Loading...
HomeMy WebLinkAbout02-17-15 EO&WR Committee PacketOTAY WATER DISTRICT ENGINEERING, OPERATIONS & WATER RESOURCES COMMITTEE MEETING and SPECIAL MEETING OF THE BOARD OF DIRECTORS 2554 SWEETWATER SPRINGS BOULEVARD SPRING VALLEY, CALIFORNIA Board Room TUESDAY February 17, 2015 3:00 P.M. This is a District Committee meeting. This meeting is being posted as a special meeting in order to comply with the Brown Act (Government Code Section §54954.2) in the event that a quorum of the Board is present. Items will be deliberated, however, no formal board actions will be taken at this meeting. The committee makes recommendations to the full board for its consideration and formal action. AGENDA 1. ROLL CALL 2. PUBLIC PARTICIPATION – OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO SPEAK TO THE BOARD ON ANY SUBJECT MATTER WITHIN THE BOARD'S JU- RISDICTION BUT NOT AN ITEM ON TODAY'S AGENDA DISCUSSION ITEMS 3. AWARD A CONSTRUCTION CONTRACT TO FORDYCE CONSTRUCTION, INC. (FORDYCE) FOR THE 450-1 DISINFECTION FACILITY REHABILITATION PRO- JECT IN AN AMOUNT NOT-TO-EXCEED $128,350 (CAMERON) [5 minutes] 4. APPROVE A NEW AGREEMENT FOR THE TEMPORARY DELIVERY OF EMER- GENCY WATER TO MEXICO (PORRAS) [5 minutes] 5. SECOND QUARTER OF FISCAL YEAR 2015 CAPITAL IMPROVEMENT PROGRAM REPORT (MARTIN) [5 minutes] 6. MID-YEAR STRATEGIC PLAN REVIEW (STEVENS) [5 minutes] 7. SAN DIEGO COUNTY WATER AUTHORITY UPDATE (WATTON) [10 minutes] 8. ADJOURNMENT 2 BOARD MEMBERS ATTENDING: Gary Croucher, Chair Tim Smith All items appearing on this agenda, whether or not expressly listed for action, may be delib- erated and may be subject to action by the Board. The Agenda, and any attachments containing written information, are available at the Dis- trict’s website at www.otaywater.gov. Written changes to any items to be considered at the open meeting, or to any attachments, will be posted on the District’s website. Copies of the Agenda and all attachments are also available through the District Secretary by contacting her at (619) 670-2280. If you have any disability that would require accommodation in order to enable you to partici- pate in this meeting, please call the District Secretary at 670-2280 at least 24 hours prior to the meeting. Certification of Posting I certify that on February 13, 2015 I posted a copy of the foregoing agenda near the regular meeting place of the Board of Directors of Otay Water District, said time being at least 24 hours in advance of the meeting of the Board of Directors (Government Code Section §54954.2). Executed at Spring Valley, California on February 13, 2015. /s/ Susan Cruz, District Secretary STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: March 4, 2015 SUBMITTED BY: Kevin Cameron Associate Engineer Bob Kennedy Engineering Manager PROJECT: R2112-001103 DIV. NO.: 2 APPROVED BY: Rod Posada, Chief, Engineering German Alvarez, Assistant General Manager Mark Watton, General Manager SUBJECT: Award of a Construction Contract to Fordyce Construction, Inc. for the 450-1 Disinfection Facility Rehabilitation Project GENERAL MANAGER’S RECOMMENDATION: That the Otay Water District (District) Board of Directors (Board) award a construction contract to Fordyce Construction, Inc. (Fordyce) and to authorize the General Manager to execute a construction contract with Fordyce for the 450-1 Disinfection Facility Rehabilitation Project in an amount not-to-exceed $128,350 (see Exhibit A for Project location). COMMITTEE ACTION: Please see Attachment A. PURPOSE: To obtain Board authorization for the General Manager to enter into a construction contract with Fordyce for the 450-1 Disinfection Facility Rehabilitation Project in an amount not-to-exceed $128,350. 2 ANALYSIS: Currently, the District receives recycled water at the 450-1 Reservoir from the City of San Diego's (City) South Bay Water Reclamation Plant (SB Plant). This reservoir, along with the 680-1 Pump Station (located at the same site), provides recycled water to the existing 680 and 927 Pressure Zones within the District's Central Area System. The 450-1 Disinfection Facility was constructed within the 680-1 Pump Station in 2008 to allow the District to boost the chlorine residual in the recycled water. In November 2013, one of the two sodium hypochlorite holding tanks at the Disinfection Facility developed a crack on the interior tank at the outlet, and according to the manufacturer, was not repairable. Furthermore, since the second tank is near the end of its useful life (8-10 years), it is advisable that both tanks be replaced. The new tanks are designed with a flexible outlet so that the same type of failure cannot occur. Other upgrades to the project include relocating the chemical feed pumps to the containment area where potential spills can be confined and replacing of the louver opening with a roll-up door to ease future maintenance. The design for this Project was completed in-house, and the Project was advertised on January 8, 2015 on the District’s website and several other publications including the San Diego Daily Transcript. A Pre-Bid Meeting was held on January 20, 2015 which was attended by three (3) contractors. Four (4) addenda were sent out to all bidders and plan houses to address questions and clarifications to the contract documents during the bidding period. Bids were publicly opened on January 29, 2015, with the following results: CONTRACTOR TOTAL BID AMOUNT 1 Fordyce Construction, Inc. Santee, CA $128,350 2 Cora Constructors, Inc. Palm Desert, CA $133,277 3 Telliard Construction San Diego, CA $146,400 4 Tharsos, Inc. La Mesa, CA $153,800 5 NEWest Construction Company, Inc. San Diego, CA $156,600 The Engineer’s Estimate is $130,000. 3 Staff reviewed the submitted bids for conformance with the contract requirements and determined that Fordyce was the lowest responsive and responsible bidder. Fordyce holds a Class A, General Engineering, Contractor’s License, which meets the contract document’s requirements, and is valid through October 31, 2015. Three (3) references were contacted and all indicated Fordyce had a good performance record on similar projects. An internet background search of the company was performed and revealed no outstanding issues with this company. Cora Constructors submitted a bid protest on February 4, 2015, claiming Fordyce is not performing 50% of the bid price with their own forces, and they do not have the required experience to perform this work. Fordyce submitted a response to the bid protest on February 5, 2015, stating the subcontract value is 22% of the work, which coincides with their bid. Fordyce also stated the assertion that, “Fordyce does not have the required experience to perform the work” is vague with no substance. Staff concurred that their project experience is sufficient. In Fordyce’s opinion, the bid protest is without merit and substance, and Staff concurs. Staff has verified that the bid bond provided by Fordyce is valid. Staff will also verify that Fordyce’s Performance Bond and Labor and Materials Bond are valid prior to execution of the contract. FISCAL IMPACT: Joe Beachem, Chief Financial Officer The total budget for CIP R2112, as approved in the FY 2015 budget, is $190,000. Total expenditures, plus outstanding commitments and forecast, are $189,310. See Attachment B for the budget detail. Based on a review of the financial budget, the Project Manager anticipates that the budget is sufficient to support the Project. Finance has determined that 100% of the funding is available from the Replacement Fund. STRATEGIC GOAL: This Project supports the District’s Mission statement, “To provide high value water and wastewater services to the customers of the Otay Water District in a professional, effective, and efficient manner” and the General Manager’s Vision, “A District that is at the forefront in innovations to provide water services at affordable rates, with a reputation for outstanding customer service.” 4 LEGAL IMPACT: None. KC/BK:jf P:\WORKING\CIP R2112 450-1 Disinfection Facility Rehabilitation\Staff Reports\BD-03-04-15,Staff Report - 450-1 Disinfection Facility Rehab(KC-BK).docx Attachments: Attachment A – Committee Action Attachment B – Budget Detail Exhibit A – Location Map ATTACHMENT A SUBJECT/PROJECT: R2112-001103 Award of a Construction Contract to Fordyce Construction, Inc. for the 450-1 Disinfection Facility Rehabilitation Project COMMITTEE ACTION: The Engineering, Operations, and Water Resources Committee (Committee) reviewed this item at a meeting held on February 17, 2015. The Committee supported Staff's recommendation. NOTE: The “Committee Action” is written in anticipation of the Committee moving the item forward for Board approval. This report will be sent to the Board as a Committee approved item, or modified to reflect any discussion or changes as directed from the Committee prior to presentation to the full Board. ATTACHMENT B – Budget Detail SUBJECT/PROJECT: R2112-001103 Award of a Construction Contract to Fordyce Construction, Inc. for the 450-1 Disinfection Facility Rehabilitation Project Date Updated: 1/27/15 Budget 190,000 Planning Standard Salaries 2,972 2,972 - 2,972 Total Planning 2,972 2,972 - 2,972 Design Standard Salaries 32,445 30,945 1,500 32,445 Total Design 32,445 30,945 1,500 32,445 Construction Standard Salaries 17,500 - 17,500 17,500 Construcion Contract 128,350 - 128,350 128,350 ABHE & SVOBODA, INC. Service Contracts 125 - 125 125 SAN DIEGO DAILY TRANSCRIPT Project Closeout 1,500 - 1,500 1,500 CLOSEOUT Project Contingency 6,418 - 6,418 6,418 5% CONTINGENCY Total Construction 153,893 - 153,893 153,893 Grand Total 189,310 33,917 155,393 189,310 Vendor/Comments Otay Water District R2112 - 450-1 Disinfection Facility Rehabilitation Committed Expenditures Outstanding Commitment & Projected Final Cost OTAY WATER DISTRICT450-1 DISINFECTION FACILITY REHABILITATIONLOCATION MAP EXHIBIT A CIP R2112F P:\WORKING\CIP R2112 450-1 Disinfection Facility Rehabilitation\Graphics\Exhibits-Figures\Exhibit A.mxd PROJECTSITE %&s !\ PRIVATE ACCESS ROAD BRANDYWINE AVE E P A L O M A R S T E O R A N G E A V E MAXWELL RD MAIN ST MAIN ST OLYMPIC PKWYVICINITY MAP PROJECT SITE NTSDIV 5 DIV 1 DIV 2 DIV 4 DIV 3 ?ò Aä%&s ?p ?Ë !