work and upon final accounting of costs. 11. To fund fifty (50) percent of the cost of the Emergency Interconnect as agreed to by OLIVENHAIN and SAN DIEGUITO. C. OLIVENHAIN AGREES: 1. To designate a single project representative authorized to act on behalf of OLIVENHAIN in relation to contract change orders and overall PROJECT coordination. All final decisions that pertain to or affect any OLIVENHAIN easements or facilities will be made soley by the OLIVENHAIN except when necessary for the safety of motorists and/or pedestrians or for the protection of property. Where a decision affects both OLIVENHAIN easements or facilities and is necessary for the safety of motorists and/or pedestrians or to protect property, SAN DIEGUITO and the OLIVENHAIN shall agree on the final decision. All final decisions on the PROJECT that do not pertain to or affect any OLIVENHAIN facilities, easements, or contributions will be made soley by SAN DIEGUITO. Decisions that affect OLIVENHAIN contributions will be made jointly by SAN DIEGUITO and OLIVENHAIN. OLIVENHAIN shall respond in a timely manner in all cases requiring a decisions by OLIVENHAIN. Failure by OLIVENHAIN to respond in a timely manner may subject OLIVENHAIN to additional costs due to delay of PROJECT. 2. To relinquish to SAN DIEGUITO, OLIVENHAIN S rights in the maintenance and operation of the construction zone within the boundaries of OLIVENHAIN for the duration of construction and authorizes SAN DIEGUITO to act as OLIVENHAIN S authorized agent to direct contractor for traffic control, signal timing, and other measures deemed necessary for construction and administration of the PROJECT. 3. To bear the actual cost for those portions of the waterline and other facilities that are located East of the Emergency Interconnect. The actual cost of PROJECT shall be determined after completion of all work and upon final accounting of costs. 3

7 12/14/11 ITEM #S To bear a proportional share based on waterline lengths for the project design costs. SAN DIEGUITO s consultants design contract for project plans, specifications, and estimate is $79,900 with Kennedy Jenks Consultants. OLIVENHAIN s proportional share of 8% (150 LF / 1850 LF) is $6, To be responsible for the operation and maintenance of water facilities belonging to OLIVENHAIN during the construction period of the PROJECT. 6. To deposit with SAN DIEGUITO within thirty (30) days of award of the construction contract, a sum equal to the approved bid estimate cost plus 10% contingency and 5% Construction Management for those facilities that are the responsibility of the OLIVENHAIN. 7. To pay SAN DIEGUITO upon completion of all work and within twenty-five working days of receipt of a detailed statement made upon final accounting of costs, any amount over and above the aforementioned deposits and payments required to complete OLIVENHAIN's financial obligation pursuant to this Agreement. 8. To provide comments or approve PROJECT plans and specifications within ten working (10) days of final submittal by SAN DIEGUITO. 9. Within ten working (10) days of completion of the PROJECT and notification by SAN DIEGUITO, OLIVENHAIN shall inspect all work performed on the PROJECT and determine whether the work was completed in accordance with OLIVENHAIN approved plans and specifications. If by the end of this ten (10) day period, OLIVENHAIN has not notified SAN DIEGUITO in writing through the City Engineer that the work materially varies from the approved plans, OLIVENHAIN shall be deemed to have accepted the PROJECT in accordance with the approved plans and specifications. 10. To cooperate in obtaining required permits. 11. To expeditiously review and approve any required permits for construction of PROJECT within jurisdiction. II. OWNERSHIP AND MAINTENANCE A. WATER LINES Upon completion of all work under this Agreement, ownership and title to materials, equipment, and appurtenances which are installed within SAN DIEGUITO's right-of-way will automatically be vested in and maintained by SAN DIEGUITO with the exception of water lines, materials, equipment, and appurtenances which are the responsibility of the OLIVENHAIN. City of Encinitas shall have senior rights within the road right-of-way. B. EMERGENCY INTERCONNECT Upon completion of all work under this Agreement, ownership of the Emergency Interconnect will belong to OLIVENHAIN and SAN DIEGUITO as a fifty (50) percent ownership to each. OLIVENHAIN agrees to operate and maintain the 4

