HomeMy WebLinkAbout03-14-23 EO&WR Committee Packet
1
OTAY WATER DISTRICT ENGINEERING, OPERATIONS, & WATER RESOURCES COMMITTEE MEETING and SPECIAL MEETING OF THE BOARD OF DIRECTORS
2554 SWEETWATER SPRINGS BOULEVARD SPRING VALLEY, CALIFORNIA Board Room TUESDAY March 14, 2023 12:00 P.M. This is a District Committee meeting. This meeting is being posted as a special meeting
in order to comply with the Brown Act (Government Code Section §54954.2) in the event that a quorum of the Board is present. Items will be deliberated, however, no formal board actions
will be taken at this meeting. The committee makes recommendations to the full Board for its consideration and formal action.
AGENDA 1. ROLL CALL 2. PUBLIC PARTICIPATION – OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO SPEAK TO THE BOARD ON ANY SUBJECT MATTER WITHIN THE BOARD’S JU-
RISDICTION INCLUDING AN ITEM ON TODAY’S AGENDA DISCUSSION ITEMS
3. APPROVAL OF FIRST AMENDMENT OF THE FIRE AND EMERGENCY SERVICES
TRAINING FACILITY LEASE AT THE DISTRICT’S CAMPO ROAD REGULATORY
SITE (COBURN-BOYD) [10 MINUTES)
4. AWARD TWO (2) PROFESSIONAL SERVICES CONTRACTS FOR AS-NEEDED
ELECTRICAL ENGINEERING CONSULTING SERVICES TO BSE ENGINEERING,
INC. AND ENGINEERING PARTNERS, INC. FOR FISCAL YEARS 2023-2025 (CAM-
ERON) [5 MINUTES]
5. ADJOURNMENT
BOARD MEMBERS ATTENDING: Mark Robak, Chair
Jose Lopez
2
All items appearing on this agenda, whether or not expressly listed for action, may be delib-
erated and may be subject to action by the Board. The agenda, and any attachments containing written information, are available at the Dis-trict’s website at www.otaywater.gov. Written changes to any items to be considered at the
open meeting, or to any attachments, will be posted on the District’s website. Copies of the
agenda and all attachments are also available by contacting the District Secretary at (619) 670-2253.
If you have any disability which would require accommodation in order to enable you to par-
ticipate in this meeting, please call the District Secretary at 619-670-2253 at least 24 hours prior to the meeting.
Certification of Posting
I certify that on March 10, 2023, I posted a copy of the foregoing agenda near the reg-ular meeting place of the Board of Directors of Otay Water District, said time being at least 24 hours in advance of the meeting of the Board of Directors (Government Code Section
§54954.2).
Executed at Spring Valley, California on March 10, 2023.
/s/ Tita Ramos-Krogman, District Secretary
STAFF REPORT
TYPE MEETING: Regular Board MEETING DATE: April 5, 2023
SUBMITTED BY: Lisa Coburn-Boyd
Environmental Compliance
Specialist
PROJECT: P1210 DIV. NO. 5
APPROVED BY: Bob Kennedy, Engineering Manager
Michael Long, Chief, Engineering
Jose Martinez, General Manager
SUBJECT: Approval of Amendment #1 to the Lease Agreement with the County
of San Diego for the Otay Water District Fire & Emergency
Services Training Facility
GENERAL MANAGER’S RECOMMENDATION:
That the Otay Water District (District) Board of Directors
(Board) approves Amendment #1 to the Lease Agreement with the
County of San Diego for the Otay Water District Fire & Emergency
Services Training Facility and authorizes the General Manager to
execute the amendment to the agreement (see Exhibit A for
Training Facility location).
COMMITTEE ACTION:
Please see Attachment A.
PURPOSE:
That the Board authorizes the General Manager to execute
Amendment #1 (see Attachment B) to the Lease Agreement with the
County of San Diego for the Otay Water District Fire & Emergency
Services Training Facility.
AGENDA ITEM 3
2
ANALYSIS:
On June 22, 2018, the County of San Diego entered into a Lease
Agreement with the District for the Fire & Emergency Services
Training Facility (Training Facility) which is located at the
District’s Regulatory Site at 11880 Campo Road, Spring Valley.
The original lease for the Training Facility, executed on
December 21, 2007, was with the San Miguel Consolidated Fire
Protection District (SMFD). SMFD made improvements to the
property and added several appurtenances including training
props. SMFD surrendered ownership of all appurtenances
including improvements or personal property located on the
premises, and the District, as Lessor, conveyed ownership of
these appurtenances to the County. A copy of the current lease
agreement is included as Attachment C.
The County contacted the District to discuss an amendment to the
existing lease. The amendment decided upon by District and
County staff revises Article 4 and Article 10 of the existing
lease.
The revision to Article 4, Use of Premises, adds language that
the Lessee and County Fire Authority’s staff, volunteers,
agents, and invitees shall have access and be able to use the
Premises at any time upon reasonable prior notice of not less
than seventy-two (72) hours to the Lessor. The original lease
has this exact language but for the Lessor (District).
The revision to Article 10, Assignment and Subletting, is within
paragraph 10.1, and adds a number of days (three days) that the
Lessor has to notify the County in response to a request for
assignment or subletting. If approval or disapproval by the
Lessor has not been received by the County within the three day
period, this is deemed as consent to the request. Examples of
other agencies that might be assigned to use the training center
include Heartland Fire, San Miguel Fire, and local colleges such
as Miramar College. Access to the site and scheduling of
training for these other agencies will be coordinated with a CAL
FIRE San Diego County Fire Protection District Fire Captain
assigned to the Training Bureau. A County Fire representative
would meet the outside agency to provide access to the site. No
one will be allowed on the site unless approved by the CAL FIRE
San Diego County. There will always be a CAL FIRE San Diego
County employee at the training site for safety purposes when
any outside agencies are performing the training. All scheduled
3
training will continue to be under CAL FIRE San Diego County
control.