\ F 0 1,000500 Feet STAFF REPORT TYPE MEETING:Regular Board SUBMITTED BY: Pedro Porras,Chief Water Operations MEETING DATE:March 4,2015 PROJECT:DIV.NO.ALL APPROVED BY:g]German Alvarez,Asst.General Manager ^Mark Watton,General Manager SUBJECT:New Agreement for Temporary Emergency Delivery of Water to Mexico GENERAL MANAGER'S RECOMMENDATION: That the Board authorize the General Manager to execute the proposed (Attachment B)"Agreement for Temporary Emergency Delivery of a Portion of the Mexican Treaty Waters of the Colorado River to the International Boundary in the Vicinity of Tijuana,Baja California, Mexico, and for Operation of Facilities in the United States." COMMITTEE ACTION: See Attachment A PURPOSE: The purpose of this report is to request authorization to execute the proposed agreement to deliver the Mexican Treaty Waters during emergencies. ANALYSIS: During the Board of Directors'Meeting held on February 5,2014, under agenda item 7e,the General Manager was authorized to execute "Amendment No. 2 to Agreement for Temporary Emergency Delivery of a Portion of the Mexican Treaty Waters of the Colorado River to the International Boundary in the Vicinity of Tijuana,Baja California, Mexico,and for the Operation of Facilities in The United States." On May 19,2014,prior to the execution of the proposed Amendment, the U.S.Bureau of Reclamation (USBR)recommended to reformat this Amendment in an effort to better reflect past practices and to simplify it.Consequently,the U.S.agencies involved in delivering water to Mexico introduced several changes to the formatting and a few words were changed as well. Its content basically remained the same with all of our original changes and comments in it. Nonetheless,because of the time that has elapsed and form/structural changes on Amendment No.2 previously submitted to the Board,Staff is resubmitting this item to the Board.The form of the original document has changed from an Amendment to a new agreement.In addition,there are some structural changes to what the Board saw last February,such as;the Emergency Repair and Planned Project funds being combined instead of being separate funds,clarification on how to be compensated during an emergency and the addition to perform meter calibration. FISCAL IMPACT:^Joe Beachem,Chief Financial Officer As mentioned in the February 5,2014 Board of Directors'Meeting, no fiscal impact is anticipated with the adoption of this wheeling agreement.On January 21,2015 the Board approved the new wheeling rate that covers all District expenses.The rate is now $70.37 per acre foot for Mexico water wheeled to Mexico for calendar year 2015. STRATEGIC GOAL: Deliver high quality services to meet customer needs and increase confidence of the customer in the value the District provides. LEGAL IMPACT: No legal impact is anticipated at this time. Attachments:Attachment A -Committee Action Attachment B -New Proposed Agreement SUBJECT/PROJECT: OTAY ATTACHMENT A New Agreement for Temporary Emergency Delivery of Water to Mexico COMMITTEE ACTION: The Engineering,Operations and Water Resources Committee reviewed this item on February 17, 2015,and the following comments were made: NOTE: The "Committee Action"is written in anticipation of the Committee moving the item forward for board approval.This report will be sent to the Board as a committee approved item,or modified to reflect any discussion or changes as directed from the committee prior to presentation to the full board. ATTACHMENT B DRAFT AGREEMENT FORTEMPORARYEMERGENCY DELIVERYOF A PORTIONOF THE MEXICAN TREATY WATERS OF THE COLORADO RIVER TO THE INTERNATIONAL BOUNDARY INTHE VICINITY OF TIJUANA,BAJA CALIFORNIA, MEXICO,AND FOR OPERATION OF FACILITIES INTHE UNITED STATES This Agreement for Temporary Emergency Delivery ofa Portion ofthe Mexican Treaty Watersof the ColoradoRiver to the InternationalBoundaryin the Vicinity ofTijuana,Baja California,Mexico,and forthe Operation of Facilities inthe United States ("Agreement")is becomes effective onthe day of ,2015 ("Effective Date")andwill terminate,except as provided inArticle 18(a),onthe day of ,2020 ("Termination Date"),pursuant to the Act of Congress approved June 17,1902 (32 Stat.388),and Acts amendatory thereof or supplementary thereto,including but not limited to the Boulder Canyon Project Act,enacted December 21,1928 (45 Stat.1057),allof which are commonly known and referred toas Federal Reclamation law,by and among the United States of America ("United States"),acting byand through the United States Commissioner,International Boundary and Water Commission,United States andMexico ("UnitedStates Commissioner"),andthe Secretary of the Interior,acting by andthrough the Department ofthe Interior,Bureau of Reclamation ("Reclamation");The Metropolitan Water District of Southern California ("Metropolitan"),a public corporation of the Stateof California;the SanDiegoCountyWater Authority ("Authority"),a public corporation of the State of California; and the Otay Water District ("OWD"),a public corporation ofthe State of California.Metropolitan,Authority, and OWDare sometimescollectively referredto as "California Agencies." The International Boundary and Water Commission,United States and Mexico, hereafter referred to as the "Commission,"or "IBWC,"is comprised of two sections - the United States Section, International Boundary and Water Commission ("USIBWC"),headed by the United States Commissioner,andthe Mexican Section,International Boundary andWaterCommission ("Mexican Section"),headed by the Mexican Commissioner,International Boundary and Water Commission,United States and Mexico ("Mexican Commissioner"). A history ofthe development ofthisAgreement anda statement ofthe intent ofthe parties to this Agreement are attached hereto as Appendix A,which is incorporated as part ofthis Agreement. DEFINITIONS The following definitions apply herein: A. TheCityof Tijuana,Baja California,Mexico,andits surrounding area,arehereafter referred to as "Tijuana." B. The "United States-Mexico Treatyfor Utilization of Waters ofthe Colorado and Tijuana Rivers and ofthe Rio Grande,"Feb.3,1944,T.S.994 is hereafter referred toasthe "1944 Treaty." C. The United States Commissioner and the Mexican Commissioner signed MinuteNo. 32X(ExhibitA), dated [day,month] ,2015,of the International Boundaryand Water Commission (hereinafter referred to as "IBWC Minute") for Emergency Deliveries for Tijuanafor a period ending no later than , 2020, at the samepoint of deliveryas Minute No.310. D.The total amount ofthe waters ofthe Colorado River allotted annually to Mexico by the 1944Treaty will hereafter be referred to as "Treaty Water"; the amount ofsuch Treaty Water to be diverted from the Colorado River above Parker Dam for subsequent emergency delivery for Tijuana will hereafter be referred to as "Portion ofTreaty Water";and the emergency deliveries attheinternational boundary near Tijuana will hereafter be referred to as "Emergency Deliveries for Tijuana." E. An obligation of Mexico shall be deemed to mean"an obligation of Mexico as agreed to in Minute 32X." F. The facility,throughwhich Emergency Deliveries forTijuanaare delivered atthe international boundary about 1.1 mileseastofthe OtayMesaBorder Crossing,is hereafter referred to as the "Service Connection SD-TJ." G. The Comision Estatal De Servicios Publicos De Tijuana,the Mexican agency receivingthe Treaty Water, is hereinafter referred to as "CESPT." PROCEDURES The following procedures shall be used to implement this Agreement: A. When Mexico requests deliveries, the USIBWC will secure from the Mexican Section ofthe IBWC ("Mexican Section") an annual schedule ofrequests (hereinafter referred to as "Schedule ofRequests")for Emergency Deliveries for Tijuana. The Schedule of Requests will set forth an annual schedule ofdeliveries ofTreaty Water,broken down by month;the EmergencyDeliveries for Tijuana must be within the projected available capacities ofthe distribution system facilities in the United States at volumes no greater than 1,200 acre-feet (1.5 million cubic meters)/monfh.The Schedule ofRequests will show by month (1) the total request for Treaty Water, (2) the deliveries requested in the limitrophe section ofthe Colorado River, (3) the deliveries requested at the land boundary between the United States and Mexico near San Luis,Arizona,and (4) the Emergency Deliveries for Tijuana requested to be made at Service Connection SD-TJ at the international boundary,together with associated conveyance losses as calculated pursuant to Article 16 ofthis Agreement,to reflect the charge against Mexico's allotment provided in Article 10(a)ofthe 1944 Treaty.The quantities ofwater that would otherwise be delivered to Mexico inthe limitrophe section willbe reduced bythe amount of Emergency Deliveries for Tijuana and associated conveyance losses,ascalculated pursuant to this Agreement. B.Upon receipt USIBWC will review the annual Schedule of Requests for Emergency Deliveries for Tijuana and transmit it to Reclamation and the California Agencies, whichwilldeterminewhether all or a portionof suchrequestscan be met for that year. C. The USIBWC will ascertain from the Authority whether such requests can be met or to what extent a limitation ofdeliveries is foreseen in said year. D. The Authority shall coordinate the necessary functions ofthe California Agencies in regard to charges and payments for Emergency Deliveries for Tijuana.The format for the charges is reflected in Exhibit B,attached hereto andincorporated aspartofthis Agreement. E. The California Agencies acknowledge that due to unforeseen circumstances, Mexico may onrare occasions request changes to Emergency Deliveries for Tijuana.The California Agencies shallcooperatein goodfaithto effectsuch deliveries,if distribution system and treatment plant capacity are deemed available pursuant to Article 3 ofthis Agreement and, uptothe volume established in Article 8ofthis Agreement andunderthe sametermsand conditions provided in this Agreement. F. During any month that water is delivered through the Service Connection SD-TJ, anyparty involvedin this Agreementmay requestadditionalinformationor a meetingto verify meter readings, receive reports on the procedures for deliveries and handling of funds received from Mexico and exchange information,as well as jointly address any unforeseen situations that may arise regarding this matter. NOW,THEREFORE,in consideration ofthe mutual covenants herein contained,itis agreed as follows: ARTICLE 1.PERFORMANCE BY THE CALIFORNIA AGENCIES The California Agencieswill actasthe operation agencies fortheUnitedStates Commissioner for Emergency Deliveries for Tijuana under theterms and conditions ofthis Agreement,pursuant to terms oftheIBWC Minute.A true copy ofthe English textof the IBWC Minute is attached hereto as Exhibit A and incorporated as a part hereof. ARTICLE 2.TIMING FOR THE SUBMISSION OF THE SCHEDULE OF REQUESTS Forthe initialemergencydeliveryofwaterunderthis MinuteNo. 320,the United States Commissioner will submit to the California Agencies and Reclamation a schedule ofthe requested emergency water deliveries broken downbymonthat least45dayspriorto the delivery startdate.Forany subsequentyear,anannual schedule willbe submittedby September 15 ofthe preceding year..The Schedule of Requests willreflectrequestedwater deliveries for each month ofthe annual period for which the request is made, within the limitations set out in Article 8 ofthis Agreement. With each Schedule of Requests, the United States Commissioner shall include the progress report received from Mexico on plans and other actions to securea firm water supply for Tijuana. ARTICLE 3.CAPACITY DETERMINATION BY CALIFORNIA AGENCIES Upon receipt ofa Schedule of Requests, the California Agencies shall determine in their sole discretion whether capacity is available in their water distribution systems and at Metropolitan's Robert A.Skinner Treatment Plant for all or a portion ofthe requested Emergency Deliveries for Tijuana,and shall provide that determination to the Authority,which in turn will provide it to the Commission by October 15,or in the case of initial deliveries under this Agreement,within 30 days of receipt of the Schedule of Requests.Ifthe California Agencies determine that capacity is not available for acalendar year,this Agreement shall not be operative for that calendar year.However,aSchedule of Requests for subsequent calendar years may be submitted. ARTICLE 4. TIMINGAND COMPONENTS OFTHE SCHEDULE OF CHARGES Timing of Schedule of Charges:The Authority shall provide an itemized Schedule of Charges consistent with the California Agencies'United States rate setting practices in Southern California ("Schedule ofCharges")tobepaid by Mexico for the amount of Emergency Deliveries for Tijuana that are to be accomplished based on the determination performed in Article 3of this Agreement.The charges included inthe Schedule ofCharges shall be determined by October 15 ofthe year preceding deliveries and shall remain constant until changed by one or more ofthe California Agencies except for charges associated with the cost of energy,which shall be estimated and updated for each quarterly period,in which deliveries are scheduled,in accordance with thisArticle.The Authority shall provide the United States Commissioner the Schedule of Charges by October 15 oftheyear preceding deliveries and thereafter,provide a quarterly update 45 days prior to the beginning of each quarterly period.On a quarterly basis,when deliveries are scheduled,the Agencies shall update the Schedule of Charges to reflect energy costs for the subsequent quarter."Quarter"or "quarterly"shall mean thefour consecutive increments of three-month periodseachcalendaryear,beginning withthe first month ofthe calendar year;quarterly requirements hereinshallonlybe required for quarters in which scheduled deliveries occur.In the case of initial deliveries to Mexico under this Agreement,the Authority shall within 30 days of receipt ofthe Schedule of Requests,provide a Schedule of Chargesfor deliveriesthroughthe end of the initial quarter. 