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HomeMy WebLinkAbout2016-01-28 - Board of Directors Meeting Agenda PacketYorba Linda Hater District AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, January 28, 2016, 8:30 AM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 93 4. 5. ROLL CALL Ric Collett, President Michael J. Beverage, Phil Hawkins Robert R. Kiley Gary T. Melton Vice President ADDITIONS /DELETIONS TO THE AGENDA PUBLIC COMMENTS Any individual wishing to address the Board is requested to identify themselves and state the matter on which they wish to comment. If the matter is on the agenda, the Board will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to three minutes. 6. CONSENT CALENDAR All items listed on the consent calendar are considered to be routine matters, status reports, or documents covering previous Board instructions. The items listed on the consent calendar may be enacted by one motion. There will be no discussion on the items unless a member of the Board, staff, or public requests further consideration. 6.1. Payments of Bills, Refunds, and Wire Transfers Recommendation. That the Board of Directors ratify and authorize disbursements in the amount of $2,840,525.24. 6.2. Investment Report for Period Ending December 31, 2015 Recommendation. That the Board of Directors receive and file the Investment Reports for the Period Ending December 31, 2015. 6.3. Directors and General Manager Fees and Expenses Report for Second Quarter FY 2015/16 Recommendation. That the Board of Directors receive and file the Directors and General Manager Fees and Expenses Report for Second Quarter FY 2015116. 6.4. Progress Payment No. 1 for Construction of the Well No. 21 Well Head Equipping Project Recommendation. That the Board of Directors approve Progress Payment No. 1 in the net amount of$28,120.00 to Pascal & Ludwig Constructors for construction of the Well No. 21 Well Head Equipping Project, Job No. 2009-22. 6.5. Terms and Conditions for Water and Single Sewer Service with ActivCare Living, Inc. Recommendation. That the Board of Directors approve the Terms and Conditions for Water and Single Sewer Service with ActivCare Living, Inc., Job No. 2016-01. 7. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 7.1. Construction Contract Award for the 2016 Sewer Main CIPP Rehabilitation Project Recommendation. That the Board of Directors award the Construction Contract for the 2016 Sewer Main CIPP Rehabilitation Project to Burtech Pipeline, Inc. for $189,823.75, Job No. 2015-10S. 7.2. Agreement for Water Loss Control Services Recommendation. That the Board of Directors approve the Agreement for Sharing of Consultant Costs with the Municipal Water District of Orange County dated January 4, 2016 at a cost of$34,292, and direct the General Manager to execute that agreement. 7.3. Audit Services for Fiscal Year Ending June 30, 2016 Recommendation. That the Board of Directors authorize the General Manager to execute a Professional Services Agreement with White, Nelson, Diehl, Evans LLP in the amount of$22,575 for an additional year of audit services for the fiscal year ending June 30, 2016. 8. REPORTS, INFORMATION ITEMS, AND COMMENTS 8.1. President's Report 8.2. Directors' Reports • MWDOC Water Policy Forum - January 22, 2016 8.3. General Manager's Report 8.4. General Counsel's Report 8.5. Future Agenda Items and Staff Tasks 9. COMMITTEE REPORTS 9.1. Interagency Committee with MWDOC and OCWD (Collett / Melton) • Minutes of the meeting held January 26, 2016 at 4:00 p.m. (To be provided at the next regular Board meeting.) • Next meeting is scheduled to be held March 22, 2016 at 4:00 p.m. 9.2. Joint Agency Committee with City of Yorba Linda (Collett / Beverage) • Minutes of the meeting held January 19, 2016 at 9:00 a.m. (To be provided at the next regular Board meeting). • Next meeting is scheduled to be held February 23, 2016 at 9:00 a.m. at YL City Hall. 9.3. Interagency Committee with City of Placentia and Golden State Water Company (Collett / Kiley) • Minutes of the meeting held December 8, 2015 at 2:00 p.m. (To be provided at the next regular Board meeting.) • Next meeting is scheduled to be held February 9, 2016 at 2:00 p.m. at Golden State Water Company in Placentia. 9.4. Citizens Advisory Committee (Melton) • Minutes of the meeting held January 25, 2016 at 8:30 a.m. (To be provided at the next regular Board meeting.) • Next meeting is scheduled to be held February 22, 2016 at 8:30 a.m. 10. INTERGOVERNMENTAL MEETINGS 10.1. YL City Council - January 19, 2016 (Collett) 10.2. MWDOC Board - January 20, 2016 (Melton) 10.3. OCWD Board - January 20, 2016 (Kiley) 10.4. OCSD - January 27, 2016 (Kiley/Beverage) 10.5. YL Planning Commission - January 27, 2016 (Hawkins) 11. BOARD OF DIRECTORS ACTIVITY CALENDAR 11.1. Meetings from January 29, 2016 - February 29, 2016 12. CLOSED SESSION The Board may hold a closed session on items related to personnel, labor relations and/or litigation. The public is excused during these discussions. 12.1. Conference with Legal Counsel -Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Number of Potential Cases: One 13. ADJOURNMENT 13.1. The next Regular Board of Directors Meeting will be held Thursday, February 11, 2016 at 8:30 a.m. Items Distributed to the Board Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items and are distributed to a majority of the Board less than seventy-two (72) hours prior to the meeting will be available for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District's internet website accessible at http://www.ylwd.com/. Accommodations for the Disabled Any person may make a request for a disability-related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. ITEM NO. 6.1 AGENDA REPORT Meeting Date: January 28, 2016 Budgeted: Yes To: Board of Directors Cost Estimate: $2,840,525.24 Funding Source: All Funds From: Marc Marcantonio, General Manager Presented By: Delia Lugo, Finance Manager Dept: Finance Reviewed by Legal: N/A Prepared By: Richard Cabadas, Accounting CEQA Compliance: N/A Assistant I Subject: Payments of Bills, Refunds, and Wire Transfers SUMMARY: Section 31302 of the California Water Code says the District shall pay demands made against it when they have been approved by the Board of Directors. Pursuant to law, staff is hereby submitting the list of disbursements for Board of Directors' approval. STAFF RECOMMENDATION: That the Board of Directors ratify and authorize disbursements in the amount of $2,840,525.24. DISCUSSION: The major items on this disbursement list are as follows: A wire of$18,711.64 to So. Cal GIB-Wells Fargo Bank for October through December 2015 line of credit fees; a wire of $6,695.82 to US Bank for 2008 COP reserve balance adjustment; a wire of $546,348.60 to MWDOC for November 2015 water purchases; a wire of $574.50 to So. California Gas Co. for December 2015 gas charges at multiple locations; a wire of$1,665,854.12 to OCWD — Pump tax for replenishment assessment for July through December 2015; and a check of $108,681.40 to ACWA/JPIA for February 2016 medical and dental premium. The balance of $233,890.97 is routine invoices. The Accounts Payable check register total is $2,580,757.05; Payroll No. 01 total is $259,768.19; and the disbursements of this agenda report are $2,840,525.24. A summary of the checks is attached. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors approves bills, refunds and wire transfers semi-monthly. ATTACHMENTS: Description: Type: 16 CC 0128.pdf CREDIT CARD SUMMARY Backup Material CkReg012816.pdf CHECK REGISTER Backup Material 16-CS 0128.pdf CAP SHEET Backup Material Cal Card Credit Card U S Bank 12103/15-1/13/16 Date Vendor Name Amount Description 12/3/2015 Castelli's 37.40 Travel Expense-ACWA Conference-Micalizzi,D 12/4/2015 Hyatt Regency Indian Wells 734.86 Travel Expnese-ACWA Conference-Micalizzi,D 12/4/2015 Hyatt Regency Indian Wells 700.62 Travel Expense-ACWA Conference-Kiley,R 12/6/2015 Hyatt Regency Sacramento 21.00 Travel Expense-SWRCB Workshop-Marcantonio,M 12/6/2015 In-n-Out 9.42 Travel Expense-SWRCB Workshop-Marcantonio,M 12/7/2015 Hyatt Regency Sacramento 18.00 Travel Expense-SWRCB Workshop-Marcantonio,M 12/7/2015 Hyatt Regency Sacramento 24.00 Travel Expense-SWRCB Workshop-Marcantonio,M 12/7/2015 Hyatt Regency Sacramento 400.90 Travel Expense-SWRCB Workshop-Marcantonio,M 12/8/2015 In-n-Out 9.89 Travel Expense-SWRCB Workshop-Marcantonio,M 12/8/2015 McDonald's 8.39 Travel Expense-SWRCB Workshop-Marcantonio,M 12/9/2015 Staples 57.13 Office supplies 12/17/2015 United Water Works 14,924.31 November&December invoices 12/17/2015 Mission Inn 167.53 Travel Expense-CMTA Conference-McCann,K 12/18/2015 Caesars Palance 387.52 Travel Expense-CRWUA Conference-Dir.Melton&Beverage 12/29/2015 NPELRA 99.00 Employee development-online training 12/30/2015 CWEA 81.00 Certificate renewal-Collection Grade 1-Ostiz,M 12/30/2015 Sunstate Equipment 68.26 Forklift propane refill 12/30/2015 Home Depot 291.99 (64)bags of concrete 12/31/2015 Facility Solution Group 124.53 Light bulb for CL2 room 1/4/2016 Harbor Freight 14.87 Tools for valve truck 1/5/2016 United Water Works 602.10 Replacement parts 1/5/2016 Orchard Supply 8.19 Supplies-Irrigation repair 1/6/2016 Home Depot 12.90 Rebar tie wire 1/6/2016 OC ARMA 60.00 Records management training-McAllaster,L 1/7/2016 KB Design 71.28 (3)YLWD sweatshirts-Uniforms 1/8/2016 FTP TODAY 64.95 Monthly billing-ylwd.ftptoday.com 1/11/2016 ISDOC 17.00 ISDOC Quarterly luncheon-Dir.Hawkins 1/11/2016 Cal Society of Municipal Finance Officers 110.00 CSMFO 2016 membership renewal 1/11/2016 Cal Society of Municipal Finance Officers 370.00 CSMFO 2016 Annual Conference 1/12/2016 Jobs Available 30.00 Annual electronic subscription 1/12/2016 SARBS-CWEA 500.00 2016 WINTER COLLECTION SEMINAR(8 ATTENDEES) 1/12/2016 Fullerton Paint 258.68 (48)Blue marking paint 1/13/2016 Kaman 238.80 UNIVERSAL SIGNAL CONDITIONER-SCADA 1/13/2016 Orchard Supply 8.63 Tools for Cla-Val trucks 20,533.15 Yorba Linda Water District Check Register For Checks Dated: 01/15/2015 thru 01/28/2016 Check No. Date Vendor Name Amount Description 67007 01/28/2016 ACWA/JPIA 108,681.40 MEDICAL&DENTAL PREMIUM-FEBRUARY 2016 67008 01/28/2016 ACWA/JPIA 31,407.00 4TH QTR 2015 WORKER COMPENSATION 66999 01/28/2016 ADA-VICTORIA CERVANTES-KUTES 115.18 CUSTOMER REFUND 67009 01/28/2016 Alex Thomas 1,223.00 EDUCATION REIMBURSEMENT FY15/16 67010 01/28/2016 Alhambra Foundry Company 4,098.47 SEWER MAIN REPAIR PARTS 67011 01/28/2016 Apollo Technologies Inc. 430.00 WATER TREATMENT SERVICE CLOSED LOOPS 67012 01/28/2016 Aqua-Metric Sales Co. 24,552.28 WAREHOUSE STOCK-MXU METERS 67013 01/28/2016 Aramark 470.47 UNIFORM SERVICE 67022 01/28/2016 ARC 39.55 J2014-12-MONTHLY BILLING FOR DOC MANAGEMENT 67014 01/28/2016 AT&T 31.50 ATT LONG DISTANCE SERVICE-12/2015 67015 01/28/2016 Autoscribe Corporation 659.75 PAYMENT VISION GATEWAY 66998 01/28/2016 BRANDYWINE HOMES 970.00 CUSTOMER REFUND 67016 01/28/2016 Bryan Hong 125.00 T2 CERTIFICATE FEE&EXAM 66997 01/28/2016 BRYAN SOTHER 184.67 CUSTOMER REFUND 66993 01/28/2016 BUFORD FERGUSON 87.15 CUSTOMER REFUND 67017 01/28/2016 CalCard US Bank 20,533.15 CREDIT CARD TRANSACTIONS FOR DECEMBER'15&JANUARY-16 67018 01/28/2016 Citizen's Business Bank 1,480.00 J09-22#21-RETENTION PAYABLE 01 67019 01/28/2016 City Of Anaheim 8,567.89 LAKEVIEW&RICHFIELD-ELECTRICITY CHARGES-12114-01/13 67020 01/28/2016 City Of Placentia 3,626.81 SEWER FEES-DECEMBER 2015 67021 01/28/2016 City OfYorba Linda 11,556.00 11 MANHOLES+34 WATER VALVES 67032 01/28/2016 Costco Online 94.63 OFFICE SUPPLIES 67023 01/28/2016 Culligan of Santa Ana 2,083.31 EQUIPMENT PE SOFTENER 67000 01/28/2016 DANTE GEBEL 111.14 CUSTOMER REFUND 67004 01/28/2016 DAVID PARKINSON 80.56 CUSTOMER REFUND 67024 01/28/2016 Dell Marketing L.P. 3,572.30 IT COMPUTER EQUIPMENT 66996 01/28/2016 DONNA SCHAEFER 41.40 CUSTOMER REFUND 67002 01/28/2016 DOUG CLARK 66.03 CUSTOMER REFUND 67025 01/28/2016 Eisel Enterprises,Inc. 3,691.44 438 METER BOX,LIDS,AND VAULTS 67026 01/28/2016 Employee Relations,Inc. 147.10 PRE-EMPLOYMENT BACKGROUND CHECKS 67028 01/28/2016 EyeMed 1,381.27 JANUARY 2016-EYE MED 67027 01/28/2016 Federal Express 18.44 SHIPPING FEES 67029 01/28/2016 Fleet Services,Inc 129.28 SWITCH REPLACEMENT-UNIT#197 67001 01/28/2016 FRANK ORTIZ 3.14 CUSTOMER REFUND 67006 01/28/2016 GOODE HOME MANAGEMENT 332.97 CUSTOMER REFUND 67030 01/28/2016 Haaker Equipment Co. 424.59 HOSE KEEPER ASSEMBLY-#197 67033 01/28/2016 Hydrex Pest Control 175.00 PEST CONTROL 67034 01/28/2016 Infosend Inc. 7,662.19 POSTAGE BILLING-MONTHLY FEE 66989 01/28/2016 JR MCDANIEL 183.10 CUSTOMER REFUND 66991 01/28/2016 JUDI M LATHROP 45.73 CUSTOMER REFUND 67035 01/28/2016 Ken Mendum 164.00 REIMBURSEMENT FOR 2016 CWEA MEMBERSHIP 67036 01/28/2016 Kidman Law 14,991.50 LEGAL SERVICE 67037 01/28/2016 Konica Minolta Business 567.01 BIZHUB C552&181 LEASE 67038 01/28/2016 Laurie McAllaster 94.69 TRAVEL EXPENSE-LASERFICHE CONFERENCE 67031 01/28/2016 Mail Finance 313.93 MONTHLY BILLING-HASLER LEASE#H12011971 67039 01/28/2016 Managed Health Network 168.75 EAP-JANUARY 2015 67040 01/28/2016 Marina Landscape,Inc 4,114.68 MONTHLY MAINTENANCE-DECEMBER 2015 67041 01/28/2016 Mc Fadden-Dale Hardware 113.78 HARDWARE SUPPLIES 67042 01/28/2016 Measurement Control Systems,Inc 842.56 MISCELLANEOUS WAREHOUSE PARTS 67043 01/28/2016 Mobile Industrial Supply 66.32 NOTROGEN&CO2 CYLINDER REFILLS W011516 01/15/2016 Municipal Water District 546,348.60 WATER PURCHASES-NOVEMBER 2015 67045 01/28/2016 Muzak LLC 81.68 CUSTOMER MESSAGE AND PHONE SERVICE-JANUARY 2016 67046 01/28/2016 NatPay Online Business Solutions 35.40 DOCULIVERY-DECEMBER 2015 67047 01/28/2016 Nickey Kard Lock Inc 4,828.40 FUEL-DECEMBER 1631,2015 67048 01/28/2016 Occu-Med,Ltd. 70.00 POST-EMPLOYMENT PHYSICAL W012816 01/28/2016 OCWD 1,665,854.12 REPLENISHMENT ASSESSMENT-JULY-DECEMBER 2015 67049 01/28/2016 Office Solutions 1,318.08 OFFICE SUPPLIES-CALENDAR GOODS 67053 01/28/2016 P.T.I.Sand&Gravel,Inc. 312.50 MATERIAL-+30 FILL SAND 67050 01/28/2016 Pascal&Ludwig Constructors,Inc 28,120.00 J09-22#21-PROGRESS PAYMENT 01 66992 01/28/2016 PAULA BARRETT 109.61 CUSTOMER REFUND 67051 01/28/2016 Powerstride Battery 303.73 BATTERIES(3)-UNIT 197 67052 01/28/2016 Praxair Distribution 82.44 REPAIR PARTS 67060 01/28/2016 Rachel Padilla/Petty Cash 119.15 PETTY CASH-0122915&Y123115 67054 01/28/2016 Red Wing Shoe Store-Orange 200.00 BOOT ALLOWANCE 66994 01/28/2016 RICHARD PATTEN 92.58 CUSTOMER REFUND 67055 01/28/2016 RKI Engineering,LLC 2,400.00 SCADA WATCH-PLC LOGIC &TIER 2 CONFIG 67056 01/28/2016 Robert Kiley 52.22 MILEAGE REIMBURSEMENT-WACO&OCWD 66990 01/28/2016 ROBERTSCOTT 110.63 CUSTOMER REFUND 67057 01/28/2016 SC Prime Source Inc. 4,800.00 JANITORIAL SERVICE-JANUARY 2016 67005 01/28/2016 SEE'S CANDY#307 386.29 CUSTOMER REFUND 67058 01/28/2016 Selman Chevrolet Company 16.33 SWITCH REPLACEMENT-UNIT#144 67059 01/28/2016 Solarwinds Inc. 672.00 SOLARWINDS PM250 W011816 01/18/2016 Southern Calif Gas Co. 574.50 MULTIPLE LOCATIONS-GAS CHARGES- DECEMBER 2015 67062 01/28/2016 St.Jude Hospital Yorba Linda 740.00 POST-EMPLOYMENT PHYSICAL 67061 01/28/2016 Staples Business Advantage 896.34 OFFICE SUPPLIES&TONER 66995 01/28/2016 TAYLOR MORRISSON HOMES LLC 3.14 CUSTOMER REFUND 67063 01/28/2016 TDI Refrigeration Air Conditioning Inc. 785.50 HVAC ONSITE SERVICE 67064 01/28/2016 Time Warner Cable 2,886.41 DED INTERNET&INTER STATE ACCESS 67065 01/28/2016 Travel Berkeley Springs 40.00 BERKELEY SPRINGS WATER TASTING 67068 01/28/2016 U S Postal Service(Hasler) 2,500.00 REPLENISH FUNDS-POSTAL METER 67066 01/28/2016 Underground Service Alert 300.00 MONTHLY BILLING-DIGALERT 67067 01/28/2016 UNUM Life Insurance Co.ofAmerica 613.20 INSURANCE LIFE/ADD/LTD&STD W011516A 01/14/2016 US Bank 6,695.82 2008 COP RESERVE BALANCE ADJUSTMENT 67070 01/28/2016 W.L.Butler Construction,Inc. 1,850.00 13-10B-CASH WATER BOND RELEASE 67003 01/28/2016 WEIYANG U 147.95 CUSTOMER REFUND W011216 01/12/2016 Wells Fargo Bank,NA 18,711.64 LINE OF CREDIT FEES&INTEREST FEES 67069 01/28/2016 West Coast Safety Supply Co 3,558.93 TOOLS&EQUIPMENT 67044 01/28/2016 Wonderware West 23,619.75 SOFTWARE LICENSE RENEWAL 2,580,757.05 January 28, 2016 CHECK NUMBERS & WIRES: Computer Checks 66989-67070 $ 342,572.37 $ 342,572.37 WIRES: W011216 So. Cal GIB-Wells Fargo $ 18,711 .64 W011516A US Bank $ 6,695.82 W011516 MWDOC $ 546,348.60 W011816 So. California Gas Co. $ 574.50 W012816 OCWD $ 1,665,854.12 $ 2,238,184.68 TOTAL OF CHECKS & WIRES $2,580,757.05 PAYROLL NO. 01: Direct Deposits $ 168,032.99 Third Party Checks 6321-6328 $ 46,334.57 Payroll Taxes $ 45,400.63 $ 259,768.19 TOTAL OF PAYROLL $259,768.19 ---------------------------------------------------------------------------------------------------------------------- DISBURSEMENT TOTAL: $2,840,525.24 ------------------------------------------------------------------ ------------------------------------------------------------------ APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF JANUARY 28, 2016 ------------------------------------------------------------------ ------------------------------------------------------------------ ITEM NO. 6.2 AGENDA REPORT Meeting Date: January 28, 2016 To: Board of Directors From: Marc Marcantonio, General Manager Presented By: Delia Lugo, Finance Manager Dept: Finance Prepared By: Kelly McCann, Senior Accountant Subject: Investment Report for Period Ending December 31, 2015 SUMMARY: Government Code Section 530607, et. seq., requires the person delegated to invest funds to make quarterly report of investments to the legislative body. STAFF RECOMMENDATION: That the Board of Directors receive and file the Investment Reports for the Period Ending December 31, 2015. DISCUSSION: The Investment Portfolio Report presents the market value and percent yield for all District investments by