FISCAL IMPACT: Joe Beachem, Chief Financial Officer
None.
STRATEGIC GOAL:
This Project supports the District’s Mission statement, “To
provide exceptional water and wastewater service to its
customers, and to manage District resources in a transparent and
fiscally responsible manner” and the General Manager’s Vision,
"To be a model water agency by providing stellar service,
achieving measurable results, and continuously improving
operational practices."
LEGAL IMPACT:
None.
LC-B/BK:jf
Attachments: Exhibit A – Project Location Map
Attachment A – Committee Action
Attachment B – Proposed Amendment #1 to the Lease
Agreement – OWD Fire and Emergency Services
Training Facility
Attachment C – Lease Agreement – OWD Fire &
Emergency Training Facility
OTAY WATER DISTRICTAPPROVAL OF AMENDMENT #1 TO THE LEASE AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR THE OTAY WATER DISTRICT FIRE & EMERGENCY SERVICES TRAINING FACILITY LOCATION MAP
EXHIBIT AC:
\
U
s
e
r
s
\
d
o
n
a
l
d
.
b
i
e
n
v
e
n
u
e
\
O
n
e
D
r
i
v
e
-
O
t
a
y
W
a
t
e
r
D
i
s
t
r
i
c
t
\
D
e
s
k
t
o
p
\
E
x
h
i
b
i
t
A
-
C
o
u
n
t
y
T
r
a
i
n
i
n
g
F
a
c
i
l
i
t
y
L
e
a
s
e
.
m
x
d
!\
VICINITY MAP
PROJECT SITE
DIV 5
DIV 1
DIV 2
DIV 4
DIV 3
ÃÅ54
ÃÅ125
ÃÅ94
ÃÅ905
§¨¦805
FNTS
TRAINING FACILITY SITE
CIP P1210
0 700350
Feet
FCAMPO RD (SR-94)
C
A
M
P
O
R
D
JAMACH
A
R
D
JAMACH
A
B
L
V
D
ATTACHMENT A
SUBJECT/PROJECT:
P1210
Approval of Amendment #1 to the Lease Agreement with the
County of San Diego for the Otay Water District Fire &
Emergency Services Training Facility
COMMITTEE ACTION:
The Engineering, Operations, and Water Resources Committee (Committee)
reviewed this item at a meeting held on March 14, 2023. The Committee
supported Staff's recommendation.
NOTE:
The “Committee Action” is written in anticipation of the Committee
moving the item forward for Board approval. This report will be sent
to the Board as a Committee approved item, or modified to reflect any
discussion or changes as directed from the Committee prior to
presentation to the full Board.
1
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT (“First Amendment”) is dated
as of the Effective Date (defined below) and is by and between Otay Water District, a municipal
water district organized and existing pursuant to the provisions of the Municipal Water District
Law of 1911 (“Lessor”), and the County of San Diego, a political subdivision of the State of
California (“County) with reference to the following facts.
RECITALS
A.Lessor and County entered into a Lease Agreement (“Lease”) on June 22, 2018, for
that certain real property known as 11880 Campo Road, Spring Valley, California and consisting
of approximately 2.73 acres (the “Premises”).
B.Lessor and County wish to amend the Lease in accordance with the terms and
conditions set forth in this First Amendment.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and mutual promises
contained herein, as of the Effective Date, the parties agree to amend and supplement the lease as
follows:
1.AMENDMENT OF LEASE
1.1 Article 4 of the Lease, entitled Use of Premises, is hereby amended to read in its
entirety as follows:
“Article 4 Use of Premises. The Premises shall be used for fire and emergency services
training programs and services for County Fire Authority, Lessor, and other first responders and
public agencies ("County's Intended Use"). A representative list of such programs is attached here
as Exhibit B "Training Programs". County reserves the right to use the premises for any other
comparable use permitted by applicable zoning laws or ordinances, subject to Lessors reasonable
prior written approval thereof.
Lessee and County Fire Authority’s staff, volunteers, agents and invitees shall have access and be
able to use the Premises at any time upon reasonable prior notice of not less than seventy-two (72)
hours to the Lessor. Lessor's staff, volunteers, agents and invitees shall have access and be able to
use the Premises at any time upon reasonable prior notice of not less than seventy-two (72) hours
to County Fire Authority and may participate in training programs pursuant to any conditions
agreed upon by Lessor and County.”
ATTACHMENT B
2
1.2 Section 10.2 of the Lease, entitled Lessors Consent, is hereby amended to read in
its entirety as follows:
“10.2 Lessors Consent. County shall not sublet the whole or any part of the premises,
nor assign this Lease, without in each case first securing the prior written consent thereto of Lessor.
Lessor shall not unreasonably withhold or delay Lessor’s consent to any assignment or subletting
and shall notify County of Lessor's decision with respect to the proposed subletting or assignment
within three (3) days after County's request therefor. Failure of Lessor to give written notice of
Lessor’s approval or disapproval of the proposed subletting or assignment within such period shall
be deemed consent by Lessor to the proposed assignment or subletting. If Lessor disapproves of
any assignment or subletting, Lessor shall state specifically in Lessor’s response to County the
reason for such disapproval.”
2. MISCELLANEOUS
2.1 Effect of Amendment. Except as amended in this First Amendment, the Lease shall
remain in full force and effect. In the event of a conflict between the provisions of the Lease and
the provisions of this First Amendment, the provisions of this First Amendment shall control. This
First Amendment will be binding upon an inure to the benefit of the parties hereto and their
respective heirs, executors, administrators, successors, and assigns.
2.2 Severability. In the event any one of more of the provisions of this First Amendment
will for any reason be held invalid, illegal, or enforceable, the remaining terms and provisions of
this First Amendment will not be affected thereby and will remain in full force and effect and be
binding upon the parties hereto to the fullest extent permitted by law.
