HomeMy WebLinkAbout11-15-16 FA&C Committee Packet 1
OTAY WATER DISTRICT
FINANCE, ADMINISTRATION AND COMMUNICATIONS
COMMITTEE MEETING
and
SPECIAL MEETING OF THE BOARD OF DIRECTORS
2554 SWEETWATER SPRINGS BOULEVARD
SPRING VALLEY, CALIFORNIA
BOARDROOM
TUESDAY
November 15, 2016
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 BUT NOT AN ITEM ON TODAY'S AGENDA
DISCUSSION ITEMS
3. APPROVE THE PURCHASE OF A PERMANENT UTILITY EASEMENT AT THE
RANCHO SAN DIEGO VILLAGE SHOPPING CENTER FROM REGENCY
CENTERS FOR THE CAMPO ROAD SEWER REPLACEMENT PROJECT IN AN
AMOUNT NOT-TO-EXCEED $125,000 (BEPPLER) [5 minutes]
4. APPROVE THE ISSUANCE OF A PURCHASE ORDER TO VOLVO
CONSTRUCTION EQUIPMENT IN THE AMOUNT NOT-TO-EXCEED $269,764 FOR
THE PURCHASE OF TWO (2) REPLACEMENT PORTABLE EMERGENCY
GENSETS (MARTINEZ) [5 minutes]
5. APPROVE A TWO-YEAR FIXED AGREEMENT, PLUS THREE (3) ONE-YEAR
OPTIONS, WITH T&T JANITORIAL, INC. FOR JANITORIAL SERVICES IN AN
AMOUNT-NOT-TO-EXCEED $286,800 (PAYNE) [5 minutes]
6. APPROVE THE FIRST AMENDMENT TO THE JOINT POWERS AGENCY WATER
CONSERVATION GARDEN OPERATION AGREEMENT, EXTENDING THE
EXPIRATION DATE AN ADDITIONAL SIX MONTHS FROM DECEMBER 31, 2016
TO JUNE 30, 2017 (OTERO) [5 minutes]
7. ADJOURNMENT
2
BOARD MEMBERS ATTENDING:
Jose Lopez, Chair
Mitch Thompson
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 through the District Secretary by contacting
her at (619) 670-2280.
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 670-2280 at least 24 hours prior
to the meeting.
Certification of Posting
I certify that on November 10, 2016 I posted a copy of the foregoing agenda near the
regular 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 November 10, 2016.
______/s/_ Susan Cruz, District Secretary _____
STAFF REPORT
TYPE MEETING: Regular Board
MEETING DATE: December 7, 2016
SUBMITTED BY:
Stephen Beppler
Senior Civil Engineer
Bob Kennedy
Engineering Manager
PROJECT: S2024-
001102
DIV. NO. 5
APPROVED BY:
Rod Posada, Chief, Engineering
German Alvarez, Assistant General Manager
Mark Watton, General Manager
SUBJECT: Authorization to Acquire an Easement at Rancho San Diego
Village Shopping Center from Regency Centers for the Campo
Road Sewer Replacement
GENERAL MANAGER’S RECOMMENDATION:
That the Otay Water District Board of Directors (Board) authorize the
General Manager to acquire a permanent utility easement at the Rancho
San Diego Village Shopping Center from Regency Centers for the Campo
Road Sewer Replacement Project in an amount not to exceed $125,000
(See Exhibit A for location of the easement).
COMMITTEE ACTION:
Please see Attachment A.
PURPOSE:
To obtain Board approval authorizing the General Manager to acquire a
permanent utility easement at the Rancho San Diego Village Shopping
Center from Regency Centers for the Campo Road Sewer Replacement
Project (Project) in an amount not to exceed $125,000.
ANALYSIS:
The District is in the process of replacing a section of sanitary
sewer main known as the Campo Road Sewer, identified in the
Wastewater Management Plan as being deficient in capacity. Design
2
and Permit phases of the Project are complete, with the Project
awaiting easement procurements prior to beginning the bidding phase.
A permanent utility easement is required across Assessor Parcel
Number 502-150-18 (Rancho San Diego Village), owned by Regency
Centers and its subsidiary CA Rancho San Diego Village, LLC
(Regency), to construct the replacement sanitary sewer line as
designed, which reflect significant road improvements along SR-94
since the original sewer was constructed in 1974. The easement,
irregular shaped to conform to the property boundary and existing
District easements on the property, is approximately 24 feet in width
and 280 feet in length (see Attachment B for full description).
The District, through the project designer Rick Engineering, retained
the appraisal services of Colliers International, an independent real
estate appraiser, to estimate the “Fair Market Value” of the proposed
Permanent Utility Easement acquisition, as that value is defined in
Section 1263.320 of the California Code of Civil Procedure. An offer
was presented to Regency by letter dated June 1, 2016 (Attachment C)
for an amount of $72,400.
Based upon the appraised value of the property and Regency’s
disagreements with it, the District’s General Counsel and Regency’s
attorney have determined through negotiation that the amount of
$125,000 constitutes just compensation. A revised offer letter
(Attachment D) was then sent to Regency on October 31, 2016 for their
written acceptance of the offer.
FISCAL IMPACT: Joe Beachem, Chief Financial Officer
The total budget for CIP S2024, as approved in the FY 2017 budget, is
$8,500,000. Total planning and design phase expenditures to date,
plus outstanding commitments and forecast, are $ 1,382.860.69. See
Attachment E Budget Detail. Forecasted bidding, additional easement
acquisition, and construction phase costs are approximately
$6,900,000, for a total project expense currently estimated at about
$8,300,000.
Based on a review of the financial budget, the Project Manager
anticipates that the budget for CIP S2024 will be sufficient to
support the Project.
Finance has determined that, under the current rate model, 50% of the
funding will be available from the Betterment Fund and 50% will be
available from the Replacement Fund.
3
STRATEGIC GOAL:
This Project supports the District’s Mission statement, “To provide
high quality and reliable water and wastewater services to the
customers of the Otay Water District, in a professional, effective,
and efficient manner” and the General Manager’s Vision, "A District
that is innovative in providing water services at competitive rates,
with a reputation for outstanding customer service."
LEGAL IMPACT:
None.