institution. The Investment Report Summary includes budget and actual interest and average term portfolio information as well as market value broken out by reserve categories. The total yield for the month ending December 31, 2015 is 0.79%. The overall increase in the investment balance from the previous month is approximately $1,286,212. The balance change is predominantly an increase in the Water Operating Fund of $1,217,000, due to the receipt of property tax apportionments from the County of Orange and a positive net effect between operating revenues and expenses through the reporting month of the fiscal year. STRATEGIC PLAN: FR 1-F: Continue to Record and Report the Fairly Stated Financial Activities of the District in a Timely and Transparent Manner to the Board of Directors and Member Agencies ATTACHMENTS: Description: Type: Invst Agenda Backup - December 2015.xlsx Investment Summary Report-December 2015 Backup Material Invst Rpt 12-15.xlsx Investment Report for Period Ending December 2015 Backup Material Investment Summary Report Below is a chart summarizing the yields as well as terms and maturities for the month of December 2015: Average #of Month Portfolio Days to of 2015 Yield Maturity December 0.79% 204 Below are charts comparing operating fund interest for current and prior fiscal years. Actual Interest 12/31/2014 12/31/2015 Monthly-December Year-to-Date $ 15,284 $ 19,352 $ 81,385 $ 107,563 Budget 2014/2015 2015/2016 Interest Budget, December YTD $ 56,000 $ 46,500 Interest Budget,Annual $ 112,000 $ 93,000 Interest earned on investments is recorded in the fund that owns the investment. Investment Summary Comparison Between Current and Previous Month The distribution of investments in the portfolio both in dollars and as a percentage of the total portfolio by funds is as follows: Total of$36.7 million in cash and investments which is split between minimum reserve requirements and what is available to meet current year obligations(operating costs, debt service, capital costs) Reserve Cash and Requirements Investments November 2015 %Alloc December 2015 %Alloc "Conditional Available for Fund Description Balance 11/30/2015 Balance 12/31/2015 Use" CY Obligations Water Operating Reserve $ 6,060,659 17.31% $ 7,445,311 20.46% $ 4,270,217 3,270,799 Water Emergency Reserve 1,029,063 2.94% 1,027,696 2.82% $ 1,000,000 27,696 Water Capital Project Reserve 19,010,135 54.30% 18,986,316 52.18% $ 8,820,000 10,166,316 Water Reserve for Debt Service 2,724,754 7.78% 2,721,363 7.48% $ 2,723,509 (2,146) Maintenance Reserve 200,963 0.57% 200,963 0.55% $ 200,000 963 Employee Liability Reserve 300,310 0.86% 300,308 0.83% $ 279,000 21,308 COP Revenue Bond 2008-Reserve 2,155,733 6.16% 2,153,047 5.92% $ 2,152,320 727 Sewer Operating Reserve 91,774 0.26% 91,754 0.25% $ 220,000 140,731 Sewer Emergency Reserve 1,020,955 2.92% 1,019,664 2.80% $ 1,000,000 19,664 Sewer Capital Project Reserve 2,416,250 6.90% 2,440,115 6.71% $ 2,023,439 416,676 $ 35,010,596 100.00% $ 36,386,538 100.00% $ 22,688,485 14,062,734 Wells Fargo Bank Checking Water Operating 262,864 95,705 Sewer Operating 191,547 268,977 454,412 364,681 Totals $ 35,465,007 $ 36,751,219 Yorba Linda Water District Investment Portfolio Report December 31,2015 Market % Date of Percent Value Par of Total Institution Maturity Yield Checking Account: $ 364,681 $ 364,681 Wells Fargo Bank 85,871 85,871 Pershing $ 450,553 $ 450,553 1.23% Total 0.00°/% Money Market Accounts: $ 54,997 $ 54,997 Wells Fargo Money Market 0.03% 41,029 41,029 US Bank (Revenue Bonds) 0.02% 552,502 552,502 Bank of the West 0.08% $ 648,528 $ 648,528 1.76% Total 0.07% Federal Agency Securities: $ 498,025 $ 500,000 Fannie Mae 05/25/18 1.12% $ 495,740 500,000 Federal Home Loan Bank 06/12/18 1.00% $ 500,505 500,000 Fannie Mae 06/12/18 0.99% $ 498,385 500,000 Federal Home Loan Bank 06/13/18 1.10% $ 500,385 500,000 Federal Home Loan Bank 06/20/18 1.12% $ 2,112,018 $ 2,124,676 Federal Home Loan Bank 05/24/17 0.88% $ 4,605,058 $ 4,624,676 12.53% Total 0.98% Certificates of Deposits: $ 246,180 $ 248,000 CIT Bank,Salt Lake 05/22/18 1.20% $ 246,066 248,000 Discover 05/22/18 1.20% $ 245,379 248,000 Goldman Sachs Bank 05/22/18 1.21% $ 246,224 248,000 Beal Bank 05/23/18 1.00% $ 245,488 248,000 Wells Fargo 04/27/18 0.90% $ 246,788 247,000 Barclays Bank 04/30/18 0.70% $ 246,643 248,000 State Bank of India 05/14/18 1.15% $ 244,834 249,000 Webster Bank 05/03/18 0.91% $ 246,170 248,000 American Express Centurion Bank 05/23/18 1.20% $ 244,783 248,000 GE Capital Bank 05/24/18 1.11% $ 249,247 249,000 Merrick Bank 05/24/17 0.74% $ 248,246 248,000 BMW Bank 05/24/17 0.89% $ 249,139 249,000 Firstbank Puerto Rico 05/24/16 0.74% $ 245,417 249,000 Oriental Bank&Trust 05/29/18 1.06% $ 245,111 249,000 Silvergate Bank 05/30/18 1.01% $ 245,111 249,000 Enterprise Bank&TR Co Lowell 05/30/18 1.01% $ 245,111 249,000 Safra National Bank 05/31/18 1.01% $ 244,134 248,000 Townebank Portsmouth 05/31/18 1.01% $ 245,126 249,000 Mascoma Savings Bank 05/29/18 1.01% $ 99,701 100,000 Ally Bank Midvale Utah 12/11/17 1.55% $ 4,774,895 $ 4,819,000 12.99% Total 1.01% Pooledlnvestment Accounts: $ 9,066,717 $ 9,066,717 Local Agency Investment Fund 0.40% 4,320 4,325 Ca1TRUST Short Term 0.56% 17,201,148 17,283,895 Ca1TRUST Medium Term 0.92% $ 26,272,186 $ 26,354,937 71.49% 0.74% $ 36,751,219 $ 36,897,694 100% Total Investments 0.79% Per Government Code requirements,the Investment Report is in compliance with the Yorba Linda Water District's Investment Policy,and there are adequate funds available to meet budgeted and actual expenditures for the next six months. Kelly D.McCann,Senior Accountant 12/31/15 ITEM NO. 6.3 AGENDA REPORT Meeting Date: January 28, 2016 To: Board of Directors From: Marc Marcantonio, General Manager Presented By: Delia Lugo, Finance Manager Dept: Finance Prepared By: Richard Cabadas, Accounting Assistant I Subject: Directors and General Manager Fees and Expenses Report for Second Quarter FY 2015/16 i SUMMARY: Presented are the Second Quarter Directors and General Manager Fees and Expenses Report for FY 2015/16. STAFF RECOMMENDATION: That the Board of Directors receive and file the Directors and General Manager Fees and Expenses Report for Second Quarter FY 2015/16. ATTACHMENTS: Description: Type: Travel Expense Report.pdf Travel and Expense Detail-2nd Qtr FY 2015-16 Backup Material BOD GM YTD FY 2015-16.pdf BOD GM YTD FYE 2016 Backup Material BOD GM Qtr Summary.pdf BOD GM QTR Summary Backup Material DIRECTOR'S & GENERAL MANAGER'S RECAP OF TRAVEL /CONFERENCE EXPENSES SECOND QUARTER OF FY 2015 -16 OCTOBER - DECEMBER 2015 GL Director Date Trip Date Trip Name Trip Location Meals Lodging Travel Event/ Conf. Fee Misc. Total trip Total Beverage 10/12/15 9/2/15 OCSD - Operations Committee Fountain Valley, CA $ $ $ 26 $ $ - $ 26 10/29/15 10/06 & 10/28 OCSD - Operations & Board meeting Fountain Valley, CA $ $ $ 52 $ $ - $ 52 11/17/15 12/16 -18/15 CRWUA Conference Las Vegas, NV $ 92 $ 332 $ - $ 425 $ 20 $ 869 11/30/15 11/04&11/18 OCSD - Operations & Board meeting Fountain Valley, CA $ $ - $ 52 $ - $ - $ 52 $ $ $ 100 $ - $ - $ 100 Total GM $ - $ 998 Collett $ $ $ Marcantonio 10/12/15 9/1 -30/15 Meetings at various locations. 10/28/15 10/22/15 ISDOC Quarterly meeting 10/29/15 10/1 -31/15 Meetings at various locations. 11/30/15 12/18 & 12/19 10/28/15 10/22/15 ISDOC Quarterly meeting Fountain Valley, CA $ 17 $ $ $ $ - $ 17 12/1 -31/15 Meetings at various locations. 42 Sacramento, CA $ 91 $ 401 $ 466 $ $ - $ 957 Fountain Valley, CA $ - $ $ 17 Hawkins $ 225 San Diego, CA $ $ $ $ $ $ $ - $ $ $ $ 100 $ - $ - $ 100 Total GM $ 108 $ 401 $ Kiley $ 905 $ - $ 2,104 $ 2,104 10/28/15 10/22/15 ISDOC Quarterly meeting Fountain Valley, CA $ 17 $ $ $ $ - $ 17 10/29/15 10/2/15 WACO - Meeting Fountain Valley, CA $ $ $ 26 $ $ - $ 26 12/11/15 12/1 -3/15 ACWA Fall Conference Indian Wells, CA $ $ 701 $ 242 $ $ 10 $ 953 12/14/15 2/10 -12/16 UWI Conference Palm Springs, CA $ $ 174 $ - $ 475 $ - $ 649 $ - $ 1,645 Melton 11/17/15 12/16 -18/15 CRWUA Conference Las Vegas, NV $ 96 $ 332 $ 292 $ 425 $ - $ 1,145 $ $ 1,145 General Manager $ $ $ Marcantonio 10/12/15 9/1 -30/15 Meetings at various locations. 10/28/15 10/22/15 ISDOC Quarterly meeting 10/29/15 10/1 -31/15 Meetings at various locations. 11/30/15 12/18 & 12/19 MWDOC meeting 12/11/15 12/6 -8/15 SWRCB Workshop meeting 12/30/15 2/9/16 CSDA - Rate Setting Workshop 12/30/15 2/24 -26/16 WEF Utility Management Conference 12/31/15 12/1 -31/15 Meetings at various locations. Total Director's $ 223 $ 1,538 $ 690 $ 1,325 $ 30 $ 3,805 $ 3,805 Multiple Locations $ $ $ 29 $ $ - $ 29 Fountain Valley, CA $ 17 $ $ - $ $ - $ 17 Multiple Locations $ $ $ 54 $ $ - $ 54 Fountain Valley $ $ $ 42 $ $ - $ 42 Sacramento, CA $ 91 $ 401 $ 466 $ $ - $ 957 Fountain Valley, CA $ $ - $ - $ 225 $ - $ 225 San Diego, CA $ $ $ - $ 680 $ - $ 680 Multiple Locations $ $ $ 100 $ - $ - $ 100 Total GM $ 108 $ 401 $ 691 $ 905 $ - $ 2,104 $ 2,104 Total Director's & GM $ 330 $ 1,939 $ 1,380 $ 2,230 $ 30 $ 5,909 $ 5,909 YORBA LINDA WATER DISTRICT DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES YEAR -TO -DATE REPORT FROM 07 -01 -2015 TO 12 -31 -2015 FISCAL YEAR 2015 -2016 BEVERAGE COLLETT HAWKINS KILEY MELTON SUB -TOTAL MARCANTONIO TOTAL DIRECTORS: REGULAR MEETINGS ATTENDED 12 11 11 12 10 56 COMMITTEE MEETINGS ATTENDED 6 13 0 2 5 26 OFF SITE MEETINGS ATTENDED 15 8 10 14 10 57 SPECIAL MEETINGS ATTENDED 6 6 6 5 5 28 OTHER MEETINGS ATTENDED 5 5 2 14 6 32 TOTAL MEETINGS ATTENDED YTD 44 43 29 47 36 199 199 DIRECTOR FEES YTD $6,600 $6,450 $4,350 $7,050 $5,400 $29,850 $29,850 MEETING FEES BUDGET YTD $9,000 $9,000 $9,000 $9,000 $9,000 $45,000 $45,000 TRAVEL & CONFERENCES EXPENSES YTD $1,016 $64 $51 $4,476 $1,145 $6,752 $6,752 TRAVEL & CONFERENCE BUDGET YTD $1,660 $1,660 $1,660 $1,660 $1,660 $8,300 $8,300 TOTAL DIRECTORS FEES & EXPENSES YTD $7,616 $6,514 $4,401 $11,526 $6,545 $36,602 $36,602 TOTAL FEES & EXPENSES BUDGET YTD $10,660 $10,660 $10,660 $10,660 $10,660 $53,300 $53,300 GENERAL MANAGER EXPENSES YTD GENERAL MANAGER TRAVEL & CONFERENCE BUDGET YTD $2,798 $2,798 $7,363 $7,363 TOTAL FEES & EXPENSES YTD $7,616 $6,514 $4,401 $11,526 $6,545 $36,602 $2,798 $39,400 TOTAL FEES & EXPENSES BUDGET YTD $10,660 $10,660 $10,660 $10,660 $10,660 $53,300 $7,363 $60,663 YORBA LINDA WATER DISTRICT DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES 2ND QUARTER REPORT FROM 10 -01 -2015 TO 12 -31 -2015 FISCAL YEAR 2015 -2016 BEVERAGE COLLETT HAWKINS KILEY MELTON SUB -TOTAL MARCANTONIO TOTAL REGULAR MEETINGS ATTENDED 6 6 5 6 5 28 COMMITTEE MEETINGS ATTENDED 3 5 0 1 2 11 OFF SITE MEETINGS ATTENDED 8 3 5 6 4 26 SPECIAL MEETINGS ATTENDED 2 2 2 1 2 9 OTHER MEETINGS ATTENDED 3 1 2 7 5 18 TOTAL MEETINGS ATTENDED QTD 22 17 14 21 18 92 92 DIRECTOR FEES QTD $3,300 $2,550 $2,100 $3,150 $2,700 $13,800 $13,800 MEETING FEES BUDGET QTD $4,500 $4,500 $4,500 $4,500 $4,500 $22,500 $22,500 TRAVEL & CONF. EXPENSES QTD $998 $17 $0 $1,645 $1,145 $3,805 $3,805 TRAVEL & CONF. BUDGET QTD $830 $830 $830 $830 $830 $4,150 $4,150 DIR.FEES AND EXPENSES QTD $4,298 $2,567 $2,100 $4,795 $3,845 $17,605 $17,605 FEES AND EXPENSES BUDGET QTD $5,330 $5,330 $5,330 $5,330 $5,330 $26,650 $26,650 GEN MGR EXPENSES QTD $2,104 $2,104 GEN MGR TRAVEL/CONF. BUDGET QTD $3,681 $3,681 TOTAL FEES & EXPENSES QTD $4,298 $2,567 $2,100 $4,795 $3,845 $17,605 $2,104 $19,709 TOTAL FEES & EXPENSES BUDGET QTD $5,330 $5,330 $5,330 $5,330 $5,330 $26,650 $3,681 $30,331 ITEM NO. 6.4 AGENDA REPORT Meeting Date: January 28, 2016 Budgeted: Yes Total Budget: $2.3M To: Board of Directors Cost Estimate: $1,232,000 Funding Source: All Water Funds From: Marc Marcantonio, General Account No: 101-2700 Manager Job No: 2009-22 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Joe Polimino, Project Engineer CEQA Compliance: MND Subject: Progress Payment No. 1 for Construction of the Well No. 21 Well Head Equipping Project SUMMARY: Work has begun on construction of the Well No. 21 Well Head Equipping Project. It includes installation of a new well head, pump and electric motor, electrical controls and equipment, a concrete well pad, and approximately 700 lineal feet of 16-inch CML&C steel pipe. STAFF RECOMMENDATION: That the Board of Directors approve Progress Payment No. 1 in the net amount of $28,120.00 to Pascal & Ludwig Constructors for construction of the Well No. 21 Well Head Equipping Project, Job No. 2009-22. DISCUSSION: In accordance with the contract documents, Pascal & Ludwig Constructors submitted a request for Progress Payment No. 1, in the amount of $29,600.00 for completed work through December 31, 2015. During this period, the contractor mobilized equipment to the site and set up their storage trailers. They also cleared the site of weeds, brush and other debris and installed silt fencing along the alignment of the proposed pipeline. The status of the construction contract with Pascal & Ludwig Constructors is as follows: • The current contract is $910,487.00 and 365 calendar days starting November 2, 2015. • If approved, Progress Payment No. 1 is $29,600.00 (3.2% of the total contract amount), less 5% retention of $1,480.00 for a net payment of $28,120.00. • If approved, total payments to date including retention will be $29,600.00 (3.2% of the total contract amount). • As of December 31, 2015, 60 calendar days were used (16.4% of the contract time). Staff reviewed the contractor's progress payment and recommend approval. A copy of Progress Payment No. 1 is attached for your reference. PRIOR RELEVANT BOARD ACTION(S): On August 13, 2015, The Board of Directors awarded a Construction Contract for the Well No. 21 Wellhead Equipping Project to Pascal & Ludwig Constructors, Inc. for $910,487.00. ATTACHMENTS: Description: Type: P L Progress Pay Request 1.pdf P&L Progress Payment No. 1 for Well 21 Backup Material YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT Well 21 Wellhead Equipping PROGRESS PAY REQUEST NO. 001 LOCATION Anaheim, CA PROJECT NO. 200922 PAGE 1 OF 1 PAGES CONTRACTOR Pacal&Ludwig Constructors DATE 115116 ORIGINAL CONTRACT AMOUNT: $ 910,487.00 AUTHORIZED CHANGE ORDERS: $ - REVISED CONTRACT AMOUNT: $ 910,487.00 PROGRESS PAY ESTIMATE FOR PERIOD November 2,2015 TO December 31,2015 PREVIOUS THIS MONTH TO DATE VALUE OF WORK COMPLETED S - $ 29,600.00 $ 29,600.00 CHANGE ORDER WORK COMPLETED $ - $ - $ - TOTAL VALUE OF WORK COMPLETED $ - $ 29,600.00 $ 29,600.00 LESS RETENTION 5% $ - $ 28,120.00 $ 28,120.00 LESS OTHER DEDUCTIONS Electronic Wire Fees NET EARNED TO DATE $ 28,120.00 LESS AMOUNT PREVIOUSLY PAID $ - BALANCE DUE THIS ESTIMATE Is 28,120.00 NOTICE TO PROCEED November 2,2015 COMPLETION TIME 365 CALENDAR DAYS APPROVED TIME EXTENSIONS 0 CALENDAR DAYS TOTAL CONTRACT TIME 365 CALENDAR DAYS TIME EXPENDED TO DATE 60 CALENDAR DAYS TIME REMAINING 305 CALENDAR DAYS REQUESTED BY: DATE: Alan Ludwig,President,Pascal 8 onstructors RECOMMENDED: DATE: I I y Joe Poll Construction Supervisor,YLWD + 1 APPROVED BY: F, DATE: Steve Conklin,Engineering Manager,YLWD ITEM NO. 6.5 AGENDA REPORT Meeting Date: January 28, 2016 Budgeted: N/A To: Board of Directors Funding Source: Developer Funded From: Marc Marcantonio, General Account No: 1-2600 Manager Job No: 2016-01 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Ricardo Hipolito Jr., Engineering CEQA Compliance: N/A Tech II Subject: Terms and Conditions for Water and Single Sewer Service with ActivCare Living, Inc. SUMMARY: ActivCare Living, Inc. is proposing to redevelop an existing residential lot located at 4725 Valley View Avenue, Yorba Linda. The applicant is proposing to construct a one-story 26,350 square foot senior housing facility. The project will be constructed on a lot encompassing approximately 2 acres. An exhibit depicting the location of the project is attached. STAFF RECOMMENDATION: That the Board of Directors approve the Terms and Conditions for Water and Single Sewer Service with ActivCare Living, Inc., Job No. 2016-01. DISCUSSION: To accommodate the proposed development, the District has existing Zone 2 water facilities in Valley View Avenue and Orange Drive that are adequate in size and sufficient pressure to serve the project. The Orange County Fire Authority requires the building to be equipped with a private fire sprinkler system and an on site fire hydrant. The onsite water facilities will be privately owned and maintained. Other proposed water facilities include one water irrigation service line, one public hydrant and one double-check detector assembly for their fire system. Regarding sewer service, the property is located within Drainage Area "2". The applicant is planning to construct a 4-inch sewer lateral that will connect to the District's existing sewer facilities in Valley View Avenue. The existing sewer facilities are adequate in size to meet the demands of this project. The Terms and Conditions with ActivCare Living, Inc. for water and single sewer service to the assisted care facility, Job 2016-01, are attached for your consideration. ATTACHMENTS: Description: Type: Terms and Conditions for Water&Single Sewer Service 2016-01 T C.pdf Backup Material with ActivCare Living, Inc. 2016-01 EXHIBIT.pdf Exhibit of Proposed Water&Sewer Service for Backup Material ActivCare Living, Inc. Date: JANUARY 28, 2016 YORBA LINDA WATER DISTRICT TERMS AND CONDITIONS FOR WATER AND SEWER SERVICE NAME OF APPLICANT: ACTIVCARE LIVING, INC. LOCATION OF PROJECT: 4725 VALLEY VIEW AVENUE, YORBA LINDA, CA TRACT NUMBER: N/A JOB NUMBER: 2016-01 UNIT(S): 60 BED The applicant will be required to complete to the satisfaction of the District the following items that have an "X" following the number. 1) X The applicant shall provide the District with a copy of the Grant Deed or Title Report of the property to be served. 2) X The applicant shall include information deemed necessary by the District in the event the applicant is required to file a Department of Real Estate Tax Disclosure statement. 