2.3 Entire Agreement. This Frist Amendment, together with the Lease, constitutes the
entire agreement between the parties with respect to the subject matter hereof, and supersedes all
prior and contemporaneous communications, agreements and understanding of any kind, whether
written or oral, with respect thereto.
2.4 Counterparts. This First Amendment may be executed in counterparts, and each
counterpart shall constitute one agreement binding on all parties hereto, notwithstanding that all
of the parties are not signatory to an original or same counterpart. The parties agree that signatures
transmitted via pdf attachment shall be binding as if they were original signatures.
2.5 Electronic Signatures. The words “execution,” “signed,” “signature,” and words of
like import shall be deemed to include electronic signatures or the keeping of records in electronic
form, each of which shall have the same legal effect and enforceability as a manually executed
signature or the use of a paper-based record keeping system, to the extend provided for in the
Uniform Electronic Transaction Act (“UETA”) Civil Code Section 1633.1 – 1633.17.
{Signatures on next page}
3
IN WITNESS WHEREOF, County and Lessor have executed this First Amendment as of
the day and year written below. This First Amendment shall be effective as of the latest of the
dates set forth below (“Effective Date”).
COUNTY:
County of San Diego, a political subdivision
of the State of California
By: ________________________________
Marko Medved, Director
Department of General Services
Date: _______________________________
Approved as to form and legality
By: ________________________________
Inna Zazulevskaya, Senior Deputy
County Counsel
LESSOR:
Otay Water District, a municipal water
district organized and existing pursuant to the
provisions of the Municipal Water District
Law of 1911
By: ________________________________
Jose Martinez, General Manager
Date: _______________________________
LEASE AGREEMENT
OTAY WATER DISTRICT FIRE AND EMERGENCY SERVICES TRAINING FACil,ITY
APN: 502-030-51-00 (portion)
TENANT: COUNTY OF SAN DIEGO, a political subdivision
Of the State of California
LESSOR: OTA Y WATER DISTRICT, a municipal water district organized and existing pursuant to the provisions of the Municipal Water
District Law of 1911
ATTACHMENT C
TABLE OF CONTENTS ARTICLE 1 PREWSES •..•.•..•..•..........••••.•..•......•..•........................•.. _ ..•...........•......••....•..•..•• 1 1.1 1.2 1.3 1.3.1 1.3.2 1.3 1.5 Lease of Premises ......................................................................................................... 1 County's Right to Grant Easements or Rights of Way .................................................. 1 Ownership of Personal Property and Improvements .................................................... 1 Ownership of Personal Property ................................................................................. 1 Ownership of Improvements and Fixtures .................................................................. I Improvements by County .............................................................................................. 2 Access to Premises ........................................................................................................ 2 ARTICLE 2 1'ERM ........................................................................................................................ _ 2 2.1 Term .............................................................................................................................. 2 2.2 County's Option to Extend ........................................................................................... 2 2.2 Early Tennination Rights .............................................................................................. 2 2.4 HoJding Over ................................................................................................................ 3 ARTICLE 3 RENT ••.••.•••••••••••••••.•.•.•••..•.•.•••••.•..••••••.••.•••••.••...•••.•..••.•.••.•..••.....•••...•........•••.•••••. 3 ARTICLE 4 USE OF PREMISES·······················-································································· 3 ARTICLE S Q"UIET ENJOYI\IIENT ....................................................................................... 3 ARTICLE 6 MAINTENANCE AND REP AIR OBLIGATIONS ........................................ 4 6.1 Maintenance Services Furnished by County ................................................................. 4 6.2 Repairs .......................................................................................................................... 4 6.3 Certified Access Specialist Inspection .......................................................................... 4 ARTICLE 7 UTaITIES .•..•.••....•.................•..•.................•.....................••........•....................• 4 ARTICLE 8 IN'SURANCE .................................................................................................................. 4 8.1 Lessor's Insurance Obligations ..................................................................................... 4 8.2 County's Insurance Obligations .................................................................................... 4 ARTICLE 9 .IN'DEMNITY ···-·················-······························-····· ..................... -............... -••.• 5 9.1 Lessor's Indemnity ........................................................................................................ 5 9.2 County's lndenmity ....................................................................................................... 59.3 Covered Claims ............................................................................................................. 5
ARTICLE 10 ASSIGNMENT AND SUBLETTIN'G .............................................................. 5 10.1 Lessor's Consent ........................................................................................................... 510.2 Pennitted Transfers ....................................................................................................... 5ARTICLE 11 TAXES ................................................................................................................ 5 ARTICLE 12 COMPLIANCE WITH LAWS; SAFETY REQUIREMENTS ..................... 6
12.1 Lessor's Warranty ......................................................................................................... 6 12.2 County's Tennination Rights ........................................................................................ 6 ARTICLE 13 HA.ZARDOUS MATERI.ALS ••••••••••••.••••..•••.•.•••••••..•.•.•..••••.•••..••.•..•.••••..•.•••••••• 6 13.1 Hazardous Materials Laws -Definition ........................................................................ 6 13.2 Hazardous Materials -Definition .................................................................................. 6 13.3 Lessor's Representations and Warranties ...................................................................... 7 ARTICLE 14 LESSOR'S ACCESS TO PREMISES .............................................................. 8ARTICLE 1S AFFIRMATIVE ACTION PROGRAM FOR DISABLED PERSONS ........ 8ARTICLE 16 GENERAL PRO'VISIONS ................................................................................ 8 16.1 Authority ....................................................................................................................... 8 16.2 Captions ........................................................................................................................ 