SB/BK/RP:mlc
P:\WORKING\CIP S2024 Campo Road Sewer Replacement\Staff Reports\Regency Easement\BD 12-07-16, Staff
Report, Campo Rd Sewer Easement Aquisition - Regency (SB-BK).docx
Attachments: Attachment A – Committee Action
Attachment B – Easement Description
Attachment C – Original Offer Letter to Regency
Attachment D – Revised Offer Letter to Regency
Attachment E – Budget Detail
Exhibit A – Location Map
ATTACHMENT A
SUBJECT/PROJECT:
S2024-001102
Authorization to Acquire an Easement at Rancho San Diego
Village Shopping Center from Regency Centers for the Campo
Road Sewer Replacement
COMMITTEE ACTION:
The Finance, Administration, and Communications Committee (Committee)
reviewed this item at a Committee Meeting held on November 15, 2016.
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.
OWD EASEMENT NO.
RECORDING REQUESTED BY For Recorder's Use
AND AFTER RECORDATION
MAIL TO:
OTAY WATER DISTRICT
2554 SWEETWATER SPRINGS BOULEVARD
SPRING VALLEY, CA 91978-2004
APN: 502-150-18 Documentary Transfer Tax: None
(Exempt under Rev & Tax Code Section 11922)
GRANT OF EASEMENT OF RIGHT-OF-WAY TO
OTAY WATER DISTRICT
For good and valuable consideration, receipt of which is hereby acknowledged, the Undersigned
FW CA Rancho San Diego Village, LLC, Delaware Limit Liability Company as Grantor(s) hereby
GRANT(S) to OTAY WATER DISTRICT, a municipal water district formed under the Municipal Water
District Law of 1911, as amended, situated in the County of San Diego, State of California, as Grantee, a
permanent easement of right-of-way of variable feet in width for the purpose of laying underground water
and sewer pipelines and laterals, trunk lines, collection lines and laterals, sewer manholes and other
underground structures appurtenant to said water or sewer lines, including but not limited to pumps,
regulators, and valves within said easement, hereinafter referred to as "said facilities," together with the right
to construct, operate, maintain, repair and replace said facilities to the extent it does not unreasonably
interfere with Grantor’s use of said land, and the right of ingress and egress for such purposes. Said easement
is described and/or depicted as follows:
(See Exhibit(s) “A” and “B” attached hereto and made a part hereof)
Grantor reserves the right to use said land at Grantor's own risk for any and all purposes not
unreasonably conflicting, interfering or inconsistent with Grantee's use of, and access to, said facilities.
Grantor waives any right under Civil Code section 845, and any right to compel Grantee to grade,
surface or otherwise improve or maintain said easement area as a roadway.
To the extent it will cause damage to or unreasonably threaten the safety of any of said facilities of Grantee
placed within the easement, Grantor shall not increase or decrease or permit to be increased or decreased
the ground elevations of said easement existing at the time this document is executed, nor construct or
permit to be constructed any permanent building, structures, improvements or other encroachment upon
said easement.
OWD EASEMENT NO.
Grantee may remove from the easement any building, structure, improvement or other encroachments
thereon unreasonably conflicting, interfering or inconsistent with its use for the purposes hereby
granted. Grantee shall have the right to install its own gates and locks in any fence, barrier or other
enclosure which now crosses or may hereafter cross said easement.
Grantee agrees on its own behalf and on behalf of its successors in interest that it will indemnify and hold
harmless Grantor for any damages to the property which result from maintenance and repair operations by
the Otay Water District of its pipeline within the easement.
Grantor may use said land as a driveway and to the extent of such use may surface or pave the area, subject
to the restrictions as to changes in existing ground elevations and indemnifications set forth above.
Grantor may, at Grantor's expense, and subject to Grantee's prior written consent, relocate the above
mentioned facilities in the event such conflict with future development of said property, provided that
Grantor does not cause discontinuance of service to any area, and provided, further, that Grantee receives,
without expenses to Grantee, an easement comparable to this easement for said relocated facilities. Grantee
shall never be required to relocate or alter in any way the facilities installed pursuant to this grant of
easement, or to bear any cost in connection therewith as a result of changes in the location of any said
facilities.
Grantee shall have the right to transfer and assign all or a portion of this easement to its successor in interest,
or to any other political subdivision or public utility for use of the above stated purpose.
Date:
Grantor(s):
Print Name/Corporation/Entity
[Each signature of Grantor must be acknowledged in the form attached hereto]
DISTRICT CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant of Easement of Right of Way to Otay Water
District dated _, from to OTAY WATER
DISTRICT, a municipal water district, is hereby accepted by order of the Board of Directors pursuant to the authority
conferred by Resolution No. 1829, adopted on February 23, 1981, and the grantee consents to recordation thereof by
its duly authorized officer.
Dated: By:
Susan Cruz, District Secretary
Otay Water District
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
GRANTOR’S SIGNATURE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
State of California )
) ss
County of )
On before me,
DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared
NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) , or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public (Notary Seal)
J-17224
J-17224
EXHIBIT'A''
SEWER EASEMENT
Being a portion of Parcel 7 of Parcel Map No. 91 13 in the County of San Diego, State of
California, filed in the Office of the County Recorder of San Diego County August 30,
1979 said portion being more particularly described as follows:
Beginning at the southwest corner of said Parcel 7; thence along the South line of said
Parcel 7 North 85"49'50' East 6.44 feet to the TRUE POINT OF BEGINNING: thence
leaving said Southerly line North 04"09'41" West 23.67 feet to the Westerly line of said
Parcel 7; thence along said Westerly line North 1 1"03'16" East 1 .51 feet; thence leaving
said westerly line North 85'50'19" East 257.57 feet to the southwesterly line of that
Sewer Easement Granted to Otay Water District Recorded April 29, 1976 as Document
No. 128932: thence along said southwesterly line South 54"13'04" East 48.06 feet;
thence leaving said southwesterly line South 86"39'50" West 133.03 feet to a point on
the southerly line of said Parcel 7, said point being the beginning of a non-tangent
1530.00 foot radius curve concave Southerly to which a radial line bears North
00o06'44'West; thence along said southerly line Westerly along the arc of said curve
through a central angle of 04'03'26" a distance of 108.34 feet; thence continuing along
said southerly line South 85'49'50" West 53.55 feet to the TRUE POINT OF
BEGINNING.