6 In addition to the Schedule ofCharges and quarterly updates,the Authority shall,by October 15 of the year preceding deliveries,provide the United States Commissioner a determination as to whether payment into the Energy Reserve Fund-and the Planned Project and Emergency Repair Reserve Fund,established pursuant to Article _5_,is required and,if so,the amount of such payment(s). Components of Schedule of Charges:The Schedule of Charges shall include:(a)Base Cost ofDeliveries;(b)Planned Project and Emergency Repair Reserve Fund;and (c)Energy Reserve Fund.Each component is calculated as follows: (a)The Base Cost ofDeliveries includes: (1)The charge for the use of the existing diversion and conveyance works of Metropolitan and the treatment charge for such water at rates consistent with the California Agencies'United States rate setting practices in Southern California,plus the average monthly energy cost,including foregone sales and exchanges,incurred by Metropolitan to convey the incremental amount ofMexico's water through the Colorado River Aqueduct,the loss of Metropolitan's share ofenergy generated at Parker Dam Power Plant,and any other Colorado River Aqueduct energy cost or loss ofenergy that results from such Emergency Deliveries.An estimated charge for electric energy and losses shall be provided for quarterly,which will be reflected in the quarterly update ofthe Schedule ofCharges.Actual charges for electric energy and losses shall be provided by Metropolitan in its monthly invoice to the Authority pursuant to Article 7 ofthe Agreement. (2)The charge for the use ofthe existing conveyance works ofthe Authority for Emergency Deliveries for Tijuana at rates consistent with the California Agencies'United States rate setting practices in Southern California. (3) The charge for use ofconveyance facilities ofOWD, including distribution system facilities used for Emergency Deliveries for Tijuana at rates consistent with the California Agencies' United States rate setting practices in Southern California. (b)Planned Project and Emergency Repair Reserve Fund. (1) An annual charge in an amount determined as provided in Article 5(b) for deposit in the Planned Project and Emergency Repair Reserve Fund. The annual charge shall be invoiced and paid before the beginning ofeach calendar year. (2) OWD may withdraw funds from the Planned Project and Emergency Repair Reserve Fund for emergency work on the equipment or facilities used for the purpose ofdelivering waters to Tijuana for operations,safety, or security purposes.Emergency repairs shall proceed as stipulated in Article 5(b)ofthis Agreement. (3) OWD may withdraw funds from the Planned Project and Emergency Repair Reserve Fund for planned purchase,installation,construction,repair or replacement ofequipment or facilities used for the purpose of Emergency Deliveries for Tijuana or for improvements for the purpose ofthe security ofsuch facilities (each a "Planned Project").OWD,upon receipt ofa Schedule ofRequests for Emergency Deliveries for Tijuana,shall perform meter calibration of Service Connection SD-TJ in order to guarantee flow accuracy to Mexico.OWD shall be reimbursed for any cost incurred from the Planned Project and Emergency Repair Reserve Fund for this initial work.Any other planned project shall only proceed upon authorization by CESPT, the Mexican agency receiving the Treaty water. OWD shall provide a description ofthe Planned Project and the estimated expenditures to the Authority.The Authority shall submit the description and estimated expenditures to the United States Commissioner.Upon Mexico's approval of the Planned Project and the associated estimated expenditures,the OWD may withdraw funds from the Planned Project and Emergency Repair Reserve Fund. (4)When the Authority withdraws funds from the Planned Project and the Emergency Repair Reserve Fund,the United States Commissioner shall obtain from the Mexican Section funds necessary toreplenish the Planned Project and Emergency Repair Reserve Fund tothelevel established on October 15 ofthe preceding year orfor theinitial delivery period.The United States Commissioner shall make all such funds received from Mexico available by depositing said funds with the Authority. (5)Upon completion ofaPlanned Project,OWD shall submit a final cost accounting to the Authority and the Authority will transmit the cost accounting to the United States Commissioner. (6)In the event the actual costs ofaPlanned Project or an Emergency Project exceed the Planned Project and Emergency Repair Reserve Fund,OWD shall submit an invoice to the Authority for such excess costs.The Authority will forward the invoice and the OWD's final cost accounting to the United States Commissioner for collection from Mexico ofpayment for the excess costs and the funds necessary to replenish the Planned Project and Emergency Repair Reserve Fund to the requisite level.The United States Commissioner shall transmit such funds to the Authority for deposit inthe Authority Account.The Authority shall pay OWD's invoice forexcess costsupondepositof such funds inthe Authority Account. (c)Energy Reserve Fund.-An Energy Reserve Fund shall be established to cover additional charges due to the fluctuations inenergy costs.The dollar amount required for the Energy Reserve Fund shall be estimated on a quarterly basis before each quarterly delivery period and it shall not be-greater than FIVE HUNDRED THOUSAND U.S. DOLLARS ($500,000). (d)The charges,including the estimated energy charges,described in Article 4 (a)and (c), shallbestatedas chargesperacre-footof Emergency Deliveries forTijuana,including volumes statedinacre-feetto be charged by each agencyas conveyancelosses pursuant to Article 16 of this Agreement. ARTICLE 5.PAYMENT ACCOUNT FOR WATER DELIVERIES AND RESERVE FUNDS (a) The Authority shallestablisha separate accountwithintheAuthority's accounting system ("Authority Account")forthe purpose of accounting forreceiptand disbursement of funds for payment for Emergency Deliveries for Tijuana pursuant tothisAgreement.As described inthis Article 5, funds that are received from Mexico through the United States Commissioner for payment of estimated chargesfor deliveries as setforthinthe Schedule of Charges,including, deposits intothePlannedProjectand Emergency Repair Reserve Fundand Energy Reserve Fund if required bytheCaliforniaAgenciesto providepaymentinthe eventthat actualcharges for deliveries exceed estimated charges due to fluctuations in energy charges. Funding for implementation of a planned project, and/or implementationof an emergency repair shallbe maintained in and paid from the Authority Account. When Metropolitan provides a quarterly estimated energy charge,pursuant to Article 4,Metropolitan shall also provide a determination to the Authority as to whether payment into the Energy Reserve Fund is required for the following quarter. (b)Within the Authority Account,a Planned Project and Emergency Repair Reserve Fund shall be established for the purpose ofaccounting for, receipt, and disbursement offunds for payment for the actual cost incurred by OWD for emergency purchases,installation, construction,repair or replacement ofequipment or facilities used for the purpose ofEmergency Deliveries for Tijuana or for emergency improvements for the purpose ofthe security ofsuch 10 facilities ("Emergency Projects")or for planned purchases,installation,construction,repair or replacement of equipment or facilities used for the purpose of Emergency Deliveries for Tijuana or for planned projects for the purpose ofthe security ofsuch facilities ("Planned Projects").The amount ofthe Planned Project and Emergency Repair Reserve Fund shall be determined by OWD annually,in consultation with the Authority,based on historical data for such Emergency Projects and Planned Projects and shall reflect the amount deemed reasonably necessary to cover the costs ofEmergency Projects and Planned Projects in the next calendar year.The minimum Planned Project and Emergency Repair Reserve Fund balance shall be no less than SEVENTY THOUSAND U.S.DOLLARS ($70,000)and the maximum balance no greater than TWO HUNDRED AND FIFTY THOUSAND U.S. DOLLARS ($250,000). OWD shall,by October 10 of each year,submit its determination of the annual charge to be collected for and deposited in the Planned Project and Emergency Repair Reserve Fund under Article 4(b).Upon execution of this Agreement,OWD shall provide within thirty (30)days a determination ofthe charge tobe initially collected and deposited inthe Planned Project and Emergency Repair Reserve Fund under Article 4(b).Before the initial delivery period and thereafter at the beginning of each calendar year,theUnited States Commissioner shall collect such funds as specified in Article 4(b)and provide them totheAuthority for deposit into the Planned Project and Emergency Repair Reserve Fund established by Article 4 (b). To access the Planned Project and Emergency Repair Reserve Fund in the event ofanemergency,OWD shall immediately respond and perform any work necessary to maintain the appropriate level ofsafety and security ofthe site and shall notify USIBWC and CESPT of said initial work as soon as practicable following the occurrence ofthe emergency.OWD shall be reimbursed foranycost incurred from the Planned 11 Project and Emergency Repair Reserve Fund for this initial response.Any additional emergency repairs,necessary to restore the proper operation of the facility,shall proceed upon authorization by CESPT,the Mexican Agency receiving the Treaty water,when it is practical to obtain such authorization prior to the final emergency repair.Upon OWD receiving Emergency Project authorization from CESPT through USIBWC,the final repairs shall be performed by OWD. Upon completion of an Emergency Project,OWD shall submit afinal cost accounting to the Authority and the Authority will forward such cost accounting to the United States Commissioner for transmittal to Mexico.The Authority may draw from the Planned Project and Emergency Repair Reserve Fund to pay OWD for the Emergency Project.In the event that an Emergency Project is not authorized by CESPT through USIBWC,the Service Connection SD- TJ will be deemed inoperable and the Commission shall determine the termination ofthis Agreement as stipulated in Article 18 of this Agreement.In the event the Planned Project and Emergency Repair Reserve Fund is insufficient or is depleted after commencement of aproject, the United States Commissioner shall obtain additional funds from Mexico and transfer those funds to the Authority at the time ofdepletion to complete the project and to replenish the reserves to the amount determined by OWD for that calendar year.Inthe event the actual costs of an Emergency Project exceed the reserves,OWD shall submit an invoice to the Authority for such unpaid costs and replenishment of the Planned Project and Emergency Repair Reserve fund. The Authority will forward the invoice to the United States Commissioner for collection of funds from Mexico for transmittal of such funds to the Authority for deposit intheAuthority Account. The Authority will pay OWD the unpaid costs upon receipt ofsuch funds from the United States Commissioner. 