3) The applicant shall provide to all purchasers of the homes a statement that the home is located within Improvement District No. 1 and that the home is subject to a property tax over and above the normal 1% Basic Tax Levy to pay for Production, Storage, and Transmission water facilities serving Improvement District No. I. 4) The applicant shall provide to all purchasers of the homes a statement that the home is located within Improvement District No. 2 and that the home is subject to a property tax over and above the normal 1% Basic Tax Levy to pay for Production, Storage, and Transmission water facilities serving Improvement District No. 2. 5) X The applicant shall submit two (2) sets of the improvement plans to the District for plan check processing. a) Improvement Plans b) Grading Plans c) Tract, Parcel or Vesting Map d) Landscaping Plans 6) X Improvement Plans submitted for plan check shall comply with the submittal requirements established by the YLWD Engineering Department. 7) X The applicant shall dedicate or obtain all easements deemed necessary by the District in accordance with the Rules and Regulations of the District. All easement documents shall be prepared under the supervision of and stamped by a Professional Land Surveyor or a Registered Civil Engineer Page 2 of 5 NAME OF APPLICANT: ACTIVCARE LIVING, INC. LOCATION OF PROJECT: 4725 VALLEY VIEW AVENUE,YORBA LINDA,CA (licensed prior to January 1, 1982) licensed to practice in the State of California. 8) X The applicant shall provide the District with a copy of the Recorded Tract/Parcel Map(s) or Easement Documents illustrating all District easements required by Term and Condition No. 7, prior to requesting occupancy releases. 9) X The applicant shall prepare and process all easements to be quitclaimed by the District in accordance with the Rules and Regulations of the District. 10) X The applicant shall furnish the District with a 24-hour emergency telephone number prior to the District's approval of the construction plans. 11) X The applicant shall notify the District 48 hours prior to initiating any work related to required or proposed improvements. 12) X The applicant shall complete a Temporary Construction Meter Permit application for all water to be used in construction work and all water used under such permit shall be taken from the approved construction meter. 13) X The applicant shall provide per the District specifications one complete set of "As Built" mylars and electronic copy of ACAD drawings (version 2008 or later) for the Water facilities. 14) X The applicant shall complete an Application to and Agreement for Water Service. 15) X The applicant shall pay all of the water fees as required by the Rules and Regulations of the District. 16) X The applicant shall pay meter fees associated with the installation of radio read meters for this project. 17) X The applicant shall comply with the Rules and Regulations of the Yorba Linda Water District with regard to the Rendition of Water Service. 18) X The applicant shall provide the District with a set of plans stamped and approved by the Orange County Fire Authority, or fire agency having jurisdiction, that identifies approved fire hydrant locations. Such approved plan must be submitted to the District before staff will initiate a District plan check for water improvements. 19) X The applicant shall have all water facilities designed in accordance with the District's Water Facilities Plan and the District's Standard Specifications. All design plans shall be prepared under the supervision of and stamped by a Registered Civil Engineer licensed to practice in the State of California. Page 3 of 5 NAME OF APPLICANT: ACTIVCARE LIVING, INC. LOCATION OF PROJECT: 4725 VALLEY VIEW AVENUE,YORBA LINDA,CA 20) The applicant's water facilities (on-site) shall be District owned and maintained. 21) X The applicant shall be required to conduct flow tests at their cost in the event the Orange County Fire Authority requires a flow test. A District representative shall be present to witness the flow test. 22) X The applicant shall comply with all additional District requirements, relative to the fire protection system, fire hydrant construction and fire hydrant locations. 23) The applicant shall install one 1 water Sampling Station(s) in conformance with the District's Standard Plans. 24) X The applicant shall provide a completed Surety Bond for the water facilities prior to the District signing the Water Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed water facilities. 25) X The applicant shall install the curb and gutters a minimum of one week prior to the installation of the water main and services. 26) X All existing water services that are not useable in the new plan shall be cut and plugged at the main line. 27) X The applicant shall coordinate through the District all connections of new water facilities to the existing District facilities. 28) X The applicant shall provide a written copy of the Bacteriological Report prior to occupancy releases certifying that the water meets the Health Department's requirements. 29) X The applicant shall adjust and raise to grade all valve covers within the limits of this project. 30) X The applicant shall install a pressure regulator in all dwellings that have over 80 p.s.i. static water pressure in accordance with the appropriate building codes. 31) X The applicant shall complete a Temporary Water Permit for all water that will be used through the new water services to serve the new dwellings. 32) X The applicant shall install a District approved backflow device in connection with any private fire suppression sprinkler facilities that may be required by the Orange County Fire Authority or fire agency having jurisdiction. 33) X The applicant shall install a reduced pressure principle backflow prevention device on all commercial buildings and landscape services. Page 4 of 5 NAME OF APPLICANT: ACTIVCARE LIVING, INC. LOCATION OF PROJECT: 4725 VALLEY VIEW AVENUE,YORBA LINDA,CA 34) X The applicant shall install and provide a written test report to the District for each backflow device certifying that the backflow devices are operating properly prior to the water meters being turned on for service. 35) X The applicant shall install and provide a written test report to the District certifying that the double check detector assembly is operating properly prior to the double check detector assembly being turned on for service. 36) X The applicant shall provide an annual written test report to the District certifying that the backflow devices and fire detector assemblies are operating properly pursuant to the District's Backflow Prevention Program and the State of California Administrative Code, Title 17, Public Health Rules and Regulations Relating to Cross-Connections. 37) X The applicant shall complete a Sewer Connection Application and Permit for Sewer Service. 38) The applicant shall complete an Application to and Agreement for Sewer Service. 39) X The applicant shall comply with the Rules and Regulations of the Yorba Linda Water District with regard to the Rendition of Sanitary Sewer Service. 40) X The applicant shall pay all of the sewer fees as required by the Rules and Regulations of the District. 41) The applicant shall have all sewer facilities designed in accordance with the District's Sewer Master Plan and Standard Specifications. All design plans shall be prepared under the supervision of and stamped by a Registered Civil Engineer licensed to practice in the State of California. 42) The applicant shall provide a completed Surety Bond for the sewer facilities prior to the District signing the Sewer Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed sewer facilities. 43) The applicant's sewer facilities (on-site) shall be District owned and maintained. 44) The applicant shall construct a sewer main and appurtenances in conformance with the approved plans and the District's Plans and Specifications. 45) The applicant shall adjust and raise to grade all sewer manhole covers within the limits of this project. 46) The applicant shall install a sewer backflow prevention valve on all sewer service connections in which the pad elevations of the property being served is lower than the rim elevation of the upstream manhole. Installation Page 5 of 5 NAME OF APPLICANT: ACTIVCARE LIVING, INC. LOCATION OF PROJECT: 4725 VALLEY VIEW AVENUE,YORBA LINDA,CA of the backflow device shall comply with all requirements of the Building and Plumbing Codes of the appropriate agency having jurisdiction. 47) The applicant shall submit a video inspection report of their sewer project in DVD format. The video of the sewer facilities shall be conducted in the presence of the District inspector, which will include stationing locations of manholes, cleanouts, wyes, laterals, backflow devices and appurtenances. (END OF STANDARD TERMS AND CONDITIONS) PROJECT SPECIFIC TERMS AND CONDITIONS 48) X The applicant shall install a new 1-inch water service for irrigation, two new hydrants, one fire protection line and one new fire double check detector assembly, per approved plans and District Specification. 49) X The applicant will be required to complete a standard single sewer application and install a 4-inch sewer service, per approved plans and District Specifications. I hereby certify that the foregoing Terms and Conditions were approved at the January 28, 2016 Regular Meeting of the Board of Directors of the Yorba Linda Water District. The approved Terms and Conditions shall become void six (6) months from the approval date if a formal Application To and Agreement with the Yorba Linda Water District for Water and Sewer Service is not executed for the project under consideration. Marc Marcantonio, General Manager Ij I I I I I I I I I I I I —I I I I I I I II I �I I I I I I I I� — — — w EXIST. 2" DOM.- WATER SERVICE LOCATION MAP PROPOSED 1" IRRIG. WATER SERVICE IIII ORANGE TERRACE I LL2 Cm �' IL U U) I I� cn co I la I I I I II V) U) I EL CAJON AVE. z Z`' z a 3 w r J APPLE ORCHARD Ja DRIVE SUNWEST CIRCLE ORANGE TERRACE ORANGE DRIVE S'1 1 T E 0 a° I VICINITY MAP NTS PREPARED BY: EXHIBIT SCALE: WATER & SEWER SERVICE N.T.S. 0 L YORBA LINDA WATER DISTRICT DATE: FOR 4622 PLUMOSA DRIVE ACTVICARE YORBA LINDA 01/28/2016 YORBA LINDA, CALIFORNIA 92886 4725 VALLEY VIEW AVE. FILENAME: (714) 777 -3748 YORBA LINDA, CA 92886 J2016 -01 ITEM NO. 7.1 AGENDA REPORT Meeting Date: January 28, 2016 Budgeted: Yes Total Budget: $250,000 To: Board of Directors Cost Estimate: $250,000 Funding Source: Sewer Operating Fund From: Marc Marcantonio, General Account No: 2-5030-0730-59 Manager Job No: 2015-10S Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Bryan Hong, Associate Engineer CEQA Compliance: N/A Subject: Construction Contract Award for the 2016 Sewer Main CIPP Rehabilitation Project SUMMARY: On January 20, 2016, bids were received from 4 contractors for construction of the 2016 Sewer Main CIPP Rehabilitation Project. Following review of the bids, staff recommends award to the low- bidder, Burtech Pipeline, Inc. for $189,823.75. STAFF RECOMMENDATION: That the Board of Directors award the Construction Contract for the 2016 Sewer Main CIPP Rehabilitation Project to Burtech Pipeline, Inc. for $189,823.75, Job No. 2015-10S. DISCUSSION: On December 8, 2015 the District solicited bids for the rehabilitation of approximately 3,700 linear feet of sanitary sewer mains using trenchless cured-in-place-pipe (CIPP) technology. The project also includes rehabilitation of sewer manholes and abandonment of sewer pipe. On January 20, 2016, sealed bids were received from 4 contractors in a highly competitive bidding climate. District staff determined an Engineer's Estimate of $250,000. The 4 bids ranged from a low of$189,823.75 to a high of $218,603.00, as shown in the summary below. No. Contractor Total Bid Amount 1 Burtech Pipeline, Inc. $189,823.75 2 Insituform Technologies, LLC $206,068.00 3 Southwest Pipeline and $209,863.50 Trenchless Corp. 4 ISancon Technologies, Inc. $218,603.00 The bid tabulation and bid documents from the low bidder, Burtech Pipeline, Inc., were reviewed and confirmed by District staff and found to be responsive and fully in order. Accordingly, staff recommends award to Burtech Pipeline, Inc. STRATEGIC PLAN: SR 3-B: Continue Planning for Long Term Capital Improvements and Replacements into the future PRIOR RELEVANT BOARD ACTION(S): On June 25, 2015, the Board approved the 2016 Sewer Main CIPP Rehabilitation Project as part of the Sewer Operation and Maintenance Budget in the Annual Operating Budget for FY 2015/16. ATTACHMENTS: Description: Type: Material Distributed Less Than 72 Hours Prior to the Revised Agenda Report.pdf Meeting Backup Material Material Distributed Less Than 72 Hours Prior to the Meeting ITEM NO. 7.1 AGENDA REPORT REVISED Meeting Date: January 28, 2016 Budgeted: Yes Total Budget: $250,000 To: Board of Directors Cost Estimate: $250,000 Funding Source: Sewer Operating Fund From: Marc Marcantonio, General Account No: 2-5030-0730-59 Manager Job No: 2015-10S Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Bryan Hong, Associate Engineer CEQA Compliance: N/A Subject: Construction Contract Award for the 2016 Sewer Main CIPP Rehabilitation Project i SUMMARY: On January 20, 2016, bids were received from 4 contractors for construction of the 2016 Sewer Main CIPP Rehabilitation Project. Following review of the bids, and follow-up discussion with and review of documentation provided by the low-bidder, staff recommends award to the low- bidder, Burtech Pipeline, Inc. for$189,823.75. STAFF RECOMMENDATION: That the Board of Directors find that the bid package of Burtech Pipeline, Inc. substantially complies with the purposes and requirements of State law and the bid documents, that the District waives any informality in the Burtech Pipeline bid documents, and awards the Construction Contract for the 2016 Sewer Main CIPP Rehabilitation Project to Burtech Pipeline, Inc. for$189,823.75, Job No. 2015-10S. DISCUSSION: On December 8, 2015 the District solicited bids for the rehabilitation of approximately 3,700 linear feet of sanitary sewer mains using trenchless cured-in-place-pipe (CIPP) technology. The project also includes rehabilitation of sewer manholes and abandonment of sewer pipe. On January 20, 2016, sealed bids were received from 4 contractors in a highly competitive bidding climate. District staff determined an Engineer's Estimate of $250,000. The 4 bids ranged from a low of$189,823.75 to a high of$218,603.00, as shown in the summary below. Material Distributed Less Than 72 Hours Prior to the Meeting No. Contractor Total Bid Amount 1 Burtech Pipeline, Inc. $189,823.75 2 Insituform Technologies, LLC $206,068.00 3 Southwest Pipeline and Trenchless Corp. 1$209,863.50 Sancon Technologies, Inc. 1$218,603.00 Following the opening of the four bids, District staff was requested by those at the bid opening to name the suppliers and subcontractors listed in the bid package by the low bidder, Burtech Pipeline. That information was verbally provided to the attendees. Later in the afternoon of January 20, an email was received from the second-low bidder, Insituform Technologies, LLC, claiming that, from information available to them, that Burtech did not have the experience specified for the CIPP installation nor that for the manhole rehabilitation work. That is, Burtech did not list subcontractors in its bid for these work items. On January 21 , District staff had a telephone conversation with Mr. Dominic Durazo, Operations Manager at Nu-Line Technologies, LLC. He confirmed in the attached letter that Burtech Pipeline Inc and Nu-Line Technologies, LLC are fully owned and operated by Dominic Burtech. Further, he confirmed that the CIPP lining work would be performed by Burtech Pipeline employees, and that the manhole rehabilitation aspect of the project will be supplied and performed by Zebron Corporation. This latter statement regarding the work by Zebron was consistent with the Burtech bid document which listed Zebron Corporation as the supplier of the manhole liner for the repair work. The informality in the Burtech bid is that they did not list Zebron as the subcontractor for the installation of the manhole liners. Burtech, however, did list Zebron as the supplier of the material for the manhole liners in the bid documents. Further, in a letter to the District dated January 21 , 2016, Burtech confirmed that Zebron Corporation will be the supplier and will perform the installation of the manhole liners. It is the opinion of District staff and District legal counsel that the combination of the bid package and the letter of January 21 to the District shows that Burtech substantially complies with the purposes and requirements of Sections 4100-4114 of the Public Contract Code relative to the listing of subcontractors. The other aspects of the bid tabulation and bid documents from the low bidder, Burtech Pipeline, Inc., were reviewed and confirmed by District staff and found to be responsive and fully in order. Accordingly, staff recommends award to Burtech Pipeline, Inc. STRATEGIC PLAN: SR 3-13: Continue Planning for Long Term Capital Improvements and Replacements into the future PRIOR RELEVANT BOARD ACTION(S): On June 25, 2015, the Board approved the 2016 Sewer Main CIPP Rehabilitation Project as part of the Sewer Operation and Maintenance Budget in the Annual Operating Budget for FY 2015/16. Material Distributed Less Than 72 Hours Prior to the Meeting �RTECy l 102 Second Street Encinitas,Ca.92024 A/13rLlt i Ph: 760-634-2822 Fx: 760-634-2415 January 21, 2016 Mr. Steve Conklin Yorba Linda Water District 1717 E. Miraloma Avenue Placentia, CA 92870 RE: 2016 Sewer Main