816.3 County Approval ........................................................................................................... 8 16.4 Cumulative Remedies ................................................................................................... 9 16.5 aDtire Agreement .......................................................................................................... 9 16.6 Governing Law ............................................................................................................. 9 16. 7 Modification .................................................................................................................. 916.8 Notices .......................................................................................................................... 9 16.9 Partial Invalidity ............................................................................................................ 9 16.1 O Successor and Assigns .................................................................................................. 9 16.11 Ti.me of Essence .......................................................................................................... 10 16.12 Waiver ......................................................................................................................... 10 16.13 Contingency ................................................................................................................ 10 EXIDBITS A PREMISES AND ACCESS ROAD ii
OTAYWATERDISTRICT FIRE AND EMERGENCY SERVICES TRAINING FACILITY �S LEASE AGREEMENT ("Lease") is made and entered into effective as of{:,/42 ye ("Commencement Date"), by and between Otay Water District, a municipal waterdistrict organized and existing pursuant to the provisions of the Municipal Water District Law of1911, ("Lessor"), and the COUNTY OF SAN DIEGO, a political subdivision of the State ofCalifornia ("County").ARTICLE I PREMISES 1.1 Lease of Premises. Lessor hereby leases to County and County hereby leases fromLessor, for the rent and upon the covenants and conditions hereinafter set forth, the Premisesdelineated on Exhibit "A" attached hereto and by this reference made a part hereof. SaidPremises consist of approximately 2.73 acres ofland, a portion of Assessor's Parcel Numbers502-030-51-00 and 508-010-10-00 (the •'Property"), located at 11880 Campo Road, SpringValley, and further delineated on Exhibit A. Except as expressly provided to the contrary in thisLease, references to the "Premises" are to the described land only.1.2 County's Right to Grant Easements or Rights of Way. Lessor grants to County theright to grant public entities or public service corporations, for the purpose of serving thePremises for its permitted use, rights of way or easements on or over the Premises for poles orconduits or both for telephone, electricity, water, sanitary or storm sewers or both, and for otherutilities and municipal or special district services. Grants made under the authority of thisSection shall be limited to the Tenn.1.3 Ownership of Personal Property and Improvements. The rights and obligations ofthe parties regarding the ownership of personal property and Improvements on the Premises,shall be as follows:1.3 .1 Lessor's previous Lessee, San Miguel Consolidated Fire ProtectionDistrict ("SMG"), has surrendered ownership of the appurtenances, including improvements orpersonal property now located on the Premises. .1.3.2 As of the Commencement Date, Lessor conveys ownership of theseappurtenances to the County and the County accepts such appurtenances.1.3 .3. Ownership of Personal Pzo.perty. Subject to the provisions of the followingSection 1.3.4, "Ownership oflmprovements and Fixtures", all of County's furniture, furnishings,signs and other personal property not permanently affixed to the Premises or to anyImprovements ( collectively referred to as "Personal Property" in this Lease) shall remain theproperty of County.1.3.4 Ownership of Improvements. All appurtenances existing on theCommencement Date, including approximately 60,000 square-feet of concrete, six ( 6) firehydrants, 2' trench drain, 3' wide drainage ditch, retaining walls, 3' concrete ribbon gutter,1
concrete swale, 10,000 gallon commercial draughting pit, battery sand-oil interceptor, con.fined
space prop, ventilation prop, depressed prop for live tire, highway overpass prop, electrical
service and backflow, or any other improvements constructed by County during the Term,
together with all fixtures permanently attached to the Premises or to any improvements located
thereon (collectively referred to in this Lease as "Improvements"), shall remain the property of
County during the Term. Should this Lease be terminated by County or Lessor, ownership of all
improvements in place upon termination of the Lease shall at Lessor's discretion revert to Lessor
or be removed by County at County's sole cost and expense.
1.4 Improvements by County. At the County's discretion, County may, at its sole
cost and expense, construct any or all of the improvements, facilities, or related amenities
allowed under Major Use Permit 3300-09-007 dated October 22, 2010. Neither County nor
Lessor shall make any other alterations, improvements or additions in or about the Premises
without the prior written consent of the other party.
1.5 Access to Premises._Lessor grants County the right to use Lessor's existing
improved access road ("Access Road") from Highway 94, through Lessor's existing facility, to
the Premises, as shown on Exhibit A, attached hereto. County shall not be required to construct
or improve an alternate access route to the Premises or to further improve the existing Access
Road, but County shall participate in the maintenance and/or repair of the Access Road, by
contributing fifty (50%) percent of any and all future maintenance and/or repair costs for said
Access Road during the Term of this Lease.
ARTICLE2 TERM
2.1 Term. The term (''Term") of this Lease shall be three hundred sixty (360) months
(the "Initial Term"), commencing upon the Commencement Date.
2.2 County's Option to Extend. County shall have the option to extend the Term for
an additional two hundred forty (240) month period (the "Option Term") upon three hundred
sixty five (365) days' prior written notice to Lessor, provided that County is using the Premises
for the training programs and services set forth in Article 4 "Use of Premises" below.
2.3 Early Tennination.
(a)This Lease may be terminated by County, at its sole option and without
penalty, upon three hundred sixty-five (365) days' prior written notice to Lessor.
(b)Lessor may terminate this Lease upon one-hundred eighty (180) days'
prior written notice to County if County abandons or discontinues its use of the Premises, or if
County transfers operation of the Improvements to another entity without Lessor's prior written
consent. In the event the Lease is terminated, County shall remove all personal property and
equipment, and surrender the Premises and Improvements thereon, without warranty, to Lessor,
subject to the provisions of Article 1.3.4. above.
2
2.4 Holding Over. The Term of this Lease shall expire without further notice at the
expiration of the Term specified in Section 2.1. ff County holds over in occupancy of the
Premises, or any portion of the Premises, after the expiration of the Term without Lessor's
written consent, County shall become a month-to-month tenant Any such holdover shall be
subject to the terms and conditions specified in this Lease, so far as applicable. Any holding
over after the expiration of the Term sh.all not constitute a renewal or extension of this Lease,
except as specified in this Lease or when in writing signed by both parties to this Lease.