8 12/14/11 ITEM #S4 8 Emergency Interconnect and keep it in an operational manner such that it is available for use upon determination of need by either agency. SAN DIEGUITO agrees to pay 50% of all costs necessary for the operation and maintenance of the Emergency Interconnect including labor and materials and to pay any invoices delivered to SAN DIEGUITO for the operation and maintenance of the station within 30 days of receipt. SAN DIEGUITO to own, operate, an maintenance the pressure relief valve in Via Poco, (approximate 10 feet south of the PRV/Emergency Interconnect). Ill. LIABILITY AND INDEMNIFICATION Pursuant to Section of the Government Code, SAN DIEGUITO and OLIVENHAIN agree that each will assume the full liability imposed upon it or any of its officers, agents, or employees for injury caused by or arising out of a negligent or wrongful act or omission accruing in the performance of it s obligations under this Agreement, and each party agrees to indemnify and hold harmless the other party for any loss, cost, or expense that may be imposed upon such other party by virtue of Sections and of the Government Code. The indemnity provisions are not limited in any way by the extent of any policy of insurance currently in force and held by either party. All construction contracts for any project which spans the jurisdictional boundary between SAN DIEGUITO and OLIVENHAIN shall include indemnity provisions and insurance provisions, whereby the contractor indemnities both SAN DIEGUITO and OLIVENHAIN and adds both agencies as additional insured on Insurance Policy. IV. NOTIFICATIONS Unless otherwise specifically provided in this Agreement, all notices, demands, or other communications given hereunder will be in writing and will be deemed to have been duly delivered upon personal delivery or as of the second business day after mailing by United States mail, return receipt requested, postage prepared and addressed as follows: If to OLIVENHAIN: Kimberly A. Thorner, ESQ General Manager Olivenhain Municipal Water District 1966 Olivenhain Road Encinitas, CA If to SAN DIEGUITO: Lawrence A. Watt General Manager San Dieguito Water District 160 Calle Magdalena ENCINITAS, CA 920 V. MODIFICATIONS This Agreement may not be modified, amended, or otherwise changed unless by an amendment, in writing, executed by the parties hereto. 5

9 12/14/11 ITEM #S4 9 VI. COUNTERPARTS This agreement may be executed by SAN DIEGUITO and OLIVENHAIN in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument VII. CHOICE OF LAW This agreement shall be governed by, the laws of the State of California and venue shall be proper in the San Diego Superior Court, North County Branch or such other venue as provided by law. VIII. SEVERABILITY If one or more clauses, sentences, paragraphs, provisions or terms of this Agreement shall be held to be unlawful, invalid, or unenforceable, it is hereby agreed by the SAN DIEGUITO and OLIVENHAIN that the remainder of this agreement shall not be affected hereby. IX. HEADINGS The headings of articles and paragraphs of this agreement are for convenience only, and no presumption or implication of the intent of the parties as to the construction of this agreement shall be drawn therefrom. X. COMPLETE AGREEMENT The foregoing constitutes the full and complete agreement of the parties. There are no oral understandings or agreements not set forth in writing herein. IN WITNESS WHEREOF, this Agreement is executed by the CITY OF SAN DIEGUITO pursuant to action taken by its City Council and by the OLIVENHAIN pursuant to action taken by its Board of Directors. OLIVENHAIN MUNICIPAL WATER DISTRICT, a municipal corporation SAN DIEGUITO WATER DISTRICT an irrigation district Kimberly A. Thorner, General Manager Lawrence A. Watt, General Manager DATE: ATTEST: DATE: ATTEST: City Clerk 6

10 12/14/11 ITEM #S4 10 APPROVED AS TO FORM: City Attorney By: 7