HomeMy WebLinkAbout10-18-06 E&O Committee PacketOTAY WATER DISTRICT
ENGINEERING AND OPERATIONS COMMITTEE MEETING
and
SPECIAL MEETING OF THE BOARD OF DIRECTORS
2554 SWEETWATER SPRINGS BOULEVARD
SPRING VALLEY, CALIFORNIA
Board Room
Wednesday
October 18, 2006
3:30P.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 JURISDICTION BUT NOT AN ITEM ON TODAY'S AGENDA
INFORMATION I ACTION ITEMS
3. APPROVE A RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY WA-
TER DISTRICT FIXING TERMS AND CONDITIONS FOR THE ANNEXATION
TO OTAY WATER DISTRICT IMPROVEMENT DISTRICT OF THOSE LANDS
DESCRIBED AS "CHAVEZ ANNEXATION" (APN 595-020-17) AND ANNEXING
SAID PROPERTY TO OTAY WATER DISTRICT IMPROVEMENT DISTRICT
NO. 22/27 (WO 00210-20.282/DIVISION 4) (CHARLES) [5 minutes]
4. APPROVE UTILITY AGREEMENTS NO. 31756 AND 31817 WITH CAL TRANS
FOR THE SR 905 UTILITY RELOCATIONS (RIPPERGER) [5 minutes]
5. AWARD A CONSTRUCTION CONTRACT FOR THE LOWER OTAY PUMP
STATION ACCESS ROAD TO KOCH-ARMSTRONG GENERAL ENGINEER-
ING, INC. IN THE AMOUNT OF $76,800 (RIPPERGER) [5 minutes]
6. APPROVE AN AGREEMENT BETWEEN THE SAN DIEGO COUNTY WATER
AUTHORITY (CWA) AND THE OTAY WATER DISTRICT FOR THE DESIGN,
CONSTRUCTION, OPERATION, AND MAINTENANCE FOR THE OTAY 14
FLOW CONTROL FACILITY MODIFICATIONS CONTINGENT UPON CWA
1
BOARD OF DIRECTORS APPROVAL OF SUBSTANTIALLY THE SAME
(PEASLEY) [5 minutes]
7. ADJOURNMENT
BOARD MEMBERS ATTENDING:
Gary Croucher
Jose Lopez
All items appearing on this agenda, whether or not expressly listed for action , may be
deliberated and may be subject to action by the Board.
If you have any disability that would require accommodation in order to enable you to
participate 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 October 13, 2006, I posted a copy of the foregoing agenda near
the regular meeting place of the Board of Directors of Otay Water District, said time be-
ing 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 October 13, 2006.
2
AGENDA ITEM 3
STAFF REPORT
TYPE MEETING: Regular Board MEETING DATE:
SUBMITTED BY: David Charles 1 Public W.O./G.F. NO:
APPROVED BY:
(Chief)
Services Manager
Rod Posada, Chief of Engineeri~~~
November 1, 2006
0210-
20.280
DIV.
NO.
APPROVED BY:
(Asst. GM} :
~-Manny Magana, Asst . GM Engineering & Operations r
SUBJECT: Chavez Water Annexation to ID 22/27
GENERAL MANAGER'S RECOMMENDATION:
Approve Resolution No. 4090, the annexation of the property of
Miriam and Samuel Chavez to Improvement District No. 22/27 .
COMMITTEE ACTION:
Please see Attachment "A."
PURPOSE:
4
The purpose of the proposed annexation is to provide water service to a
parcel owned by Mr. and Mrs. Samuel Chavez (APN 595-020-17).
ANALYSIS ~
A written request and Petition signed by Mr . and Mrs Chavez has
been received for annexation of APN 595-020-17 into Improvement
District No. 22/27 for water service. The total acreage to be
annexed is 0 .91 acres. The property is within the sphere of
Otay Water District and will be part of Improvement District No.
22/27 after the Board of Directors approves this request. The
property is located at Proctor Valley Road, in the city of Chula
:::: a::P::::ty o:dke Diego.
The property owners will be charged $10 per year for
availability fees. A water annexation fee of $1,309 will be
collected at the time water service will be provided.
STRATEGIC GOAL:
Provide water service to meet increasing customer needs.
LEGAL IMPACT:
ATTACHMENT A
Chavez Water Annexation to ID 22/27 (APN 595-020-17)
COMMITTEE ACTION:
On October 18, 2006, the Engineering and Operations Committee
met to consider this item and supported staff's recommendation.
RESOLUTION NO. 4090
A RESOLUTION OF THE BOARD OF DIRECTORS OF
OTAY WATER DISTRICT FIXING TERMS AND
CONDITIONS FOR THE ANNEXATION TO OTAY WATER
DISTRICT IMPROVEMENT DISTRICT OF THOSE LANDS
DESCRIBED AS "CHAVEZ ANNEXATION" (APN 595-
020-17) AND ANNEXING SAID PROPERTY TO OTAY
WATER DISTRICT IMPROVEMENT DISTRICT NO.
22/27 (WO 00210-20.282/DIVISION 4)
WHEREAS/ the District has received a request from a
property owner that has an interest in the land described in
Exhibit "A 1 " attached hereto/ for annexation of said land to
Otay Water District Improvement District No. 22/27 pursuant to
California Water Code Section 72670 et seq.; and
WHEREAS 1 pursuant to Section 72680.1 of said Water Code/
the Board of Directors may proceed and act thereon without
notice and hearing.
NOW 1 THEREFORE 1 BE IT RESOLVED as follows:
1. A description of the area proposed to be annexed is
set forth on a map filed with the Secretary of the District/
which map shall govern for all details as to the area proposed
to be annexed.
2. The purpose of the proposed annexation is to provide
water service to the territory to be annexed.
3. The Board of Directors hereby finds and determines
that the area proposed to be annexed to Otay Water District
Improvement District No. 22/27 will be benefited thereby and
that Otay Water District Improvement District No. 22/27 will
also be benefited and not injured by such annexation because the
1
property to be annexed will benefit from the facilities in
Improvement District No. 22/27 and the property already within
the Improvement District will now have a larger base to finance
the water improvements.
4. The Board of Directors hereby declares that the
annexation of said property is subject to owner first meeting
the following terms and conditions:
(a) That the owner for said annexation shall pay to
Otay Water District the following:
(1) Standard processing fee in the amount of
$628.00i
(2) State Board of Equalization filing fees in
the amount of $300i and
(3) All other applicable local or state agency
fees.
(b) The property to be annexed shall be subject to
taxation after annexation thereof for the
purposes of the improvement district, including
the payment of principal and interest on bonds
and other obligations of the improvement
district, authorized and outstanding at the time
of annexation, the same as if the annexed
property had always been a part of the
improvement district.
5. The Board of Directors of the Otay Water District does
hereby declare the property described in Exhibit 11A11 to be
2
annexed to Improvement District No. 22/27 of the Otay Water Dis-
trict.
6. The Board of Directors further finds and determines
that there are no exchanges of property tax revenues to be made
pursuant to California Revenue and Taxation Code Section 95 et
seq., as a result of such annexation.
PASSED, APPROVED AND ADOPTED by the Board of Directors of
the Otay Water District at a special meeting held this 18T day of
November, 2006.
AYES:
NOES:
ABSTAIN:
ABSENT:
President
ATTEST:
District Secretary
3
EXHIBIT "A"
LEGAL DESCRIPTION
Annexation Parcel
Otay Water District I. D. 22/27
LOT 3 OF HALEY'S ADDITION, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1286. FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22,
1910.
CONTAINING 0.91 ACRES MORE OR LESS
~....u: ~ AP c::?..:ac.:
RICK L. RICCI, R.C.E. 32103
6-/7 -tJh
DATE
PROJECT ®
SITE i
"-'PR~OCili!iTOR:RiJVAI.jil[~Y R.O. -RD.
LING RIOG[ RD.
VICINITY MAP
I NOT TO SCALE)
SCALE 1 "=50'
CIVIL ENGINEERING, SURVEYING, U\ND PU\NING
3103 FALCON ST., SUITE G
SAN DIEGO, CA. 92103
TELEPHONE (619) 296-3183 FAX (619) 296-8180
Ex h i bit II K II
LEGEND
INDICATES ANNEXATION
AREA (I.D. 22/27)
A.P.N. No. 595-020-17
OTAY WATER DISTRICT
LOT 3 OF HALEY'S ADDITION, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF
No. 1286, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 1910.
COORDINATES
1----+---+---------------jRECORDERS F/P ______ _
MAP No.