During any holdover after the expiration of the Term, the County shall continue to indemnify
Lessor in accordance with Article 9, INDEMl'1ITY. The inclusion of this reference does not
affect any provisions in the balance of this Lease. Lessor agrees to consent to any written
holdover request by County for any lawful reasonable purpose for a period not to exceed one
(1)year.
County shall pay to Lessor as rent the sum of one dollar ($1.00) for the Tenn. County
shall pay rent by depositing a County warrant by First Class Mail, postage prepaid, addressed to
Lessor at the address stated in Section 19.8.
ARTICLE4
USE OF PREMISES
The Premises shall be used for fire and emergency services training programs and
services for County Fire Authority, Lessor, and other fust responders and public agencies
("County's Intended Use"). A representative list of such programs is attached here as Exhibit B
"Training Programs". County reserves the right to use the Premises for any other comparable
use permitted by applicable zoning laws or ordinances, subject to Lessor's reasonable prior
written approval thereof.
Lessor's staff, volunteers, agents and invitees shall have access and be able to use the
Premises at any ti.me upon reasonable prior notice of not Jess than seventy two (72) hours to
County Fire Authority and may participate in training programs pursuant to any conditions
agreed upon by Lessor and County.
ARTICLES
QUIET ENJOYMENT
Upon County's paying rent and performing its other obligations hereunder, County shall
peacefully and quietly have, hold and enjoy the Premises throughout the Term and any
extensions thereof, without hindrance by Lessor or any person lawfully claiming through or
under Lessor.
ARTICLE6
3
MAINTENANCE AND REP AIR OBLIGATIONS 6.1 Maintenance Services Furnished by County. County shall be responsible, at its sole expense, for furnishing to the Premises all services that may be required by County's occupancy and use of the Premises. Such services may include, but are not limited to, maintenance of Improvements, custodial and trash removal services, landscape maintenance, graffiti and brush removal, and contributing fifty (50%) percent of any and all future maintenance and/or repair costs for said Access Road during the Term of this Lease subject to Section 1.3 above. 6.2 Repairs. (a)Subject to the provisions of this Lease pertaining to damage ordestruction of the Premises, Com1ty shall. at all times and at its sole expense keep the Premises and Improvements in good order, condition and repair, such that the same are at all times in good and tenantable condition. 6.3 Certified Access Specialist Inspection. Pursuant to the provisions of California Civil Code section 1938, the Premises bas not undergone inspection by a Certified Access Specialist to determine whether the Premises meets all applicable construction-related accessibility standards pursuant to California Civil Code section 55.53. ARTICLE7
UTILITIES County shall furnish to the Premises, and pay for at all times during the Term, all utilities necessary for the use and enjoyment by County of the Premises for County's Intended Use. Such utility services may include, but are not necessarily limited to, water, electricity, phone, cable, internet, and sewage service. County shall be responsible for installing utility infrastructure needed for County's operation of the facility, if not existing on the Effective Date. Lessor hereby approves of the County's installatio� at County's sole cost and expense, of sewer service, a septic system, or portable toilets on the Premises to serve the Improvements. ARTICLES INSURANCE 8.1 Lessor's Insurance Obligations. Lessor shall maintain in effect during the Term adequate insurance as required by law, or may self-insure, in connection with any activities of Lessor to be performed or carried out on the Premises or the Improvements. 8.2 County's Insurance Obligations. County shall maintain a policy of All-Risk Insurance covering the County's personal property in the Premises, including any fixtures or equipment in the Premises owned by County. The County may utilize a program of self-funding with regard to any liability it may incur for personal injury or property damage arising out its use or occupancy of the Premises. 4
ARTICLE9 INDEMNITY
ARTICLE to ASSIGNMENT AND SUBLETTING
ARTICLE 11 TAXES
County shall not obligated to pay any taxes accruing before, during or after the Term, or any
extension thereof, on the Premises; all such payments shall be the sole responsibility of Lessor.
As used herein, the term taxes" means all taxes, governmental bonds, special assessments,
Mello-Roos assessments, charges, rental income or transfer taxes, license and transaction fees,
including, but not limited to, (i) any state, local, federal, personal or corporate income tax, or any real or personal property tax, (ii) any estate inheritance taxes, (iii) any franchise, succession or
transfer taxes, or (iv) interest on taxes or penalties resulting from Lessor's failure to pay taxes.
However, Lessor shall not be obligated to pay any taxes incurred by County's subtenants,
assignees, concessionaires, and/or licensees.
COMPLIANCE WITH LAWS; SAFETY REQUIREMENTS
12.1 Lessor's Warranty. Lessor warrants that, to Lessor's knowledge and belief, as of
the Commencement Date, there are no violations of any laws or orclinances, or of rules or
regulations of insurance-rating organizations, which would materially affect County's use or
occupancy of the Premises, and that County's Intended Use of the Premises is in compliance with
all existing laws and insw-ance policies affecting the Premises.
12.2 County's Termination Rights. ff County's Intended Use of the Premises shall be
prohibited at any time during the Term or any extensions thereof by any federal, state or local
statute, ordinance or regulation. the Term shall automatically tenninate as of the effective day of
such prohibition and all rent owing under this Ground Lease shall be equitably pro-rated on a per
diem basis as of the date of such termination; provided, however, that County may elect to
continue as the tenant on the Premises in the event that such prohibition of County's Intended
Use does not also prohibit another comparable use permitted by applicable zoning laws or
ordinances, subject Lessor's reasonable written approval thereof.