Containing 0.175 acres, more or less
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A. McMi , L.S. 6242
JblK:lfilesl 17 224llegall 17224 -lgl_sewer ease for pcl 7
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J-11224
June 1,2016
.dedicated to Community SeMice
2554 SWEETWATER SPRINGS BOULEVARD,SPRING VALLEY,CALIFORNIA91978-2004
TELEPHONE:670-2222,AREACODE 619 WWW.Otaywater.gov
Project No.:S2024-001102
FW CA Rancho San Diego Village,LLC,A Delaware Limited Liability Company
c/o John Mehigan '
915Wilshire Blvd.,#2200
Los Angeles,CA 90017
SUBJECT:Permanent Utility Easement - APN #502-150-18;
Otay Water District -Campo Road Sewer Replacement Project;
Statutory Offer Pursuant to Government Code Section 7267.2(a)
Dear Property Owner:
The Otay Water District (District)is in the process of relocating District Sewer facilities
along Campo Road (SR 94) ("Campo Road Sewer Replacement Project").In connection
with the Campo Road Sewer Replacement Project, the District hereby offers to acquire a
Permanent Utility Easement across a portion of your real property located at 3681
Avocado Blvd.and identified by Assessor Parcel Number 502-150-18 (the "Real
Property").Itis our understanding that you are currently the onlyowner of record ofthe
Real Property.If you are not the owner ofthe Real Property, or ifanyone else owns any
portion of, or interest in,the Real Property,please contact us immediately.
The District wishes to acquire the Permanent Utility Easement amicably,expeditiously,
and by negotiation, pending the approval by the Board of Directors ("Board")of the
District.To accomplish this, the District is required to (i)establish an amount that the
District believes to be "just compensation,"(ii)make an offer to the owner(s) of record to
acquire the Permanent Utility Easement for the full amount so established, and (iii)
provide the owner(s)with a written statement of,and summaryofthe basis for,the amount
established as "justcompensation." The District's offercannot be less than the District's
appraisal ofthe value ofthe propertyinterest to be acquired,(see California Government
Code Section 7267.2(a)).
The District retained the appraisal services of Colliers International, an independent real
estate appraiser, to estimate the "Fair Market Value" of the proposed Permanent Utility
Easement acquisition, as that value is defined inSection 1263.320 ofthe California Code
of Civil Procedure.The appraiser's Fair MarketValue Estimate is shown on the enclosed
"Summary ofthe Basis for the Amount Establishedas Just Compensation"and "Summary
FW CA Rancho San Diego Village,LLC
Permanent Utility Easement - APN #502-150-18
June 1,2016
Page 2 of 3.
of Salient Facts and Conclusions."Based upon this independent appraisal,the District
has determined that the amount of $72,400.00 constitutes Just Compensation for the
proposed purchase of a Permanent Utility Easement which is described and depicted in
the enclosed legal description and plat.
Ifyou are agreeable with the above offer, an escrow will be opened by or at the direction
of the District.Escrow will facilitate the conveyance of the Permanent Utility Easement
to the District free and clear of any and all liens,encumbrances,and options or claims for
leasehold interests for a total consideration of $72,400.00.The acquisition of the
Permanent Utility Easement and access rights is subject to District reviewing the escrow
Preliminary Title Report, if any,and accepting the conveyance document.The District
will pay all eligible incidental expenses associated with the escrow closing,including any
recording fees.
Please note that the proceeds related to the purchase of the Permanent Utility Easement
may be subject to payment demands for county taxes,assessment liens,federal and
state tax liens,creditor judgements,and beneficiaries of trust deeds.Please note further
that ifa condemnation action is approved and filed,the District may continue to discuss
a negotiated purchase based upon the offer set forth herein.
This offer will be deemed revoked,if it has not been accepted before the earlier of (i)the
date on which the Board of Directors of the District holds a public hearing on a possible
condemnation action,ifany, or (ii)within 45 days of the date of this letter.
If the above offer meets with your approval,please sign this letter on Page 3 under the
heading "OfferAccepted" and return it to my attention. A duplicate copy of this letter is
enclosed for your records.Please review all the enclosed documents prior to making a
decision.If you accept our offer,please be ready to execute and deliver the Permanent
Utility Easement enclosed with this offer.
If you have any questions regarding the project or the terms of the Permanent Utility
Easement acquisition proposal,please contact the District's Project Manager,Stephen
Beppler, P.E.,Senior Civil Engineer, at (619)670-2209 or by e-mail at
steve.beppler@otaywater.gov.
Sincerely,
otayaNax
lark Watfon
General Manager
MW:jf
FW CA Rancho San Diego Village,LLC
Permanent Utility Easement - APN #502-150-18
June 1,2016
Page 3 of 3.
Enclosures:
Summary of the Basis for the Amount Established as Just Compensation
Appraisal Summary Statement
Proposed Permanent Utility Easement with Exhibit A & B- Legal and Plat
The Public Acquisition Process
Copy of this Offer Letter
OFFER ACCEPTED:FW CA Rancho San Diego Village,LLC
Dated:
By:
Signature Print
P:\WORKING\CIP S2024CampoRoadSewerReplacement\Easements\Proposed Easements\Offers\FW CA easementoffer20160518.docx
Summary of the Basis for the
Amount Established as Just Compensation
(Pursuant to Section 1255.010 of the California Code of Civil Procedure)
(Accompanying the offer made pursuant to Government Code Section 7267.2)
The following is a summary of the basis for the amount established as Just Compensation for the
Permanent Utility Easement the District desires to acquire on a portion of the Real Property
described in the Offer to which this Summary is attached. The appraisal was made in accordance
with accepted appraisal principles, consistent with California valuation law. An identification of
the parcel, the project for which the Permanent Utility Easement is required, the required property
rights, and the valuation analysis which was the basis for the valuation conclusion is as follows:
PROJECT: Otay Water District Campo Road Sewer Replacement
Project
ASSESSOR PARCEL NUMBER: 502-150-18
SUBJECT PROPERTY LOCATION: 3681 Avocado Blvd, La Mesa, CA 91941
OWNER OF RECORD: FW CA Rancho San Diego Village, LLC, a Delaware
limited liability company
PO BOX 790830, SAN ANTONIO, TX 78279
Telephone: 213-553-2273 (John Mehigan)
INTEREST BEING VALUED: Permanent Utility Easement
AREA AFFECTED: Approximately 7,611 square feet, or 0.175 acres
DATE OF VALUE: February 12, 2016
SUMMARY OF VALUE CONCLUSIONS AND DESCRIPTION OF THE LARGER PARCEL:
Refer to enclosed copy of Appraisal Summary Statement
PROPOSED PROJECT:
The purpose of the Otay Water District Campo Road Sewer Replacement Project is for the District
to replace its facilities that are no longer meeting the District’s needs. The District anticipates
using the Permanent Utility Easement as a means to access the trench for the pipe to be
realigned. After the realignment of the pipe is accomplished, the District will return the easement
to its condition prior to the access.