CIPP Rehabilitation Proiect SU: Additional Information As Requested Mr. Conklin, We would like to thank you in advance for the opportunity to bid on the above referenced project for Yorba Linda Water District. Burtech Pipeline Inc. and Nu-Line Technologies, LLC are fully owned and operated by Dominic Burtech, The CIPP lining on the project will be performed by Burtech Pipeline employees. The manhole rehabilitation aspect of the project will be supplied and performed by the Zebron Corporation. If you have any question please feel free to call. Sincerely, Dominic Burtech Owner Burtech Pip i e Inc. cc: Frank Durazo — Operation's Manager— Nu-Line Technologies, LLC EQUAL OPPORTUNITY EMPLOYER ITEM NO. 7.2 AGENDA REPORT Meeting Date: January 28, 2016 Budgeted: No To: Board of Directors Cost Estimate: $34,292 Funding Source: Operating Funds From: Marc Marcantonio, General Account No: 1-4020-0780-36 Manager Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: Yes Prepared By: Steve Conklin, Engineering CEQA Compliance: N/A Manager Subject: Agreement for Water Loss Control Services SUMMARY: In December 2015, the MWDOC Board approved a contract with Water Systems Optimization, Inc. to provide Water Loss Control Technical Assistance to its member agencies. This assistance is intended to help agencies get a head start on compliance with Senate Bill 555, which mandates a validated distribution system water audit due by October 1, 2017. This effort will also help agencies comply with SB 1420, which requires a water audit in the 2015 Urban Water Management Plan (UWMP) currently under preparation. This program will use the same approach as with the preparation of the UWMP, where MWDOC staff provide oversight management and each participating agency (currently 30 MWDOC agencies) provides funding to MWDOC, who manages the consultant in the preparation of the water loss audit for each participant. A copy of the Agreement is attached. STAFF RECOMMENDATION: That the Board of Directors approve the Agreement for Sharing of Consultant Costs with the Municipal Water District of Orange County dated January 4, 2016 at a cost of $34,292, and direct the General Manager to execute that agreement. DISCUSSION: Senate Bill 555, approved by Governor Brown on October 9, 2015, mandates that each urban retail water supplier, on or before October 1, 2017, and on or before October 1 of each subsequent year, to submit a completed and validated water loss audit report to the Department of Water Resources. Further, the bill requires DWR to post all validated water loss audit reports on its website in a manner that allows for comparisons across water suppliers and to make those reports available for public viewing. The bill also requires the SWRCB, in the 2019-2020 time frame, to adopt rules requiring urban water suppliers to meet performance standards for the volume of water losses. As noted in the Summary, MWDOC will provide oversight management of the consultant and will lead the meetings of the combined group (currently 30 participating agencies). Work is scheduled to begin in February and will continue through to the fall of 2016. Utilizing this approach of one consultant retained through MWDOC and preparing 30 water loss audit reports complying with uniform guidelines is cost-effective and time-effective for the participating agencies. The estimated cost for YLWD for the preparation of its audit is $34,292. This cost was not budgeted. However, funding is available in Engineering Department, Planning and Design Division budget to cover this cost. ATTACHMENTS: Name: Description: Type: MWDOC Agmt Water Audit.pdf MWDOC Agmt Water Audit Backup Material AGREEMENT FOR SHARING CONSULTANT COSTS THIS AGREEMENT is made and entered into as of January 4, 2016, by and between the Municipal Water District of Orange County ("MWDOC") and 1. City of Anaheim 2. City of Brea 3. Buena Park 4. East Orange County Water District 5. El Toro Water District 6. Emerald Bay Services District 7. City of Fountain Valley 8. City of Fullerton 9. City of Garden Grove 10. Golden State Water Company 11. City of Huntington Beach 12. Irvine Ranch Water District 13. City of La Habra 14. City of La Palma 15. Laguna Beach County Water District 16. Mesa Water District 17. Moulton Niguel Water District 18. City of Newport Beach 19. City of Orange 20. City of San Clemente 21. City of San Juan Capistrano 22. City of Santa Ana 23. Santa Margarita Water District 24. City of Seal Beach 25. Serrano Water District 26. South Coast Water District 27. City of Tustin 28. Trabuco Canyon Water District 29. City of Westminster 30. Yorba Linda Water District (collectively "Participating Agencies" and individually "Participating Agency"). MWDOC and Participating Agency may be collectively referred to as "Parties" and individually as a "Party." RECITALS A. MWDOC offers its member agencies ("Member Agencies") the benefits of certain programs called choice services, which are services that MWDOC makes available to Member Agencies that they may elect to participate in or not ("Choice Services"). 1 28057.00001121505995.1 Cost Sharing Agreement B. If Member Agencies elect to receive Choice Services, they execute a cost sharing agreement with MWDOC that sets forth the terms and conditions for such Choice Services. C. The cost sharing component that MWDOC offers allows Member Agencies to obtain economies of scale and save money on such Choice Services. D. MWDOC has entered into a professional services agreement with Water Systems Optimization, Inc. ("WSO")for WSO to provide water loss control technical assistance to Member Agencies ("Consultant Agreement"). E. The water loss control technical assistance involves five tasks, which include project administration and progress reporting, technical assistance for the preparation of distribution system water audits, component analysis —volume and value of real and apparent losses, location and quantification of leaks, and final report preparation ("WS0 Services"). F. Participating Agencies may select tasks from the WSO Services that they want to receive and the selected tasks will be described for each Participating Agency in in Exhibit A to this Agreement. For clarity, Exhibit A includes a separate attachment for each Participating Agency that includes the selected tasks, total required payments and costs, and any additional information and requirements that are specific to each Participating Agency. Exhibit A may be periodically updated by letter agreement agreed to and executed by both of the Parties G. In addition to the WSO Services as part of the Choice Services, WSO will also assist MWDOC with establishing an Orange County Water Loss Control Committee for the benefit of the Member Agencies. This service is part of MWDOC's Core Services and is not included in this Agreement. H. The Parties desire to enter into this Agreement whereby MWDOC will provide project management and coordination assistance and the Participating Agencies will pay MWDOC the cost to receive the WSO Services that each Participating Agency elects to receive. TERMS 1. Administration of Consultant Agreement 1.1 MWDOC will provide project management assistance in regards to the WSO Services, which includes working closely with and managing WSO to ensure compliance with the WSO Agreement, facilitating interactions between the Participating Agencies and WSO, and communicating regularly with the Participating Agencies regarding the WSO Services as needed. 28057.00001121505995.1 2 Cost Sharing Agreement 1.2 MWDOC shall make payments to the Consultant on a time and materials basis per the terms of the Consultant Agreement. A copy of the Consultant Agreement is attached as Exhibit B. 1.3 Each Participating Agency shall provide all documents, information and assistance requested by the Consultant during the performance of the Consultant Agreement. 1.4 Exhibit A is incorporated into this Agreement by reference and includes a separate attachment for each Participating Agency that includes the selected tasks, total required payments and costs, and any additional information and requirements that are specific to each Participating Agency. 1.5 Exhibit A may be updated as Member Agencies execute this Agreement and become Participating Agencies or pursuant to mutual agreement between a respective Participating Agency and MWOOC. 2. Cost Sharing by Participating Agencies. 2.1 MWDOC shall: 2.1.1 Collect from each Participating Agency upon execution of this Agreement the amount indicated in Exhibit A that is specific to each Participating Agency, which is the total cost of the selected WSO Services for each Participating Agency. 2.1.2 Inform the Participating Agency or Agencies of any proposed extra work under the Consultant Agreement that would result in an increase in the payments under this Agreement. MWDOC and the Participating Agency or Agencies must both approve such extra work before MWDOC will notify Consultant to proceed with the work. 2.1.3 Prepare a final accounting and either distribute any remaining funds collected from Participating Agencies back to the Participating Agencies consistent with the amounts in Exhibit A or issue a final bill to the Participating Agencies where there are funds due. 2.2 Participating Agencies shall: 2.2.1 Pay to MWDOC upon execution of this Agreement the full amount indicated in Exhibit A that is specific to each respective Participating Agency. 2.2.2 Pay to MWDOC, upon approval of any extra work under the Consultant Agreement, the full amount owed for any extra approved work. 28057.00001121505995.1 3 Cost Sharing Agreement Participating Agencies shall bear all costs associated with extra work they approves. 3. Accounting Upon request of Participating Agencies, MWDOC will provide copies of the Consultant's invoices and MWDOC's payment records. 4. Independent Contractor The Consultant is not a party to this Agreement and is not an employee or agent of MWDOC or any of the Participating Agencies, either as a result of this Agreement or as a result of the Consultant Agreement between MWDOC and the Consultant. The Consultant is an independent contractor to MWDOC. 5. Warranty and Indemnification MWDOC shall use its best efforts in administering the Consultant Agreement, but makes no representations, guarantees or warranties to the Participating Agencies as to the quality or timeliness of work product provided by the Consultant pursuant to the Consultant Agreement. The Participating Agencies agree to indemnify MWDOC, its directors, officers, employees and agents against, and will hold and save them harmless from, any and all actions, claims, penalties, obligations or liabilities, in law or in equity, of every kind or nature whatsoever, that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in any manner directly or indirectly connected with the Consultant Agreement or WSO Services provided for the benefit of the Participating Agencies. 6. Notice Any notice or communication required to be given under this Agreement shall be in writing and effective when deposited, first class postage prepaid, with the United States Postal Service addressed to the contracting Parties as follows: Notices to Parties If to: 1. MWDOC Robert J. Hunter, General Manager Municipal Water District of Orange County 18700 Ward St. P.O. Box 20895 Fountain Valley, CA 92728 28057.00001\21505995.1 4 Cost Sharing Agreement Notices to Parties 2. City of Anaheim Paul Emery, City Manager City of Anaheim City Hall East, 200 S. Anaheim Blvd. Anaheim, CA 92805 3. City of Brea Tom O'Donnell, City Manager City of Brea 1 Civic Center Circle Brea, CA 92821 4. City of Buena Park Rick Warsinski, City Manager City of Buena Park 6650 Beach Blvd. Buena Park, CA 90622 5. East Orange County Water Lisa Ohlund, General Manager District East Orange County Water District 185 N. McPherson Rd. Orange, CA 92869 6. El Toro Water District Robert Hill, General Manager El Toro Water District P.O. Box 4000 La una Hills, CA 92654 7. Emerald Bay Services Mike Dunbar, General Manager District Emerald Bay Services District 600 Emerald Bay Laguna Beach, CA 92651 8. City of Fountain Valley Bob Hall, City Manager City of Fountain Valley 10200 Slater Avenue Fountain Valley, CA 92708 9. City of Fullerton Donald Hoppe, Director of Engineering City of Fullerton 303 W. Commonwealth Avenue Fullerton, CA 92832-1775 10. City of Garden Grove Matthew Fertal, City Manager City of Garden Grove P.O. Box 3070 Garden Grove, CA 92842 11. Golden State Water Ken Vecchiarelli, P.E. Company Orange County District Manager Golden State Water Company 1920 W. Corporate Way Anaheim, CA 92801 12. City of Huntington Beach .Fred Wilson, City Manager City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 28057.00001121505995.1 5 Cost Sharing Agreement Notices to Parties 13. Irvine Ranch Water District Paul Cook, General Manager Irvine Ranch Water District P.O. Box 57000 Irvine, CA 92619-7000 14. City of La Habra Don Hannah, City Manager City of La Habra P.O. Box 337 La Habra, CA 90633-0337 15. City of La Palma Dominic Lazzaretto, City Manager City of La Palma 7822 Walker Street La Palma, CA 90623 16. Laguna Beach County Renae Hinchey, General Manager Water District Laguna Beach County Water District P.O. Box 987 Laguna Beach, CA 92652 17. Mesa Water District Paul Shoenberger, General Manager Mesa Water District 1965 Placentia Avenue Costa Mesa, CA 92627-3420 18. Moulton Niguel Water Joone Lopez, General Manager District Moulton Niguel Water District 27500 La Paz Road P.O. Box 30203 Laguna Ni uel, CA 92607-0203 19. City of Newport Beach Dave Kiff, City Manager City of Newport Beach P.O. Box 1768 Newport Beach, CA 92663 20. City of Orange John Sibley, City Manager City of Orange P.O. Box 449 Orange, CA 92866 21. City of San Clemente James Makshanoff, City Manager City of San Clemente 100 Avenida Presidio San Clemente, CA 92672 22. City of San Juan Capistrano Karen Brust, City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 23. City of Santa Ana David Ream, City Manager City of Santa Ana P.O. Box 1988, M-24 Santa Ana, CA 92702 28057.00001121505995.1 6 Cost Sharing Agreement Notices to Parties 24. Santa Margarita Water Dan Ferons, General Manager District Santa Margarita Water District P.O. Box 7005 Mission Viejo, CA 92690 25. City of Seal Beach Jill R. Ingram, City Manager City of Seal Beach 211 8" Street Seal Beach, CA 90740 26. Serrano Water District Jerry Vilander, General Manager Serrano Water District 18021 Lincoln Street Villa Park, CA 92861-6446 27. South Coast Water District Andrew Brunhart, General Manager South Coast Water District 31592 West Street Laciuna Beach, CA 92651 28. City of Tustin Jeffrey Parker, City Manager City of Tustin 300 Centennial Way Tustin, CA 92780 29. Trabuco Canyon Water Hector Ruiz, General Manager District Trabuco Canyon Water District 32003 Dove Canyon Drive Trabuco Canyon, CA 92679 30. City of Westminster Eddie Manfro, City Manager City of Westminster 8200 Westminster Blvd. Westminster, CA 92683 31. Yorba Linda Water District Marc Marcantonio, General Manager Yorba Linda Water District 1717 E. Miraloma Placentia, CA 92870 7. Jurisdiction and Venue In all matters concerning the validity, interpretation, performance, or effect of this Agreement, the laws of the State of California shall govern and be applicable. The Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that venue of any action brought hereunder shall be in Orange County, California. 8. Joint Drafting All parties have participated in the drafting of this Agreement. The Agreement may be signed in counterpart to facilitate processing. 28057.00001121505995.1 7 Cost Sharing Agreement 9. Severabilitv If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, the legality, validity, and enforceability of the remaining provisions shall not be affected thereby. 10.Entire Agreement This Agreement contains the entire agreement of the Parties relating to the subject matter hereof; and the Parties have made no agreements, representations, or warranties, either written or oral, relating to the subject matter hereof that are not set forth herein. Except as provided herein, this Agreement may not be modified or altered without prior written approval from both parties. IN WITNESS WHEREOF, the Parties have hereunto affixed their names as of the day and year thereinafter written, which shall be and is the effective date of This Agreement. Execution of Agreement by Parties 1. MWDOC Date By: Robert J. Hunter, General Manager Municipal Water District of Orange County Approved as to Form: Date By: Joseph Byrne General Counsel 28057.00001121505995.1 8 Cost Sharing Agreement Execution of Agreement by Parties 31. Yorba Linda Water District Date By: Marc Marcantonio, General Manager Yorba Linda Water District Approved as to Form: Date By: General Counsel 28057.00001\21505995.1 22 Cost Sharing Agreement Exhibit A Participating Agency:Yorba Linda Water District Cost Sheet for Selected Water Loss Control Services from Water Systems Optimization, Inc. Tasks: Selected Water Loss Control Services Task 1b& 1c—Project Administration and Progress Reporting $1,672 Task 2—Technical Assistance for Preparation of Top-Down" Distribution System Water Audits $6,620 (Range=$3,560-$6,620) Task 3—Component Analysis:Volume and Value of Real and Apparent Losses $17,600 (Range= $17,600-$29,700) Task 4—Locate and Quantify Leaks 25—50 miles=$400/mile Miles= N/A 50—100 miles =$350/mile $ N/A 101+ miles=$300/mile Task 5—Report Preparation (Range =$4,200-$8,400) $8,400 Total: $34,292 This Cost Sheet may be updated upon mutual consent of the parties as indicated in writing. Date: Date: By: By: Robert J. Hunter,General Manager Marc Marcantonio, General Manager Municipal Water District of Orange County Yorba Linda Water District 28057.00001121505995.1 23 Cost Sharing Agreement Exhibit B Consultant Agreement between MWDOC and Water Systems Optimization,Inc. Provided Separately 28057.00001121505995.1 24 STANDARD AGREEMENT FOR CONSULTANT SERVICES This AGREEMENT for consulting services dated December 3. 