1----+---+---------------4 RECORDING DATE _______ SCALE:
1
"=
5
0'
1----+---+---------------4 OTAY W.O. DEED No.---~--1--D-AT_E_: -
51
-
17
-
10
-
6
--------1
I------+---+-------------1IMP. DISTRICT No. _______ DRAWN BY: T.T.NGUYEN
REV. DATE DESCRIPTION WONo.
AGENDA ITEM 4
STAFF REPORT
TYPE MEETING: Regular Board ~
Ro ~perger/Marta Riendea~
MEETING
DATE: November 1, 2006
SUBMITTED BY:
APPROVED BY:
(Chief)
APPROVED BY:
(Asst GM) :
Rod Posada ~~0~
Chief, Engineering
Manny Magan~~
C.I.P I
G.F. NO: P2440/
W030131
Assistant General ~anager, Engineering and Operations
DIV.
NO . 2
SUBJECT: Approve Utility Agreements No 31756 and 31817 with Caltrans for
SR 905 Utility Relocations
GENERAL MANAGER'S RECOMMENDATION:
That the Board authorize the General Manager to execute Utility
Agreements No. 31756 and 31817 with Caltrans for SR 905 Utility
Relocations (See attached Exhibit A for project location, and Exhibit
B for Utility Agreements)
COMMITTEE ACTION:
Please see Attachment A.
PURPOSE:
To obtain Board authorization to execute Utility Agreements No. 31756
and 31817 with Caltrans for relocation of District facilities within
SR 905 right-of-way.
ANALYSIS:
Caltrans is currently in the process of completing land acquisition
and design for SR 905 located within Otay Mesa. Part of this process
is to relocate existing utilities where conflicts exist. The
District's existing pipelines within public streets or easements will
need to be relocated to accommodate the new freeway.
Responding to a request from Caltrans, staff submitted claim letters
for all five (5) crossings where the District has utility conflicts
Subsequently, the District received notices to relocate. The District
has prior and superior rights at each crossing. Utility Agreements
for four (4) of these crossings, at Gailes Boulevard/Dublin Drive, \\
Pacific Rim Court, Cactus Road, and Airway/Harvest Road have been
approved by the Board. The two (2) agreements for relocations at
Britannia Boulevard are included in Exhibit B and ready for Board
Approval. Caltrans will be performing the relocations at Britannia
Boulevard.
Utility Agreement # 31756:
The scope of work for Utility Agreement No. 31756 includes removing
approximately 820 linear feet of 12-inch ACP located in Britannia
Boulevard within the SR 905 right-of-way. This relocation is
necessary due to the lower finished grade elevations for the proposed
freeway.
This work also includes installation of approximately 900 linear feet
of 12-inch CML&C pipe, and 2,350 20-inch CML&C pipe within the 871
Pressure Zone. This installation will not adversely affect any
District customers. Staff will coordinate the necessary short-term
shutdowns to minimize the impact on system operations.
The calculated depreciation cost for the existing 12-inch ACP and
appurtenances is $7,653. The total design and inspection costs to be
incurred by the District for this relocation are estimated at
$108,956. The estimated construction cost for installing the new 12-
inch and 20-inch steel pipe is $1,094,730 and will be performed by
Caltrans. However, the relocation includes betterment to the
District's facilities by extending outside of the right-of-way and
also an increase in size from the existing 12-inch pipeline. The
District is responsible for the cost of the betterment estimated to
be $809,820. The District has prior rights, therefore Caltrans is
responsible for the design, inspection, and construction costs minus
depreciation and betterment. The total District's liability for this
agreement is $708,517.
Utility Agreement# 31817:
The scope of work for Utility Agreement No. 31817 includes additional
redesign of water plans. This redesign was per Caltrans request. A
new storm drain was added which conflicted with the proposed water
line after the 100% plans were completed.
The total design cost to be incurred by the District for this
relocation is estimated at $8,600. The District has prior rights,
therefore Caltrans is responsible for cost of the design and,
therefore, the total District's liability for this agreement is -
$8,600.
2
t
! I I ~ i
Overall:
The total District's liability is $699,917.
Caltrans Responsibility Otay Responsibility
Design $86,100.00
Design $8,600.00
Depreciation $7,653.00
Construction $809,820.00 *
Inspection $22,856.00
Total $117,556.00 $817,473.00
$699,917.00
* Betterment Cost
Consistent with the conditions of all other utility agreements
between the District and Caltrans, actual costs may not exceed 125
percent of the estimated cost in the agreement without a revised
amendment being executed.
FISCAL IMPACT:
The approved total budget for CIP P2440 is $2,700,000, as approved in
the 2007 budget process. The actual costs paid on this project as of
September 19, 2006 are $448,400.37. Total expenditures plus
outstanding commitment and forecast to date, including this contract,
are approximately $1,682,075. Based on the cost analysis performed,
staff does not anticipate that a budget increase is necessary.
Attachment B is a table of commitments, expenditures, and projected
final cost for the project.
Finance has determined that 100% of the funding for this project is
currently available from the Replacement Fund.
During FY 2008 budget cycle, the project's budget will need to be re-
evaluated. An increase or decrease will be necessary due to the
status of all reimbursement agreements with Caltrans.
3
STRATEGIC GOAL:
This project supports the District's Mission statement, "To provide
the best quality of water and wastewater servic es to the customers of
Otay Water District, in a professional, effective, efficient, and
sensitive manner ... ". This project fulfills the District's Strategic
Goals No. 1 -Community and Governance, and No. 5 -Potable Water, by
maintaining proactive and productive relationships with the project
stakeholders and by guaranteeing that the District will provide for
current and future water needs.
LEGAL IMPACT:
Legal counsel reviewed both Utility Agreements for consistency and
content.
General Manager
HJ/RR/RP/jf
Attachments
P:\WORKING\CIP W440-P2440\St aff Reports\P2440_St aff Report_UA 31756 BD 00-00-00 .doc
4
ATTACHMENT A
Approve Utility Agreements No. 31756 and 31817 with
Caltrans for SR 905 Utility Relocations
COMMITTEE ACTION:
On October 18, 2006, the Engineering and Operations Committee met and
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.
SUBJECT PROJECT:
Budget
$ 2,260,000.00
Planning
Labor
Land Acquisition
Land Acquisition
Legal
Total Planning
n
Consultant
Consultant
In House/Labor
Advertise & Award
Legal
Total Construction
Grand Total
ATTACHMENT 8
Approve Utility Agreements No. 31756 and 31817 with
Caltrans for SR 905 Utility Relocations
Committed IoDate &Forecast Projected Final Cost Comments
56,363.31 56,363.31 In house, Sedona Staffing
$ 15,000.00 12,000.00
$
$
$ 226,900.00 HDR Inc
$ 67,315.00 Hirsch & Company
149,068.01
B, SO Daily, Union Tribune
$ 1,723,861.32 $ 4,203.67 $ 1,490,216.28 $ 1,494,419.95
$ 2,043,651.32 $ 448,400.37 $ 1,233,674.25 $ 1,682,074.62
SUBJECT/r«v'-'""'-J.:
EXHIBIT A
Approve Utility Agreements No. 31756 and 31817 with
Caltrans for SR 905 Utility Relocations
PROJECT
SITE
Tijuana Estuary
VICINITY MAP
OCEAN VIEW HILLS PKWY
OTAYMESARD
PACIFIC RIM CT (APPROVED)
UTILITY AGREEMENT NO. 31758
CACTUS RD (APPROVED)
UTILITY AGREEMENT NO. 31759
BRITANNIA BLVD
UTILITY AGREEMENT NO. 31756
UTILITY AGREEMENT NO. 31817
GAlLES BL VDIDUBLIN DR (APPROVED)
UTILITY AGREEMENT NO. 31757
AIRWAY RDIHARVEST RD (APPROVED)
UTILITY AGREEMENT NO. 31755
BROWNFIELD
OTAY WATER DISTRICT
SR-905 UTILITY RELOCATIONS
EXHIBIT A
SUBJECT/PROJECT:
EXHIBIT B
Approve Utility Agreements No. 31756 and 31817 with
Caltrans for SR 905 Utility Relocations
..............................................
~ALIFORNIA • DEPARTMENT OF TRANSPORTATION Page 1 of 4
.GREEMENT .
I. 10/95)
Dist Co Rte KP (P.M.) EA
11 SD 905 R9.3/R18.62 091821
(R5.8/R11.6)
Federal Aid No.: A905 (015)
Owners File: CU12242
FEDERAL PARTICIPATION: On the Project X Yes gNo
On the Utilities 1:8] Yes D No
UTILITY AGREEMENT N0. __ --=.,;31::;...:.7.;:;..56.;;;..___...DATE --------
The State of California acting by and through the Department of Transportation, hereinafter called "STATE" proposes to
construct a new freeway (Phase 1) in San Diego County in San Diego from 1.1 km east of the Route 905/805 separation to 0.6 km
west of the Mexico Border and OTA Y WATER DISTRICT, hereinafter called "OWNER", owns and maintains water facilities within
the limits of STATE's project.