Summary of the Basis for the Amount APN 502-150-18
Established as Just Compensation
Page 2 of 3.
DESCRIPTION OF THE PERMANENT UTILITY EASEMENT USE:
The Permanent Utility Easement has an area of approximately 7,611 square feet. The District
will construct a 15” sewer within the Easement. Upon completion, the District will return the
Easement to its condition prior to the access, and, thereafter, will access the sewer through
manholes.
REMAINDER OF PARCEL:
The Permanent Utility Easement is not anticipated to have significant impact on the Real Property.
VALUATION OF THE LARGER PARCEL
Definition of Fair Market Value
Fair Market Value is defined under California law as the highest price on the date of valuation that
would be agreed by a seller willing to sell but under no particular or urgent necessity to sell and a
buyer being ready, willing and able to buy but under no particular necessity for so doing, each
dealing with the other with full knowledge of all the uses and purposes for which the property is
reasonably adaptable and available.
Definition of Highest and Best Use
Highest and best use is defined as the reasonably probable use of land that is legally permissible,
physically possible, financially feasible, and maximally productive resulting in the highest value.
The Highest and Best Use Analysis is used in the appraisal process to identify comparable
properties and, where applicable, to determine whether the existing improvements should be
retained, renovated, or demolished. The results of the Highest and Best Use Analysis are
discussed below.
HIGHEST AND BEST USE
The Highest and Best Use for the Real Property was determined to be industrial building, as
zoned.
METHODOLOGY
The Sales Comparison Approach was used to estimate the fair market value of the Real Property
and the Permanent Utility Easement.
Summary of the Basis for the Amount APN 502-150-18
Established as Just Compensation
Page 3 of 3.
SALES COMPARISON APPROACH
The following is a summary of the principal sales considered applicable to the valuation of the
larger parcel:
SUMMARY OF IMPROVED TRANSACTIONS
No. Location Sale Date Size in AC Price Price/SF
1 5900 Severin Dr., La Mesa Pending
2/4/2016
0.46 $400,000 $19.96
2 1338 E. Main St., El Cajon 8/28/2014 1.31 $1,020,000 $17.87
3 714 Grand Ave., Spring Valley 4/3/2015 0.27 $230,000 $19.56
4 230 El Cajon, El Cajon 7/21/2015 0.80 $500,000 $14.35
5 1164 Coushatta, Spring Valley 10/12/2015 1.42 $885,000 $14.31
Broker opinion of value varies from $15 to $20 per square foot depending on size and location of
the parcel. The property at Avocado Blvd, consisting of 3.42 acres, has an estimated value of
$19 per square foot.
VALUATION OF PERMANENT UTILITY EASEMENT
The compensation for the Permanent Utility Easement which encumbers 7,611 square feet was
based on the fee simple interest of the property, and is a percentage of the fee simple value based
on the fact that it is shared property with some rights retained by the current property owner. The
fee simple value of the land was established at $19 per square foot. The Permanent Utility
Easement takes 50% of the rights to the land. Therefore, the value of the part taken is $72,305
($19.00 per square foot x 50% shared rights x 7,611 square feet).
VALUE OF THE REMAINDER
The District will return the Real Property which is subject to the Permanent Utility Easement to its
prior condition following the proposed relocation of the District’s facilities. No significant adverse
impact is anticipated from the Project. The Permanent Utility Easement will not change the zoning
or other land use regulations applicable to the Real Property. Based on the investigation, there
are no damages occasioned by the Project to the remainder of the Real Property.
BENEFIT
The proposed sewer line continues to be underground and will be available through manholes for
use on the Real Property. There is no market evidence suggesting that the Permanent Utility
Easement will be a benefit to the Real Property. Therefore, there are no demonstrable benefits
to the Real Property directly resulting from the Project.
OTAY ...Oedicated to Cormmuniig Senrice
2554 SWEETWATER SPRINGS BOULEVARD, SPRING VALLEY CALIFORNIA 91 978-2004
TELEPHONE:670-2222, ABEACODE 619 vvwwotaywater.gov
October 31,2016 Project No.: 52024-001102
FW CA Rancho San Diego Village, LLC, A Delaware Limited Liability Company
c/o K. Erik Friess
Allen Matkins Leck Gamble Mallory & Natsis LLP
1900 Main Street, 5th Floor
lrvine, C492614-7321
SUBJECT:Permanent Utility Easement - APN # 502-150-18;
Otay Water District - Campo Road Sewer Replacement Project;
Statutory Offer Pursuant to Government Code Section 7267.2(a)
Dear Property Owner:
The Otay Water District (District) hereby presents a revised statutory offer to acquire a
Permanent Utility Easement across a portion of your real property located at 3681
Avocado Blvd. and identified by Assessor Parcel Number 502-150-18 (the "Real
Property") upon which the District initially offered in a letter dated June 1, 2016. The
easement is related to the District's relocation of sanitary sewer facilities along Campo
Road (SR 94) ("Campo Road Sewer Replacement Project").
Based upon negotiations between the District's legal counsel and your legal
representative, Mr. K. Erik Friess, and considering the appraised value and your
disagreements with it, an amount of $125,000.00 has been deemed as Just
Compensation for the proposed purchase of the Permanent Utility Easement, which is
described and depicted in the enclosed legal description and plat. The description has
been revised from the original version provided in the June 1,2016 offer to reflect agreed
upon changes.
Upon acceptance of this offer, an escrow will be opened by or at the direction of the
District. Escrow will facilitate the conveyance of the Permanent Utility Easement to the
District free and clear of any and all liens, encumbrances, and options or claims for
leasehold interests for a total consideration of $125,000.00. The acquisition of the
Permanent Utility Easement and access rights is subject to District reviewing the escrow
Preliminary Title Report, if any, and accepting the conveyance document. The District
will pay all eligible incidental expenses associated with the escrow closing, including any
recording fees.
FW CA Rancho San Diego Village, LLC, A Delaware Limited Liability Company
c/o K. Erik Friess
Permanent Utility Easement - APN # 502-150-18
October 31,2016
Page 2 of 2.