12 (c)Payment for the charges referred to in Article 4(a)and (c)will be made on a quarterly basis.Each quarterly payment will be for the Base Cost ofDelivery for the corresponding quarterly period in which Emergency Deliveries for Tijuana are to be made,and for Energy Reserve Funds as determined byMetropolitan.The United States Commissioner shall determine the availability of funds provided by Mexico 15 days before the beginning ofthe corresponding quarter during which deliveries shall be made or,for initial deliveries,15 days before the beginning ofthe delivery.The United States Commissioner shall make all such funds received from Mexico available by depositing said funds with the Authority.Funds forinitial deliveries pursuant to this Agreement shall be established prior to initiation ofthe Emergency Deliveries for Tijuana.The amount of funds provided by Mexico through the United States Commissioner shall be calculated bythe Authority andshall be equal tothe estimated total charge ofthe Emergency Deliveries for Tijuana tobeprovided for thecorresponding quarterly period, determined bythe volume ofthe Emergency Deliveries for Tijuana together withassociated conveyance losses,atarateper acre-foot totaling thesumof charges referred toin Article 4(a) and(c)for Emergency Deliveries for Tijuana,lessany amount estimated bythe Authority that willremaininthe accountfrom previouspaymentsby Mexicoafter deduction of paymentsfor the previous quarter,andafteraccounting for the Planned Project and Emergency Repair Reserve Fund and Energy Reserve Fund, if required, as provided below. Inasmuch as delivery costs may change during the term ofthis Agreement, they will be set forth in an Exhibit B as formulated or modified as necessary,except for estimated charges associatedwith the cost ofenergy, which shall be provided for quarterly, and which shall be indicatedas actual energy charges in each monthly invoice. Exhibit B is attached hereto, and is 13 incorporated intothis Agreement in accordancewith its respectiveprovisions until superseded by a subsequent Exhibit B. (d) The Authority shall maintain an Energy Reserve Fund in the Authority Account in excess of estimatedquarterly charges. The purpose ofthe Energy Reserve Fund is to provide payment of actual energy charges for deliveries that may be in excess ofestimated energy charges. The amount ofthe Energy Reserve Fund shall be determined by Metropolitan, and shall reflect the amount deemed reasonably necessary by Metropolitan to cover potential discrepancies between estimated and actual charges due to fluctuations in energy costs. Energy Reserve Funds in the AuthorityAccountshall not exceed FIVE HUNDREDTHOUSANDDOLLARS ($500,000).In the event that Energy Reserve Funds are depleted or are forecasted to be depleted in any quarter, when payment ofestimated charges for the next quarter are provided, the United States Commissioner shall obtain from Mexico a payment to maintain the Energy Reserve Fund at the requisite level for the next quarter. In the event Energy Reserve Funds exceed the amount determined by Metropolitan,such excess amount shall be applied to payment ofestimated charges for the next quarterly period,or upon the written instruction ofthe United States Commissioner,shall remain in the Energy Reserve Fund. (e) The Authority shall credit the Authority Account for interest earned on the account based on the average monthly interest as reported on the Authority's Monthly Treasurer's Report for the Authority Operating Fund,and will be calculated at the end of each month.Interest earned shall be treated as payments from Mexico through the United States Commissioner.The Authority shall notify the other California Agencies,after receiving notice from the United States Commissioner,when funds for each quarter have been received from Mexico and transferred to the Authority. 14 ARTICLE 6.UNANTICIPATED ADDITIONAL EMERGENCY DELIVERIES OR REDUCTIONS IN DELIVERIES (a)Additional Deliveries Requested by Mexico.During any quarterly period,Mexico may request,through the United States Commissioner,unanticipated additional Emergency Deliveries for Tijuana from the California Agencies.Ifthe California Agencies agree to additional Emergency Deliveries for Tijuana,the California Agencies shall calculate a Schedule ofCharges for such deliveries in accordance with Article 4,herein,andanyadditional request for Energy Reserve Funds in accordance with Article 5herein.The Authority shall inform theUnited States Commissioner of the extent to which theCalifornia Agencies have agreed to such unanticipated additional Emergency Deliveries for Tijuana and the amount ofadditional funds that shall be deposited into the Authority Account.The United States Commissioner shall notify Mexico and secure from Mexico the additional funds within 15 days of notifying Mexico.TheCalifornia Agencies may,in their sole discretion and under extraordinary circumstances,agree to make additional Emergency Deliveries for Tijuana prior to receiving payment as provided inthis Article.However,in such case,the United States Commissioner shall secure payment from Mexico for such deliveries immediately,and if such payment isnot made immediately,the California Agencies may draw on any available funds in the Authority Account as payment for suchEmergencyDeliveriesfor Tijuana. (b)Reductions inDeliveries Requested by Mexico.Mexico may,during the course ofa calendar year,request reductions in the amount of Emergency Deliveries for Tijuana that had been determined according tothe procedures in Articles 2 and 3ofthis Agreement.The Authority,inconsultation with the other California Agencies,shall comply with an appropriate request for reductions unless a California Agency determines,inits sole discretion that such 15 reductions would result in a financial loss to that agency.In the event that a reduction in Emergency Deliveries for Tijuana is requested by Mexico pursuant to this Article,any payments that have previously been made by Mexico,through the United States Commissioner to the Authority for such Emergency Deliveries for Tijuana shall be retained in the Authority Account and applied to payment for future Emergency Deliveries for Tijuana. (c)Except in extraordinary circumstances,Mexico may not submit any request for unanticipated additions or reductions in Emergency Deliveries for Tijuana for any time period that is covered in any previous request for unanticipated additions or reductions pursuant to this Article. ARTICLE 7.COORDINATION OF PAYMENTS AND CHARGES The California Agencies shall coordinate the charges and payments and like matters pertaining to Emergency Deliveries for Tijuana as follows: (a)IBWC shall certify delivery amounts through monthly meter readings at Service Connection SD-TJ for themonths thatEmergency Deliveries for Tijuana are made,and forward a written certification to the Authority by 5:00 p.m.onthe first working day after the end ofthe month in which the delivery was made. (b)Contingent on timely receipt from IBWC,the Authority will then prepare itemized statements ofcosts orcharges,based onthe certified monthly meter readings,in the form attached as ExhibitBhereto,and forward such statements,alongwiththe certifiedmeter readings to OWD,Metropolitan,Reclamation,and the United States Commissioner before 3:30 p.m.on the third working day after the end ofthe month in which the Emergency Deliveries for Tijuana were made. 16 (c)Metropolitan's monthly invoice to the Authority,which contains an accounting of charges for Metropolitan water deliveries to the Authority including Emergency Deliveries for Tijuana,shall include:(1)A treated water credit to the Authority at Metropolitan's full service rate for the amount of water delivered as calculated on Line 8 of Exhibit B for the current billing month;(2)A charge tothe Authority,as calculated on Line 16of Exhibit B,for Metropolitan's costs associated with providing the Emergency Deliveries forTijuanaduring the current billing month;(3)Acreditequalto Metropolitan's estimated energy charge as shownonthe invoice for the previous month billing of Emergency Deliveries for Tijuana;and(4)A charge equal to Metropolitan's actual energycostsforthe previous month billing of Emergency Deliveries for Tijuana. (d) TheAuthority's monthlyinvoiceto OWD,which contains an accounting of charges for Authority water deliveries to OWD including Emergency Deliveries forTijuana,shall include: (1)Atreatedwatercredit to OWD at the Authority's full servicerate for the amountof water delivered as calculated on Line 3 ofExhibit B for the current billing month;and (2) A credit to OWD as calculated on Line 5 ofExhibit B for OWD's costs associated with providing the Emergency Deliveries for Tijuana for the current-billing month. (e) The Authority shall withdraw funds monthly from the Authority Account for payment to the Authority based on the Authority's costs as calculated on Line 10 ofExhibit B. (f) Within 30 working days after the end ofthe month in which Emergency Deliveries for Tijuana were made,Metropolitan shall inform the Authority in writing or by electronic mail of its actual energy charge per acre-foot for Emergency Deliveries for Tijuana for that month. (g) The Authority shall provide a quarterly report for quarters when no deliveries are made and a monthly report for periods when deliveries aremade,onor about the 20th day ofthe 17 month,tothe United States Commissioner for submittal to Mexico,which shall include an itemized listofthe costs to or charges ofeachCalifornia Agency forthe Emergency Deliveries for Tijuana made during the previous month,total funds withdrawn from Mexico's account,the interest earned on the funds in the account, and the balance remaining in the account. The Authority shall retain appropriate vouchers to support the itemized statements ofcosts orcharges in accordance with the provisions ofthis Article. (h)IBWC may request clarifications tothemonthly report from the Authority within 60 days.Inthe event ofa dispute regarding a statement of costs and charges submitted inthe Authority Monthly Reportto the United States Commissioner,theUnited States Commissioner andthe General Managerof the Authority shall immediately take actionto resolvethe matter.If the United States Commissioner does not object to information contained in the Monthly Report withinsixty(60)daysof itsreceiptfromthe Authority,it shallbe conclusively determined that the United States Commissioner and Mexico agree with the information contained in such report. (i) Upontheterminationofthis Agreement,theAuthorityshallsettleand reconcile all the actual charges for said Emergency Deliveries for Tijuana and liquidate the corresponding fundsprovided for their payment. The Authority shall prepare a final balance sheet covering actual costs for the delivered waters and submit such final settlement to the United States Commissioner for review and approval, which shall not be unreasonably withheld. The United States Commissioner shall return his approval or objections ofthe Authority's final settlement of the Authority Account,including the Planned Project and Emergency Repair Reserve Fund and the Energy Reserve Fund, to the Authority within sixty (60) days after their receipt by the United States Commissioner.The United States Commissioner shall make a final settlement to Mexico and shall return to Mexico any remaining funds including interest earned,and the Authority shall 18 close the Authority Account.In the event funds are not sufficient to cover charges upon final settlement,Mexico shall within 15 days of notification by the United States Commissioner provide additional funds in that amount,which shall be transferred to the Authority,for disbursement to the appropriate agencyor agencies. (j)The Authority shall retain detailed records offunds received and disbursements made pursuant to this Article for a period ofthree years