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2004 CFF04C - Orpheus Ave. Sewer Main PD15TRICT♦ D I / BOARDSU DIRECTORS `` r` H LEADERS IN ELAINESULLIVAN,PRESIDENT ` c pp DAVID KULCHIN,VICE PRESIDENT WASTLWATLI, ENVIRONMENTAL JUDY K.HANSON,DIRECTOR PROTECTION ALLAN JULIUSSEN,DIRECTOR DONALD F.OMSTED,DIRECTOR PAUL J.BUSHEE,GENERAL MANAGER A, Ref: 09 1683 August 27, 2008 Roger A. Free City of Encinitas 505 South Vulcan Ave. Encinitas Ca, 92024 Dear Roger: All work and requirements have been successfully been completed for the project known as Sewer line extension in Orpheus ave. in Encinitas. Bond 220 74 69, in the amount of$ 18,750.00, can be exonera e . If you have any questions regarding this matter please feel free to contact me at (760)753-0155. Cordially, LEUCADIA WASTEWATER DISTRICT Frank Reynaga Field Services Specialist 1960 LA COSTA AVENUE, CARLSBAD, CA 92009 • PHONE 760.753.0155 FAX 760.753.3094 LWWD.ORG INFO @LWWD.ORG LEUCADIA WASTEWATER DISTRICT NOTICE OF ACCEPTANCE NOTICE IS HEREBY GIVEN THAT: The date of acceptance of the hereinafter described project (work) is 8/21/07 The name and address of the owner (awarding authority), of the hereinafter described project, is the LEUCADIA WASTEWATER DISTRICT (organized and existing under the Wastewater District Law, Division 12 of the Water Code), 1960 LA COSTA AVENUE, CARLSBAD, CALIFORNIA, 92009. The property, on which the hereinafter described project (work of improvement) was completed, consists of Orpheus Sewer Line Extension The project (work of improvement, public work, or structure, but not including sewer laterals) is described as: 355 Lineal Feet of 8 in. PVC Sanitary Sewer and 1 Manhole 1 CO The name of the surety is: Insurance Company of the West DATED: 8/21/07 LEUCADIA WASTEWATER DISTRICT By: Frank Reynaga STATE OF CALIFORNIA ) ss. COUNTY OF SAN DIEGO ) 1, the undersigned, say: I am the General Manager of the Leucadia Wastewater District, the declarant of the foregoing notice of acceptance; I have read said notice of acceptance and know the contents thereof; the same is true and correct. Executed on August 21 2007 Carlsbad , Cali ornia. L D Geneeral14anager Form 110806G Notice of Acceptance Page 1 of 1 CITY OF E,NCINITAS AGENDA REPORT - CITY COUNCIL Meeting Date: February 21, 2007 TO: City Council VIA: Phil Cotton, City Manager FROM: Octets: Cota-Robles, Director of Engineering Services SUBJECT:: Award the Construction of Orpheus Avenue Sewer Extension to Don Hubbard Contracting Co. in the amount of$74,905.00. Project No. CFF04C. BACKGROUND: Existing Fire Station No.3 is to be demolished and replaced with a new station. The current station is on a septic sewerage system. As part of the modernization, the septic system will be replaced with sewer connecting to an existing sewer 355' to the south in the Leucadia Wastewater District. The property that the fire station occupies was annexed into the Leucadia Wastewater District on June 20, 2006. Plans were prepared for the extension of the sewer to the future fire station. DISCUSSION: On January 30, 2007 eleven bids were received for the construction of the proposed project. The Engineer's estimate is $121,000. The bids were as follows: Don Hubbard Contracting Co. $ 74,905.00 Golden State Contractors $ 99,999.99 Zondiros Corp. $102,345.00 Scott Michael Inc. $118,120.00 B & D Construction Co. $108,515.00 Falcon Construction Co. $110,650.00 Empire Pipeline $113,630.00 CCL Contracting, Inc. $113,825.00 Burtech Pipeline Inc. $116,884.00 Underground Utilities Inc. $128,647.00 Powell Engineering Const. $128,950.00 FISCAL IMPACT: Money for this project will come from funds set aside for the construction of three fire stations from the general fund. The Project Estimated costs are: Don Hubbard Contracting Co. Bid $ 74,905 Construction contingencies $ 11,236 Plan check fee to sewer district $ 4,000 LWD sewer inspection fee $ 5,000 LWD service charge $ 700 Construction staking $ 2,000 City inspection $ 7,000 Soils testing 3,000 TOTAL ESTIMATED PROJECT COSTS $107,841 Leucadia Wastewater District has waived capacity fees amounting to$15,115.60. RECOMMENDATION: It is recommended that the City Council award the Orpheus Avenue Sewer Extension Improvements to Don Hubbard Contracting Co. in the amount of $74,905 and appropriate funds as discussed in this report. The Coast News