Please note that the proceeds related to the purchase of the Permanent Utility Easement
may be subject to payment demands for county taxes, assessment liens, federal and
state tax liens, creditor judgements, and beneficiaries of trust deeds.
This offer will be deemed revoked, if it has not been accepted before the earlier of (i) the
date on which the Board of Directors of the District holds a public hearing on a possible
condemnation action, if any, or (ii) within 30 days of the date of this letter.
Please sign this letter below under the heading "Offer Accepted" and return it to my
attention at your earliest convenience. A duplicate copy of this letter is enclosed for your
records. Please also be prepared to execute and deliver the Permanent Utility Easement
enclosed with this offer.
Sincerely,
OTAY E ISTRICT
ark Watton
General Manager
MW:mlc
Enclosures: Proposed Permanent Utility Easement with Exhib¡t A & B - Legal and Plat
Copy of this Offer Letter
OFFER ACGEPTED: FW CA Rancho San Diego Village, LLC
Dated
Signature Print
P:\WORKING\ClP 52024 Campo Road Sewer Replacement\Easements\Proposed Easements\Ofiers\Revised Easement Offer -
Regency - RSD Village 20161031.Docx
By:
ATTACHMENT E – Budget Detail
Project Budget Detail
S2024‐Campo Road Sewer Main Replacement
Level Title1 Committed Expenditures Outstanding
Commitment
Projected
Final Cost
Vendor
Planning Consultant
Contracts
$20,020.00 $20,020.00 $0.00 $20,020.00 AEGIS ENGINEERING
MGMT INC
Regulatory Agency
Fees
$132.00 $132.00 $0.00 $132.00 US BANK
$2,260.00 $2,260.00 $0.00 $2,260.00 COUNTY OF SAN
DIEGO
Service Contracts $161.70 $161.70 $0.00 $161.70 SAN DIEGO DAILY
TRANSCRIPT
$42.50 $42.50 $0.00 $42.50 EAST COUNTY
GAZETTE
Standard Salaries $138,106.13 $138,106.13 $0.00 $138,106.13
Total $160,722.33 $160,722.33 $0.00 $160,722.33
Design Consultant
Contracts
$9,315.00 $9,315.00 $0.00 $9,315.00 WATER SYSTEMS
CONSULTING INC
$763,244.35 $687,231.45 $76,012.90 $763,244.35 RICK ENGINEERING
COMPANY
$3,500.00 $3,500.00 $0.00 $3,500.00 MICHAEL D KEAGY
REAL ESTATE
$3,507.75 $3,507.75 $0.00 $3,507.75 NINYO & MOORE
GEOTECHNICAL
Professional Legal
Fees
$182.32 $182.32 $0.00 $182.32 STUTZ ARTIANO
SHINOFF
$1,910.00 $1,910.00 $0.00 $1,910.00 ARTIANO SHINOFF
Regulatory Agency
Fees
$956.00 $956.00 $0.00 $956.00 COUNTY OF SAN
DIEGO
Service Contracts $158.20 $158.20 $0.00 $158.20 SAN DIEGO DAILY
TRANSCRIPT
Easement
Acquisition
$125,000.00 $0.00 $125,000.00 $125,000.00 REGENCY CENTERS
Standard Salaries $241,409.46 $241,409.46 $0.00 $241,409.46
Total $1,149,183.08 $948,170.18 $201,012.90 $1,149,183.08
Construction Consultant
Contracts
$42,460.65 $0.00 $42,460.65 $42,460.65 RICK ENGINEERING
COMPANY
$12,258.00 $12,258.00 $0.00 $12,258.00 NINYO & MOORE
GEOTECHNICAL
$17,400.00 $17,400.00 $0.00 $17,400.00 ALYSON CONSULTING
Standard Salaries $836.63 $836.63 $0.00 $836.63
Total $72,955.28 $30,494.63 $42,460.65 $72,955.28
Budget $8,500,000.00
Total $1,382,860.69 $1,139,387.14 $243,473.55 $1,382,860.69
SUBJECT/PROJECT:
S2024-001102
Authorization to Acquire an Easement at Rancho San Diego
Village Shopping Center from Regency Centers for the Campo
Road Sewer Replacement
SKYLINEWESLEYANCHURCH
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OTAY WATER DISTRICTCAMPO ROAD SEWER MAIN REPLACEMENTLOCATION MAP
EXHIBIT A
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Legend
Proposed 15-Inch Sewer Main Alignment
Existing 10-inch Gravity Sewer to be Replaced
Existing Sewer Mains
STAFF REPORT
TYPE MEETING: Regular Board MEETING DATE: December 7, 2016
SUBMITTED BY:
Jose Martinez, Asst. Chief
of Water Operations
PROJECT: DIV. NO. All
APPROVED BY:
Pedro Porras, Chief Water Operations
German Alvarez, Assistant General Manager
Mark Watton, General Manager
SUBJECT: Approval to Purchase two (2) Replacement Portable Emergency
Gensets
GENERAL MANAGER’S RECOMMENDATION:
That the Board authorize the General Manager to issue a purchase
order to Volvo Construction Equipment in the amount not to exceed
$269,764 for the purchase of two (2) replacement portable emergency
gensets.
COMMITTEE ACTION:
See Attachment A.
PURPOSE:
To obtain Board authorization to purchase two (2) replacement
portable emergency gensets.
ANALYSIS:
Included in the approved FY 2017 budget, as Item 2 under Capital
Purchases, are two (2) replacement portable emergency gensets. The
two gensets are a replacement for existing gensets, Unit No. 736
and Unit No. 2143.
The existing gensets were manufactured in 1977 (Unit No. 736) and
1986 (Unit No. 2143) and will be 40 and 31 years old, respectively,
at the time of replacement. These gensets are currently classified
as TIER 0 generator emission levels which indicate they were
permitted prior to the State mandated emission limits on portable
gensets. In order to comply with State regulatory mandates the
gensets must be removed from service and replaced with gensets
that are certified to the current emissions levels of the State of
California. The new portable gensets will be mounted on trailers
with enclosures similar to the existing gensets. The two new
gensets will be in compliance with the State TIER 4 emission
standards.
The specified replacement portable emergency gensets are designed
to operate as a backup power source for the District’s various
critical facilities, including but not limited to: pump stations,
hydro pneumatic stations, lift stations and the emergency
operations center (EOC).