ARTICLE13 HAZARDOUS MATERIALS
13.1 Hazardous Materials Laws -Definition. As used in this section, the term
"Hazardous Materials' Laws" means any and alJ federal, state or local laws or ordinances, rules,
permits, decrees, orders, regulations or court decisions (including the so-called "common law")
relating to hazardous substances, hazardous materials, hazardous waste, toxic substances,
environmental conditions on, under or about the Premises, soil and ground water conditions or
other similar substances or conditions, including, without limitation, those hazardous or toxic
substances identified the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901,
13.2 Hazardous Materials -Definition. As used in this section the tenn "Hazardous
Materials" means any chemical, compound, material, substance or other matter the presence of
which gives rise to any reporting, notice or publication requirements, or duty to investigate,
under any Hazardous Materials Laws; provided, however, that office and cleaning supplies in amounts normal and customary for the Premises shall not be considered as Hazardous Materials. Lessor is responsible for ensuring that provisions are in place for handling any hazardous materials under the control of the Lessor ( or their contractors) in a manner to minimize exposure incidents and that Material Safety Data Sheets (MSDSs) will be made available to County employees for hazardous materials involved in a renovation/construction/emergency incident. County is responsible for ensuring that provisions are in place for handling any hazardous materials under the control of the County, its subtenants, assignees concessionaires, and/or licensees, to minimize exposure incidents and that Material Safety Data Sheets (MSDSs) will be made available to Lessor for any hazardous materials usage. 13.3 Lessor's Representations and Warranties. Lessor represents and warrants that, other than as disclosed to County and specifically approved in writing by County's Lease Administrator: (a)Lessor has received no notice from any governmental agency of violation,or suspected or possible violation, of any Hazardous Materials Laws with respect to the Premises or the Property, and there has at no time been a government-supervised cleanup or remediation of Hazardous Materials on the Premises; (b)to the best of Lessor's knowledge, any handling, transportation, storage,treatment or usage of Hazardous Materials that has occurred on the Premises prior to the Commencement Date has been in compliance with all applicable Hazardous Materials Laws; ( c)no leaks, spills, releases, discharges, emissions or disposal of HazardousMaterials have occurred on the Premises prior to the Commencement Date, and, to the best of Lessor's knowledge, the soil, ground water, and soi] vapor on or under the Premises is free of Hazardous Materials as of the Commencement Date; 13.4 County's Representations and Warranties. Cowity represents and warrants that for the duration of the term of the Lease, it will defend and indemnify Lessor and hold it hmmless from and against any Claims related to this Lease or County's (including its contractors, licensees, invitees, agents, servants and employees,) occupancy or use of the Premises, which arise from: (a)Receipt of notice from any governmental agency of violation, or suspectedor possible violation, of any Hazardous Materials Laws with respect to the Premises or the Property, or if there is a government-supervised cleanup or remediation of Hazardous Materials on the Premises. (b)Any and all handling, transportation, storage, treatment or usage ofHazardous Materials that occurs on the Premises during the term of the Lease that does not comply with all applicable Hazardous Materials Laws; ( c)Leaks, spills, releases, discharges, emissions or disposal of HazardousMaterials that occurs on,the Premises prior during the term of the Lease or any contamination of 7
ARTICLE14 LESSOR'S ACCESS TO PREMISES
ARTICLElS COMPLIANCE WITH LAWS FOR HIRING DISABLED PERSONS
ARTICLE 16 GENERAL PROVISIONS
8
16.4 Cumulative Remedies. In the event of a default under this Lease, each party's remedies shall be limited to those remedies set forth in this Lease; any such remedies are cumulative and not exclusive of any other remedies under this Lease to which the non-defaulting party may be entitled. 16.5 Entire Agreement. This Lease, together with any addenda, exhibits and riders attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior or contemporaneous agreements, understandings and representations, oral or written, are superseded. 16.6 Governing Law. This Lease shall be governed, construed and enforced in accordance with the laws of the State of California. 16. 7 Modification. The provisions of this Lease may not be modified, except by awritten instrument signed by both parties. 16.8 Notices. All notices, demands, requests or other communication required or permitted to be given hereunder ("Notices") shall be in writing and (i) delivered in person to an officer or duly authorized representative of the other party, or (ii) sent by First Class United States Mail, postage prepaid to Lessor and County at the appropriate address set forth below, or to such other address as Lessor or County may hereafter designate by written notice to the other party. Any such Notice shall be deemed duly given upon receipt if delivered as set forth under (i), above, or, in case of (ii) above, forty-eight ( 48)_ hours from the time of mailing if mailed as provided in this section. Lessor's address for notice: Otay Water District 2554 Sweetwater Springs Boulevard Spring Valley, California 91978 Attention: General Manager C01mty's Address for notice: Director Department of General Services 5560 Overland A venue, Suite 410 San Diego, California 92123 16.9 Partial Invalidity. If any provision of this Lease is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease shall not be affected thereby. Each provision shall be valid and enforceable to the fullest extent pennitted by law. 16.10 Successor and Assigns. This Lease shall be binding on and inure to the benefit of the parties and their successors and assigns, except as may otherwise be provided herein. 9
16.11 Time of Essence. Time is of the essence of each and every provision of this Lease.
16.12 Waiver. No provision of this Lease or the breach thereof shall be deemed waived,
except by written consent of the party against whom the waiver is claimed.
16.13 Contingency. Notwithstanding anything to the contrary contained herein, this
Lease shall be contingent upon the tennination of the Ground Lease and Joint Use Agreement
entered into on December 21, 2007 between Lessor and San Miguel Consolidated Fire
Protection District ("Agreement"). If the Agreement has not been tenninated as of the Effective
Date, this Lease shall be of no force or effect.
IN WITNESS WHEREOF, County and Lessor have executed this Lease effective as of
the date first written above.