It is hereby mutually agreed that:
I. WORK TO BE DONE
In accordance with Notice to Owner 31756 dated 1112/06 STATE shall relocate OWNER's water facilities as shown on
OWNER's Plan No. CU12242 dated 12/16/05, which plans are included in STATE's Contract Plans for the
improvement of State Route 905, E.A. 091824 which, by this reference, are made a part hereof. Deviations from the
OWNER's plan described above initiated by either the STATE or the OWNER, shall be agreed upon by both parties
hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the STATE and agreed
to/acknowledged by the OWNER, will constitute an approved revision of the OWNER's plans described above and are
hereby made a part hereof. No work under said deviation shall commence prior to written execution by the OWNER
of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in
addition to the revised Notice to Owner. OWNER shall have the right to inspect the work by STATE's contractor
during construction. Upon completion of the work by STATE, OWNER agrees to accept ownership and maintenance
of the constructed facilities and relinquishes to STATE ownership of the replaced facilities.
II. LIABILITY FOR WORK:
The existing facilities are lawfully maintained in their present location and qualify for relocation at STATE expense
under the provisions of Section 703 of the Streets and Highways Code.
III. PERFORMANCE OF WORK:
Owner shall have access to all phases of the relocation work to be performed by STATE, as described in Section I
above, for the purpose of inspection to ensure that the work is in accordance with the specifications contained in the
Highway Construction Contract; however, all questions regarding the work being performed will be directed to
STATE's Resident Engineer for their evaluation and final disposition.
UTILITY AGREEMENT (Cont.)
RW 13-5 (Rev. 10/95)
IV. PAYMENT FOR WORK:
Page 2 of 4
I UTILITY AGREEMENT NO. 31756
The STATE shall pay its share of the actual cost of the herein-described work within 90 days after receipt offive (5)
copies of OWNER's itemized bill in quintuplicate, signed by a responsible official of OWNER's organization and
prepared on OWNER's letterhead, compiled on the basis of the actual and necessary cost and expense. The
OWNER shall maintain records of the actual costs incurred and charged or allocated to the project in accordance
with recognized accounting principles. The OWNER's billing cost to STATE is $92,703.00.
The State shall perform the work under Section I above at no expense to OWNER except as hereinafter provided. It
is understood that the relocation as herein contemplated includes betterment to OWNER's facilities by reason of
increased capacity in the estimated amount of $809,820.00, said amount to be deposited upon demand in the San
Diego Office of the Department of Transportation, prior to the time that the subject freeway contract bid is opened
by the STATE. The fmal betterment payment shall be calculated based upon the actual quantities installed as
determined by the STATE's engineer, and the current cost data as determined from the records of the OWNER. In
addition, the OWNER shall credit the STATE at the time of the final billing for all the accrued depreciation and the
salvage value of any material or parts salvaged and retained by OWNER.
Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit progress bills for
costs incurred not to exceed OWNER's recorded costs as of the billing date less estimated credits applicable to
completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the
terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after
receipt and approval by STATE of documentation supporting the cost increase and after an Amendment to this
Agreement has been executed by the parties to this Agreement.
The OWNER shall submit a final bill to the STATE within 360 days after the completion ofthe work described in
Section I. above. If the STATE has not received a final bill within 360 days after notifiction of completion of
OWNER's work described in Section I. of this Agreement, and STATE has delivered to OWNER fully executed
Director's Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER's facilities, STATE
will provide written notification to OWNER of its intent to close its file within 30 days and OWNER hereby
acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If the
STATE processes a final bill for payment more than 360 days after notification of completion of OWNER's work,
payment of the late bill may be subject to allocation and/or approval by the California Transportation Commission.
The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits
provided for in this Agreement, and less any amounts covered by progress billings. However, the STATE shall not
pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the
increase of said cost from the OWNER and approval of documentation by STATE. Except, if the final bill exceeds
the OWNER's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy
of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the
estimated cost of this Agreement may be subject to allocation and/or approval by the California Transportation
Commission.
In any event if the final bill exceeds 125% of the estimated cost of this agreement, an Amended Agreement shall be
executed by the parties to this Agreement prior to the payment of the OWNER's final bill. Any and all increases in
costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the
prior concurrence of STATE.
Detailed records from which the billing is compiled shall be retained by the' OWNER for a period of three years
from the date of the final payment and will be available for audit by State and/or Federal auditors. Owner agrees to
comply with Contract Cost Principles and Procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR,
Chapter 1, Part 645 and/or 18 CFR, Chapter 1. Parts 101, 210, et al. If a subsequent State and/or Federal audit
determines payments to be unallowable, OWNER agrees to reimburse STATE upon receipt of STATE billing.
UTILITY AGREEMENT (Cont.)
RW 13-5 (Rev. 10/95)
V. GENERAL CONDITIONS:
Page 3 of 4
I UTILITY AGREEMENT NO. 31756
All costs accrued by OWNER as a result of STATE's request of June 15, 2004 to review, study and/or prepare
relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms
and conditions of this Agreement.
If STATE's project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of
work by OWNER, STATE will notify OWNER in writing and STATE reserves the right to terminate this
Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for
terminating the Agreement.
All obligations of STATE under the terms of this Agreement are subject to the passage of the annual Budget Act by
the State Legislature and the allocation of those funds by the California Transportation Commission.
OWNER shall submit a Notice of Completion to the STATE within 30 days of the completion of the work described
herein.
It is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter 1, Part 645 is hereby
incorporated into this Agreement.
* * * *
<' il
UTILITY AGREEMENT (Cont.)
RW 13-5 (Rev. 1 0/95)
Page 4 of 4
I UTILITY AGREEMENT NO. 31756
THE ESTIMATED COST TO STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK. IS $377 613.00
CERTIFICATION O.F FUNDS
I hereby certify upon my own personal knowledge that budgeted funds are
available for the period and purpose of the expenditure shown here.
Ar~ ;..-J{)..oZ£14{
FUND TYPE EA AMOUNT
Design Funds $
Construction Funds 091824 $284,910.00
RWFunds 091829 $ 92,703.00
/ /HQ Accountin~ Officer Date
1/ ITEM CHAP STAT FY AMOUNT
MatJ~cJN~tJ!t?~. s? _.zacJJ ~~ 14o? ?tJg.t!JC> c»4~ -~
IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written.
on C · f, Right ofWay
W. JOHNSON, Chief
ton Branch
OWNER: OTAYWATERDISTRICT
By~~~--------------------~--------Name/Title Date
DO NOT WRITE BELOW-FOR ACCOUNTING PURPOSES ONLY
EA FUNDING VERIFIED:
Sign:>
Print>
Date
Distribution: 3 originals to RIW Program Accounting & Analysis
3 originals returned to R/W Planning & Management
Sign>
Print>
Debbie Rodriguez
Utility Coordinator Date
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
UTILITY AGREEMENT
RW 13-5 (Rev. 10/95)
Dist
11
Federal Aid No.:
Owners File:
Co
SD
NIA
FEDERAL PARTICIPATION:
Rte KP (P.M.)
905 R9.3/R18.62
(R5.8/Rll.6)
On the Project X Yes g No
On the Utilities DYes [gj No
Page 1 of 4
EA
091821
UTILITY AGREEMENT N0. __ ~31=8;...;;;;.17..:....-_DATE _______ _
The State of California acting by and through the Department of Transportation, hereinafter called "STATE" proposes to
construct a new freeway (Phase 1) in San Diego County in San Diego from 1.1 km east of the Route 905/805 separation to 0.6 km
west of the Mexico Border and OTAY WATER DISTRICT, hereinafter called "OWNER", owns and maintains water facilities within
the limits of STATE's project.
It is hereby mutually agreed that:
I. WORK TO BE DONE
In accordance with direction by State in April 2006, OWNER began revised utility design activities required to
accommodate State's proposed highway improvement project pursuant to the terms and conditions of this Agreement.
II. LIABILITY FOR WORK:
Owner completed the redesign for the relocation of the 12-inch water line that was in conflict with the construction of
Route 905 Britannia Boulevard drainage facilities. The previous design is wasted/useless work and State has 100%
liability for the expense of this design.
III. PERFORMANCE OF WORK:
Owner agreed to perform the herein-described work with its own forces or to cause the herein-described work to be
performed by the OWNER's contractor, employed by written contract on a continuing basis to perform work of this
type, and to provide and furnish all necessary labor, materials, tools and equipment required therefore, and to
prosecute said work diligently to completion.