The replacement gensets support the District’s Strategic
Performance Objectives 1.1.2.3 and 4.1.1.9 and Measure 5.3.519
associated with emergency preparedness. As a reminder, Performance
Measure 5.3.519 (Emergency Facility Power Testing) is a readiness
indicator of the District’s facilities to perform as intended in
the event of an emergency.
Currently, Operations staff conducts annual testing of the
District’s emergency gensets, which include but are not limited to
the following:
Simulation of an actual loss of utility power
Observation of proper start up, operation and shutdown of the
generator and associated Automatic Transfer Switch (ATS)
Ability to monitor and operate the facility locally and
remotely via the District’s SCADA system
Use of a “Load Bank” which places actual power demands on the
gensets to evaluate their performance (temperature, pressure,
power output, etc.) when operating near rated capacities
Additionally, exercising engines near their capacities is
also part of the recommended maintenance for the gensets
This testing is part of the ongoing efforts performed by staff to
help ensure the District’s ability to supply water in the event of
an emergency.
Based on system operation evaluations of workflow by the water
systems supervision and management, it is recommended that two (2)
new portable emergency gensets be purchased and the two older
gensets be declared surplus.
In accordance with District policy, bids were solicited for the
portable gensets. Three (3) bids were received. Prices received
include all applicable fees, taxes, delivery, testing and
training.
Dealer Bid Price
Volvo Construction Equipment $269,764
Cummins Pacific $277,796
Hawthorne Power Systems $300,092
FISCAL IMPACT: Joe Beachem, Chief Financial Officer
Projected purchase budget for the two (2) portable gensets is
$300,000 based on preliminary research. The purchase of the gensets
will cost $269,764, which will be charged against the APCD
Retrofits and Replacements CIP P2366. The total cost in this
account will not exceed budgeted funding.
Based on staff’s evaluation, the CIP P2366 budget is sufficient to
complete this purchase. Total budget for FY17 is $820,000, of which
$520,000 has been previouisly allocated and staff is now requesting
to use the remaining $300,000.
The Finance Department has determined that 100% of the funds are
available in the replacement fund.
Expenditure Summary:
CIP 2366 FY17 APCD Retrofits and
Replacements Budget: $820,000
Equipment Purchased: Two (2) portable pumps $326,160.00
Proposed Replacement: Two (2) portable
gensets
$269,764.00
Total, Projected Expenditures of Equipment
Replacements FY17, CIP P2366 Budget: $224,076
STRATEGIC GOAL:
Operate the system to meet demand twenty-four hours a day, seven
days a week.
LEGAL IMPACT:
None.
General Manager
Attachment A, Committee Action
ATTACHMENT A
SUBJECT/PROJECT:
Approval to Purchase two (2) Replacement Portable Emergency
Gensets
COMMITTEE ACTION:
The Finance, Administration and Communications Committee reviewed this
item at a meeting held on November 15, 2016, and the following
comments were made:
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.
STAFF REPORT
TYPE MEETING: Regular Board MEETING DATE: December 7, 2016
PROJECT: Various DIV. NO. ALL
SUBMITTED BY: Kent Payne
Purchasing and Facilities Manager
APPROVED BY:
Adolfo Segura, Chief, Administrative & IT Services
German Alvarez, Assistant General Manager
Mark Watton, General Manager
SUBJECT: AUTHORIZE A TWO-YEAR FIXED AGREEMENT, PLUS THREE (3) ONE-YEAR
OPTIONS, WITH T&T JANITORIAL, INC., FOR JANITORIAL SERVICES AT
A NOT-TO-EXCEED TOTAL AMOUNT OF $286,800
GENERAL MANAGER’S RECOMMENDATION:
That the Board authorize a two-year fixed agreement, plus three (3)
one-year options, with T&T Janitorial, Inc. of San Diego, CA (T&T), for
janitorial services at the Administration, Operations, Warehouse and
Treatment Plant buildings, plus five remote facility restrooms at a
not-to-exceed total amount of $286,800. Monthly and annual fees, which
represent an 11% reduction from the current contract, are as follows:
Calendar Year Monthly Fee Annual Fee
Current Contract $5,370.00 $64,440
T&T Janitorial, Inc.
2017 $4,780.00 $57,360
2018 $4,780.00 $57,360
2019 - Option 1 $4,780.00 $57,360
2020 - Option 2 $4,780.00 $57,360
2021 - Option 3 $4,780.00 $57,360
Contract Total $286,800
COMMITTEE ACTION:
See “Attachment A”.
2
PURPOSE:
To obtain authorization for the General Manager to enter into a two-
year fixed agreement, plus three (3) one-year options, with T&T for
janitorial services at a not-to-exceed total amount of $286,800.
ANALYSIS:
The District utilizes a multi-year contract for janitorial services at
its main facilities and five remote sites. A scope of work matrix is
provided (“Attachment B”).
Staff issued a Request-for-Quotation through its online solicitation
portal, BidSync. Forty-three (43) firms and organizations viewed the
solicitation; fourteen (14) downloaded the bid packet; and, eleven (11)
firms attended a mandatory pre-proposal meeting and site walk held at
the main campus and Treatment Plant.
The District received nine (9) quotes; one of which was non-responsive
and four exceeded the maximum acceptable fee and were not evaluated.
The remaining four (4) were evaluated by a review panel and scored on
firm qualifications, personnel experience, completeness of the
submittal, proposed method to perform the work, proposed hours per year,
and proposed monthly fee for each year of the contract (“Attachment
C”).
Firm Five-Year Fee Total Score
Prizm Janitorial Service , Inc. $236,166 311
T&T Janitorial, Inc. $286,600 344
Merchants Building Maintenance $351,568 226
Priority Building Services, LLC* $389,892 231
*Incumbent contract holder for Admin, Operations and Warehouse buildings.
T&T’s proposal received the highest score and was determined to be the
best value for the required scope of work. Staff checked their
references which includes the County of San Diego, the City of Coronado,
and Southwest Fisheries Science Center – NOAA. All rated T&T as
excellent in both job performance and customer service. An internet
search revealed no negative ratings or complaints. T&T is a locally
owned certified disadvantaged business enterprise incorporated in 2003,
with approximately 50 full and part-time employees.
FISCAL IMPACT: Joe Beachem, Chief Financial Officer
The annual janitorial services operating budget is $63,000, which is
sufficient to cover the yearly cost of the contract.