COUNfY:
COUNTY OF SAN DIEGO, a
Political subdivision of the State of California
By:�
W MARK.�.E., CEM, Director
Department of Gener� Services
Approved as to form and legality
By:�Shiri Hoff man, Senior Deputy County
Counsel
10
LESSOR:
OTAY WATER DISTRICT, a municipal
water district organiz.ed and existing
pursuant to the provisions of the Municipal
Water District Law of 1911
MARK WATTON, General Manager
d es to f mm and I gality /
l Vi/\JY\., �y
1.Structural2.Wildland3.Rescue4.Command5.Management6.Driving7.Pumping8.Fire Control9.ffimtrdous Materials10.Prevention11.Investigation12.Public Education13.CERT14.Instructor15.EMS
EXHIBIT "B" TRAINING PROGRAMS
B-1
STAFF REPORT
TYPE MEETING: Regular Board MEETING DATE: April 5, 2023
SUBMITTED BY: Kevin Cameron
Engineering Manager
PROJECT: Various DIV. NO.All
APPROVED BY: Bob Kennedy, Engineering Manager
Michael Long, Chief, Engineering
Jose Martinez, General Manager
SUBJECT: Award two (2) Professional Services Contracts for As-Needed
Electrical Engineering Consulting Services to BSE Engineering,
Inc. and Engineering Partners, Inc. for Fiscal Years 2023-2025
GENERAL MANAGER’S RECOMMENDATION:
That the Otay Water District (District) Board of Directors (Board)
award two (2) professional service agreements for As-Needed
Electrical Engineering Consulting Services and to authorize the
General Manager to execute two agreements with BSE Engineering, Inc.
(BSE) and Engineering Partners, Inc. (EPI), each in an amount not-to-
exceed $400,000. The total amount of the two (2) contracts will not
exceed $400,000 during Fiscal Years 2023-2025 (ending June 30, 2025).
COMMITTEE ACTION:
Please see Attachment A.
PURPOSE:
To obtain Board authorization for the General Manager to enter into
two (2) professional services agreements for As-Needed Electrical
Engineering Consulting Services with BSE and EPI, each in an amount
not-to-exceed $400,000. The total amount of the two (2) contracts
will not exceed $400,000 during Fiscal Years 2023-2025.
AGENDA ITEM 4
2
ANALYSIS:
The District will require the services of two (2) professional
electrical engineering consultants on an as-needed basis in support
of Capital Improvement Program (CIP) projects for Fiscal Years 2023-
2025. It is more efficient and cost effective to issue two as-needed
contracts for electrical engineering services, which will provide the
District with the ability to obtain consulting services in a timely
and efficient manner. This concept has also been used in the past
for other disciplines, such as construction management, geotechnical,
engineering design, and environmental services.
The District staff will identify tasks and request cost proposals
from the two (2) consultants during the contract period. Each
consultant will prepare a detailed scope of work, schedule, and fee
for each task order, with the District evaluating the proposals based
upon qualifications and cost. The District will enter into
negotiations with the consultants, selecting the proposal that has
the best value for the District. Upon written task order
authorization from the District, the selected consultant shall then
proceed with the project, as described in the scope of work.
The CIP projects that potentially require electrical engineering
services for Fiscal Years 2023-2025, and estimated costs, are listed
below:
CIP DESCRIPTION
ESTIMATED
COST
P2563 870-2 Reservoir Cover/Liner Replacement and
Supporting Projects $30,000
P2630 624-3 Reservoir Automation of Chemical Feed
System $15,000
P2658 832-1 Pump Station Modifications $20,000
P2676 980-2 PS Miscellaneous Replacements $50,000
P2683 Pump Station Safety, Monitoring, and Automation
Improvements $50,000
P2684 Zero Emission Vehicles and Charging
Infrastructure $75,000
S2060 Steele Canyon Pump Station Replacement $35,000
S2061 RWCWRF Aeration Controls Consolidation &
Optimization Upgrades $25,000
S2069 Cottonwood Sewer Pump Station Renovation $50,000
TOTAL: $350,000
Staff believes that a $400,000 cap on the As-Needed Electrical
Engineering Consulting Services contract is adequate, while still
3
providing a buffer for any unforeseen tasks. Fees for professional
services will be charged to the CIP projects.
The As-Needed Electrical Engineering Services contracts do not commit
the District to any expenditure until a task order is approved to
perform the work. The District does not guarantee work to the
consultants, nor does the District guarantee to the consultants that
it will expend all the funds authorized by the agreement for
professional services.
The District solicited electrical engineering consulting services by
placing an advertisement on the Otay Water District’s website and
using Periscope S2G, the District’s online bid solicitation website,
on November 11, 2022. Ten (10) firms submitted a Letter of Interest
and a Statement of Qualifications. The Request for Proposal (RFP)
was sent to all ten (10) firms resulting in seven (7) proposals
received on January 12, 2023. They are as follows:
• BSE Engineering (San Diego, CA)
• Enterprise Engineering, Inc. (Poway, CA)
• Engineering Partners, Inc. (San Diego, CA)
• Eramosa (Overland Park, KS)
• Michael Baker International (Santa Ana, CA)
• Salas O’Brien (Vista, CA)
• Vektor Engineering (San Ramon, CA)
Firms that submitted Letters of Interest (LOI), but did not propose,
were Borrelli & Associates, Inc. and Lee & Ro; Alisto Engineering
submitted a proposal a day after the deadline, which was considered
non-responsive.
In accordance with the District’s Policy 21, staff evaluated and
scored all written proposals and interviewed the top five (5) firms
on February 16, 2023. BSE & EPI received the highest scores based on
their experience, understanding of the scope of work, proposed method
to accomplish the work, and their composite hourly rate. BSE and EPI
are currently under contract with the District for this service, and both
consultants have provided similar services to other local agencies.
A summary of the complete evaluation is shown in Attachment B.
Both BSE and EPI submitted Company Background Questionnaires, as
required by the RFP, and staff did not find any significant issues.
In addition, staff checked their references and performed an internet
search on both companies. Staff found the references to be excellent
and did not find any outstanding issues with the internet search.
4
FISCAL IMPACT: Joe Beachem, Chief Financial Officer
The funds for these contracts will be expended on a variety of
projects, as previously noted above. These contracts are for as-
needed professional services based on the District's need and
schedule, and expenditures will not be made until a task order is
approved by the District for the consultant's services on a specific
CIP project.