Decreed A Legal Newspaper by the Superior Court of San Diego County. Mail all correspondence regarding public notice advertising to The Coast News, P.O. Box 232-550, Encinitas, CA 92023 (760) 436-9737 Space above for County Clerk's Filing Stamp Proof of u ication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; CITY OF ENCINrMS I am over the age of eighteen years, and not a party to or PUBLIC NOTICE INVITING BIDS NOTICE IS HEREBY GIVEN that the City of Encinitas, interested in the above entitled matter. Caefornia,is inviting sealed We for construction of a Fire. I am principal clerk of the printer of The Coast News, a ° " P Avenue Sewer Extension. will received newspaper printed and published weekly and which news- January 30.2o7,at which time 9"will beope and read a"by the City Clerk. They shad be submitted in a sealed envelope addressed to: Deborah has been adjudged a newspaper of general circulation Carron,�y c� �of Encinitas,505 S.Vuk:an Avenue,Encinitas,CA paper g 92024. The outskle of are envelope shall be stated: "BID,DO NOT OPEN for the cities of Del Mar, Solana Beach, Encinitas/Cardiff, 11NM2:00R-M.,Janhu"30,2(07." Carlsbad, Oceanside, San Marcos/Vista and the County Project : The work is located in Orpheus.Avenue beginning approximately,285 north of the intersection with Puebla Street and then con. Judicial District by the Superior Court of the State of tinukrg 355'north. The work consists of corrnectirrg to an existing gravity sewer and constricting 355'of 8'PVC gravity sewer main. Inrruded in the California, County of San Diego (8/4/94, #677114, B2393, work Is dastruction of sewer access manholes,sewer cieanout,pavement removal:asphalt paving,restoration of existing public and private improve- P396); and that the notice, of which the annexed is a print- ments,and related appurtenant work not MOntiened above mn required in ed copy, has been published in, each regular and entire issue acconiance with the cormmADocuments. of said newspaper and not in an supplement thereof on the CCGP'SS°f it*bid package l"ie av a''*at the Engineering se�escoun,t, y PP City Hall.5o5 S.Vulcan Avenue,Encinitas,CA 92W4 for t25M each. following dates, to-wit: "�,,y`� rrg '"e CM)For further'"fO""at0f con- following City reeNves the right„after opening bids.Iareject any or all bids,or to make award to the lowest reeponellAe bidder end a"d all o>herbkls.to waive any informality In the tr"V and So accept any bid or portion 1hered. Peter Cots-Robles,P.E. Director of Engineering Services CN 3843,-Jan.5,12,19,2007 Jan. 5th, 12th, 19th, 2007 I certify under penalty of perjury that the foregoing is true and correct. Executed at Encinitas, County o fan Diego, State of California on th � p�j of January , 2007. Clerk of the Printer 1 LEUCADIA BOARD OF DIRECTORS JUDY K.HANSON,PRESIDENT LEADERS IN ELAINE SULLIVAN,VICE PRESIDENT WASTEWATER ENVIRONMENTAL ALLAN JULIUSSEN,DIRECTOR PROTECTION DAVID KULCHIN,DIRECTOR DISTRICT DONALD F.OMSTED,DIRECTOR PAUL 1.BUSHEE,GENERAL MANAGER Ref: 08-1206 July 16, 2007 Roger Free City of Encinitas 505 South Vulcan Encinitas, CA 92024 Dear Roger: Your project, Orpheus Avenue Sewer Extension, is complete and I am in receipt of all the required information and material. Your Material and Labor Bond No. 220 74 69, in the amount of $75,000.00, may be exonerated. Your Performance Bond No. 220 74 69, in the amount of $75,000.00, may be reduced to 25 percent of its current value, $18,750.00, which the District requires as a one-year warranty amount. Also included is a Dedication of Sewers Form. Please fill it out and send it back to me as soon as possible. If you require any further assistance regarding this matter, feel free to contact me at (760)753- 0155. Cordially, LEUCADIA WASTEWATER DISTRICT Frank Reynaga Field Services Specialist 1960 LA COSTA AVENUE, CARLS BAD, CA 92009 • PHONE 760.753.0155 FAX 760.753.3094 LWWD.OR6 INFO @LWWD.OR6 LEUCADIA WASTEWATER DISTRICT DEDICATION OF SEWERS NOTICE IS HEREBY GIVEN THAT: The date of DEDICATION of the hereinafter described project(work) is The names and addresses of all Owners, of the hereinafter described project, are: C/Ty Of LONG/N/TAS .Spa rte! M-me c AV.y 4 eArw is 6- ��rrc�.,i���s CA PZ Z.