3
STRATEGIC GOAL:
Supports the Districts Strategy: Ensure financial health through
formalized policies, prudent investing, and efficient operations.
LEGAL IMPACT:
None.
ATTACHMENTS:
Attachment A – Committee Action Report
Attachment B – Scope of Work Matrix
Attachment C – Scoresheet
ATTACHMENT A
SUBJECT/PROJECT:
AUTHORIZE A TWO-YEAR FIXED AGREEMENT, PLUS THREE (3) ONE-
YEAR OPTIONS, WITH T&T JANITORIAL, INC., FOR JANITORIAL
SERVICES AT A NOT-TO-EXCEED TOTAL AMOUNT OF $286,800
COMMITTEE ACTION:
The Finance, Administration, and Communications Committee reviewed this
item at a meeting held on November 15, 2016. The Committee supports
presentation to the full Board for their consideration.
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.
5
ATTACHMENT B
SUBJECT/PROJECT:
AUTHORIZE A TWO-YEAR FIXED AGREEMENT, PLUS THREE (3) ONE-
YEAR OPTIONS, WITH T&T JANITORIAL, INC., FOR JANITORIAL
SERVICES AT A NOT-TO-EXCEED TOTAL AMOUNT OF $286,800
SCOPE OF WORK MATRIX*
Administration
Operations
Central
Warehouse Treatment
Plant
# Task Description D W M Q D W M Q D W M Q
Common Areas, Meeting Rooms, Offices & Cubicles
1 Empty all waste containers; clean containers as necessary;
replace liners as necessary; and place trash in dumpsters.
(Liners to be supplied by owner.) X X X
2 Remove smudges from doors, doorframes & elevator doors. X X X
3 Spot-clean partition glass and door glass. X X X
4 Clean, disinfect and polish drinking fountains. X
5 Disinfect door handles. X X X
6 Return furniture to neat and orderly position. X X X
7 Dust & wipe clean meeting room conference tables. X
8 Sweep non-carpeted traffic patterns including hallways,
aisles & copy stations. X X X
9 Sweep debris from exterior of main entrance doors. X
10 Vacuum all carpet traffic patterns including primary hallways,
aisles & copy stations. X
11 Mop and disinfect all non-carpeted floors, including main
stairwell in Administration Building. For Warehouse location,
delivery area only. X X X
12 Empty all paper recycling containers and place paper in
central recycling bins. X X X
13 Dust, and wipe clean with a treated cloth all desktops (do
not disturb tenant papers), meeting room furniture, file
cabinets, bookcases, shelves, counters, and fixtures. X X X
14 Spot-clean all wall switches and door facings. X X X
15 Dust baseboards, ledges, and window sills. X X X
16 Remove cobwebs from ceiling corners. X X X
17 Vacuum all carpeted floors including offices, workstations,
meeting rooms, training room and board room. X
18 Dust picture frames. X X X
D – Daily; W – Weekly; M – Monthly; Q – Quarterly
6
Administration
Operations
Central
Warehouse Treatment
Plant
# Task Description D W M Q D W M Q D W M Q
19 Brush down or vacuum wall-ceiling vents. X X X
20 Detail vacuum all carpeted areas. X X X
21 Remove spillage spots from carpets. X X X
22 Dust high-reach areas including partition tops,
door tops, and air conditioning vents. X X X
23 Clean and polish executive office furniture. X X X
24 Brush or vacuum upholstered furniture. X X X
25 Wipe down plastic and leather furniture. X X X
26 Vacuum chairs. X X X
27 Spot-clean painted partitions and painted walls. X X X
Kitchen, Kitchenettes & Break Room/Lunch Room
1 Empty all waste containers, clean containers as necessary,
replace liners, and place trash in dumpsters. (Liners to be
supplied by owner.) X X X
3 Clean and disinfect kitchen, kitchenettes, and
lunchroom & break rooms including sinks,
countertops, and tabletops.
X X X
4 Clean inside of microwaves. X X X
5 Clean & wipe down exterior surfaces of coffee machines. X X X
6 Sweep floors. X X
7 Mop and disinfect floors. X X
8 Clean & disinfect exterior surfaces of kitchen appliances
including microwaves, coffee machines, toaster ovens,
stove/oven, refrigerators, and vending machines. X X X
9 Clean lunchroom furniture. X
10 Spot-clean all wall switches and door facings. X X
11 Dust baseboards, ledges, and window sills where
applicable. X X
12 Remove cobwebs from ceiling corners where applicable. X X X
Restrooms
1 Empty all waste containers, clean containers as necessary,
replace liners, and place trash in dumpsters. (Liners to be
supplied by owner.) X X X
2 Empty sanitary napkin containers and replace insert. X X X
3 Polish all metal and clean mirrors. X X X
4 Clean and disinfect all dispensers. X X X
5 Clean and disinfect washbasins, toilet bowls and urinals. X X X
6 Disinfect underside and tops of toilet seats. X X X
7 Refill soap, towel, tissue containers, and seat cover
dispensers. X X X
8 Mop & disinfect floors. X X X
9 Brush down vents. X X X
10 Wash down ceramic tile walls and toilet compartment
partitions. X X X
11 Pour clean water down floor drains to prevent sewer gases. X X X
12 Replace urinal screens. X X X
D – Daily; W – Weekly; M – Monthly; Q – Quarterly
7
Regulatory
Site
Central
Area Pump
Station
30MG
Reservoir
944-1
Reservoir-
1296 Pump
Station
Buena Vista
Pump
Station
450/680
Recycled Pump
Station
# Task Description 2W W 2W W 2W W 2W W 2W W 2W W
Restrooms
1
Empty all waste
containers, clean
containers as necessary,
replace liners, and place
trash in dumpsters. (Liners
to be supplied by owner.)
X X X X X X
2 Empty sanitary napkin
containers and replace
insert. X X X X X X
3 Polish all metal and clean
mirrors. X X X X X X
4 Clean and disinfect all
dispensers. X X X X X X
5 Clean and disinfect
washbasins, toilet bowls
and urinals.
X X X X X X
6 Disinfect underside and
tops of toilet seats. X X X X X X
7 Refill soap, towel, tissue
containers, and seat cover
dispensers. X X X X X X
8 Mop & disinfect floors. X X X X X X
9 Brush down vents. X X X X X X
10 Wash down ceramic tile
walls and toilet
compartment partitions. X X X X X X
11 Pour clean water down
floor drains to prevent
sewer gases. X X X X X X
2W - Twice-Weekly; W - Weekly
*Duties may be modified from time-to-time as circumstances require.