after the final settlement offund administration. ARTICLE 8.SCHEDULES AND VOLUMES OF DELIVERIES Mexico's annual Schedule of Requests for Emergency Deliveries forTijuana shall bein volumes per month and shall be subject to the availability ofdelivery capacity ofthe California Agencies.The maximum monthly volume of the Emergency Deliveries for Tijuana atService Connection SD-TJ shallbeno greaterthanthe available capacity of approximately 1,200 acre- feet.The annual volume ofthe Emergency Deliveries forTijuanashallbe no greater thanthe available capacity of approximately 14,400 acre-feet.Mexico recognizes thatthe California Agencies'distribution system facilities are utilized first to meet water demands oftheir existing and future customers, which in time may decrease the maximum capacity of 1,200 acre-feet per month.The actual capacity willbe determined bythe California Agencies as stipulated in Article 3 ofthis Agreement. ARTICLE 9.DECREASE OR SUSPENSION BY CALIFORNIA AGENCIES Emergency Deliveries forTijuanadescribed hereinmaybe decreased or suspended temporarily atanytime,either inthe event ofa disruption ofthe distribution system,or,iffor other reasons,anyof the California Agencies is temporarily unableto supplyin its system the capacity orenergynecessaryforthe conveyance ortreatmentof the Portionof TreatyWater.In 19 the event that the California Agencies are not able to make the water deliveries because of capacity limitations,service interruptions or other emergencies,the California Agency or the California Agencies not able to make the water deliveries will notify the USIBWC before any suspension is implemented,except during unforeseeable emergencies when the Authority and the USIBWC will be notified assoon aspracticable as stipulated inArticle 5(b)and Article 10 of this Agreement.In the event that the California Agencies suspend or decrease water supply for reasons otherthanthose mentioned above,the Authority willreturnto the USIBWC for payment to Mexico funds equivalent to the cost or charges ofsuspended deliveries that Mexico may have paid in advance. ARTICLE 10.SHUTDOWNS AND EMERGENCIES Asset forth in Article 9 ofthis Agreement,Emergency Deliveries for Tijuana may be decreased or suspended temporarily when sufficient surplus capacity does not exist inthe distribution system facilities,orsufficient energy is not available,to be used hereunder to permit delivery ofEmergency Deliveries for Tijuana at Service Connection SD-TJ without creating an undue burden upon fulfilling the obligations of the California Agencies to their respective customers.In accordance therewith,since regular shutdowns of aqueducts and distribution and treatment facilities occur for inspection andmaintenance,andmayoccurbecause of unforeseen repair requirements or emergencies,the California Agencies shall not be responsible to make the Emergency Deliveries for Tijuana previously agreed upon except when itis reasonably practical todosoinviewoftheir existing capabilities andobligations totheirrespective customers.The Authority from time to time andas necessary will communicate through the United States Commissioner to Mexico regarding aqueduct shutdowns,limitations of available capacity orany other circumstances pertaining toanyofsaid California Agencies which may cause restrictions 20 ofwater deliveries to a rate of flow less than the amount previously determined pursuant to Article 3of this Agreement.In the case that the water deliveries were suspended by the Authority for reasons other than capacity limitations,service interruptions or other emergencies, the Authority shall withdraw funds from the Authority Account equivalent to the cost of suspended Emergency Deliveries for Tijuana and provide such funds to the United States Commissionerfor payment to Mexico. ARTICLE 11.COMMITMENTS BY RECLAMATION TO METROPOLITAN Reclamation,inconsideration ofthe obligations undertaken by Metropolitan in this Agreement,agrees with Metropolitan that the Portion of Treaty Water actually diverted by Metropolitan pursuant to this Agreement shall not be charged against Metropolitan's right to the delivery by Reclamation ofwaters from the Colorado River for Metropolitan's own use and that the charge of25 cents per acre-foot made by Reclamation for water intended for use within Metropolitan shall not be applied to the Portion ofTreaty Water diverted.For purposes of implementing the agreements with Metropolitan stated above,Reclamation shall utilize the monthly records ofEmergency Deliveries for Tijuana prepared in accordance with this Agreement. ARTICLE 12.TRANSPORTATION AND DELIVERY OFWATERBY METROPOLITAN (a)Metropolitan,upon notification by Authority that funds for Emergency Deliveries for Tijuana for the next quarterly period have been received,will transport waters for Emergency Deliveries for Tijuana in accordance with the Schedule ofRequests from Mexico and the annual determination by the California Agencies.The Portion ofTreaty Water will be transported from Lake Havasu through its aqueduct,and appurtenant facilities,and distribution system,and delivered,after deducting losses,tothe Authority at the terminus of Metropolitan's distribution 21 system in San Diego County,apoint approximately six miles south of the northern boundary of San Diego County. (b)Metropolitan shall be reimbursed in accordance with Exhibit Bfor:use of its existing diversion and conveyance works,electric energy,loss ofenergy generated at Parker Dam Power Plant,any other Colorado River Aqueduct energy cost or loss ofenergy that results from Emergency Deliveries,water treatment charges,and other expenses at a rate per acre-foot determined,on the basis ofinvoices to the Authority prepared in accordance with Article 7of this Agreement. (c)In the interest ofinternational comity and recognizing that Emergency Deliveries for Tijuana are necessary for the health and welfare ofthe people ofTijuana,Reclamation agrees that inorder to maximize use of available capacity,inany calendar year during the term ofthis Agreement when Metropolitan has surplus capacity temporarily available in its aqueduct, Reclamation upon demand by Metropolitan shall permit Metropolitan to divert additional quantities ofwater at its point ofdiversion from the Colorado River over and above both its right to delivery by Reclamation ofwater from the Colorado River for Metropolitan's own use in that year and the quantities making up the Portion ofTreaty Water being diverted for delivery in that year,up to aquantity equivalent to the estimated requirement for the Portion ofTreaty Water for the succeeding calendar year,such water to be stored inreservoirs within boundaries of Metropolitan rather than in Lake Mead,for Emergency Deliveries for Tijuana inthe following year.Reclamation shall not charge such stored quantity ofwater against Metropolitan's right to delivery by Reclamation ofwater from the Colorado River for Metropolitan's own use inthat year,but shall charge it against Treaty Water inthe year the emergency deliveries are made for Tijuana.All charges related to such stored water shall be made intheyear such Emergency 22 Deliveries forTijuanaare made.At thetimeofthe termination of this Agreement,if Metropolitan has any water in storage within the Metropolitanservice area that had been intendedfor future delivery to Mexico pursuant to this subsection, the amount of such water shall be determinedto be a delivery from Reclamation to Metropolitan of Metropolitan's Colorado River entitlement for the next succeeding calendar year, and Metropolitan shall have no obligationto deliversuch waterto Mexico. Metropolitanshall provide, in its monthly accountingreport to Reclamation, a report ofits diversions from Lake Havasu for Mexico's use at Tijuanaduringthe month for whichthe report is beingsubmitted,and any diversionsmadefor Mexico in excess of Mexico's need for Emergency Deliveries for Tijuana during the month for which the report is being submitted. (d) In months when Metropolitan would operate its aqueduct at full capacity for its own use, the transportation for Emergency Deliveries for Tijuana will displace water which, in the absence ofthis Agreement, would be transported for Metropolitan. In such event,transportation of Colorado River water for Metropolitan's use will be deferred (hereafter referred to as "Deferred Water") and must be pumped later in the calendar year or a succeeding year if and when economical power and aqueduct transporting capacity is available.Iffor any reason economical power or aqueduct transporting capacity in Metropolitan's aqueduct is not available during any calendar year ofthe term ofthis Agreement to transport the Deferred Water for Metropolitan's use,Reclamation,in order to make Metropolitan whole,shall deliver to Metropolitan during the next succeeding calendar year when economical power and aqueduct transporting capacity is available at Metropolitan's point of diversion from the Colorado River,a quantity ofwater equal to the amount ofany undelivered Deferred Water,which Metropolitan was unable to transport, during a previous calendar year by reason oftransporting Emergency Deliveries for Tijuana. 23 (e)In the event ofunavailability ofpower for pumping the Portion ofTreaty Water for delivery to the Service Connection SD-TJ Metropolitan shall be relieved ofits obligations under this Agreement for the periods ofunavailability.In the event the Emergency Deliveries for Tijuana utilize power ordinarily scheduled for use in pumping Metropolitan's Colorado River water which pumping has been deferred until later in the calendar year in order to permit the pumping ofthe Emergency Deliveries for Tijuana in the expectation ofsubsequently receiving supplemental capacity and energy from any source for pumping,and such Deferred Water and the required power are not provided or available as expected,Metropolitan shall be relieved ofits obligation to make the Emergency Deliveries for Tijuana for the period or periods during which suchDeferred Waterhas not been delivered.Deferred Watershallbethe firstwaterdelivered in the following calendar year. (f)In no event shall the pumping ofwater for Emergency Deliveries for Tijuana result in any effect onMetropolitan's use of energy pursuant toits contractual rights to federally generated hydroelectric power. ARTICLE 13.TRANSPORTATION AND DELIVERY OF WATER BY AUTHORITY The Authority shall receive delivery from Metropolitan of Emergency Deliveries for Tijuana,transport the water through itsdistribution system facilities,and deliver itto OWD at Service Connection No.13.Authority shallbe reimbursed fordeliverychargesandother expenses as specified in Article 7(d)atthe rate peracre-foot determined for that year,onthe basisof statementsprepared in accordancewithArticle 7 of this Agreement. ARTICLE 14.TRANSPORTATION AND DELIVERY OF WATER BY OWD OWDshallreceive delivery of the EmergencyDeliveriesfor Tijuana fromthe Authority's Service Connection No.13.OWD shall transport and deliver such water through its 24 distribution system facilities,including distribution system facilities constructed by separate agreement for connection with the Mexican water distribution system at Service Connection SD- TJ.OWD shall be reimbursed for delivery charges and other expenses as specified in Article 7(d)at the rate per acre-foot determined for that year,on the basis ofstatements prepared in accordance with Article 7ofthisAgreement.It shall render monthly statements tothe Authority as provided in Article 7 ofthis Agreement. ARTICLE 15.ENVIRONMENTAL COMPLIANCE The USIBWC actedas lead agency for compliance withall Federal lawsand regulations necessary to implement the Emergency Deliveries for Tijuana,including compliance with the National Environmental Policy Actof 1969,as amended,andthe Federal Endangered Species Actof 1973,as amended.Authority acted aslead