� We, the Owners, hereby declare that the sanitary sewers and appurtenance structures, not including sewer laterals, at (name and/or description of the project) Orpheus Sewer constructed in accordance with the approved plans filed with the LEUCADIA WASTEWATER DISTRICT (organized and existing under the Wastewater District Law, Division 12 of the Water Code), 1960 LA COSTA AVENUE, CARLSBAD, CALIFORNIA, 92009 are built for public use and that upon their acceptance by said District, all right, title, and interest of the undersigned in and to said sewers and appurtenances shall vest in said District. The property, on which the hereinafter described project (work of improvement) was completed, consists of Sanitary Sewer The project (work of improvement, public work, or structure, but not including sewer laterals) is described as: 355 Lineal Feet of 8 in. PVC Sanitary Sewer and 1 Manhole 1 Co Owner expressly warrants and represents that it has the power to dedicate these sewer facilities. In witness whereof, Owner executes this Dedication. , Owner Date P C pa, p-i- Owner Date Peter Cota—Robles Signatures must be Notarized Form 110806N Dedication of Sewers Page 1 of 1 BOARD OF DIRECTORS LEUCADIA LEADERS IN JUDY K.HANSON,PRESIDENT ELAINE SULLIVAN,VICE PRESIDENT WASTEWATER ENVIRONMENTAL ALLAN JULJUSSEN,DIRECTOR L „ L PROTECTION DAVID KULCHIN,DIRECTOR D I T n R I /f` DONALD F.OMSTED,DIRECTOR I PAUL).BUSHEE,GENERAL MANAGER Ref: 08-1206 July 16, 2007 Roger Free City of Encinitas 505 South Vulcan Encinitas, CA 92024 Dear Roger: Your project, Orpheus Avenue Sewer Extension, is complete and I am in receipt of all the required information and material. Your Material and Labor Bond No. 220 74 69, in the amount of $75,000.00, may be exonerated. Your Performance Bond No. 220 74 69, in the amount of $75,000.00, may be reduced to 25 percent of its current value, $18,750.00, which the District requires as a one-year warranty amount. Also included is a Dedication of Sewers Form. Please fill it out and send it back to me as soon as possible. If you require any further assistance regarding this matter, feel free to contact me at (760)753- 0155. Cordially, LEUCADIA WASTEWATER DISTRICT IL--- Frank Reynaga Field Services Specialist 1960 LA COSTA AVENUE,CARLSBAD, CA 92009 PHONE 760.753.0155 • FAX 760.753.3094 LWWD.OR6 INFO @LWWD.ORG REIMBURSEMENT AGREEMENT FOR ORPHEUS FIRE STATION SEWER THIS AGREEMENT is entered into by and between the Leucadia Wastewater District, a County Water District, organized and existing under Division 12 of the California Water Code ("DISTRICT") and the City of Encinitas, a California incorporated city(CITY). R-E-C-I-T-A-L-S 1. CITY owns property in San Diego County within the service jurisdiction of DISTRICT. 2. CITY desires service to its property from DISTRICT. As a condition of providing service, DISTRICT required that CITY extend existing facilities for sewer service, which allows service to other property owners within the area near CITY property. 3. CITY has constructed facilities pursuant to DISTRICT direction and the Leucadia Wastewater District Agreement to Improve Subdivision Sewers dated March 6, 2007, ("Agreement to Improve Subdivision Sewers") between DISTRICT and CITY as shown on the plans and specifications prepared by Mr. Roger Allen Free, PE and identified as Sewer Improvement Plans, ORPHEUS AVENUE last dated June 15, 2006. 4. DISTRICT and CITY, by this Agreement, desire to enter into a reimbursement contract in accordance with the provisions of the DISTRICT's Standard Specifications for Privately Constructed Wastewater Facilities ("Standard Specifications"). C-O-V-E-N-A-N-T-S 5. Conditions Precedent to Execution of Agreement. The sewer facilities subject to this Agreement ("new facilities") shall be completed in accordance with the Agreement to Improve Sewers and all other DISTRICT rules and regulations prior to execution of this Agreement. As a further condition precedent to DISTRICT's obligation to execute this Agreement, CITY agrees to provide in a form acceptable to DISTRICT all documents DISTRICT deems necessary for acceptance and acquisition of facilities that are intended for dedication to DISTRICT. Documents shall include, but are not limited to the recorded notice of completion. Notice of completion for this project shall be recorded by CITY. 6. Administrative Costs. CITY has paid DISTRICT the sum of one thousand and five hundred dollars (S 1,500.00) as reimbursement of all administrative costs attributable to the establishment of this Agreement, including, but not limited to, engineering, legal and administrative staff time to calculate reimbursement amounts and finalized the terms of this Agreement. These Administrative costs shall not be reimbursed, and CITY shall not be required to pay the DISTRICT any additional administrative fees for this Agreement. 