Pursuant to Public Works Case No. 2001-059 determination by the California Department oflndustrial Relations
dated October 25,2002, work performed by OWNER's contractor is a public work under the definition of Labor
Code section 1720(a) and is therefore subject to prevailing wage requirements. OWNER shall verify compliance
with this requirement in the administration of its contracts reference above.
UTILITY AGREEMENT (Cont.)
RW 13-5 (Rev. 10/95)
IV. PAYMENT FOR WORK:
Page 2 of 4
I UTILITY AGREEMENTNO. 31817
The STATE shall pay its share of the actual cost of the herein-described work within 90 days after receipt of
OWNER's itemized bill in quintuplicate, signed by a responsible official of OWNER's organization and prepared
on OWNER's letterhead, compiled on the basis of the actual and necessary cost and expense. The OWNER shall
maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized
accounting principles. The OWNER's billing cost to STATE is $8,600.00.
The OWNER shall submit a final bill to the STATE within 360 days after the completion of the work described in
Section I. above. If the STATE has not received a fmal bill within 360 days after notifiction of completion of
OWNER's work described in Section I. of this Agreement, and STATE has delivered to OWNER fully executed
Director's Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER's facilities, STATE
will provide written notification to OWNER of its intent to close its file within 30 days and OWNER hereby
acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. lfthe
STATE processes a final bill for payment more than 360 days after notification of completion of OWNER's work,
payment of the late bill may be subject to allocation and/or approval by the California Transportation Commission.
The fmal billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits
provided for in this Agreement, and less any amounts covered by progress billings. However, the STATE shall not
pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the
increase of said cost from the OWNER and approval of documentation by STATE. Except, if the final bill exceeds
the OWNER's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy
of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the
estimated cost of this Agreement may be subject to allocation and/or approval by the California Transpmiation
Commission.
In any event if the final bill exceeds 125% of the estimated cost of this agreement, an Amended Agreement shall be
executed by the parties to this Agreement prior to the payment of the OWNER's final bill. Any and all increases in
costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the
prior concurrence of STATE.
Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three years
from the date of the final payment and will be available for audit by State and/or Federal auditors. Owner agrees to
comply with Contract Cost Principles and Procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR
Chapter 1, Part 645 and/or 18 CFR, Chapter 1, Parts 101,201, et al. If a subsequent State and/or Federal audit
determines payments to be unallowable, OWNER agrees to reimburse STATE upon receipt of STATE billing ..
V. GENERAL CONDITIONS:
All costs accrued by OWNER as a result of STATE's request of June 15, 2004 to review, study and/or prepare
relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms
and conditions of this Agreement.
UTILITY AGREEMENT (Cont.)
RW 13-5 (Rev. 10/95)
V. GENERAL CONDITIONS: (Continued)
Page 3 of4
I UTILITY AGREEMENT NO. 31817
If STATE's project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of
work by OWNER, STATE will notify OWNER in writing and STATE reserves the right to terminate this
Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for
terminating the Agreement.
All obligations of STATE under the terms of this Agreement are subject to the passage of the annual Budget Act by
the State Legislature and the allocation of those funds by the California Transportation Commission.
OWNER shall submit a Notice of Completion to the STATE within 30 days of the completion of the work described
herein.
* * * *
UTILITY AGREEMENT (Cont.)
RW 13-5 (Rev. 1 0/95)
Page 4 of4
I UTILITY AGREEMENT NO. 31817
THE ESTIMATED COST TO STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $ =8 =60=0,_,_,.0=0 ___ _
CERTIFICATION OF FUNDS FUND TYPE EA AMOUNT
I hereby certify upon my own personal knowledge that budgeted funds are
available for the period and purpose of the expenditure shown here.
Design Funds $
Construction Funds $
171.~~ d.-~~tH.
RWFunds 091829 $8,600.00
IiQ/Accounting Officer Date
ITEM CHAP STAT FY AMOUNT
1-?~ltJ .. e,ot~d!H. v <t? atd,( ~~1 ~~«J.Od ~dc('A, .. ;u
IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above writtelli
STATE: OWNER: OTAY WATER DISTRICT
By~~~~-----------------------------
Name/Title Date
By~~~~~~~~~*---~~~L__
Debbie Rodriguez
Utility Coordinator
DO NOT WRITE BELOW-FOR ACCOUNTING PURPOSES ONLY
Distribution: 3 originals to R/W Program Accounting & Analysis
3 originals returned to R/W Planning & Management
Sign>
Print>
Debbie Rodriguez
Utility Coordinator Date
TYPE MEETING :
SUBMITTED BY:
APPROVED BY:
(Chief)
STAFF REPORT
Regular Board ~
li\A ~ Ron Ripperger /David Padilla
Rod Posada ~'i)boc;,}.
Chief, Engineering
AGENDA ITEM 5
MEETING
DATE:
C.I.P./
G.F .NO:
November 1, 2006
W258
wo 8696
DIV . 2
NO.
APPROVED BY:
(Asst . GM) : Manny Magana~~
Assistant General l~ager, Engineering and Operations
SUBJECT: Award a Construction Contract for the Lower Otay Pump Station
Access Road (CIP P2258)
GENERAL MANAGER'S RECOMMENDATION:
That the Board of Directors award a construction contract to Koch-
Armstrong General Engineering, Inc., in the amount of $76,800.00, for
the Lower Otay Pump Station Access Road (see Exhibits A and B for
project location).
COMMITTEE ACTION:
Please see Attachment A.
PURPOSE:
To obtain Board approval for award of a construction contract for the
Lower Otay Pump Station Access Road.
ANALYSIS:
The Lower Otay Pump Station Access Road is needed to provide all-
weather access to the temporary pumping facility and the future
(permanent) facility known as the Lower Otay Pump Station (LOPS)
Interconnection project. The access road will consist of
approximately 500 feet of paved road having a width of 16 to 24 feet.
The road will provide safe access for refueling of the temporary
pumping facility and will reduce maintenance performed on the
existing, unpaved access road by District personnel.
District staff performed the design of the access road and developed
the bid documents. The project was advertised for bid on September
18, 2006 and bids were opened on October 10, 2006 with the following
results:
ENGINEER'S ESTIMATE
CONTRACTOR
Koch-Armstrong General Engineering, Inc.
SRM Contracting and Paving, Inc.
Frank & Son Paving, Inc.
NPG Corporation
M & M Gen. Engr., Inc.
Daley Corporation
New Century Construction, Inc.
Kirk Paving, Inc.
J.D. Paving, Inc.
$98,800
TOTAL BID
$76,800.00
$82,475.00
$83,700.00
$88,888.00
$89,800.00
$90,450.00
$94,400.00
$109,880.00
$125,167.60
Staff reviewed the bids submitted for conformance with the contract
requirements and determined that Koch-Armstrong General Engineering,
Inc. was the lowest responsive and responsible bidder. Koch-
Armstrong General Engineering, Inc. holds a valid General Engineering
Class A Contractor's License. Reference checks indicated an
excellent performance record on similar projects and that all
agencies contacted would hire Koch-Armstrong General Engineering,
Inc. for future projects. Per the public competitive bidding
process, staff recommends award of the contract to Koch-Armstrong
General Engineering, Inc. in the amount of $76,800.00.
Staff recommends approval of this contract in order to provide safe
and reliable access to the temporary pumping facility during periods
of inclement weather and to reduce maintenance performed by District
personnel on the exi~.i~aved access road.
FISCAL IMPACT:
Funds for the Lower Otay Pump Station Access Road are available
within the Lower Otay Pump Station (LOPS) Interconnection project
capital improvement program budget. The approved total budget for
LOPS (CIP P2258/W258) is $7,805,0.00. Total commitments and
expenditures as of September 27, 2006 are approximately $1,962,000.
Total expenditures, plus outstanding commitment and forecast to date,
including this contract and District inspection fees, are
approximately $2,048,800. Based on the cost analysis performed,
staff does not anticipate that a budget increase is necessary.
Attachment A is a table of commitments, expenditures, and projected
final cost for the project.
Finance h~s determined that 100% of the funding for this project is
currenly available from the Expansion Fund.
2
STRATEGIC GOAL:
This project supports the District's Strategic Goal to "Operate and
maintain water services infrastructure." The project also supports
the District's Agreement with the City of San Diego to purchase water
from the Otay Water Treatment Plant.
LEGAL IMPACT:
The existing Right of Entry Permit between the City of San Diego and
the District that was executed for construction of the temporary
pumping facility will be amended to include the proposed paving and
to allow long-term access through the City's property for District
operations. All other terms of the Permit will remain in effect.