agency for compliance withall State of California laws and regulations necessary to implement the Emergency Deliveries for Tijuana, including compliance with theCalifornia Environmental Quality Act and the California Endangered Species Act of 1984,as amended.In both the federal and state environmental processes,it was determined that diverting,conveying,and treating the Emergency Deliveries for Tijuana^will not have an environmentalimpact. ARTICLE 16.COMMINGLING OF WATER AND CONVEYANCE LOSSES Water may be commingled within the systems oftheCalifornia Agencies and accounted for according to usual water accounting practices,with theconveyance losses credited to each of the parties according tothe following percentages ofthevolumes of Emergency Deliveries for Tijuana:Metropolitan 3.6%;Authority 1.0%;and OWD 3.0%.In determining the number of acre-feetto which the rates and charges by each ofthe California Agencies shall apply, each California Agency shalladdthe sumofthe actual volume of Emergency Deliveries for Tijuana 25 at ServiceConnection SD-TJ, and the percentage of conveyance losses of the actual volume attributable to that California Agency expressed as a volume, and the percentage of conveyance lossesof CaliforniaAgencies associatedwiththe EmergencyDeliveries for Tijuanabetweenthat CaliforniaAgencyand Service Connection SD-TJexpressedas a volume. The meansof determining assignmentof conveyancelossesis depictedin Exhibit B, attached heretoand incorporated hereinas a partof this Agreement.All Emergency DeliveriesforTijuanaat Service Connection SD-TJ shall be measured using the flow metering device installed and said deliveries shallbe reported to the Commission.For inclusion in its annualArticleV. Decree Accounting Report,donepursuantto the U.S. SupremeCourt ConsolidatedDecree in Arizona v.California, 547 U.S. 150 (2006),Reclamation shall utilize the record ofmonthly deliveries at Service Connection SD-TJ,and include the above described losses.Record ofdeliveries to Mexico at the international boundary near Tijuana shall be reported separately from deliveries to the northerly international boundary ("NIB"),the southerly international boundary ("SIB") near Yuma, and in the limitrophe section ofthe Colorado River. ARTICLE 17.CALCULATION OF SALINITY The United States Commissioner will charge Colorado River waters delivered under this Agreement, including system conveyance losses, as a portion ofMexico's allotment of Colorado River waters provided for in Article 10(a)ofthe 1944 Treaty. For the purpose ofcompliance by the United States with Minute No. 242, during the period ofEmergency Deliveries for Tijuana, the difference in salinity between Imperial Dam and the NIB with Mexico described in Resolution 1.a ofMinute No.242 shall be calculated as ifthe water delivered for use in Tijuana was delivered in the Colorado River at the NIB from Imperial Dam. ARTICLE 18.TERMINATION 26 (a)This Agreement shall terminate and be no longer effective for any purpose,except for final payment for Emergency Deliveries for Tijuana at Service Connection SD-TJ and final liquidation of funds provided by Mexico,upon the occurrence ofany one of the following conditions,unless otherwise agreed tobythe parties by amendment to this Agreement: (1)Upon the Termination Date noted in the first sentence ofthis Agreement. (2)Whenever any ofthe funds to be provided by Mexico pursuant to this Agreement have notbeenso provided. (3)Ifthe Service Connection SD-TJ is deemed inoperable by the Commission (b)Upon the termination ofthe period during which this Agreement is in effect,or any subsequent extensions thereto,the materials,equipment,and facilities within OWD constructed pursuant to this Agreement,including distribution system facilities constructed by separate agreement for connection with the Mexican water distribution system at Service Connection SD-TJ,and considered by OWD tobeintegral to the ongoing operations of OWD shall become orremain the property of OWD.OWD may remove orcause toberemoved any non-integral materials,equipment,and facilities and restore OWD's facilities to the condition which would exist if such materials,equipment,and facilities hadnotbeen constructed. USIBWC shall obtain from Mexico and transfer tothe Authority funds tocoverthe full cost of any removal and disposal ofsuch non-integral materials,equipment,and facilities,and the estimated cost of restoring OWD's facilities to the condition which would exist if such materials, equipment,and facilities had not been constructed.Notwithstanding the foregoing,subject to approval ofthe Governments ofthe United States and Mexico,through IBWC,the local authorities in the two countries have the authorityto agreeupon and effect a different arrangement for the disposition of such materials,equipment,and facilities. 27 ARTICLE 19.FEDERAL LAW (a) This Agreement is made upon the express condition, and with the express understanding, that all rights hereunder shall be subject to and controlled by (1) the Colorado River Compact, dated November 24, 1922,which was approved in Section 13(a)ofthe Boulder Canyon Project Act dated December 21, 1928 (45 Stat. 1057), (2) the Boulder Canyon Project Act, dated December 21, 1928, (3) the Consolidated Decree entered by the U.S.Supreme Court in the case ofArizona v.California (547 U.S. 150) (2006), and (4) the 1944 Treaty. (b) This Agreement is considered to be a renewal ofthe June 14,1972 contract as amended, the August 1,1990 letter agreement, the January 27, 1993 letter agreement, and the September 29, 2003 agreement as amended on November 26, 2008 for delivery ofpart ofMexico's Colorado River water entitlements to Tijuana.However,this Agreement constitutes the entire agreement among the parties regarding the subject matter herein, and any agreements, documents, or understandings previously entered into,including the aforesaid June 14,1972 contract as amended,shall be superseded by this Agreement. ARTICLE 20.CONTINGENT UPON APPROPRIATION OR ALLOTMENT OF FUNDS The expenditure or advance of any money or the performance of any obligation ofthe United States under this Agreement shall be contingent upon appropriation or allotment of funds. No liability shall accrue to the United States in case funds are not appropriated or allotted. ARTICLE 21.NOTICE PROCEDURE Anynotice, demand, or request provided in this Agreement shall be deemed properly served,given, or made ifsent by electronic mail, delivered in person, or sent by registered or certified mail,postage prepaid,to the persons specified below. 28 International Boundary and Water Commission United States Section United States Commissioner 4171 N.Mesa Suite 100,Building C EI Paso,TX 79902 Bureau ofReclamation Regional Director Lower Colorado Region P.O.Box 61470 Boulder City, NV 89006-1470 Metropolitan Water District ofSouthern California General Manager P.O.Box 54153 Los Angeles,CA 90054-0153 officeofthegeneralmanager2(a),rnwdh2o.com San Diego County Water Authority General Manager 4677 Overland Ave San Diego,CA 92123 Otay Water District General Manager 2554 Sweetwater Springs Blvd. Spring Valley,CA 91978 ARTICLE 22.OFFICIALS NOT TO BENEFIT No Member of or Delegate to the Congress, Resident Commissioner,or official of Metropolitan, the Authority, and OWD shall benefit from this Agreement other than as a water user or landowner in the same manner as other water users or landowners. IN WITNESS WHEREOF,the parties hereto, by their officers thereunto duly authorized, have executed this Agreement,and this Agreement shall take effect,on the day and year first above written. THE UNITED STATES OF AMERICA BY: 29 Edward Drusina Commissioner United States Section International Boundary and Water Commission United States and Mexico Terrance J.Fulp,Ph.D. Regional Director Lower Colorado Region U.S.Bureau ofReclamation Approved as to form: Katherine Ott Verburg For the Intermountain Region Regional Solicitor THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA By: Jeffrey Kightlinger General Manager Approved as to form: Marcia L.Scully General Counsel SAN DIEGO COUNTY WATER AUTHORITY By: Maureen A.Stapleton General Manager Approved as to form: Daniel S.Hentschke General Counsel 30 By: Mark Watton General Manager Approved as to form: General Counsel OTAY WATER DISTRICT 31 STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: March 4, 2015 SUBMITTED BY: Dan Martin Engineering Manager PROJECT: Various DIV. NO. ALL APPROVED BY: Rod Posada, Chief of Engineering German Alvarez, Assistant General Manager Mark Watton, General Manager SUBJECT: Informational Item – Second Quarter Fiscal Year 2015 Capital Improvement Program Report GENERAL MANAGER’S RECOMMENDATION: No recommendation. This is an informational item only. COMMITTEE ACTION: Please see Attachment A. PURPOSE: To update the Board about the status of all CIP project expenditures and to highlight significant issues, progress, and milestones on major projects. ANALYSIS: To keep up with growth and to meet our ratepayers' expectations to adequately deliver safe, reliable, cost-effective, and quality water, each year the District staff prepares a Six-Year CIP Plan that identifies the District’s infrastructure needs. The CIP is comprised of four categories consisting of backbone capital facilities, replacement/renewal projects, capital purchases, and developer's reimbursement projects. The Second Quarter Fiscal Year 2015 update is intended to provide a detailed analysis of progress in completing these projects within the allotted time and budget of $10.6 million. Expenditures through the Second Quarter totaled approximately $3.1 million. Approximately 30% of the Fiscal Year 2015 expenditure budget was spent (see Attachment B). As of the Second Quarter, total expenditures for the end of Fiscal Year 2015 are estimated to be around 80% of the Fiscal Year budget. FISCAL IMPACT: Joe Beachem, Chief Financial Officer No fiscal impact as this is an informational item only. STRATEGIC GOAL: The Capital Improvement Program supports the District’s Mission statement, “To provide high value water and wastewater services to the customers of the Otay Water District, in a professional, effective, and efficient manner” and the General Manager’s Vision, “A District that is at the forefront in innovations to provide water services at affordable rates, with a reputation for outstanding customer service.” LEGAL IMPACT: None. DM/RP:jf P:\Forms\D-Construction\CIP Quarterly Reports\CIP Qtr Reports\FY 2015\Q2\Staff Report\BD 03-04-15, Staff Report, Second Quarter FY 2015 CIP Report, (DM-RP).docx Attachments: Attachment A – Committee Action Attachment B - Fiscal Year 2015 Second Quarter CIP Expenditure Report Attachment C – Presentation ATTACHMENT A SUBJECT/PROJECT: Various Informational Item – Second Quarter Fiscal Year 2015 Capital Improvement Program Report COMMITTEE ACTION: The Engineering, Operations, and Water Resources Committee (Committee) reviewed this item at a Committee Meeting held on February 17, 2015. The Committee supported Staff’s recommendation. NOTE: The “Committee Action” is written in anticipation of the Committee moving the item forward for Board approval. This report will be sent to the Board as a Committee approved item, or modified to reflect any discussion or changes as directed from the Committee prior to presentation to the full Board. FISCAL YEAR 2015 2nd QUARTER REPORT (Expenditures through 12/31/2014) ($ In Thousands) 2015 12/31/14 CIP No.Description Project Manager FY 2015 Budget Expenses Balance Expense to Budget %Budget Expenses Balance Comments CAPITAL FACILITY PROJECTS - P2083 PS - 870-2 Pump Station Replacement Marchioro 650$ 215$ 435$ 33%16,500$ 1,143$ 15,357$ 7% Pace slowed slightly as 3D model was added to project scope. P2267 36-Inch Main Pumpouts and Air/Vacuum Ventilation Installations Thompson 195 7 188 4%435 241 194 55% The