7. Reimbursable Construction Costs. Reimbursable construction costs consist of the actual cost to construct the new facilities, less the portion attributable to providing sewer service to CITY property, as determined by the DISTRICT and shown on Exhibit A, attached hereto ("Reimbursable Construction Costs"). Reimbursable Construction Costs shall be limited to costs the DISTRICT determines are reasonably related to new facilities. 8. Term. The term of this Agreement and DISTRICT's obligation to reimburse CITY shall expire ten (10) years from the Agreement's effective date. Thereafter, DISTRICT shall have no further obligation to reimburse CITY. 9. Reimbursement. During the ten (10) year term of this Agreement and subject to DISTRICT's actual ability to collect construction costs from property owners who connect to the facilities, DISTRICT agrees to reimburse CITY for each connection to the new facilities in an amount equal to each connection's proportionate share of the Reimbursable Construction Costs plus 5.5 percent interest per annum from the effective date of this Agreement ("Reimbursement Fee"). The Reimbursement Fee for each property owner shall be determined by the DISTRICT, using its best estimate of the number of parcels that could utilize the new facilities. The DISTRICT shall also charge each connecting property owner an administrative fee equivalent to 5% of the prorata share, which shall be paid to the DISTRICT. The Reimbursement Fee and administrative fee shall be in addition to the standard fees charged by the DISTRICT for new service. In the event DISTRICT reimburses CITY, the total Reimbursable Construction Costs plus accrued interest prior to the end of the ten (10) year term of the Agreement, DISTRICT's obligation to reimburse CITY shall terminate. 10. Termination. In the event of termination of this Agreement, CITY shall have no further interest or right of reimbursement from DISTRICT and all revenues subsequently received by DISTRICT shall be the sole property of DISTRICT. 11. Records. CITY warrants that CITY has kept accurate records of the actual construction costs, according to accepted engineering and accounting principles. CITY has provided such records to the DISTRICT offices for inspection as requested by DISTRICT. 12. Warranties. CITY further warrants that there are no liens, stop notices or claims against the project; that the legal time for filing any such claims, notices or liens has expired; and agrees to defend, indemnify and hold DISTRICT harmless for any or all such liens, notices or claims. 13. Reimbursement Payments. Reimbursement payments shall be mailed to CITY at the address provided pursuant to Paragraph 15.8 of this Agreement within(90) days of receipt by DISTRICT. In the event payments are not claimed by CITY after attempted delivery in accordance with Paragraph 15.8, DISTRICT shall have the right to retain payments and shall have no further obligation to pay CITY. 14. No Guarantees. CITY understands and acknowledges that that DISTRICT will not compel property owners to utilize the sewer facilities. Further DISTRICT cannot guarantee that DISTRICT will be able to collect Reimbursable Construction Costs from all property owners Form 110806H Reimbursement Agreement Page 2 of 4 who connect to the facilities. DISTRICT agrees to make reasonable efforts to collect costs from new connections. Further, CITY understands that the Reimbursement Fee calculated by DISTRICT may not reflect the number of properties that will ultimately utilize the sewer facilities. Future properties connecting to upstream extensions of the sewer built by the CITY will not be required to reimburse cost for the CITY constructed downstream sewer. The number of users could be more or less than DISTRICT estimates, and DISTRICT does not warrant or promise that CITY will recover all Reimbursable Construction Costs. 15. Miscellaneous Provision. 