2015, which includes all exhibits and attachments hereto, "AGREEMENT" is made on the last day executed below by and between MUNICIPAL WATER DISTRICT OF ORANGE COUNTY, hereinafter referred to as "DISTRICT," and, WATER SYSTEM OPTIMIZATION, INC. hereinafter referred to as "CONSULTANT" for water loss control system technical services, including retail water agency distribution system audits, component analysis, and leak detection, hereinafter referred to as "SERVICES."' DISTRICT and CONSULTANT are also referred to collectively herein as the "PARTIES" and individually as "PARTY". The PARTIES agree as follows: I PURPOSE AND SCOPE OF WORK A. Consulting Work DISTRICT hereby contracts with CONSULTANT to provide general or special SERVICES as more specifically set forth in Exhibit "B" attached hereto and incorporated herein. Tasks other than those specifically described therein shall not be performed without prior written approval of DISTRICT's General Manager. B. Independent Contractor CONSULTANT is retained as an independent contractor for the sole purpose of rendering professional and/or special SERVICES described herein and is not an agent or employee of DISTRICT. CONSULTANT shall be solely responsible for the payment of all federal, state and local income tax, social security tax, Workers' Compensation insurance, state disability insurance, and any other taxes or insurance CONSULTANT, as an independent contractor, is responsible for paying under federal, state or local law. CONSULTANT is thus not eligible to receive workers' compensation, medical, indemnity or retirement benefits, including but not limited to enrollment in CaIPERS. Unless, expressly provided herein, CONSULTANT is not eligible to receive overtime, vacation or sick pay. CONSULTANT shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of DISTRICT. CONSULTANT shall have the sole and absolute discretion in determining the methods, details and means of performing the SERVICES required by DISTRICT. CONSULTANT shall furnish, at his/her own expense, all labor, materials, equipment and transportation necessary for the successful completion of the SERVICES to be performed under this AGREEMENT. DISTRICT shall not have any right to direct the methods, details and means of the SERVICES; however, CONSULTANT must receive prior written approval from DISTRICT before using any sub-consultants for SERVICES under this AGREEMENT. CONSULTANT represents and warrants that in the process of hiring CONSULTANT's employees who participate in the performance of SERVICES, CONSULTANT conducts such lawful screening of those employees (including, but not limited to, background checks and Megan's Law reviews) as are appropriate and standard for employees who provide SERVICES of the type contemplated by this Agreement. C. Changes in Scope of Work ' Pursuant to Section 8002 of the District's Administrative Code, the District's"Ethics Policy"set forth at sections 7100-7111 of the Administrative Code is attached hereto as Exhibit"A"and incorporated herein by this reference. 28057.00001121505831.1 If DISTRICT requires changes in the tasks or scope of work shown in Exhibit "B" or additional work not specified therein, DISTRICT shall prepare a written change order. If CONSULTANT believes work or materials are required outside the tasks or scope of work described in Exhibit "B," it shall submit a written request for a change order to the DISTRICT. A change order must be approved and signed by the PARTIES before CONSULTANT performs any work outside the scope of work shown in Exhibit "B." DISTRICT shall have no responsibility to compensate CONSULTANT for such work without an approved and signed change order. Change orders shall specify the change in the budgeted amount for SERVICES. II TERM This AGREEMENT shall commence upon the date of its execution and shall extend thereafter for the period specified in Exhibit"B" or until terminated on thirty (30) days notice as provided herein. III BUDGET, FEES, COSTS, BILLING, PAYMENT AND RECORDS A. Budgeted Amount for SERVICES - ONSULTANT is expected to-complete all SERVICES within the''Budgeted Amount set forth on Exhibit "B." The total compensation for the SERVICES to be performed under this AGREEMENT shall not exceed the Budgeted Amount unless modified as provided herein. Upon invoicing the DISTRICT 80% of the Budgeted Amount, CONSULTANT shall prepare and provide to DISTRICT a "cost to complete" estimate for the remaining SERVICES. The PARTIES shall work together to complete the project within the agreed-upon Budgeted Amount, but the obligation to complete the SERVICES within the Budgeted Amount lies with the CONSULTANT. B. Fees Fees shall be billed per the terms and conditions and at the rates set forth on Exhibit "B" for the term of the AGREEMENT. Should the term of the AGREEMENT extend beyond the period for which the rates are effective, the rates specified in Exhibit "B" shall continue to apply unless and until modified by consent of the PARTIES. C. Work and Payment Restriction CONSULTANT shall not perform-any work-pursuant to--this AGREEMENT-on behalf-of or for the-benefit of a member agency of the DISTRICT unless an executed agreement exists between the DISTRICT and the member agency of the DISTRICT for the provision of such SERVICES. CONSULTANT will not be paid pursuant to this Agreement for any work performed on behalf of or for the benefit of a member agency of the DISTRICT unless an executed agreement exists between the DISTRICT and the member agency of the DISTRICT for the provision of such SERVICES, and CONSULTANT will only be paid consistent with the amount in such agreement. D. Notification Clause Formal notices, demands and communications to be given hereunder by either PARTY shall be made in writing and may be effected by personal delivery or by registered or certified mail, postage prepaid, return receipt requested and shall be deemed communicated as of the date of mailing. If the name or address of the person to whom notices, demands or 2 28057.00001121505831.1 i 1 communication shall be given changes, written notice of such change shall be given, in accordance with this section, within five(5) working days. Notices shall be made as follows: Municipal Water District of Orange County Water Systems Optimization, Inc. Joseph M. Berg Reinhardt Sturm Director of Water Use Efficiency Chief Operating Officer 18700 Ward Street, P.O. Box 20895 290 Division Street, Suite 311 Fountain Valley, CA 92708 San Francisco, CA 94103 E. Billing and Payment CONSULTANT's fees shall be billed by the 251" day of the month and paid by DISTRICT on or before the 15th of the following month. Invoices shall reference the Purchase Order number from the DISTRICT. All invoices in connection with the Water Loss Control Program, as set forth in Exhibit "B", must be specific to an individual DISTRICT member agency and must include a breakdown of services by task. DISTRICT shall review and approve all invoices prior to payment. CONSULTANT agrees to submit additional supporting documentation to support the invoice if requested by DISTRICT. If DISTRICT does not approve an invoice, DISTRICT shall send a notice to CONSULTANT setting forth the reason(s) the invoice was not approved. CONSULTANT may re-invoice DISTRICT to cure the defects identified in the DISTRICT notice. The revised invoice will be treated as a new submittal. If DISTRICT contests all or any portion of an invoice, DISTRICT and CONSULTANT shall use their best efforts to resolve the contested portion of the invoice. F. Billing Records CONSULTANT shall keep records of all SERVICES and costs billed pursuant to this AGREEMENT for at least a period of seven (7) years and shall make them available for review and audit if requested by DISTRICT. IV DOCUMENTS All MATERIALS as defined in Paragraph XI below, related to SERVICES performed under this AGREEMENT shall be furnished to DISTRICT upon completion or termination of this AGREEMENT, or upon request by DISTRICT, and are the property of DISTRICT. V TERMINATION Each PARTY may terminate this AGREEMENT at any time upon thirty (30) days written notice to the other PARTY, except as provided otherwise in Exhibit "B." In the event of termination: (1) all work product prepared by or in custody of CONSULTANT shall be promptly delivered to DISTRICT; (2) DISTRICT shall pay CONSULTANT all payments due under this AGREEMENT at the effective date of termination; (3) CONSULTANT shall promptly submit a final invoice to the DISTRICT, which shall include any and all non-cancelable obligations owed by CONSULTANT at the time of termination, (4) neither PARTY waives any claim of any nature whatsoever against the other for any breach of this AGREEMENT; (5) DISTRICT may withhold 125 percent of the estimated value of any disputed amount pending resolution of the dispute, consistent with the provisions of section III D above, and; (6) DISTRICT and CONSULTANT agree to exert their best efforts to expeditiously resolve any dispute between the PARTIES. 3 28057.00001\21505831.1 VI INSURANCE REQUIREMENTS CONSULTANT shall obtain prior to commencing work and maintain in force and effect throughout the term of this AGREEMENT, all insurance set forth below. A. Workers' Compensation Insurance By his/her signature hereunder, CONSULTANT certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and that CONSULTANT will comply with such provisions before commencing the performance of the SERVICES under this AGREEMENT. CONSULTANT and sub-consultant will keep workers' compensation insurance for their employees in effect during all work covered by this AGREEMENT. An ACORD certificate of insurance or other certificate of insurance satisfactory to DISTRICT, evidencing such coverage must be provided (1) by CONSULTANT and (2) by sub-consultant's upon request by -DISTRICT:. _ _ __. . . ._ B. Professional Liability Insurance CONSULTANT shall file with DISTRICT, before beginning professional SERVICES, an ACORD certificate of insurance, or any other certificate of insurance satisfactory to DISTRICT, evidencing professional liability coverage of not less than $1,000,000 per claim and $1,000,000 aggregate, requiring 30 days notice of cancellation (10 days for non-payment of premium) to DISTRICT. Such coverage shall be placed with a carrier with an A.M. Best rating of no less than A: VII, or equivalent. The retroactive date (if any) of such insurance coverage shall be no later than the effective date of this AGREEMENT. In the event that the CONSULTANT employs sub-consultants as part of the SERVICES covered by this AGREEMENT, CONSULTANT shall be responsible for requiring and confirming that each sub-consultant meets the minimum insurance requirements specified herein. C. Other Insurance CONSULTANT will file with DISTRICT, before beginning professional SERVICES, ACORD certificates of insurance, or other certificates of insurance satisfactory to DISTRICT, evidencing general liability coverage of not less than $1,000,000 per occurrence for bodily injury, personal injury and property damage; automobile liability (owned, scheduled, non-owned or hired) of at least $1,000,000 for bodily injury and property damage each accident limit; workers' compensation (statutory limits) and employer's liability ($1,000,000) (if applicable); requiring 30 days (10 days for non-payment of premium) notice of cancellation to DISTRICT. For the coverage required under this paragraph, the insurer(s) shall waive all rights of subrogation against DISTRICT, and its directors, officers, agents, employees, attorneys, consultants or volunteers, and against each member agency of DISTRICT, its officers, Directors and employees and authorized volunteers. CONSULTANT's insurance coverage shall be primary insurance as respects DISTRICT, its directors, officers, agents, employees, attorneys, consultants and volunteers, and each member agency of DISTRICT, its officers, Directors and employees and authorized volunteers, for all liability arising out of the activities performed by or on behalf of the CONSULTANT. Any insurance pool coverage, or self- 4 28057.00001121505831.1 insurance maintained by DISTRICT, and its directors, officers, agents, employees, attorneys, consultants or volunteers, or any member agency of DISTRICT, its officers, Directors and employees and authorized volunteers, shall be excess of the CONSULTANT's insurance and shall not contribute to it. The general liability coverage shall give DISTRICT, its directors, officers, agents, employees, attorneys, consultants and authorized volunteers, and each member agency of DISTRICT, its officers, Directors and employees and authorized volunteers, additional insured status using ISO endorsement CG2010, CG2033, or equivalent. Coverage shall be placed with a carrier with an A.M. Best rating of no less than A: VII, or equivalents. In the event that the CONSULTANT employs sub-consultant as part of the work covered by the AGREEMENT, it shall be the CONSULTANT's responsibility to require and confirm that each sub-consultant meets the minimum insurance requirements specified herein. D. Expiration of Coverage If any of the required coverages expire during the term of the AGREEMENT, CONSULTANT shall deliver the renewal certificate(s) including the general liability additional insured endorsement to DISTRICT at least ten (10) days prior to the expiration date. VII INDEMNIFICATION To the fullest extent permitted by applicable law, CONSULTANT shall indemnify, defend and hold harmless DISTRICT, its officers, Directors and employees and authorized volunteers, and each of them, and each member agency of DISTRICT, its officers, Directors and employees and authorized volunteers, and each of them, from and against: a. When the law establishes a professional standard of care for the CONSULTANT's services, all claims and demands of all persons that arise out of, pertain to, or relate to the CONSULTANT's negligence, recklessness or willful misconduct in the performance (or actual or alleged non-performance) of the work under this agreement. CONSULTANT shall defend itself against any and all liabilities, claims, losses, damages, and costs arising out of or alleged to arise out of CONSULTANT's performance or non-performance of the SERVICES hereunder, and shall not tender such claims to DISTRICT nor its directors, officers, employees, or authorized volunteers, for defense or indemnity. b. Any and all actions, proceedings, damages, costs, expenses, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of CONSULTANT. c. Any and all losses, expenses, damages (including damages to the work itself), attorney's fees incurred by counsel of the DISTRICT's choice and other costs, including all costs of defense, which any of them may incur with respect to the failure, neglect, or refusal of CONSULTANT to faithfully perform the work and all of the CONSULTANT's obligations under the agreement. Such costs, expenses, and damages shall include all costs, including attorneys' fees, incurred by counsel of the DISTRICT's choice, incurred by the indemnified parties in any lawsuit to which they are a party. CONSULTANT shall immediately defend, at CONSULTANT's own cost, expense and risk, any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against DISTRICT or its directors, officers, employees, or authorized 5 28057.00001121505831.1 r volunteers, or a member agency of DISTRICT, its officers, Directors and employees and authorized volunteers, with legal counsel reasonably acceptable to DISTRICT, and shall not tender such claims to DISTRICT nor its directors, officers, employees, or authorized volunteers, or, a member agency of DISTRICT, its officers, Directors and employees and authorized volunteers. CONSULTANT shall immediately pay and satisfy any judgment, award or decree that may be rendered against DISTRICT or its directors, officers, employees, or authorized volunteers, or a member agency of DISTRICT, its officers, Directors and employees and authorized volunteers, in any and all such suits, actions, or other legal proceedings. CONSULTANT shall immediately reimburse DISTRICT or its directors, officers, employees, or authorized volunteers, or a member agency of DISTRICT, its officers, Directors and employees and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing indemnity herein provided. CONSULTANT's obligation to indemnify shall survive the termination or completion of this agreement for the full period of time allowed by law and shall not be restricted to insurance proceeds, if any, received by DISTRICT, or its directors, officers, employees, or authorized volunteers, or a member agency of DISTRICT, its officers, Directors and employees and authorized volunteers. VIII FINANCIAL DISCLOSURE AND CONFLICTS OF INTEREST Although CONSULTANT is retained as an independent contractor, CONSULTANT may still be required, under the California Political Reform Act and DISTRICT's Administrative Code, to file annual disclosure reports. CONSULTANT agrees to file such financial disclosure reports upon request by DISTRICT. Further, CONSULTANT shall file the annual summary of gifts required by Section 7105 of the DISTRICT's Ethics Policy, attached hereto as Exhibit "A." Failure to file financial disclosure reports upon request and failure to file the required gift summary are grounds for termination of this AGREEMENT. Any action by CONSULTANT that is inconsistent with DISTRICT's Ethic's Policy current at the time of the action is grounds for termination of this AGREEMENT. The Ethics Policy as of the date of this AGREEMENT is attached hereto as Exhibit"A." IX PERMITS AND LICENSES CONSULTANT shall procure and maintain all permits, licenses and other government- required certification necessary for the performance of its SERVICES, all at the sole cost of CONSULTANT. None of the items referenced in this section shall be reimbursable to CONSULTANT under the AGREEMENT. CONSULTANT shall comply with any and all applicable local, state, and federal regulations and statutes including Cal/OSHA requirements. X LABOR AND MATERIALS CONSULTANT shall furnish, at its own expense, all labor, materials, equipment, tools, transportation and other items or services necessary for the successful completion of the SERVICES to be performed under this AGREEMENT. CONSULTANT shall give its full attention. and supervision to the fulfillment of the provisions. of.. this AGREEMENT by its employees and sub-consultant and shall be responsible for the timely performance of the SERVICES required by this AGREEMENT. All compensation for CONSULTANT's SERVICES under this AGREEMENT shall be pursuant to Exhibit"B" to the AGREEMENT. 