majority of the $188K will be spent throughout Q3 and Q4 FY 2015 completing inspection and installation of 6" air vacs. We are preparing budget to request additional funds and years on this CIP to complete the raising of air vacs above ground. P2434 Rancho Del Rey Groundwater Well Development Marchioro 75 100 (25) 133%3,705 3,707 (2) 100% Settlement to close out design consultant's agreement slightly higher than anticipated. P2451 Otay Mesa Desalination Conveyance and Disinfection System Kennedy 1,000 341 659 34%30,000 2,901 27,099 10% The District has delayed the Design of this project to keep pace with the progress in Mexico. P2466 Regional Training Facility Coburn-Boyd 3 - 3 0%300 285 15 95%The $3K will not be expensed in FY 2015. P2486 Asset Management Plan Condition Assessment and Data Acquisition Zhao 75 7 68 9%1,090 825 265 76% On schedule to spend $60K by the end of Q4 FY 2015 for an asset management consultant and InfoMaster software. P2511 Otay Interconnect Pipeline Marchioro 100 36 64 36%2,005 2,017 (12) 101% EIR certification on hold since pump station parcels owned by Caltrans may have an open space encumbrances. Design on hold. P2537 Operations Yard Property Acquisition Improvements Kennedy 100 99 1 99%350 136 214 39% This project is expected to be bid this Fiscal Year for award early FY 2016. P2541 624 Pressure Zone PRSs Marchioro 425 4 421 1%600 210 390 35% Construction postponed until FY 2016. Will be bid together with R2110. P2547 District Administration Building Main Breaker Installation and Vehicle Charging Stations Anderson 45 9 36 20%50 9 41 18% This main breaker project was completed June 2014 and paid with the Safety budget. The electric vehicle charging station is in early stages of design. P2548 Sump Pump Installation at the 980-1 & 2 Reservoirs Anderson 35 4 31 11%35 4 31 11%No change. P2549 Fuel system upgrade Payne 30 - 30 0%30 - 30 0%In process; to be completed by June 30, 2015 P2551 Blossom Lane Helix WD and Otay WD Interconnection Beppler 5 3 2 60%400 3 397 1% P2552 South Barcelona Helix WD and Otay WD Interconnection Beppler 5 3 2 60%400 3 397 1% R2048 RecPL - Otay Mesa Distribution Pipelines and Conversions Martin 1 - 1 0%555 475 80 86%No expenditures planned for Q2. R2058 RecPL - 16-Inch, 860 Zone, Airway Road - Otay Mesa/Alta Martin 1 - 1 0%1,406 1,340 66 95%No expenditures planned for Q2. R2077 RecPL - 24-Inch, 860 Zone, Alta Road - Alta Gate/Airway Beppler 25 - 25 0%4,500 2,805 1,695 62% Paving of surface road required to finish improvements per the reimbursement agreement with developer. R2087 RecPL - 24-Inch, 927 Zone, Wueste Road - Olympic/Otay WTP Cameron 5 - 5 0%7,000 1,032 5,968 15% Project on hold due tol recycled water moratorium. R2107 RWCWRF Screening Compactor and Chlorine Injectors Enclosure Vaclavek 85 - 85 0%215 101 114 47% PO for compactor has been issued. Completion of project expected in FY 2015 Q4. with all funds utilized. Project 20% complete at this time. R2108 Res - 927-1 Reservoir Cover Replacement Marchioro 50 12 38 24%1,400 1,075 325 77%On target for upcoming warranty inspection. R2110 RecPS - 944-1 Optimization and Pressure Zone modifications Marchioro 50 2 48 4%200 65 135 33% Construction (PRS Vault 3 retrofit) postponed until FY 2016. Will be bid together with P2541. R2114 Large Recycle Pump Replacement at the RWCWRF 927-1 Pump Station Anderson 100 51 49 51%100 51 49 51% We have purchased one pump and currently working on purchasing the second pump. R2117 RWCWRF Contact Basin Expansion Project Beppler 20 13 7 65%1,500 13 1,487 1% Study should be completed by June; consultant fee is $77,402; in-house costs should take it to about $90,000. S2043 RWCWRF Sludge Handling System Beppler 5 3 2 60%1,500 40 1,460 3%No additional billings expected. Total Capital Facility Projects Total:3,085 909 2,176 29%74,276 18,481 55,795 25% REPLACEMENT/RENEWAL PROJECTS FISCAL YEAR-TO-DATE, 12/31/14 LIFE-TO-DATE, 12/31/14 Helix WD led project; design costs (about $25,000) expected to be billed by June (combined P2551 & P2552). P:\Forms\D-Construction\CIP Quarterly Reports\CIP Qtr Reports\FY 2015\Q2\Expenditures\FY15 2nd qtr exp-MARISSA-FINAL.xlsx Page 1 of 4 2/10/2015 FISCAL YEAR 2015 2nd QUARTER REPORT (Expenditures through 12/31/2014) ($ In Thousands) 2015 12/31/14 CIP No.Description Project Manager FY 2015 Budget Expenses Balance Expense to Budget %Budget Expenses Balance Comments FISCAL YEAR-TO-DATE, 12/31/14 LIFE-TO-DATE, 12/31/14 P2366 APCD Engine Replacements and Retrofits Rahders 5 16 (11) 320%3,488 2,529 959 73% There may be an expenditure of up to $13,500 ($8,500 over the budget) of a replacement emissions analyzer for FY 2015. Staff has performed a temporary repair to the District's APCD emissions analyzer. If the repair continues to hold, we will make the replacement of the analyzer a FY 2016 budget item. P2382 Safety and Security Improvements Ramirez 192 55 137 29%3,222 2,074 1,148 64% Expenditures will occur throughout the remaining Fiscal Year. Expect to be at budgeted point by end of Fiscal Year 2015. P2440 I-905 Utility Relocations Marchioro 5 3 2 60%1,600 1,587 13 99% Staff anticipates that Caltrans will issue an additional $33,493 credit to Otay; however, the $33K credit is on hold pending Caltrans' receipt of final accounting numbers from the City of San Diego's sewer contractor. P2453 SR-11 Utility Relocations Marchioro 600 510 90 85%2,250 743 1,507 33% Construction contract ahead of schedule. Positioned to spend $1.2M rather than $0.6M. P2477 Res - 624-1 Reservoir Cover Replacement Marchioro 5 3 2 60%1,000 930 70 93%On target for upcoming warranty inspection. P2485 SCADA Communication System and Software Replacement Vaclavek 655 112 543 17%1,974 1,281 693 65% Expect to spend only $540,000 during FY 2015 due to a delay in the installation of the wireless radio system install. P2493 624-2 Reservoir Interior/Exterior Coating Cameron 50 59 (9) 118%1,950 1,526 424 78% Construction is complete, project is in the warranty period. P2494 Multiple Species Conservation Plan Coburn-Boyd 90 3 87 3%950 813 137 86% Expect to spend $60-$70,000 during the second half of FY 2015. P2495 San Miguel Habitat Management/Mitigation Area Coburn-Boyd 180 42 138 23%2,100 1,074 1,026 51% Expect to spend at least $100,000 the second half of FY 2015. P2496 Otay Lakes Road Utility Relocations Martin 5 1 4 20%325 301 24 93%Project Acceptance pending final work by City. P2504 Regulatory Site Access Road and Pipeline Relocation Cameron 20 1 19 5%900 329 571 37%Project on hold. P2507 East Palomar Street Utility Relocation Cameron 175 29 146 17%940 649 291 69% Caltrans driving project. Utility agreements are in place for reimbursement. Contractor is 6 months behind schedule, anticipated completion in December 2015. P2508 Pipeline Cathodic Protection Replacement Program Marchioro 125 26 99 21%300 75 225 25% On target as final design scheduled to be completed second half of FY 2015. P2515 870-1 Reservoir Paving Martin 415 299 116 72%550 452 98 82%Project is in construction and is on track. P2518 803-3 Reservoir Interior/Exterior Coating Cameron 30 6 24 20%700 632 68 90% Construction is complete, project is in the warranty period. P2519 832-2 Reservoir Interior/Exterior Coating Cameron 30 9 21 30%700 654 46 93% Construction is complete, project is in the warranty period. P2520 Motorola Mobile Radio Upgrade Martinez 50 - 50 0%135 77 58 57% We are planning on utilizing the remaining budget to install VHF radios at all facilities.P2529 711-2 Reservoir Interior & Exterior Coating Cameron 5 - 5 0%760 - 760 0%Expenditures are planned for Q3. P2530 711-1 Reservoir Interior & Exterior Coating Cameron 10 - 10 0%940 - 940 0%Expenditures are planned for Q3. P2531 944-1 Reservoir Interior & Exterior Coating Martin 190 3 187 2%240 9 231 4%Project is in construction and is on track.P2532 944-2 Reservoir Interior & Exterior Coating Martin 900 96 804 11%950 104 846 11%Project is in construction and is on track. P2533 1200-1 Reservoir Interior & Exterior Coating Cameron - - - 0%365 - 365 0%No expenditures planned in FY 2015. P2534 978-1 Reservoir Interior & Exterior Coating Cameron - - - 0%270 - 270 0%No expenditures planned in FY 2015.P2535 458-2 Reservoir Interior & Exterior Coating & Upgrades Martin 585 33 552 6%640 47 593 7%Project is in construction and is on track. P2538 Administration and Operations Building Fire Sprinkler Replacement Program Cameron 65 24 41 37%110 46 64 42% Expenditures are planned for Q3. Project is on budget. P2539 South Bay Bus Rapid Transit (BRT) Utility Relocations Cameron 30 25 5 83%375 54 321 14%SANDAG driven project. Project is on budget. P2542 850-3 Reservoir Interior Coating Cameron 5 2 3 40%480 2 478 0%Expenditures are planned for Q3. P2543 850-1 Reservoir Interior/Exterior Coating Cameron - - - 0%460 - 460 0%No expenditures planned in FY 2015. P2544 850-2 Reservoir Interior/Exterior Reservoir Coating Cameron - - - 0%940 - 940 0%No expenditures planned in FY 2015. P2545 980-1 Reservoir Interior Exterior Coating Cameron - - - 0%1,250 - 1,250 0%No expenditures planned in FY 2015. P2546 980-2 Reservoir Interior/Exterior Coating Cameron - - - 0%1,250 - 1,250 0%No expenditures planned in FY 2015. P2550 Fuel Island Upgrade Payne 75 - 75 0%75 - 75 0%In process; to be completed by June 30, 2015. P2553 Heritage Road Bridge Replacement and Utility Relocation Cameron 5 - 5 0%1,200 - 1,200 0% City of Chula Vista driven project. Project is on budget. R2109 Sweetwater River Wooden Trestle Improvement for the Recycled Water Forcemain Beppler 50 32 18 64%600 64 536 11% Design ($20,000 plus in-house costs of about $8,000) should be completed by June. $60,000 total this FY P:\Forms\D-Construction\CIP Quarterly Reports\CIP Qtr Reports\FY 2015\Q2\Expenditures\FY15 2nd qtr exp-MARISSA-FINAL.xlsx Page 2 of 4 2/10/2015 FISCAL YEAR 2015 2nd QUARTER REPORT (Expenditures through 12/31/2014) ($ In Thousands) 2015 12/31/14 CIP No.Description Project Manager FY 2015 Budget Expenses Balance Expense to Budget %Budget Expenses Balance Comments FISCAL YEAR-TO-DATE, 12/31/14 LIFE-TO-DATE, 12/31/14 R2111 RWCWRF - RAS Pump Replacement Beppler 310 63 247 20%650 120 530 18% Will see some construction costs before June (maybe a third of the $315,315 contract amount), but majority will likely not be invoiced until FY 2016. R2112 450-1 Disinfection Facility Rehabilitation Cameron 150 24 126 16%190 24 166 13% Design is complete. Construction planned for Q4. Project is on budget. R2113 Chlorine 1-ton Cyliner Emergency Close Valve Vaclavek 37 30 7 81%37 30 7 81% Equipment received and 90% installed. Installation should be complete near the end of Q3 or beginning of Q4. All funds will be utillized by completion date. R2116 RecPL - 14-Inch, 927 Zone, Forcemain Assessment and Repair Marchioro 100 64 36 64%1,500 64 1,436 4% Accelerated schedule. $100K insepction/ condition assesment work will be completed FY 2015. Proceeding with design of blow off improvements. S2012 San Diego County Sanitation District Outfall and RSD Outfall Replacement Kennedy 150 - 150 0%2,760 834 1,926 30% No spending is expected this Fiscal Year. This is a County reimbursement and invoice will not be received until the end of the year. S2024 Campo Road Sewer Main Replacement Beppler 600 172 428 29%5,500 353 5,147 6% Estimating between $500,000 to $600,000 this Fiscal Year; design services will continue into Fiscal Year 2016. S2027 Rancho San Diego Pump Station Rehabilitation Beppler 150 6 144 4%3,500 62 3,438 2% Design will be completed this Fiscal Year; contract with County estimated to be around $400,000 on the District. S2033 Sewer System Rehabilitation Beppler 675 154 521 23%6,000 761 5,239 13% Construction ($530,000) plus admin and in- house; next design phases (another $35,000) expected to be completed this Fiscal Year for total of $720,000. Total Replacement/Renewal Projects Total:6,724 1,902 4,822 28%54,126 