Staff has submitted an Encroachment Permit Application for portions
of the existing temporary pumping facility and portions of the
proposed contract work that are located on City of Chula Vista
property in lieu of acquiring a temporary easement. This is
consistent with the recommendation of City of Chula Vista real
property staff. Approval of the encroachment permit by the City of
Chula Vista is pending.
DP/RR/RP:jf
Attachments
P: \WORKING\CIP W258\WO 8696\Staff Reports\Bd 11-01-06, Access Road.doc
3
ATTACHMENT A
i Lower Otay Pump Station Access Road
CIP P2258/W258 W.O. 8696
COMMITTEE ACTION:
On October 18, 2006, the Engineering and Operations Committee met and
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.
SUBJECT/PROJECT:
Otay Water District
Budget
ATTACHMENT 8
Lower Otay Pump Station Access Road
CIP P2258/W258 W.O. 8696
P2258 -Lower Otay Pump Station
Expenditures Outstanding
Committed IoDate & Forecast
$ 7,805,000.00
Planning
Studies $ 166,000.00
Labor
Environmental
Land Acquisition
Preliminary Design
Total Planning $ -$ 166,000.00 $ -
Design
Consultant $ 638,000.00
In House/Labor $ 705,000.00 $ 21,000.00
Advertise & Award $ 1,000.00 $ 10,000.00
Total Design $ -$ 1,344,000.00 $ 31,000.00
Construction
In House/Labor $ 10,000.00 $ 452,000.00 $ 240,000.00
Construction Contracts $ 76,800.00 $ 4,950,000.00
Construction Manager $ 545,000.00
Accpt/close-out $ 22,000.00
Total Construction $ 86,800.00 $ 452,000.00 $ 5,757,000.00
Grand Total $ 86,800.00 $ 1,962,000.00 $ 5,788,000.00
Date Updated: October 10, 2006
Projected Final Vendor/
Cost Comments
$ 166,000.00
$ -
$ -
$ -
$ -
$ 166,000.00
$ 638,000.00
$ 726,000.00
$ 11,000.00
$ 1,375,000.00
$ 692,000.00
$ 4,950,000.00
$ 545,000.00
$ 22,000.00
$ 6,209,000.00
$ 7,750,000.00
IMPERIAL
BEACH
PROJECT
SITE
SCALE: 1 "= 1, 500'
VICINTIY MAP
"' ~
"" 0 I 0 "' I "' <i
>-rn I X w
I
>-"' 0 a_ w "' u. u.
"" ~ !!!
OWD 30"
INTERCONNECT
PIPELINE
TY OF SAN DIEGO
0 AY WATER TREATMENT PLANT
~ · EAST MESA ~ I DETENTION ~ ~~~"""""~ CENTER ~t-----------~------------------------------------------------------~ m "' <X) ~~
9-"-~" ~ -:Yr~,u ~ "'R Dl s'\0:
~ W.O. 8696 LOCATION MAP CIP# W258 ~._ ________ ._ ____________________________________________ ~
OTAY WATER DISTRICT
LOWER OTAY PUMP STATION
EXHIBIT A
....
PROPOSED ACCESS ROUT£
54,220 SQ FT •INCI.UDES PR()POSED PAVED R0.\0
-------EXISTING EASE~JENT LINE
TEMPORARY PI?(
EXHIBIT B
CITY OF SAN DIEGO APN : 64 .. -080-0J-{lQ
PROPOSED OWO EASEMENT
PERMANENT ACCESS PLAN
AGENDA ITEM 6
STAFF REPORT
TYPE MEETING: Regular Board MEETING DATE: November 1, 2006
SUBMITTED BY:
APPROVED BY:
(Chief)
APPROVED BY:
(Asst. GM):
Jim Peasley ~"(
Rod Posada ~0~
Manny Magana~~
W.O /G.F NO: 30096 DIV.
NO .
SUBJECT: Otay 14 Flow Control Facility Modifications Agreement
Execution Authorization
GENERAL MANAGER'S RECOMMENDATION:
That the Board of Directors authorize the General Manager to
execute the Agreement Between the San Diego County Water
Authority (Water Authority) and the Otay Water District (Otay)
for Design, Construction, Operation, and Maintenance for the
Otay 14 Flow Control Facility Modifications (Otay 14 FCF
Agreement) contingent upon Water Authority Board of Directors
approval of substantially the same. The Water Authority staff
plans to present for approval the Otay 14 FCF Agreement at their
November 30, 2006 Board meeting.
COMMITTEE ACTION:
Please see Attachment A.
PURPOSE:
The Board of Directors of the Water Authority and Otay
authorized the General Managers of each agency to execute the
East County Regional Treated Water Improvement Program (ECRTWIP)
agreement between the Water Authority and Otay. Implementation
of the ECRTWIP Agreement will significantly improve the local
water treatment capacity in East County.
The ECRTWIP Agreement obligates the Water Authority and Otay to
enter into a subsequent agreement to establish terms and
conditions to modify the existing Otay 14 FCF to increase its
capacity to 16 million gallons per day (MGD) . The ECRTWIP
Agreement established that the Water Authority and Otay will pay
equal shares for the cost to modify Otay 14 FCF.
N/A
ANALYSIS:
In May 2004, the Water Authority adopted its Regional Water
Facilities Master Plan (Master Plan) identifying infrastructure
needs to the year 2030. One element of the Water Authority
Master Plan includes the expanded utilization of local water
treatment plants owned and operated by member agencies.
The Board of Directors of the Water Authority, Helix, Padre Dam,
Otay, and Lakeside each has approved binding ECRTWIP Agreements.
With implementation of these ECRTWIP agreements, each agency
commits to certain capital improvements and/or guaranteed usage
levels.
The primary terms of the Otay 14 FCF Agreement (Attachment B)
are as follows:
• Otay 14 FCF to have 16 MGD of capacity supplied from the
Helix Levy Water Treatment Plant (WTP) .
• Water Authority to design, construction, own, operate, and
maintain the Otay 14 FCF.
• Water Authority and Otay to 50% cost share the expansion
and modification of Otay 14 FCF from 8 MGD to 16 MGD.
With implementation of the ECRTWIP and Otay 14 FCF Agreements
the following primary objectives of Otay for the North District
are met:
1. Acquire local water system capacity to access the regions
raw water supply, transmission, storage, and treatment
systems for the North District.
2. Acquire an alternative supply source to sustain a minimum
of ten (10) continuous day's outage of Pipeline No. 4.
Following Otay and Water Authority Board approval of the Otay 14
FCF Agreement and the implementation of both the ECRTWIP and
Otay 14 FCF Agreements, Otay will have a significant alternative
water supply resource for 12 MGD of on-peak and 16 MGD of off-
peak treated water supply capacity from the Helix Levy WTP.
FISCAL IMPACT: ~
The total budget for CIP P2009 is $18,490,000, of which $700,000
is earmarked to fund the Otay 14 FCF obligation, as approved. by
the Board in the 2007 budget process. The CIP P2009 project
budget is to fund the 36-inch pipeline from Otay 14 FCF to the
Regulatory Site and the Otay 14 FCF modification expenses. The
2
Otay 14 FCF modification is estimated by the Water Authority to
cost $1,240,000. The Water Authority and Otay will equally
share the actual total cost Hence, the total estimated
obligation to Otay for Otay 14 FCF modifications is estimated to
be $620,000. The actual costs paid against CIP P2009 as of
September 6, 2006 are $165,451. Total expenditures and
commitments, including the Otay 14 FCF Agreement, are
approximately $2,119,259 . Based on the cost analysis performed,
staff does not anticipate that a budget increase is necessary.
Attachment C is a table of commitments, expenditures, and the
projected final cost for CIP P2009.
Finance has determined that 100% of the funding will be
available from the Expansion Fund.
STRATEGIC GOAL:
The ECRTWIP and Otay 14 FCF Agreements support the Otay WD's
Mission Statement, "To provide the best quality of water and
wastewater service to the customers of the Otay Water District,
in a professional, effective, efficient, and sensitive manner,
in all aspects of operation, so that public health, environment
and quality of life are enhanced.n and the Otay strategic goal,
in planning for infrastructure and supply to meet current and
future potable water demands ~
LEGAL IMPACT:
Attachments
JP/RP/MM:jfp
3
ATTACHMENT A
.............................................. ,
Otay 14 Flow Control Facility Modifications Agreement i
l Execution Authorization
i PROJECT: 'W.O. No. 30096 ............... ~ ..... . ..................................................................................... i
COMMITTEE ACTION:
The Engineering and Operations Committee met on October 18, 2006
and supported staff's recommendation.