6 28057.00001121505831.1 Only those SERVICES, materials, administrative, overhead and travel expenses specifically listed in Exhibit "B" will be charged and paid. No other costs will be paid. CONSULTANT agrees not to invoice DISTRICT for any administrative expenses, overhead or travel time in connection with the SERVICES, unless agreed upon and listed in Exhibit"B". XI CONFIDENTIALITY AND RESTRICTIONS ON DISCLOSURE A. Confidential Nature of Materials CONSULTANT understands that all documents, records, reports, data, or other materials (collectively "MATERIALS") provided by DISTRICT to CONSULTANT pursuant to the AGREEMENT, including but not limited to draft reports, final report(s) and all data, information, documents, graphic displays and other items that are not proprietary to CONSULTANT and that are utilized or produced by CONSULTANT pursuant to the AGREEMENT are to be considered confidential for all purposes. B. No Disclosure of Confidential Materials CONSULTANT shall be responsible for protecting the confidentiality and maintaining the security of DISTRICT MATERIALS and records in its possession. All MATERIALS shall be deemed confidential and shall remain the property of DISTRICT. CONSULTANT understands the sensitive nature of the above and agrees that neither its officers, partners, employees, agents or sub-consultants will release, disseminate, or otherwise publish said reports or other such data, information, documents, graphic displays, or other materials except as provided herein or as authorized, in writing, by DISTRICT's representative. CONSULTANT agrees not to make use of such MATERIALS for any purpose not related to the performance of the SERVICES under the AGREEMENT. CONSULTANT shall not make written or oral disclosures thereof, other than as necessary for its performance of the SERVICES hereunder, without the prior written approval of DISTRICT. Disclosure of confidential MATERIALS shall not be made to any individual, agency, or organization except as provided for in the AGREEMENT or as provided for by law. C. Protections to Ensure Control Over Materials All confidential MATERIALS saved or stored by CONSULTANT in an electronic form shall be protected by adequate security measures to ensure that such confidential MATERIALS are safe from theft, loss, destruction, erasure, alteration, and any unauthorized viewing, duplication, or use. Such security measures shall include, but not be limited to, the use of current virus protection software, firewalls, data backup, passwords, and internst controls. The provisions of this section survive the termination or completion of the AGREEMENT. XII OWNERSHIP OF DOCUMENTS AND DISPLAYS All original written or recorded data, documents, graphic displays, reports or other MATERIALS which contain information relating to CONSULTANT's performance hereunder and which are originated and prepared for DISTRICT pursuant to the AGREEMENT are instruments of service and shall become the property of DISTRICT upon completion or termination of the Project. CONSULTANT hereby assigns all of its right, title and interest therein to DISTRICT, including but not limited to any copyright interest. In addition, DISTRICT reserves the right to use, duplicate and disclose in whole, or in part, in any manner and for any 7 28057.00001121505831.1 purpose whatsoever all such data, documents, graphic displays, reports or other MATERIALS delivered to DISTRICT pursuant to this AGREEMENT and to authorize others to do so. To the extent that CONSULTANT utilizes any of its property (including, without limitation, any hardware or software of CONSULTANT or any. proprietary or confidential information of CONSULTANT or any trade secrets of CONSULTANT) in performing SERVICES hereunder, such property shall remain the property of CONSULTANT, and DISTRICT shall acquire no right or interest in such property. CONSULTANT hereby assigns to DISTRICT or DISTRICT's designee, for no additional consideration, all CONSULTANT's intellectual property rights, including, but not limited to, copyrights, in all deliverables and other works prepared by the CONSULTANT under this agreement. CONSULTANT shall, and shall cause its employees and agents to, promptly sign and deliver any documents and take any actions that DISTRICT or DISTRICT's designee reasonably requests to establish and perfect the.rights assigned to DISTRICT or its designee under this provision. XIII EQUAL OPPORTUNITY E DISTRICT is committed to a policy of equal opportunity for all and to providing a work environment that is free of unlawful discrimination and harassment. In keeping with this commitment, DISTRICT maintains a policy prohibiting unlawful discrimination and harassment in any form based on race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, pregnancy or childbirth, marital status, gender, sex, sexual orientation, veteran status or age by officials, employees and non-employees (vendors, contractors, etc.). This policy applies to all employees, consultants and contractors of the DISTRICT. Appropriate corrective action will be taken against all offenders, up to and including immediate discharge or termination of this AGREEMENT. During, and in conjunction with, the performance of this AGREEMENT, CONSULTANT shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, marital status•or national origin. XIV INTEGRATION OF ALL OTHER AGREEMENTS This AGREEMENT, including any Exhibits and Addenda, contains the entire understanding-.-.of __the....PARTIES.,. -and there.--are...--no -further or.. other- agreements- or understandings, written or oral, in effect between the PARTIES hereto relating to the subject matter hereof. Any prior understanding or agreement of the PARTIES shall not be binding unless expressly set forth herein and, except to the extent expressly provided for herein, no changes of this AGREEMENT may be made without the written consent of both PARTIES. XV ATTORNEYS' FEES In any action at law or in equity to enforce any of the provisions or rights under this AGREEMENT, the prevailing PARTY shall be entitled to recover from the unsuccessful PARTY all costs, expenses and reasonable attorney's fees incurred therein by the prevailing PARTY (including, without limitations, such costs, expense and fees on any appeals), and if such prevailing PARTY shall recover judgment in any such action or proceeding,. such costs, expenses, including those of expert witnesses and attorneys' fees, shall be included as part of this judgment. 8 28057.00001121505831.1 IN WITNESS WHEREOF,the PARTIES have hereunto affixed their names as of the day and year thereinafter,which shall be and is the effective date of this AGREEMENT. P OV Y. CONSULTANT ACCEPTANCE: Date •1 Date Q — 03 -- ZQ/.5 Robert Hunter,General Manager Reinhardt Sturm,Chief Operating Officer Municipal Water District of Orange County Water Systems Optimization,Inc. 18700 Ward Street, P.O.Box 20895 290 Division Street,Suite 311 Fountain Valley, CA 92708 San Francisco,CA 94103 (714)963-3058 Phone:(415)538-8641 Tax I.D.#75,3055233 Q. r, :I�terit�i�S9 Qrt1�iF Pf41�ram, h�IIR�I�►r�dl ! , l FU X11 ng \yWl t { lie 9 EXHIBIT "A" ETHICS POLICY §7100-§7111 §7100 PURPOSE The policy of MWDOC is to maintain the highest standards of ethics from its Board members, officers and employees (all shall be referred to as employees for the purposes of this section). The proper operation of MWDOC requires decisions and policy to be made in the proper manner, that public office not be used for personal gain, and that all individuals associated with MWDOC remain impartial and responsible toward the public. Accordingly, all employees are expected to abide by the highest ethical standards and integrity when dealing on behalf of MWDOC with fellow Board members or employees, vendors, contractors, customers, and other members of the public. §7101 RESPONSIBILITIES OF BOARD MEMBERS Board members are obliged to uphold the Constitution of the United States and the Constitution of the State of California and shall comply with all applicable laws regulating Board member conduct, including conflicts of interest and financial disclosure laws. No Board member or officer shall grant any special consideration, treatment, or advantage to any person or group beyond that which is available to every other person or group in the same circumstances. §7102 PROPER USE OF MWDOC PROPERTY AND RESOURCES Except as specifically authorized, no employee shall use or remove or permit the use or removal of MWDOC property, including MWDOC vehicles, equipment, telephones, office supplies, and materials for personal convenience or profit. No employee shall require another MWDOC employee to perform services for the personal convenience or profit of another employee. Each employee must protect and properly use any MWDOC asset within his/her control, including information recorded on paper or in electronic form. Employees shall safeguard MWDOC property, equipment, monies, and assets against unauthorized use or removal, as well as from loss due to criminal act or breach of trust. Employees are responsible for maintaining written records, including expense reports, in sufficient detail to reflect accurately and completely all transactions and expenditures made on MWDOC's behalf. Creating a document with misleading for false information is prohibited. Motion - 1/17/96; §7103 CONFLICT OF INTEREST All MWDOC Directors, officers, and employees at every level shall comply with the requirements of Section 1090 of the California Government Code which prohibits such persons from being financially interested in any contract made by them in their official capacity, or by anybody or board of which they are members, or from being a purchaser at any sale or a vendor at any purchase made by them in their official capacity. All Directors and employees designated under MWDOC's Conflict of Interest Code ("designated employees") and employees required to report under Chapter 7, Article 2 of the Political Reform Act (Government Code Section 7300 et seq.) shall promptly and fully comply with all requirements thereof. 10 28057.00001121505831.1 MWDOC employees who are not designated employees under MWDOC's Conflict of Interest Code shall refrain from participating in, making a recommendation, or otherwise attempting to influence MWDOC's selection of a contractor, consultant, product, or source of supply if the non-designated employee, or an immediate family member, has a direct or indirect financial interest in the outcome of the selection process. No employee shall use his/her position with MWDOC in any manner for the purpose of obtaining personal favors, advantages or benefits for him/herself or an immediate family member from a person or entity doing business or seeking to do business with MWDOC. Such favors, advantages, or benefits would include, but are not limited to: 1) offers of employment; 2) free or discounted goods or services; or 3) gifts. §7104 GIFTS No employee shall accept, directly or indirectly, any compensation, reward or gift from any source except from MWDOC, for any action related to the conduct of MWDOC business, except as set forth below: 1. Acceptance of food and refreshments of nominal value on infrequent occasions in the ordinary course of a breakfast, luncheon or dinner meeting or other meeting or on an inspection tour where the arrangements are consistent with the transaction of official business.* 2. Acceptance of transportation, lodging, meals or refreshments, in connection with attendance at widely attended gatherings sponsored by industrial, technical or professional organizations; or in connection with attendance at public ceremonies or similar activities financed by nongovernmental sources where the employee's participation on behalf of MWDOC is the result of an invitation addressed to him or her in his/her official capacity, and the transportation, lodging, meals or refreshment accepted is related to, and is in keeping with, his/her official participation.* 3. Acceptance of unsolicited advertising or promotional materials such as pens, pencils, note pads, calendars, or other items of nominal value.* 4. Acceptance of plaques and commemorative mementoes, of nominal value, or of value only to the recipient, such as service pins, recognition awards, retirement mementoes. 5. Acceptance of incidental transportation from a private organization provided it is furnished in connection with an employee's official duties and is of the type customarily provided by the private organization. * Nothing herein shall be deemed to relieve any Director or designated employee from reporting the value of such meals, transportation, lodging or gifts and abstaining from participation in any decision of MWDOC which could foreseeably have a material financial effect on the donor when the value of such gifts reaches the limits set forth in MWDOC's Conflict of Interest Code and the Political Reform Act. In no event shall any employee accept gifts from any single source, the cumulative value of which exceeds the applicable gift limit under California law. A gift or gratuity, the receipt of which is prohibited under this section, shall be returned to the donor. If return is not possible, the gift or gratuity shall be turned over to a public or charitable institution without being claimed as a charitable deduction and a report of such action and the reasons why return was not feasible shall be made on MWDOC records. When possible, the donor also shall be informed of this action. Motion- 1/17/96; 11 28057.00001121505831.1 §7105 PERSONS OR COMPANIES REPORTING GIFTS All persons and companies doing business with MWDOC, with the exception of public agencies, shall submit a summary, by January 31 of each calendar year, of all gifts claimed for internal vendor audits (including meals) made to, or on behalf of, employees or Directors of MWDOC, or their immediate family members, that have occurred in the normal course of business during the previous calendar year. Failure to provide this information to MWDOC may result in the termination of MWDOC business with that person or company. Motion - 7/21/93; Motion - 8/18/93; §7106 USE OF CONFIDENTIAL INFORMATION Confidential information (i.e., information which is exempt from disclosure under the California Public Records Act) shall not be released to unauthorized persons unless the disclosure is approved by the Board, President of the Board, or General Manager. Employees are prohibited from using any confidential information for personal advantage or profit. §7107 POLITICAL ACTIVITIES Employees are free to endorse, advocate, contribute to, or otherwise support any political party, candidate, or cause they may choose; however, employees are prohibited from soliciting political funds or contributions at MWDOC facilities. In any personal political activity an employee may be involved in, it shall be made clear that the employee is acting personally and not for MWDOC. §7108 IMPROPER ACTIVITIES Employees shall not interfere with the proper performance of the official duties of others, but are strongly encouraged to fulfill their own moral obligations to the public, MWDOC, and its member agencies by disclosing, to the extent not expressly prohibited by law, improper activities within their knowledge. No employee shall directly or indirectly use or attempt to use the authority or influence of his/her position for the purpose of intimidating, threatening, coercing, commanding, or influencing any person with the intent of interfering with that person's duty to disclose improper activity. 47409 VIOLATION--OF POLICY----STAFF--AND STAFF OFFICERS- If an employee is reported to have violated MWDOC's Ethics Policy, the matter shall be referred to the General Manager for investigation and consideration of any appropriate action warranted which may include employment action such as demotion, reduction in salary, or termination. If a Board appointed officer (Secretary, Treasurer or General Manager) is reported to-have violated MWDOC's Ethics Policy, the matter shall be referred to the Executive Committee for investigation and consideration of any appropriate action. Motion - 1/17/96; 12 28057.00001121505831.1 §7110 VIOLATION OF POLICY-- DIRECTORS A perceived violation of this policy by a Director should be referred to the President of the Board or the full Board of Directors for investigation, and consideration of any appropriate action warranted. A violation of this policy may be addressed by the use of such remedies as are available by law to MWDOC, including, but not limited to: (a) adoption of a resolution expressing disapproval of the conduct of the Director who has violated this policy, (b) injunctive relief, or(c) referral of the violation to MWDOC Legal Counsel and/or the Grand Jury. §7111 PERIODIC REVIEW OF CONFLICT OF INTEREST AND ADMINISTRATIVE GUIDELINES During the first quarter of the year immediately following an election (every two years), the Board shall meet to review and/or receive a presentation that addresses principles relating to reporting guidelines on compensation, conflict of interest issues, and standards for rules of conduct. 