8
ATTACHMENT C
SUBJECT/PROJECT:
AUTHORIZE A TWO-YEAR FIXED AGREEMENT, PLUS THREE (3) ONE-
YEAR OPTIONS, WITH T&T JANITORIAL, INC., FOR JANITORIAL
SERVICES AT A NOT-TO-EXCEED TOTAL AMOUNT OF $286,800
SCORESHEET
Qualification
Experience
of the Firm
Qualification
Experience of
Assigned
Personnel
Completeness,
Addressed
Requested
Information
Proposed
Method to
Accomplish
Work
Hours
Proposed
Proposed
Monthly
Fee
Total
Score References
SCORE 20 10 10 15 20 25 100
Prizm
Janitorial
Services, Inc.
A Carey 20 10 10 15
6 25
86
S Chen 14 8 7 8 68
K Payne 18 9 10 14 81
F Conchas 17 8 9 12 77
311
T&T
Janitorial,
Inc.
A Carey 20 10 10 15
17 20
92
S Chen 16 8 7 11 79
K Payne 19 10 10 14 90 Excellent
F Conchas 16 8 9 14 84
344
Merchants
Building
Maintenance
A Carey 18 7 6 2
6 10
49
S Chen 16 7 7 8 54
K Payne 18 9 7 10 60
F Conchas 18 9 9 13 65
227
* Priority
Building
Services, LLC.
A Carey 20 6 5 6
15 1
53
S Chen 18 8 9 12 63
K Payne 14 7 7 9 53
F Conchas 18 8 8 12 62
231
*Incumbent
STAFF REPORT
TYPE MEETING: Regular Board
MEETING DATE: December 7, 2016
SUBMITTED BY:
Tenille Otero
Communications Officer
PROJECT: Various DIV. NO. ALL
APPROVED BY:
Mark Watton, General Manager
SUBJECT: Amendment to Extend the Joint Powers Agency Water Conservation
Garden Operation Agreement
GENERAL MANAGER’S RECOMMENDATION:
That the Board of Directors approve the first amendment to the Joint
Powers Agency (JPA) Water Conservation Garden Operation Agreement
(Operation Agreement) [Attachment B], extending the expiration date
an additional six months from December 31, 2016 to June 30, 2017.
COMMITTEE ACTION:
See Attachment A.
PURPOSE:
To request that the board consider extending the Operation Agreement
to allow sufficient time for the Water Conservation Garden Joint
Powers Agency (JPA) to thoroughly review and evaluate the Operation
Agreement and develop a new agreement that is strategically
beneficial for JPA members who provide funding to operate the Garden.
ANALYSIS:
Members of the JPA funded the construction of the Garden and continue
to fund a majority of its operational costs. The original Operation
Agreement, dated October 13, 2010, expires on December 31, 2016. The
JPA expected to have a revised Operation Agreement completed prior to
2
the expiration date. However, the JPA members determined that since a
revised agreement would need to be approved by each of the individual
member agencies’ boards, the deadline of December 31 could not be
met. The JPA members also agreed that they need adequate time to
carefully consider the revisions.
In addition, the Funding Agreement is due to expire in June 2017,
whereas the Operation Agreement is on a calendar year. Members of the
JPA and Friends of the Garden (Friends) Board have concurred that the
two agreements’ schedules should be aligned since the funding of the
Garden is so closely tied to the Operational Plan.
Two District board members, Mark Robak as the District representative
and Mitch Thompson as the alternate, support the District on the JPA
committee. At the committee’s November 9, 2016 meeting, all members
voted to extend the Operation Agreement an additional six months,
from December 31, 2016 to June 30, 2017. Extending the agreement will
provide the committee sufficient time to thoroughly review and revise
the Operation Agreement. This will allow members of the JPA to
evaluate their participation in funding and/or operating the Garden
so it continues to provide valuable water conservation programs and
utilize the facilities constructed at the Garden as intended by its
founders.
FISCAL IMPACT: Joe Beachem, Chief Financial Officer
None.
STRATEGIC GOAL:
Supports the objective in the District’s Strategic Plan to evaluate
and enhance the District's water conservation programs and services.
LEGAL IMPACT:
None.
Attachments: Attachment A – Committee Action
Attachment B – First Amendment to Water Conservation Garden Operation
Agreement
ATTACHMENT A
SUBJECT/PROJECT:
Amendment to Extend the Joint Powers Agency Water
Conservation Garden Operation Agreement
COMMITTEE ACTION:
This attachment will be updated with notes from the discussion of the
Finance, Administration and Communications Committee meeting scheduled
on Tuesday, Nov. 15, 2016.
WATER CONSERVATION AUTHORITY
FIRST AMENDMENT TO
WATER CONSERVATION GARDEN OPERATION AGREEMENT
The WATER CONSERVATION GARDEN
The Water Conservation Garden Operation Agreement dated October 13, 2010 between the Water Conservation Authority and Friends of the Water Conservation Garden (collectively Parties) is
amended as follows.
1.Paragraph 1, DEFINITIONS, section 1.58 SCHEDULED EXPIRATION DATE is amendedto mean June 30, 2017. The Agreement is amended for continued operation and maintenanceservices, and to align the Friends of the Water Conservation Garden's Operations budget withthe budgets of the agencies which make up the Joint Powers Agency.
2.Paragraph 4, TERM, is amended to reflect the extension of the Agreement.
3.Pursuant to Paragraph 14, INSURANCE, Friends of the Water Conservation Garden shall
provide updated insurance documents to the Water Conservation Authority as required.
4.All other terms, covenants, and conditions in the original Agreement as amended shall remainin full force and effect, and shall be applicable to this Amendment.
The individuals executing this amendment to 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 this First Amendment to the Agreement on
the date set forth below.
AUTHORITY WATER CONSERVATION AUTHORITY, a Joint Powers Authority
By: -----------Bo a rd President
DATED: ----------
ATTEST:
By: ------------Board Secretary
OPERATOR FRIENDS OF THE WATER CONSERVATION GARDEN, a California nonprofit benefit corporation
By: -----------
Name: -----------
Title: ------------
By: -----------
Name: -----------
Title: ------------
Attachment B