NOTE:
The "Committee Action" is written in anticipation of the
Committee(s) moving the item forward for Board approval. This
report will be sent to the Board as a Committee(s) approved
item, or modified to reflect any discussion or changes as
directed from the Committee(s) prior to presentation to the full
Board.
4
ATTACHMENT 8
Agreement Between San Diego County Water Authority
and Otay Water District for Design, Construction, Operation, and Maintenance
of the Otay 14 Flow Control Facility Modifications
DRAFT
This Agreement is made and entered into as of , 2006, between the San
Diego County Water Authority, a county water Authority (Water Authority), and Otay Water District, a
water district established under the Municipal Water District Law of 1911, (Otay) (collectively, the Parties)
in view of the following facts:
RECITALS:
A. Otay is a member agency of the Water Authority and currently distributes and sells retail water
supplied by the Water Authority.
B. Water Authority currently meters and controls the delivery oftreated water from Otay 8 Flow
Control Facility (Otay 8 FCF) and Otay 14 Flow Control Facility (Otay 14 FCF) to the Otay system
via the existing La Mesa Sweetwater Extension (LMSE). Otay 14 FCF Notice of Completion was
filed October 30, 2003 and Otay 14 FCF Modifications were approved by Water Authority Board of
Directors on February 23, 2006 as part of the East County Regional Treated Water Improvements
Program Implementation Agreements.
C. Water Authority is obligated, pursuant to the Agreement Between Otay Water District and San Diego
County Water Authority for Construction, Operation, and Maintenance of Otay 14 Flow Control
Facility, dated August 13, 2002 (Otay 14 Agreement) and in accordance with the 1976 Water
Authority policy regarding treated water service, to provide 8 mgd service to Otay, at no additional
capital cost to Otay.
D. Otay 14 Agreement provides (a) that improvement costs in the LMSE and Helix Flume pipeline
(Flume) associated with providing flows above 8 mgd are the responsibility of Otay, and (b) that
arrangements for future service capacity increases may be made either by an amendment of that
agreement or by a separate agreement.
E. Water Authority wishes to transfer the existing Otay 8 FCF capacity of 4 mgd for its own
convenience to the existing location of Otay 14 FCF at 290 South Third Street, El Cajon.
F. A test ofthe LMSE flow capacity was made in April2005. The results indicate that the maximum
flow that can be transmitted to Otay via LMSE in its existing' condition is 6.2 mgd.
G. Otay wishes to increase its service capacity at the Otay 14 FCF location to a new total of at least 12
mgd of on-peak capacity and 16 mgd of off-peak capacity. Otay and the Water Authority will pay
for all costs associated with the increased flow capacity as per the terms of the Agreement Between
The San Diego County Water Authority and Otay Water District Regarding Implementation of the
East County Regional Treated Water Improvement Program, dated April27, 2006 (East County
Agreement).
C:\Outlook Temp\Agreement-Otayl4FCFMod 10-11-06-clean.doc
File No.: 0720.0 I -002.1
1
DRAFT
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1 Delivery of Water to Otay
1.1 The Water Authority hereby agrees to deliver and sell and Otay hereby agrees to purchase a
minimum of 10,000 acre-feet of treated water per calendar year via an upgraded permanent, metered,
service connection to remain known as Otay 14 FCF as per the East County Agreement.
1.2 Availability, delivery, rate of flow, and cost of treated water to be sold by the Water Authority to
Otay shall be as established by the Board of Directors of the Water Authority in accordance with the
Water Authority's Administrative Code, on the same basis as generally applicable to the Water
Authority's member agencies.
1.3 Otay' s points of delivery will remain at Otay 8 FCF and Otay 14 FCF until such time as the
modifications to Otay 14 FCF begin. During construction of Otay 14 FCF Modifications, Otay' s
point of delivery will be Otay 8 FCF. No planned outage of Otay 8 FCF or LMSE is planned during
the construction of the Otay 14 FCF Modifications. IfLMSE is shutdown in conjunction with the
construction ofOtay 14 FCF Modifications, shutdown will not exceed 24 hours. Once the Water
Authority is delivering and selling treated water to Otay through the modified Otay 14 FCF, and
upon completion of the Los Coches Pump Station, the 48-inch Flume Improvement Project and the
Otay 14 to Regulatory Reservoir Pipeline Improvement project, delivery and sale of treated water
through Otay 8 FCF will cease. The Los Coches Pump Station and the 48-inch Flume Improvement
Project are to be completed by Helix Water District no later than February 1, 2008 as per the terms of
the East County Agreement. The LMSE shall remain in operation for treated water service until
Otay's completion of the Otay 14 to Regulatory Reservoir Pipeline Improvement project is placed in
service, which is no later than March 1, 2010.
1 A The Water Authority currently provides a connection for telemetry signals of Otay 14 FCF flow rate,
upstream pressure, and downstream pressure to Otay. These signals will continue to be provided to
Otay upon completion of the Otay 14 FCF Modifications. Otay will connect at their expense.
2 Facility Design and Construction
2.1 Otay 14 FCF Modifications will be designed and constructed to Water Authority standards.
2.2 Otay 14 FCF Modifications will be designed and constructed to deliver up to 16 mgd of treated water
capacity to the Otay water system. The Water Authority will bear all costs associated with the
improved capacity from 8 mgd to 12 mgd, and this shall serve as full compensation to Otay for the
abandonment ofOtay 8 FCF. Otay shall bear all costs associated with the capacity increase from 12
mgd to 16 mgd.
2.3 Otay 14 FCF Modifications will be constructed using the existing Otay 14 FCF structure and site.
C:\Outlook Temp\Agreement-Otay14FCFMod 10-11-06-clean.doc
File No.: 0720.01 -002.1
2
DRAFT
2.4 It is anticipated that the Otay 14 FCF Modifications will be completed prior to the completion of the
Otay 14 to Regulatory Reservoir Pipeline Improvement project. Otay 14 FCF Modifications design,
construction, and operational schedule is anticipated to be as follows.
The Otay 14 FCF Modifications design shall be complete no later than June 30, 2008.
The Otay 14 FCF Modifications construction shall be complete no later than June 30, 2009.
The Otay 14 FCF Modifications shall be operational no later than March 1, 2010.
3 Facility and Access Right-of-Way
3.1 Otay 14 FCF Modifications will be on property located at 290 South Third Street, El Cajon,
northwest of the intersection of Lexington A venue and South Third Street in the City of El Cajon as
shown on Exhibit A attached hereto and by reference made a part of this Agreement. This property
is owned in fee by the Water Authority. Facility access will be from public streets.
4 Otay Will Perform the Following:
4.1 Otay will design, construct or cause to be constructed a new 36-inch pipeline from Otay 14 FCF to
its Regulatory Reservoir Site to be know as the Otay 14 to Regulatory Reservoir Pipeline
Improvement project. The Otay 14 to Regulatory Reservoir Pipeline Improvement project will be
constructed to a defined point of connection, as shown on Exhibit B attached hereto and by reference
made a part of this Agreement. The Otay 14 to Regulatory Reservoir Pipeline Improvement project
will terminate the use of LMSE turnout. Otay to install a blind flange or other type of connection, as
directed by the Water Authority, at the property line.
4.2 Otay shall assume the lead agency role for environmental and permit compliance for this
construction as per the East County Agreement. The Water Authority shall grant to Otay property
rights as per the East County Agreement. The Otay 14 to Regulatory Reservoir Pipeline
Improvement project will be completed no later than March 1, 2010.
4.3 Otay will review and provide written comments on all studies, reports, construction contract, etc.,
produced by the Water Authority related to Otay 14 FCF Modifications within 20 working days of
receipt.
4.4 During construction of Otay 14 FCf Modifications, Otay will review and provide written comments
and approval of construction change orders prior to authorization within five working days of
receipt.
4.5 Otay's review and approval of studies, reports, construction contract, change orders, etc. shall not be
unreasonable delayed or withheld.
4.6 Otay will assign a project manager to participate in the consultant selection process and will be the
Water Authority's single point of contact.
4.7 Otay will provide the Water Authority, for review and comment, two hard copies and one electronic
copy of the construction drawings and specifications for the Otay 14 to Regulatory Reservoir
C:\Outlook Temp\Agreement-Otayl4FCFMod 10-11-06-clean.doc
FileNo.: 0720.01-002.1
3
DRAFT
Pipeline Improvement project. Water Authority shall determine the type of connection. Point of
connection is as shown on Exhibit B.
4.8 Otay will be required to coordinate with the Water Authority for inspection and shutting down of
Otay 14 FCF and the LMSE in order to perform the connection between the Otay 14 to Regulatory
Pipeline Improvement project and Otay 14 FCF.