13 28057.00001121505831.9 EXHIBIT "B'' SCOPE OF WORK, TERMS OF AGREEMENT AND TERMS AND CONDITIONS FOR BILLING Company: Water Systems Optimization, Inc. Name: Reinhard Sturm Address: 290 Division Street, Suite 311 San Francisco, CA 94103 Phone: (415)538-8641 Tax I.D. # 75-3055233 1. Term — Commencement December 1, 2015. Termination on December 31, 2016. 2. Fees/Rates to be billed: Project Director $250.00 per hour Sr. Project Director $140.00 per hour Project Manager $120.00 per hour Assoc. Project Manager $110.00 per hour Fees will only be paid for the above positions and at the above hourly rates, unless otherwise agreed to in writing by MWDOC. 3. Budgeted Amount. Compensation is to be on a "time and material" basis not to exceed (1) $1,221,080 for Water Loss Control Program activities; and (2) $32,200 for work related to the Orange County Water Loss Control Committee. CONSULTANT's fees shall be billed by the 25"' day of the month and paid by DISTRICT on or before the 15th of the following month. Invoices shall reference the Purchase Order number from the DISTRICT. All invoices in connection with the Water Loss Control Program must be specific to an individual DISTRICT member agency and must include a breakdown of services by task. Upon invoicing DISTRICT 80% of the contract amount, CONSULTANT shall prepare and provide to DISTRICT a "cost to complete" estimate for the remaining work. 4. Payment Restriction. CONSULTANT will not be paid pursuant to this Agreement for any work performed on behalf of or for the benefit of a member agency of the DISTRICT unless an executed agreement exists between the DISTRICT and the member agency of the DISTRICT for the provision of such SERVICES. 5. Scope of Work/Services. Each water agency's water loss profile is unique: some systems have significant opportunities to reduce losses while others are operating without much room for improvement. Having confidence in the use of the AWWA water audit and the data that informs the non-revenue water assessment is a critical step in identifying where there are the best water loss control opportunities for MWDOC member agencies. The following tasks are designed to provide a framework for progressive technical assistance to MWDOC member agencies and allows agencies to access any level of technical assistance they desire depending on their needs and familiarity with the AWWA water audit methodology. 14 28057.00001121505831.1 Task 1—Water Loss Control Committee Coordination, Project Administration & Reporting Task 1a—Water Loss Control Committee Coordination The first step will be to form the OC Water Loss Control Committee (WLCC) comprised of MWDOC staff and member agency staff. The WLCC's first meeting will feature several key items for discussion: the WLCC's purpose,vision,and goal outcomes will be discussed and decided. WSO together with MWDOC will lead the WLCC meetings, provide technical input, schedule the meetings, prepare meeting agendas, steer the WLCC toward goal outcomes,share background information and additional resources, prepare meeting notes and keep track of action items identified during these meetings. Figure 1 presents a summary of participants and activity we expect for the WLCC. WSO will also establish a cloud based WLCC data hub, where participants will have access to all materials developed and shared within the WLCC. ORANGE COUNTY WATER LOSS CONTROL COMMITTEE participants : PARTICI- WSO ........................ .....................MWDOC �•• "; PAYING .' AGENCIES agenda discussion and consensus tracking&reporting meetings to confer on meetings to share items on purpose,visions& of technical water audit experiences, findings,next steps, goals assistance program challenges,and best 1 and evaluations of progress practices program effectiveness ......................................................................................,...............,............................................ ' program start program completion Figure 1:Summary of WLCC Activity Task 1a &b—Project Administration and Reporting In addition to leading and coordinating the WLCC, WSO will provide typical project management services such as: monthly progress reports summarizing work completed by agency and by task, monthly invoices summarizing time and materials spent by agency and by task, tracking of budget and hours spent on the project by agency and by task, and all necessary scheduling for the technical assistance portion of this project. Water Loss Control Committee Coordination, Project Administration & Reporting deliverables: 1. Water Loss Control Committee Meetings(six meetings) 2. Monthly progress reports summarizing services provided by participating agency and task 3. Monthly invoices with time spend and fees charges tabulated by participating agency and task Task 2—Technical Assistance for Preparation of"Top Down"Water Audits In order to achieve the desired outcomes of Task 2 the following approach is suggested: 15 28057.00001121505831.1 Identification of Agency Lead: The first step will be to identify/appoint a project lead from each participating member agency.T hat person will be the point person for all activities related to Task 2 and all communication between WSO and the member agency will be through the agencies project lead. Data Collection Tracking Sheet: WSO will develop and distribute to each participating agency an online data collection tracking sheet, where all data necessary for the completion of the AWWA water audit software is identified. This data collection tracking sheet will also serve to identify and document the key agency stakeholders providing the water audit data. Q&A Phone Call Around Data Collection:WSO will then follow up with a phone call to each agency lead to discuss the data collection exercise and to answer any questions that might exist around what data is needed. Web-Meeting to Review Audit Data and Populate AWWA Audit Software: Once all the water audit data has been collected by the agency and/or missing data has been identified a web-meeting will be organized and WSO together with the agency will walk through each volume of the audit software, documenting and discussing sources of data and areas of concern. Provide Recommendations for Data Validation Improvements: Equipped with a thorough introduction to the water agency's initial water balance, WSO will follow up with suggested investigations and provide recommendations for methods and techniques to improve the validity of each water audit component(where applicable). Web-Meeting for Final Review & Final Documentation: The next step is to schedule another web- meeting to review and discuss any data updates/improvements made by the agency since the last call. After understanding the final status of data source and quality, WSO will work with the agency to finalize the water balance, appropriately assign each data validity score in the audit software, and document improvements. A key component of this final web-meeting with the agency will be the development of key performance indicators for the agency and coaching in how to best interpret them and communicate them to the public, press and elected officials etc. Each agency will have at least six points of interaction with WSO throughout the process of preparing the agencies water balance. Top Down Water Audit deliverables: 1. an initial water balance with appropriately assigned data validity scores, 2. customized recommendations for data quality improvements, _. ....- .. . . 3. water loss performance indicators and coaching in how to interpret and present them,and 4. a solid understanding and proficiency in using the AWWA free water audit software. Task 3—Component Analysis:Volume of Real and Apparent Losses WSO is uniquely equipped to advise MWDOC member agencies on how to conduct a component analysis of real and apparent losses. WSO recently developed the only freely available software model for component analysis in North America (the model development was financed.by the Water Research Foundation and EPA).Task 3 will be implemented via phone,email and web-meetings. Task 3-A: COMPONENT ANALYSIS OF REAL LOSSES Using an annual "Breaks and Background Estimates" (BABE) model (also known as a real loss component analysis), WSO will assist the member agencies to separate the leak and break volumes of 16 28057.0000W1605831.1 real loss into the following categories: background losses, reported leakage, and unreported leakage (see Figure 2). Understanding how the Real Loss volume breaks down into these different components is critical in developing intervention strategies to reduce Real Losses. Three distinct interventions are evaluated, given the real loss profile breakdown. First, improvement in location and repair of both reported and discovered unreported leaks will be evaluated based on the failure repair data collected for this analysis.Second,we can use the component analysis to determine how much unreported leakage could be recovered through additional proactive leak detection.Third,the component analysis also allows for modeling the effect a change in system pressure will have on the volume of real losses and its subcomponents. In the process of assisting the member agencies in collecting and reviewing the failure repair data necessary for the component analysis, WSO will help member agencies enhance the standard leak repair data collection practices and protocols to improve future component analysis and Economic Level of Leakage results. surface 6 Background Leakage Unreported Leakage Reported Leakage Unreported and un-detectable using Often does not surface but is detectable Often surfaces and is reported by public traditlonaiacousticequipment using traditional acousticequipment. orutiiityworkem Tools Tools Tools Pressure Reduction Pressure Reduction Pressure Reduction Main and service replacement Main and servicereplacement Main and swke replacement • Reduction In the number ofjoims and fittings Reduction In the numberofjaints and fittings Optimized repair time • Proactive Leak Detection Figure 2: Real Loss Components2 Determination of Background Leakage WSO together with the member agencies will review infrastructure data to determine the volume of background leakage throughout the system.This involves some amount of sensitivity analysis given the system's infrastructure components, system age, operational characteristics and operating pressure. WSO will provide training in determining background leakage volumes and provide recommendations (where applicable)on data improvements. Determination of Reported Leakage WSO will provide the member agencies with a detailed failure data request list and together with the agencies will review all documentation of reported failures for the audit period.Validating the runtimes of each failure instance and estimating flow rates will then culminate in calculation of water loss attributed to reported leakage. 2 Graphic courtesy of Water Research Foundation, as featured in "Advances in Water Research", July—September 2014; Volume 24, Number 3. 17 28057.00001121505831.1 Determination of Unreported Leakage WSO will review any leak detection activity that occurred during the audit period. If applicable, we will validate the runtimes of each failure instance and estimate flow rates to calculate the water loss attributed to unreported leakage.. Evaluation of Economic Intervention Strategies Utilizing the WRF component analysis model WSO will evaluate together with the member agencies economic intervention strategies for real loss reduction via leak detection, pressure management and improved leak repair times. For each member agency a specific set recommended intervention strategies will be developed. Real Loss Component Analysis Deliverables: Real Loss Components Volume Determination and Economic Evaluation: 1. Identify the volumes of each type of real losses: background leakage, unreported leakage, and reported leakage. 2. Quantify the volume of hidden leakage, the volume of unreported leakage that continues uninterrupted throughout the system that could be recovered through leak detection. 3. Quantify the volume of leakage currently lost through reported and unreported leaks that were addressed by the agency during the audit period I 4. Break frequency analysis and comparison to national and international data sets and benchmarks 5. identification of real loss intervention strategies Real Loss Tracking and Process Review: 1. Review of leak repair data to evaluate efficiency of leak repair response times 2. Data review and validation of the following information: leak repair database information and data handling and collection process, leak detection program results, average system pressure and infrastructure condition 3. Provide guidelines on leak repair data collection to meet current industry best practices 4. Training in real lass component analysis Task 3-8:COMPONENT ANALYSIS OF APPARENT LOSSES Identify and Review Existing Data WSO will provide a list of data required for a component analysis of apparent losses so its subcomponents (meter inaccuracies, systematic data handling errors and unauthorized consumption) can be quantified for each participating member agency.Since the majority of apparent losses usually is caused by customer meter under registration WSO will review together with the member agencies any available meter test data. If no test data is available WSO will provide the member agencies with recommendations for random meter testing of small customer meters(2inch and smaller). Review of Current Large Meter Testing This stage of the apparent loss analysis involves assessing the appropriate testing and/or overhaul procedures for the member agency's large meter stock. WSO will provide recommendations (where feasible) to enhance the member agency's large meter testing program to incorporate considerations around consumption and revenue opportunities, improving overall cost-effectiveness. 18 28057.00001121505831.1 Total Apparent Loss Determination Based on the available data for small and large meter tests, WSO will assist the participating member agencies in determining the volume attributed to meter under-registration for audit period. In parallel, WSO will assist the participating member agencies in determining the apparent loss volumes attributed to data handling errors and unauthorized consumption (this will involve a review of any documentation and/or assessment of appropriate estimations to apply and a review of the meter reading and bill procedure currently in place). Apparent Loss Component Analysis Deliverables: 1. Validation of all apparent loss volumes: small meter under-registration, large meter under- registration, unauthorized consumption,and data handling errors. 2. Recommendations for better testing procedures, data handling and management, and monitoring of unauthorized consumption. 3. High Level Evaluation of Apparent Losses vs Apparent Loss Control Strategies. Task 4—Locate and Quantify Leakage It is standard best practice for WSO to undertake detailed leak detection surveys for our clients, where every available hydrant, select valves and every service connection is sounded for leak noise. We therefore suggest the following methodology: Leak Detection Methodology WSO will adopt the following procedures for the comprehensive leak detection survey: WSO will organize a kick-off meeting for each participating member agency to discuss the suggested project approach, review available mapping information and any activities by the member agency with regards to leak detection and repair. At this meeting WSO will provide the member agency staff with a detailed work plan and project schedule, discuss the plan and make changes to the plan if necessary based on feedback from member agency staff. Requirements for traffic control will be discussed with the member agency as well. A comprehensive survey will then be undertaken by making physical contact with each hydrant, select valves and each customer service connection. Sonic leak sound amplification instruments will be used. These instruments are specifically designed for this purpose and have a transducer rated at a minimum sensitivity of 1.5 VG(volt per"G") or greater. When normal contact points are not available or cannot be created within a reasonable distance, sonic ground listening devices will be used by making physical ground contact at intervals no greater than 6 feet directly over the pipe. If excessive ambient noise precludes the effectiveness of the ground listening device in an area during daytime hours then this portion of the network will be scheduled for survey during night-time hours. These situations will be pre-approved with the member agency before any survey during night-time hours is undertaken. Sonic ground listening instruments will only be used when ground cover is pavement, concrete or similar hard surface. When ground cover is not a hard surface, probe rods will be used at 10 feet intervals when normal contact pints are not available. A sound amplification instrument with 1.5 VG (volts per"G")or greater transducer minimum output will be used on probe rods. Probe rods will be driven into the ground a minimum of 6"directly over the pipe when ground conditions allow. 