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
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APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD
MEETING OF JANUARY 28, 2016
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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
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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
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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.
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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-
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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
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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.
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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
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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.
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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
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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.
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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;
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§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;
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§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.
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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.
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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
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....
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
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i 813W% 190 26 I 25 1 AR 178 Mob "; i Flowflg ":. i Cett a Owe.._...18d27'00.80n�.. ..BBd{081bM
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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