4.9 Otay will provide to the Water Authority electronic record drawings in AutoCad format of the Otay
14 to Regulatory Reservoir Pipeline Improvement project.
5 The Water Authority Will Perform the Following:
5.1 The Water Authority will develop a Request for Proposals and select a consultant to provide the
preliminary design, final design, and construction support services for the Otay 14 FCF
Modifications.
5.2 The Water Authority will assign a project manager for the Otay 14 FCF Modifications who will be
Otay' s single point of contact.
5.3 The Water Authority will conduct a public bid, prepare addendum and change orders, and construct
or cause to be constructed the Otay 14 FCF Modifications to a defined point of connection to the
Otay 14 to Regulatory Reservoir Pipeline Improvement project to be constructed by Otay in South
Third Street, all as shown on Exhibit B
5.4 During construction of the Otay 14 FCF, the Water Authority shall provide written construction
contract change orders for Otay's review, comment, and approval prior to authorization of the
changed construction work to the contractor. Otay' s approval shall not be unreasonable delayed or
withheld.
5.5 The Water Authority will provide to Otay electronic record drawings in AutoCad format of the Otay
14 FCF Modifications.
5.6 The Water Authority will provide Otay, for review and comment, two hard copies and one electronic
copy, of the design report, construction drawings, specifications, construction contract change orders,
and the construction cost estimates.
6 Ownership and Operational Control ofFacilities:
6.1 The Water Authority will own, maintain, and operate all components of Otay 14 FCF, including inlet
and outlet piping, within the Water Authority property line of the Otay 14 FCF site.
6.2 Otay will own, maintain, and operate the Otay 14 to Regulatory Reservoir Pipeline Improvement
project and connection piping outside the Water Authority property line of Otay 14 FCF site from a
defined point of connection, as shown on Exhibit B.
C:\Outlook Temp\Agreement-Otayl4FCFMod 10-11-06-clean.doc
FileNo.: 0720.01-002.1
4
DRAFT
6.3 In accordance with current Water Authority Board policy, all operation and maintenance costs shall
be borne by the Water Authority. Otay acknowledges the right of the Water Authority's Board to
revise the policy to recover future operation and maintenance costs.
7 Calculation and Payment of Costs:
7.1 Otay will pay 50 percent and the Water Authority will pay 50 percent of all actual costs incurred
including public outreach, preliminary design, final design, construction, and construction support of
Otay 14 FCF Modifications, in accordance with Exhibit C attached hereto and by reference made a
part of this Agreement.
7.2 The Water Authority will pay all costs related to Otay 8 FCF capacity transfer to Otay 14 FCF.
7.3 If Otay decides to cease Otay 14 FCF Modifications at any time during design or construction, Otay
will reimburse the Water Authority for all costs incurred for Otay 14 FCF Modifications through the
date of notification.
7.4 Deposits and final accounting will be conducted based on the following schedules. The cost items
for each phase are shown on Exhibit C.
7.5 Deposit Schedule. Exhibit C demonstrates the estimated costs and payment in association with all
costs for design and construction of Otay 14 FCF Modifications. Otay will make deposits with the
Water Authority in the amounts shown on Exhibit C, based on the following milestones.
7.5.1 Phase 1: Deposit within 30 calendar days of the full execution ofthis Agreement.
7.5.2 Phase II: Deposit within 30 calendar days of the Water Authority Board awarding the
construction contract for Otay 14 FCF Modifications.
7.6 Project Cost Accounting. Otay 14 FCF Modifications cost accounting will be performed by the
Water Authority for the following milestones:
7 .6.1 Phase 1: Water Authority Board award of the construction contract for Otay 14 FCF
Modifications.
7.6.2 Phase II: Water Authority Board's acceptance of the project and the filing and recording of
the Notice of Completion with the County of San Diego.
7 .6.3 Upon completion of a cost accounting, as indicated above, Water Authority will provide an
accounting report to Otay detailing the costs incurred during Phase I and/or Phase II, as
applicable, in form and content satisfactory to Otay.
7 .6.3 .1 If Otay' s share of actual costs is more than the deposits, Otay will, within 40 calendar
days of receipt by Otay of cost accounting from the Water Authority, make full
payment to the Water Authority of all undisputed amounts. Any payment not made
will be subject to a delinquency charge of two percent of the delinquent payment for
each month or portion thereof after said 40 calendar days that the payment remains
delinquent, provided that undisputed amounts shall not be considered due until Otay
C:\Outlook Temp\Agreement-Otayl4FCFMod 10-11-06-clean.doc
File No.: 0720.01-002.1
5
DRAFT
and Water Authority agree on the amount actually due. If the delinquency does not
exceed five business days, the charge shall be equal to a one percent of the delinquent
amount; or
7 .6.3 .2 If Otay' s share of actual costs is less than deposits, Water Authority will, within 40
calendar days of receipt by Otay of cost accounting from the Water Authority, make
full payment to Otay. Any payment not received will be subject to a delinquency
charge of two percent of the delinquent payment for each month or portion thereof
that the payment remains delinquent. If the delinquency does not exceed five
business days, the charge shall be equal to a one percent of the delinquent amount. If
Otay believes its share of actual costs should be less than the amount specified in the
accounting report, it will notify the Water Authority prior to the expiration of the 40-
day period. It is agreed that no delinquency charge will be assessed on any additional
sums claimed by Otay to be due until Otay and the Water Authority agree on the
amount actually due.
7.6.4 Detailed records from which costs are compiled will be retained by the Water Authority for a
period of three years from the date of final invoice, and will be available for verification by
Otay. IfOtay determines an audit is necessary, it will be completed at Otay's expense during
the three-year period. If any adjustments are recommended by the audit, payment shall be
made to the party, in accordance with such recommendations. Agreement shall not be
unreasonably withheld and payment shall be made within 40 calendar days of receipt of the
audit
8 Indemnification. Otay and the Water Authority, agree to mutually indemnify, defend at their own
expense, including attorneys' fees, and hold each other harmless from and against all claims, costs,
demands, losses, and liability of any nature whatsoever, including but not limited to liability for
bodily injury, sickness, disease or death, property damage (including loss of use) or violation oflaw,
caused by or arising out of any error, omission, negligent act or willful misconduct of that party, its
officers, directors, employees, agents, volunteers or any other person acting pursuant to its control in
performing under this Agreement.
9 Laws and Venue. This Agreement will be interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or enforce any term of this Agreement, the action
. shall be brought in a state or federal court in San Diego County,
10 Amendment. This Agreement may be modified only by a subsequent written amendment executed
by both Parties.
11 Successors or Assigns. This Agreement and any portion thereof shall not be assigned or transferred,
nor shall any of the duties be delegated, without the express written consent of both Parties, which
shall not be unreasonably withheld or delayed. Any attempt to assign or delegate this Agreement
without the express written consent of both Parties shall be void and of no force or effect.
C:\Outlook Temp\Agreement-Otayl4FCFMod 10-11-06-clean.doc
File No.: 0720.01-002.1
6
DRAFT
12 Notices. Any notice or instrument required to be given or delivered by this Agreement may be given
or delivered by depositing the same in any United States Post Office, postage prepaid, addressed to:
San Diego County Water Authority
4677 Overland A venue
San Diego, CA 92123
Attention: Maureen A. Stapleton, General Manager
Otay Water District
2554 Sweetwater Springs Boulevard
Spring Valley, CA 91978
Attention: Mark Watton, General Manager
13 Dispute Resolution. The parties agree to try to resolve any dispute arising under this Agreement
amicably and by negotiation. However, if the parties are unable to reach agreement within a
reasonable time from the commencement of negotiations, either party may seek any legal remedy
available to it. For purposes of this Agreement, a reasonable time consists of not less than ninety
(90) days.
14 Signatures. The individuals executing this Agreement represent and warrant that they have the legal
capacity and authority to do so on behalf of their respective legal entities.
IN WITNESS WHEREOF, the parties have executed as of the date written above.