19 28057.00001121505831.1 A detailed report of decibel levels at suspected leak sound locations and observations will be compiled during the survey for reinvestigation and possible pinpointing at a later time. This reinvestigation is to increase the efficiency of the survey and should eliminate correlating on most false leak sounds. All indications of leaks found during survey will be verified a second time, after which the leak will be pinpointed with a computer-based leak sound correlator when possible. Pinpointing leak locations through interpretation of sound intensity, either by ear, decibel metering, or other like methods, will not to be used when contact points are available for use with a computer-based leak sound correlator. The survey equipment used will not normally require valves to be operated during surveying and pinpointing. However, on occasion, services or valves may require operation to eliminate service connection draw noises or to change velocity noise. If required, any appurtenance operation will need to be performed by member agency personnel only. WSO will prepare a list of appurtenances that need to be operated by member agency staff for verification or pinpointing of a leak on a weekly base. The following week member agency staff together with WSO's leak detection specialist will operate the requested appurtenances and the leak will be validated and pinpointed. The correlator equipment that will be used will have the capability of prompting the operator to input the variables when different pipe sizes and/or pipe materials are encountered in the same span to be investigated. The correlators have the capability of correlating up to at least four various pipe sizes and types at one time in a given span. WSO will provide the leak reports for an leaks that are p p y pinpointed on a weekly basis. The leak report sheets will be customized to meet member agency's needs and will contain a photo showing the leak location, X-Y GPS coordinates, satellite photo with location of leak, details of the type of leak found, estimated leak flow rate in gallons per minute, leak classification and prioritization, equipment and technique used to locate the leak. Pinpointed leaks will be marked on the asphalt in accordance with member agency's requirements. The leak report sheets can be customized to meet the member agency's needs(see APPENDIX D for Example). Each of the leak detection specialists is equipped with a Smart Phone or Android Tablet to catalog each leak found in the field. WSO has developed a software module that interacts with WSO's online Water Loss Tracking sheet in Google Docs to insure that the member agency has online access to the leak detection survey progress and results. This tool has been designed to provide a more efficient way of sharing-project-progress anddeak detection-results-with-our-clients.This-will-allow-the-m-emb-er-agency'-s- project manager and any stakeholders to easily keep track of the project progress. Figure 3 and Figure 4 show screenshots from the project management tool used for the leak detection project completed for the Puerto Rican Aqueduct and Sewer Authority in 2013. WSO will customize the online progress- monitoring tool for the member agency—if available pipe age information should be included as well. The online tracking tool will also provide the electronic copies of all leak reports. If especially large leaks or other interesting events occur, the technicians will be able to use the tablet to take photos or video that can be quickly shared with the project team. At the end of each week WSO will submit a weekly summary of miles surveyed, project status and estimated.completion,.num,ber.and type of.leaks detected. in addition WSO will update.the.member agency weekly on the routing plan and list of requested appurtenances to be operated by the member agency for final leak verification (if needed). 20 28057.00001121505831.1 Whenever the member agency repairs any of the leaks detected by WSO prior to completion of the field work, WSO will re-survey that section of the system,to be sure no very quiet leaks are missed due to an over powering noisy leak sound. All WSO field personnel will be provided with all necessary leak detection instruments, equipment and tools to complete the survey and leak pinpointing. All best efforts will be made to pinpoint all existing leaks. PRASA Leak Detection Services Tracking File Edit View Insert Format Data Tools Form(0) Help All changes saved In Drive aw 134 Y .... is n B C r 4 F . ► - PRA3A_f esic Doieo iron$ervicee-TraoklnQ_.. '......._.._.__..........°.................._. i ........_...._i — Total Corripieted .--- Planned Mlles Mileage Mileage ! 4130!2013 619 A13 5 5.3 5.3 Main Ml 325 -- N a 5 4.11 4.1 Planned Wleage 326 __. ... 5/3/2013 5 3 3 Miles Surveyed 325 Reradnl Miles 0 ___.. Peroent of Total System Sury 100.0045 W812o13 5 2 2 Percent of Total System Remsir 1 0,0045 - '-..--.- 51712013 6 4 4 --._...._._..__._._ 1502013 6 5/9/2013 6 $ g ......_......_...--.---.._....._..---...__._....,..._..... . ..____..__....._._... _ 5,110120'13 5 70.8 10.8 Figure 3:Screen Shot from Water Loss Project Monitoring Tool:Survey Mileage Tracking PRASA Leek Detection Services Tracking t.. P9e will Vew Insert Famat 0" Tole Fam10) Help AY do-je3+uved'70::ve its: :. 4 %'ue.. AAN _. m._. .:B.l •4:5.A ..:� IliL 9G r';"E �T91®.4 Z �: ...R N -C �.–e .:.p..– :1d,*W Awhim! Also 8oe�f ,CaeY.€ded' 99, t un � �4+doN r rC�innr�,il fMletaeal NundMriFit" ;.ft.0:'A1 Feak.. Mvroml :Lfflk Tvoa ie1".(0, t'u7tt Of A 1,I _ t"e*t* € ... Ale'>f e1 � r 612at418 171 10 10 i 1 AR 84 j aeMde '! ..I FbMrs - CMfBDeve 18d9842.18n ON44 BGw �?{`"F"•n+:t ,•li��'.F, M.., 4_...:___...–......,_.....,.,.. ...._._ ., ............ _ ._....__ _._ ...._..-__.,._ -_.... _._....... ___. . i 812 812 0 1 9: 128 4 I B 1 AR 84 19enlae 'I"'--.._.€-Fbft " ...1. :.-12itta0we �1sd20'11.70n.. ..e0dei7G01e .• . • '8180..... ' 180.... 100 : 100 1 A..178.------ •• FIonlnq. `...CAda Dave ' 7id2B'4492n.' 88d40tr1.. .. . i 813W% 190 26 I 25 1 AR 178 Mob "; i Flowflg ":. i Cett a Owe.._...18d27'00.80n�.. ..BBd{081bM €,. '....-........._. .___.._'__.Celia bivi 7tld�9'i®edn :ABEadYn .'d31/20♦'8� 191 � 6 8 .... .NSti20is 192 f0 - 10 1 -:. Cu 10! Ssaloe - Floxui� .. - l:Bttd Due 1Bd2Y'lB-.3ft .e 46' .fi1w 8MI2018 1J3 S 8 1 CM 89 Meter .... €Flvern4 Ce%e Dave 18d20118:W60•"6�78'128W n .B/712U13 - 199 6 -8 1 AR 199 BeMce I filoMnj( a%8 Dow 10d?B90.04n . E8d41G0.GBw eR.,„ . ..._ .. .._.__._.__ 8NN1018 138 8 3..... 1 AR 109 -SeNlee flrv�l^R._.. - - CM Due_ 18dW4U%••-e8d41V0A9w €e:F ,_..__..._.. .. ._..._ _..._..— _....... _.._.__ ._._. . t,.._. _..__. ._.._..,__ _ r I 81712018 198 10 ; 10 1 AR103 ! Mob I FWM, "Cif lI Dwe - NA_ NA t Figure 4: Screen Shot from Water Loss Project Monitoring Tool: Leak List Locate and Quantify Leakage Task 4 deliverables: WSO will provide a Final Report within thirty(30)working days from the end of field work.The Final Report will include: 1. Executive Summary shall include footage covered, approximate GPD loss, types of leaks found, quantity of leaks found and remarks recommending improvements that may be made to improve the water loss performance of the distribution system and future leak detection activities and cost benefit analysis of leak detection project. 21 28057,00001\21505831.1 2. Summary of theft instances discovered and summary of missing infrastructure information discovered. 3. Survey Review explaining the procedures and methods used during the study. 4. WSO will analyze the leak detection results and in combination with the result of the .most recent water audit prepared by the member agency in order to provide adequate recommendations for follow up testing and to update recommendations for the member agency's water loss control strategies.The final report will also compare the water loss baseline before leak detection and repair and provide an estimation of water loss savings achieved through the proactive leak detection program. Task 5—Report Preparation WSO will prepare individual reports for each agency. A draft report will be prepared for review and comment by each agency. The reports shall document the entire project and the outcomes for each i agency by task. The reports will include but not be limited to: e A summary of work performed and methods used e Water Loss Control outcomes;appropriate interpretation and use of results e Recommendations for data collection,data management and data storage e Challenges encountered and lessons learned e Recommended action items and tasks for subsequent years. Three (3) bound hardcopies of the final report shall be submitted and an electronic version of the final report in PDF format. TEAM-WSO Organizational Structure WSO has an established team of water loss control experts. The company is organized as displayed in Figure 5.WSO has an office in San Francisco,CA and Nashville TN. Stephen Preston Principal Reinhard Sturm i Paul Johnson _..._..__... --.. ........... ...... Chief Operations Officer VP Nashville Office Kate Gasner Director of Water&Energy Efficiency Kris Williams Lucy Andrews William Elman Roy Benjamin Kevin Burgers Project Manager Project Manager Project Manager Project Manager Project Manager Team of 7 Field Technicians&Leak Detection � 5 ecialists Figure 5:WSO Organizational Chart 22 28057.00001121505831.1 Location The WSO team will be performing work from the San Francisco office, located at 290 Division St. Suite 311,San Francisco,CA, 94103. SCHEDULE Table 1 outlines the estimated timing for each of the tasks for MWDOC's Water Loss Control Program. WSO hereby assures sufficient capacity for delivery of the outlined scope of work by the schedule provided. ten.., ...-----..--�..��....:.._...5. .�....�.......—.,.._.,........�+..,..._.,.._.......,-..:....,,...i..�...b....-...,....�., tt � xuia za>B i TASK, PROGRAM ELEMENT I target deadline '� - ----_, Q4 Q1 Qz (X4 PROAEC!'AOKNIS'TRATION 'setup WLCC early, i &WLGC COOR[IINATiON on ( g o ing adfn n �' _.� �.�..... ...... .�• ..,. .3:. .. ............� ; Z `TECHNICALASOSTANC$ April 2016 i 3 COMPONENT ANALYSIS October 20x6 '.4 LEAK DETECTION October 2016 _. ........................... ........... ............... 5 REPORT PREPARATION �Decetrfher 2618 . 111111 ... ....... .................... .....I...... ............ .........,............. .... ._,. ....... Table 1:Estimated Schedule for Completion of MWDOC Water Loss Control Program DETAILED BUDGET AND SUPPORTING DOCUMENTATION The following tables detail the hours for WSO staff members, for each task in the MWDOC Water Loss Control program.All tasks are presented on a per agency basis. As required, we present two cost scenarios for tasks 2, 3 and 5: a low cost scenario and a high cost scenario. Each utility has unique data protocols and data quality; some are much more "validation- ready" (they have complete and accessible data documentation for each volume)than others.The level of complexity for each analysis can vary widely depending on the utility's setup. As such, the low cost scenario describes each task cost for a straight-forward analysis with a "validation-ready" utility; the high cost scenario describes each task cost where there is higher complexity and more data integrity investigations required. Table 2 outlines the low and high cost range for Tasks 2, 3, and 5. Please note that we have included a number of trips in Task 1 to attend and help facilitate the Water Loss Control Committee meetings. 23 28057.00001121505831.1 Table 2: Low and High Cost Range for Water Loss Program Services Revised following the Board Meeting) Tasks: WSO Estimated Cost Range Low I High Water Loss Control Committee (Core activity to be $32,200 funded by MWDOC) Task 1 — Project Administration and Progress $1,672 Reporting Task 2 —Technical Assistance for Preparation of $3,560 $6,620 "Top-Down" Distribution System Water Audits 22 hrs. 40 hrs. Task 3— Component Analysis: Volume and Value $17,600 $29,700 of Real and Apparent Losses 112 hrs. 192 hrs. Task 4— Locate and Quantify Leaks 25—50 miles = $400/mile 50— 100 miles = $350/mile 101+ miles = $300/mile Task 5— Report Preparation $4,200 $8,400 30 hrs. 60 hrs. Note: Tasks 1 —5 are Choice activities agencies can pick and choose from as needed. 6. Consultant Representative: Reinhard Sturm I 24 28057.00001121505631.1 ITEM NO. 7.3 AGENDA REPORT Meeting Date: January 28, 2016 To: Board of Directors From: Marc Marcantonio, General Manager Presented By: Delia Lugo, Finance Manager Dept: Finance Prepared By: Delia Lugo, Finance Manager Subject: Audit Services for Fiscal Year Ending June 30, 2016 SUMMARY: With the close of each fiscal year, it is required that an independent audit of the District's financial statements be performed, where as a result of the audit the auditing firm may express an opinion about whether the financial statements prepared by management are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles. STAFF RECOMMENDATION: That the Board of Directors authorize the General Manager to execute a Professional Services Agreement with White, Nelson, Diehl, Evans LLP in the amount of $22,575 for an additional year of audit services for the fiscal year ending June 30, 2016. DISCUSSION: The completion of the field audit work and Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ended June 30, 2015 concluded the Professional Services Agreement between Yorba Linda Water District and White, Nelson, Diehl, Evans for independent auditing services for the fiscal years ended June 30, 2011 through June 30, 2013 , with two subsequent one-year options. This would normally require staff to allocate time to prepare a Request for Proposal (RFP) for auditing services, mail the RFP to qualified independent accounting firms, evaluate the returned proposals and to rate the firms. Rating would include the firm's experience in auditing similar agencies, their individual audit approach and the cost to the District. Staff would then develop a short list for potential interviews or for Board review, make a recommendation to the Board, notify the selected accounting firm, complete a Professional Services Agreement, and then determine dates for the interim and field audit. This process typically takes 2-3 months to complete. In light of the additional assigned tasks and workload in response to the recent activities occurring at the District, it is essential to ensure that we are properly prioritizing and managing the allocation of projects and staff time to ensure all assigned deadlines are being met. As staff initiates the process to prepare the 2016/17 Operating Budget, prepares for the process to refinance the 2008 Certificates of Participation debt, prepares the analysis to determine potential credit adjustments to the SWRCB conservation standard, in addition to a myriad of special projects, current staffing limitations prevents the ability to complete the traditional RFP process. Staff contacted White, Nelson, Diehl, Evans LLP (WNDE) to solicit a proposal for an additional single year of audit services for the fiscal year ended June 30, 2016. The proposal for such services is in the amount of $22,575. Due to WNDE's familiarity of the District's philosophy and a historically successful working relationship, staff recommends executing a Professional Services Agreement with Diehl Evans & Company, LLP. ATTACHMENTS: Description: Type: WNDE proposalf for audit services 6-30-2016.pdf Proposal of Audit Services for 6/30/2016 Backup Material WHITE NELSON' DIEHL EVANS LLP January 19, 2016 Ms. Delia Lugo,Finance Manager Yorba Linda Water District 1717 E. Miraloma Ave. Placentia, CA 92870 Dear Delia: We are pleased that the District has requested a proposal for an additional year of audit services for the fiscal year ended June 30, 2016. White Nelson Diehl Evans LLP specializes in audits of special districts and has an extensive government services staff, which will enable us to continue to provide the same level of services we have provided in the past several years. The proposed fees listed below are increased by 3% compared to audit fees for the fiscal year 2015 audit. Our proposed annual fees are as follows: 2016 Audit of Yorba Linda Water District 22 575 If you have questions on the proposed fees, please contact me at (714)979-1300 or by email at npatel@wndecpa.com. Very truly yours, WHITE NELSON DIEHL EVANS, LLP rv-,:, P A'5'L Nitin P. Patel, CPA Engagement Partner 2875 Michelle Drive,Suite 300,hvinc,CA 92606 •Tel: 714.978.1300•Fax:714.9'78.7893 Ogice.r.oz.re.d in Orange cr acd San Die o Counties ITEM NO. 11.1 AGENDA REPORT Meeting Date: January 28, 2016 Subject: Meetings from January 29, 2016 - February 29, 2016 ATTACHMENTS: Description: Type: BOD - Activities Calendar.pdf Backup Material Backup Material Board of Directors Activity Calendar Event Date Time Attendance by: February 2016 Yorba Linda City Council Tue, Feb 2 6:30PM Beverage MWDOC Wed, Feb 3 8:30AM Melton OCSD Operations Committee Wed, Feb 3 5:OOPM Kiley/Beverage OCWD Wed, Feb 3 5:30PM Collett WACO Fri, Feb 5 7:30AM Hawkins/Kiley Interagency Meeting with City of Placentia and GSW Tue, Feb 9 2:OOPM Collett/Kiley LAFCO Wed, Feb 10 8:OOAM Beverage (As Needed) UWI Spring Conference Wed, Feb 10 1:OOPM Kiley Yorba Linda Planning Commission Wed, Feb 10 6:30PM Melton UWI Spring Conference Thu, Feb 11 8:OOAM Kiley Board of Directors Regular Meeting Thu, Feb 11 8:30AM UWI Spring Conference Fri, Feb 12 8:OOAM Kiley District Offices Closed Mon, Feb 15 7:OOAM Yorba Linda City Council Tue, Feb 16 6:30PM Collett MWDOC Wed, Feb 17 8:30AM Melton OCWD Wed, Feb 17 5:30PM Kiley Citizens Advisory Committee Meeting Mon, Feb 22 8:30AM Melton Joint Committee Meeting with City of Yorba Linda Tue, Feb 23 9:OOAM Collett/Beverage OCSD Wed, Feb 24 6:OOPM Kiley/Beverage Yorba Linda Planning Commission Wed, Feb 24 6:30PM Hawkins Board of Directors Regular Meeting Thu, Feb 25 8:30AM 1/25/2016 7:52:12 AM