15.1 Applicable Law. This Agreement and any disputes relating to this Agreement shall be construed under the laws of the State of California. 15.2 Venue. In the event of any legal or equitable proceeding to enforce or interpret the terms or conditions of this Agreement, the parties agree that venue shall lie only in the federal or state courts in or nearest to the North County Judicial District, County of San Diego, State of California. 15.3 Attorney's Fees. In the even any legal or equitable proceeding to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to all reasonable attorney's fees and costs in addition to any other relief granted by law. 15.4 Assignment. CITY shall not be entitled to assign all or any portion of its respective rights or obligations as specified in the Agreement without obtaining the prior written consent of the DISTRICT. Any purported assignment without the DISTRICT's prior written consent shall be void. 15.5 Entire Agreement. This Agreement, together with all exhibits attached hereto, contains all representations and the entire understanding regarding reimbursement between the parties. No other representations are intended or shall be implied. Any prior correspondence, memoranda or agreements, whether or not such correspondence, memoranda or agreements are in conflict with this Agreement, are intended to be replaced in total by this Agreement and any exhibits to this Agreement. However, this Agreement does not supersede other DISTRICT ordinances and agreements relating to CITY construction of sewer facilities, including among other things, the DISTRICT Standard Specifications and the Agreement to Improve Sewers. 15.6 Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties and their respective purchasers, successors, heirs and assigns. 15.7 Unenforceable Provision. The terms, conditions and covenants of this Agreement shall be construed whenever possible as consistent with all applicable laws and regulations. To the extent that any provisions of the Agreement as so interpreted are held to violate any applicable law or regulation, the remaining provisions shall nevertheless be carried into full force and effect and remain enforceable. Form 110806H Reimbursement Agreement Page 3 of 4 15.8 Notices All reimbursements, letters, statements or notices required pursuant to this Agreement shall be deemed effective upon posting in the United States mail to the following addresses: TO DISTRICT: TO CITY: Attention: General Manager Attention: City Manager Leucadia Wastewater District City of Encinitas 1960 La Costa Avenue 505 South Vulcan Avenue Carlsbad,CA 92009 Encinitas, CA 92024 The addresses above shall be presumed correct, unless a party is notified in writing of a change. Any change of address notice shall clearly state that it is intended to replace the address set forth in Paragraph 15.8 of this Agreement. 15.9 Effective Date: This Agreement shall become effective as of upon execution by the parties. "DISTRICT" "CITY" BY: BY P.E. Cko tton, NtMvj ana e BY: BY Peter Cota-Robles, City Engineer Form 110806H Reimbursement Agreement Page 4 of 4 EXHIBIT A TO REIMBURSEMENT AGREEMENT BETWEEN LEUCADIA WASTEWATER DISTRICT AND CITY OF ENCINITAS s T FRWY ir ZI O � .2r a• )y \ 3 O `� 9 e . •O. ° ,yt O Y py, / , :� , 1•� � to wt e� � R O qvt_ - AVE a J p a !g �ti t O e 2 ..........112...... SO O C ' O _ ae nO n < 9 3z y)io rl 8 Fdq�d • PMa)e] D+ PAR.6 • ' ; LOTt pA V O �� PwR.2 ® „4 (�p�2 ) 01 3 POR 2 Orpheus Fire Station Sewer Extension Reimbursement Area (1) Parcel Assessor No. of Share of Amount To Hereon Parcel Sewer $74,905 Reimburse To EDUs Cost 256-121-41 A 256-121-41 4.6 $35,891.98 B 256-121-10 1.0 $7,802.60 $7,802.60 C 256-121-11 1.0 $7,802.60 $7,802.60 D 256-121-12 1.0 $7,802.60 $7,802.60 E 256-251-17 1.0 $7,802.60 $7,802.60 F 256-251-27 1.0 $7,802.60 $7,802.60 9.6 $ 74,905.00 $39,013.02 (1) If future parcels connecting to sewer result in a parcel split or a change to the number of EDUs per parcel estimated above, then the cost share per parcel will be adjusted by the LWD District Engineer to the number of EDUs on that parcel in proportion to the estimated remaining EDUs to be connected and that proportion shall be applied to the remaining cost to be shared and reimbursed to the CITY. Such adjustments shall only be made for future connections to the sewer system. No adjustments to past reimbursements will be made.