San Diego County Water Authority
By: ----------------------------
Maureen A. Stapleton
General Manager
Approved as to form:
Daniel S. Hentschke
General Counsel
C:\Outlook Temp\Agreement-Otayl4FCFMod 10-11-06-clean.doc
File No.: 0720.01-002.1
7
Otay Water District
By:
Mark Watton
General Manager
Approved as to form:
Yuri A. Calderon
General Counsel
DRAFT
EXHIBIT A
Otay 14 FCF Modifications Location Map
N
I
I
I
I
I
I
NOT TO SCALE u c 0 0
QJ
(/)
Melod Lane
OTAY 14 FCF
PROJECT LOCATION
290 S. THIRD STREET
EL CAJON
----------• • • • • • •1\_::S~Il: •
Washin ton Avenue
Helix
48-inch
Pipeline
I
I
QJ I
~ I
(/) 1 . /Existing Authority
"2 IJlt!C LMSWE Pipeline
.r:: I
I-I
I
I
I
-,I----------I"
~PROJECT:
San Diego County Water Authority 1 OTAY 14
APITAL IMPROVEMEN FLOW CONTROL FACILITY
PROGRAM MODIFICATIONS
W:\Graphics \ N0034 \-Otay14 FCF LOG MAP.cdr
C:\Outlook Temp\Agreement-Otay 14FCFMod I 0-11-06-clean.doc
File No.: 0720.0 I -002.1
8
DRAFT
EXHIBITB
Otay 14 Flow Control Facility and the Otay 14 to Regulatory Reservoir Pipeline Improvement project
Connection Point
OTAY 14 FCF
POINT OF CONNECTION
Existing La Mesa I
Sweetwater Extension
~.I
--·-··-··-··-··--·-··-··-··--·--·-··-··-··-··-· I ! !
Property Line i
-------~! 290 S. THIRD STREET
EL CAJON
Otay 14 FCF
The property line
is the point of
! !
..c
1-
• Future 36-inch connection and 1 F r
change in ownership ! !pe1me ~ ............. ·r ......... • ... .
Water Authority's 1 Otay's ownership •
ownership : 1 :
I •
i : ··-··--·-··-··-··-··-··-··-··-··-··-··-··-··-··-· .
Lexington Avenue
C:\Outlook Temp\Agreement-Otayl4FCFMod I 0-11-06-clean.doc
File No.: 0720.0 I -002.1
• I •
Future Otay 14 to ,_ ·
Regulatory Rese rvoir
Pipeline Improvements
I
9
•
Phase 1: Design
Design
Phase II: Construction
Construction Contract
Construction Support Services
Capitalized Overhead
EXHIBIT C
ESTIMATED PROJECT COSTS
Total
Estimated Project
Cost1
$250,000
$900,000
$50,000
$40,000
$1,240,000
DRAFT
Otay' s Estimated
De osit
$125,000
$450,000
$25,000
$20,000
$620,000
1 Cost items include staff time, consultant fees, project coordination, meeting attendance, public outreach, right-of-way
acquisition, preparation, review, and revisions of various studies and reports, proposals, and agreements, construction bidding
process, construction cost, construction management, warranty monitor, and all project related administrative costs.
C:\Outlook Temp\Agreement-Otayl4FCFMod 10-11-06-clean.doc
FileNo.: 0720.01-002.1
10
ATTACHMENT C
SUBJECT/PROJECT: Otay 14 Flow Control Facility Modifications Agreement
Execution Authorization
PROJECT: W.O. No. 30096
..................... t
otay Water District
P2009 -36-lnch Pipeline, SDCWA otay FCF No. 14 to the Regulatory Site
Budget Committed
$18,490,000
·f'lanning .........
Studies
In House Staff Labor
Expenditures
Outstanding
Commitment &
Forecast
Projected Final
Cost
i j···· ·················! $ . ............ .
i $ 139,155.71 i $ 22,785.32 $ 161,941.03
Vendor/
Comments
. ............. ..
l························································l·······································'······················+································· ................................................................................................................................ .
_Printing ! $ 992_J.S. ... L... .... ........................... . ....... ~.~?:!.? ... ?..e.~ ... r:~P..~~W~P.~.i-~-~---· .. :.~.~?.~.~-~.S.i.O.~~~ .. ~~gal ~-~-e~ ................... ::::::::: :: ::::::: ::::.:::1..:~:.::::.: ....... 5, 5~_S.P.O....} 5, 595. DO Burke Williams & Sorensen .................................................................................................................................
· SeiVice Contracts ...................... ..1. .. ~ ............................. ?.~.~-:.?..o. ... L 789.20 Union Tribute & SD Deily Trenscrir:rt .............................................................................................................................................
Subcontract .............................. !...~ ............. 1.~~~-~-~-07 i 1 2, 266.07 Helix Water District
Temporary Labor 15.95 : 15.95 Sedona Staffing
'Land & Easement Acquisition 325,000.00 325,000.00
Total Planning $ 158,814.68 i $ 347,785.32 506,600.00
j ............................................................ j ................................................................................................................................................ ..
1,333,808.00 $ 1,333,808.00 IEC .................................. ; ............................................................. , .... ;..... .. ...................................................................................................................................................................................... ..
'Design
~"'''" '"""w """'-'
Consultant $
~ •.•.. :Y.~.~~-~-~-~~-i-~-~~~i~-~ .............................. . ................................... . ; ............................................................. ,: .... $:... . ............... ~_1 __ :.~.0.-~: .. ~.~--............. ~-1.: ~.0.~:.~-~.. . ....................................................... ..
' .. : Rl·n· i_!lH.~o .. Au .... s~.e~es .. ~t-·5a· mff_ 8Lnatb.o ... r.............................. .. .... ............ ... .......... .......... . .. ..:.'_ ... $ ............................. 6 ... , ... 3 ... 9 .... 4 .... 0 .... 4 ... !_,_· $$_ • .. ... ~ ~.: ~~g:.~.~ .. ~-.......... ?.0.: ~.0.~: 0..~.. . .. . ........ .. .. .... .. .................................... ..
c ........ i.................... ..................... ....... . .. ........................................ 47_~.:~.0.~:.?.~ ... ~ .......... ~.~-1.:~.~-~·.0..~ .......................................................................... .. . ! Office Supplies & Misc. .. ......................................... [ ... $ 209.40 ! $ 209.40
.. _ .......... ·.· ..... ·_-_ •. _l, .. ·.a_·_·_·_·_rr_·_·_·_i_·.~-·.·.~.--·.·.·_·_s_·_·_·_~ __ .. _._P_._._P_·_·_-_I_i __ e ___ s ______ ( __ P ____ r __ o ____ i_e_·_·_·_·c_._._t __ ·e_·_·_·_d __ ·_·l.·.· ....... ·.·.·.·.·.·.· .·.·.·.·.·.·.·.·.·. . ....... · ·T"'iii · ............................................. 588.56 ·$'· .................. 5.89:56 .................................................................................... ..
. ··. • .............................................. l'''''''''''''''''''''''''''''''''''''''''''''''''''''''''' .................................................................................................................................. , .................................................... .
.......................................... ! .......................................................... H.!. ···························~--~-~-~-~-~: .. ~-~--... ~ ........................ ~ .. ~-~-~g_9.:.g_~ ... T..~.~-~---~:P.~9.g~~.e~.i.:.:.~.--~-~.?. ..... . , 'Outside Services
i-"""~<U··'·····"''''''''''''''''''"'''''''"'''''"''"'''"'' :SeiVice Contracts .................. j..... . ............................. : $ ..... ~.O..:.~.o.g_:.?.~ ................ ~.0.:~.~-~·.0..~ .......................................................................... .
'Advertise and Award l"'ii 50,000.00 $ 50,000.00 --=----=--=---=-------+------+------+-'-----=---t-'-----'----1·"'"'"'"''"'"'"'"'"'"''"'"'"''"'"'"'""'"'"''"'' .................................... .. Total Design $ 1,333,808.00 i $ 6,603.44 ! $ 696,588.56 $ 2,037, 000. DO
:Construction
In House Staff Labor
Construction Contracts
(.?.~.~~~r.~~~i?.n Manager
FCF No. 1 4 Modifications
Acceptance & Close-out
Total Construction
Grand Total
....................... ! .. ~-..................... 32.90 i $ 229,967.1 0 230,000 00 ..................................................................... ..
............................................................... f......................... ··· ··· ·· ·1 $ .... 1 4·:·oii'4oo:o'ii .... f::·:::!:~;:~,-:~::~:~:~:~:0.: ....... :::::::: ::·::::: :::::::::::::::: ::::::::: ........ ·
....................................... ~ ....................... ::::::::::::::::J'$"'"'''' .. 900:.0.~0.:~.0. ... ~ ........... ~o.-~~.0.~.0.:.~.0..
$ 62o,ooo.oo i .......... J $ .. !.0.~~.0.~0..:~0. ...... ~ ................... ..!..0.?.~.0..~.0..:.~.0. ... §PE.~~ ... . ..................................... '1"............................................ i $ 103,000.00 $ 1 03,000. DO
$ 620,000.00 i $ 32.90 f $ 15,946,367.1 0 15,946,400.00
• 1,953,808.00 • 165,461.02 • 16,990,740.98 • 18,490,000.00
6