Based on a review of the financial budget, the Project Manager
anticipates that the budgets will be sufficient to support the
professional as-needed consulting services required for the CIP
projects noted above.
The Finance Department has determined that the funds to cover these
contracts will be available as budgeted for these projects.
STRATEGIC GOAL:
This Project supports the District’s Mission statement, “To provide
exceptional water and wastewater service to its customers, and to
manage District resources in a transparent and fiscally responsible
manner” and the General Manager’s Vision, "To be a model water agency
by providing stellar service, achieving measurable results, and
continuously improving operational practices."
GRANTS/LOANS:
Not applicable.
LEGAL IMPACT:
None.
KC/BK:jf
C:\OneDrive\Otay Water District\ENG OPERATING - Documents\As-Needed Services\Electrical\FY 2023-2025\Staff
Report\BD_04-05-2023_Staff Report_Award of As-Needed Electrical Engineering Services (KC-BK).docx
Attachments: Attachment A – Committee Action
Attachment B – Summary of Proposal Rankings
ATTACHMENT A
SUBJECT/PROJECT:
Various
Award two (2) Professional Services Contracts for As-Needed
Electrical Engineering Consulting Services to BSE
Engineering, Inc. and Engineering Partners, Inc. for Fiscal
Years 2023-2025
COMMITTEE ACTION:
The Engineering, Operations, and Water Resources Committee
(Committee) reviewed this item at a meeting held on March 14, 2023.
The Committee supported Staff's recommendation.
NOTE:
The “Committee Action” is written in anticipation of the Committee
moving the item forward for Board approval. This report will be sent
to the Board as a Committee approved item, or modified to reflect any
discussion or changes as directed from the Committee prior to
presentation to the full Board.
Qualifications of
Team
Responsiveness
and Project
Understanding
Technical and
Management
Approach
INDIVIDUAL
TOTAL -
WRITTEN
AVERAGE
WRITTEN
TOTAL
Consultant's
Commitment to
DBE
Additional
Creativity and
Insight
Strength of
Project Manager
Presentation &
Communication
Skills
Responses to
Questions
INDIVIDUAL
TOTAL - ORAL
AVERAGE
ORAL TOTAL
TOTAL SCORE
WITHOUT FEE
Proposed
Fee1&2
TOTAL
SCORE
30 25 30 85 85 Y/N 15 15 10 10 50 50 135 15 150 Poor/Good/
Excellent
Kevin Cameron 27 23 26 76 13 13 9 8 43
Stephanie Chen 26 23 26 75 13 13 9 9 44
M. O'Donnell/B. DiPietro 26 23 28 77 14 13 9 9 45
Juan Tamayo 25 23 25 73 14 13 9 9 45
Jeff Marchioro 28 24 28 80 14 15 10 9 48
Kevin Cameron 26 22 25 73 13 12 7 7 39
Stephanie Chen 23 21 23 67 12 12 7 7 38
M. O'Donnell/B. DiPietro 26 22 26 74 12 11 7 7 37
Juan Tamayo 25 23 26 74 13 12 8 9 42
Jeff Marchioro 26 19 24 69 13 12 8 9 42
Kevin Cameron 27 24 27 78 13 14 9 8 44
Stephanie Chen 26 23 25 74 13 13 7 7 40
M. O'Donnell/B. DiPietro 26 23 28 77 13 13 9 8 43
Juan Tamayo 24 24 25 73 13 14 7 9 43
Jeff Marchioro 28 24 28 80 14 14 8 8 44
Kevin Cameron 23 20 21 64
Stephanie Chen 23 20 22 65
M. O'Donnell/B. DiPietro 24 23 24 71
Juan Tamayo 23 21 24 68
Jeff Marchioro 25 22 24 71
Kevin Cameron 24 22 24 70 12 12 6 6 36
Stephanie Chen 24 23 24 71 11 10 5 5 31
M. O'Donnell/B. DiPietro 27 24 26 77 10 10 6 7 33
Juan Tamayo 25 21 24 70 12 11 7 7 37
Jeff Marchioro 27 24 26 77 11 11 7 7 36
Kevin Cameron 26 23 26 75 12 12 8 7 39
Stephanie Chen 24 23 23 70 12 12 8 8 40
M. O'Donnell/B. DiPietro 26 24 24 74 11 12 7 7 37
Juan Tamayo 25 22 23 70 12 12 7 7 38
Jeff Marchioro 24 22 24 70 11 12 7 6 36
Kevin Cameron 23 20 23 66
Stephanie Chen 21 22 21 64
M. O'Donnell/B. DiPietro 23 21 22 66
Juan Tamayo 24 20 25 69
Jeff Marchioro 23 19 21 63
Notes:
Consultant Weighted Fee Score 1. Review Panel does not see or consider proposed fee when scoring other categories. The proposed fee is scored by Engineering staff not on the Review Panel.
BSE Engineering $172 8 2. The fees were evaluated by comparing weighted rates for six positions. The sum of the weighted rates are noted on the table to the left.
Enterprise Engineering $164 10
Engineering Partners $140 15
Eramosa $143 14
Michael Baker $205 1
Salas O'Brien $182 6
Vektor Engineering $163 10
NOT INTERVIEWED
NOT INTERVIEWED
68
7666
6
119
14
10
129
121
134
82
109
116
REFERENCES
76 Y
71
Excellent
Y 10
15
Excellent
FEE SCORING CHART
Vektor Engineering 66
Y68
Y
Y
Michael Baker
Y
ATTACHMENT B
SUMMARY OF PROPOSAL RANKINGS
FY2023-2025 As-Needed Electrical Engineering Consulting Services
WRITTEN ORAL
108
121
72 38 110Salas O'Brien
BSE Engineering, Inc.76 Y
35
43
8
73
MAXIMUM POINTS
Enterprise Engineering
(EEI)
Engineering Partners,
Inc. (EPI)
Eramosa
1
45
40 111