18,300 35,826 34% CAPITAL PURCHASE PROJECTS P2282 Vehicle Capital Purchases Rahders 105 - 105 0%5,021 2,900 2,121 58% There is a PO issued for $29,330 for one replacement pick up. Due to staffing reduction’s there will be a savings of $38,700 with no further expenses in this area. P2285 Office Equipment and Furniture Capital Purchases Payne 15 - 15 0%589 524 65 89%Anticipate spending in Q4 FY 2015. P2286 Field Equipment Capital Purchases Rahders 65 13 52 20%1,758 1,303 455 74% Staff is anticipating an expense of $21,000 by end of the Q3 FY 2015 (and should expect a savings of $3,000). P2469 Information Technology Network and Hardware Kerr 175 170 5 97%2,509 1,845 664 74% Staff has expenditures of approximately $42,000 for hardware and anticipates that no additional items will be hitting this CIP this Fiscal Year. (We will utilize next year's assigned budgetary numbers for hardware ($150,000-$160,000). We will be over the $100,000 assigned threshold, but will seek to close out the CIP shortly thereafter.) P2470 Financial System Enhancements Kerr 100 5 95 5%2,265 1,677 588 74% Staff anticipates the spending for add-on components to our existing ERP solutions with purchases of items totaling $50,000. P2540 Work Order Management System Replacement Kerr 300 137 163 46%700 255 445 36% Staff is currently working with the consultants and anticipates additional expenditures of $75,000 to close out FY 2014/2015. Total Capital Purchase Projects Total:760 325 435 43%12,842 8,504 4,338 66% DEVELOPER REIMBURSEMENT PROJECTS R2028 RecPL - 8-Inch, 680 Zone, Heritage Road - Santa Victoria/Otay Valley Martin 1 - 1 0%600 - 600 0%No expenditures planned for Q2. R2042 RecPL - 8-Inch, 927 Zone, Rock Mountain Road - SR-125/EastLake Martin 1 - 1 0%140 - 140 0%No expenditures planned for Q2. R2047 RecPL - 12-Inch, 680 Zone, La Media Road - Birch/Rock Mountain Martin 1 - 1 0%450 - 450 0%No expenditures planned for Q2. R2082 RecPL - 24-Inch, 680 Zone, Olympic Parkway - Village 2/Heritage Martin 1 - 1 0%1,747 - 1,747 0%No expenditures planned for Q2. R2083 RecPL - 20-Inch, 680 Zone, Heritage Road - Village 2/Olympic Martin 1 - 1 0%400 - 400 0%No expenditures planned for Q2. R2084 RecPL - 20-Inch, 680 Zone, Village 2 - Heritage/La Media Martin 1 - 1 0%970 1 969 0%No expenditures planned for Q2. P:\Forms\D-Construction\CIP Quarterly Reports\CIP Qtr Reports\FY 2015\Q2\Expenditures\FY15 2nd qtr exp-MARISSA-FINAL.xlsx Page 3 of 4 2/10/2015 FISCAL YEAR 2015 2nd QUARTER REPORT (Expenditures through 12/31/2014) ($ In Thousands) 2015 12/31/14 CIP No.Description Project Manager FY 2015 Budget Expenses Balance Expense to Budget %Budget Expenses Balance Comments FISCAL YEAR-TO-DATE, 12/31/14 LIFE-TO-DATE, 12/31/14 R2085 RecPL - 20-Inch, 680 Zone, La Media - State/Olympic Martin 1 - 1 0%600 - 600 0%No expenditures planned for Q2. Total Developer Reimbursement Projects Total:7 - 7 0%4,907 1 4,906 0% GRAND TOTAL 10,576$ 3,136$ 7,440$ 30%146,151$ 45,286$ 100,865$ 31% P:\Forms\D-Construction\CIP Quarterly Reports\CIP Qtr Reports\FY 2015\Q2\Expenditures\FY15 2nd qtr exp-MARISSA-FINAL.xlsx Page 4 of 4 2/10/2015 Otay Water District Capital Improvement Program Fiscal Year 2015 Second Quarter (through December 31, 2014) Attachment C 870-1 Reservoir Access Road Asphalt Concrete Paving Operation 12-01-2014 Background The approved CIP Budget for Fiscal Year 2015 consists of 73 projects that total $10.6 million. These projects are broken down into four categories. 1.Capital Facilities $ 3.1 million 2.Replacement/Renewal $ 6.7 million 3.Capital Purchases $ 0.7 million 4.Developer Reimbursement $ 0.1 million Overall expenditures through the Second Quarter of Fiscal Year 2015 totaled $3.1 million, which is approximately 30% of the Fiscal Year budget. 2 Fiscal Year 2015 Second Quarter Update ($1,000) CIP CAT Description FY 2015 Budget FY 2015 Expenditures % FY 2015 Budget Spent Total Life-to- Date Budget Total Life-to-Date Expenditures % Life-to- Date Budget Spent 1 Capital Facilities $3,085 $909 29%$74,276 $18,481 25% 2 Replacement/ Renewal $6,724 $1,902 28%$54,126 $18,300 34% 3 Capital Purchases $760 $325 43%$12,842 $8,504 66% 4 Developer Reimbursement $7 $0 0%$4,907 $1 0% Total: $10,576 $3,136 30%$146,151 $45,286 31% 3 Fiscal Year 2015 Second Quarter CIP Budget Forecast vs. Expenditures 4 District Map of Major CIP Projects 5 CIP Projects in Construction 870-1 Reservoir Access Road Paving (P2515) Install New Asphalt Concrete Paved Perimeter Access Road for the Reservoir. Replace Existing Dirt Road with New Paved Road. Construct New Entrance Gate. $0.55M Budget Start: October 2014 Estimated Completion: January 2015 6 870-1 Reservoir Slurry Seal Installation 12-05-2014 Asphalt Concrete Dike Installation 12-18-2014 CIP Projects in Construction 944-1, 944-2, & 458-2 Reservoir Interior/Exterior Coating & Upgrades (P2531, P2532, P2535) Remove and Replace Deteriorating Reservoir Coatings. Structural Modifications to Increase Service Life. $1.83M Budget Start: November 2014 Estimated Completion: June 2015 7 944-2 Reservoir -Cutting Door Sheet for Access 11-24-2014 944-2 Reservoir –Interior Sandblasting Operation 12-15-2014 CIP Projects in Construction SR-11 Utility Relocations Sequence I (P2453) Relocate Existing Water Facilities to support SR-11 Construction. $2.25M Budget Start: February 2014 Estimated Completion: July 2015 8 Fabricated 18” Steel Pipe Stored at Northwest Pipe Company Adelanto CA Facility 10-30-2014 Construction Contract Status 8 PROJECT TOTAL % P2453 SR-11 Potable Water Utility Relocations - Sequence 1 Coffman Specialties, Inc.$947,380 $992,380 $16,047 1.7%$963,427 $431,335 -2.9%44.8%July 2015 P2493 624-2 Reservoir Coating Advanced Industrial Services $1,169,000 $1,199,000 $0 0.0%$1,180,770 $1,180,770 -1.5%100.0% Completed August 2014 P2515 870-1 Reservoir Access Road Paving RAP Engineering Inc. $205,566 $207,362 $9,611 4.7%$215,177 $196,557 3.8%91.3%January 2015 P2531 P2532 P2535 944-1, 944-2, & 458- 2 Reservoirs Interior/Exterior Coating & Upgrades Olympus and Associates Inc.$1,146,008 $1,206,008 $0 0.0%$1,179,944 $42,550 -2.2%3.6%June 2015 S2033 Calavo Basin Sewer Rehabilitation Phase 1 Arrieta Construction Inc. $521,890 $529,490 $0 0.0%$521,890 $0 -1.4%0.0%July 2015 TOTALS:$3,989,844 $4,134,240 $25,658 0.6%$4,061,208 $1,851,211 -1.8% CURRENT CONTRACT AMOUNT TOTAL EARNED TO DATE **THIS CHANGE ORDER RATE INCLUDES THE CREDIT FOR UNUSED ALLOWANCES *NET CHANGE ORDERS DO NOT INCLUDE ALLOWANCE ITEM CREDITS. IT'S A TRUE CHANGE ORDER PERCENTAGE FOR THE PROJECT CIP NO.PROJECT TITLE CONTRACTOR BASE BID AMOUNT CONTRACT AMOUNT W/ ALLOWANCES % CHANGE ORDERS W/ ALLOWANCE CREDIT** % COMPLETE EST. COMP. DATE NET CHANGE ORDERS LTD* Consultant Contract Status 10 Consultant CIP No.Project Title Original Contract Amount Total Change Orders Revised Contract Amount Approved Payment To Date % Change Orders % Project Complete Date of Signed Contract End Date of Contract PLANNING ATKINS Varies 2015 WATER FACILITIES MASTER PLAN UPDATE $ 434,731.00 $ - $ 434,731.00 $ 110,923.38 0.0%25.5%1/28/2014 12/31/2016 CAROLLO ENGINEERS, INC.VARIES 2015 INTEGRATED WATER RESOURCES PLAN UPDATE $ 99,993.00 $ - $ 99,993.00 $ - 0.0%0.0%11/17/2014 6/30/2016 WATER SYSTEMS CONSULTING INC VARIES AS-NEEDED HYDRAULIC MODELING FY15/16 $ 175,000.00 $ - $ 175,000.00 $ 27,775.00 0.0%15.9%7/15/2014 6/30/2016 DESIGN AECOM P2451 OTAY MESA CONVEYANCE AND DISINFECTION SYSTEM (DESIGN ENGINEER) $ 3,910,297.00 $(228,365.00) $ 3,681,932.00 $ 953,503.52 -5.8%25.9%1/6/2011 6/30/2018 AEGIS ENGINEERING MGMT INC Varies AS-NEEDED DESIGN SERVICES FY13-14 $ 300,000.00 $ - $ 300,000.00 $ 174,877.78 0.0%58.3%11/1/2012 6/30/2015 ARCADIS U.S., INC. P2434, P2511 VALUE ENGINEERING AND CONSTRUCTIBILITY REVIEW $ 153,628.00 $ - $ 153,628.00 $ 70,208.73 0.0%45.7%1/24/2012 6/30/2016 ARCADIS U.S. INC VARIES AS-NEEDED DESIGN FY 15-16 $ 300,000.00 $ - $ 300,000.00 $ - 0.0%0.0%9/11/2014 6/30/2016 ATKINS Varies AS-NEEDED ENGINEERING DESIGN SERVICES FY12-13 $ 175,000.00 $ - $ 175,000.00 $ 155,536.56 0.0%88.9%10/26/2011 6/30/2015 BROWNSTEIN HYATT FARBER SCHRECK P2451 OTAY MESA CONVEYANCE AND DISINFECTION SYSTEM (BINATIONAL WATER AND RELATED ISSUES) $ 5,620.54 $ - $ 5,620.54 $ - 0.0%0.0%7/9/2013 6/30/2015 Consultant Contract Status 11 Consultant CIP No.Project Title Original Contract Amount Total Change Orders Revised Contract Amount Approved Payment To Date % Change Orders % Project Complete Date of Signed Contract End Date of Contract DESIGN BSE ENGINEERING INC Varies AS-NEEDED ELECTRICAL SERVICES $ 100,000.00 $ - $ 100,000.00 $ 27,117.62 0.0%27.1%7/1/2012 6/30/2015 CAROLLO ENGINEERS INC P2083 DESIGN/CONSTRUCTION FOR 870-2 PS $ 624,910.00 $ 29,000.00 $ 653,910.00 $ 242,996.03 4.6%37.2%10/11/2013 12/31/2017 DARNELL & ASSOCIATES Varies AS-NEEDED TRAFFIC ENGINEERING SERVICES $ 125,000.00 $ - $ 125,000.00 $ 27,920.00 0.0%22.3%7/1/2012 6/30/2015 EPIC FIRE PROTECTION INC P2538 MIC TREATEMENT SYSTEM $ 20,300.00 $ - $ 20,300.00 $ 20,300.00 0.0%100.0%7/31/2014 8/20/2014 COMPLETE HDR ENGINEERING INC Varies CORROSION SERVICES FY14-FY16 $ 684,750.00 $ - $ 684,750.00 $ 178,008.22 0.0%26.0%11/22/2013 12/31/2015 HECTOR MARES-COSSIO P2451 OTAY MESA CONVEYANCE AND DISINFECTION SYSTEM (BINATIONAL WATER AND RELATED ISSUES) $ 120,000.00 $ - $ 63,000.00 $ 63,000.00 0.0%100.0%4/1/2013 9/15/2014 COMPLETE LEE & RO INC P2511 OTAY INTERCONNECT PIPELINE $ 2,769,119.00 $ - $ 2,769,119.00 $1,101,916.23 0.0%39.8%11/4/2010 12/31/2015 LEONDARD H VILLARREAL P2451 OTAY MESA CONVEYANCE AND DISINFECTION SYSTEM (BINATIONAL WATER AND RELATED ISSUES) $ 875.00 $ - $ 875.00 $ 875.00 0.0%100.0%3/21/2014 3/21/2015 MICHAEL D.KEAGY REAL ESTATE Varies AS-NEEDED APPRAISAL SERVICES FY13-14 $ 45,000.00 $ - $ 45,000.00 $ 31,000.00 0.0%68.9%9/17/2012 6/30/2015 PIPELINE INSPECTION & CONDITION ANALYSIS CORPORATION R2116 INSPECTION AND CONDITION ASSESSMENT OF THE RALPH W. CHAPMAN WATER RECYCLING FACILITY 14-INCH FORCE MAIN $ 302,092.00 $ - $ 302,092.00 $ - 0.0%0.0%12/18/2014 4/30/2015 PSOMAS VARIES AS-NEEDED DESIGN FY 15-16 $ 300,000.00 $ - $ 300,000.00 $ - 0.0%0.0%9/11/2014 6/30/2016 RICK ENGINEERING COMPANY S2024 CAMPO ROAD SEWER MAIN REPLACEMENT PROJECT $ 805,705.00 $ - $ 805,705.00 $ 150,888.07 0.0%18.7%5/27/2014 12/31/2017 Consultant Contract Status 12 Consultant CIP No.Project Title Original Contract Amount Total Change Orders Revised Contract Amount Approved Payment To Date % Change Orders % Project Complete Date of Signed Contract End Date of Contract DESIGN SILVA SILVA CONSULTING P2451 OTAY MESA CONVEYANCE AND DISINFECTION SYSTEM (BINATIONAL WATER AND RELATED ISSUES) $ 115,000.00 $ - $ 115,000.00 $ 28,289.05 0.0%24.6%5/1/2014 6/30/2016 SIMON WONG ENGINEERING R2109 WOODEN TRESTLE IMPROVEMENT $ 26,790.00 $ - $ 26,790.00 $ 26,790.00 0.0%100.0%5/1/2014 12/31/2015 SOUTHERN CALIFORNIA SOIL Varies GEOTECHNICAL SERVICES FY13-15 $ 175,000.00 $ - $ 175,000.00 $ 57,010.81 0.0%32.6%12/10/2012 6/30/2015 STUTZ ARTIANO SHINOFF & HOLTZ P2451 OTAY MESA CONVEYANCE AND DISINFECTION SYSTEM (BINATIONAL WATER AND RELATED ISSUES) $ 780.00 $ - $ 780.00 $ 780.00 0.0%100.0% TETRA TECH, INC P2434 RANCHO DEL REY WELL - PHASE 2 $ 724,493.50 $ 23,749.00 $ 748,242.50 $ 491,684.17 3.3%65.7%4/28/2011 12/31/2014 COMPLETE (W)RIGHT ON COMMUNICATIONS, INC.P2451 OTAY MESA CONVEYANCE AND DISINFECTION SYSTEM (BINATIONAL WATER AND RELATED ISSUES) $ 49,000.00 $ - $ 49,000.00 $ 26,325.95 0.0%53.7%5/1/2014 5/1/2015 CONSTRUCTION SERVICES AIRX UTILITY SURVEYORS Varies AS-NEEDED SURVEYING SERVICES FY 14-15 $ 175,000.00 $ - $ 175,000.00 $ 92,903.00 0.0%53.1%9/18/2013 6/30/2015 ALYSON CONSULTING Varies CONSTRUCTION MGMT/INSPECTION FY 13-15 $ 350,000.00 $ - $ 350,000.00 $ 206,645.00 0.0%59.0%10/24/2012 6/30/2015 HARPER & ASSOCIATES P2493 COATING INSPECTION SERVICES ON THE 624-2 & 458-2 RESERVOIR $ 75,160.00 $ - $ 75,160.00 $ 75,155.00 0.0%100.0%8/27/2013 7/3/2014 COMPLETE RBF CONSULTING, INC P2083 870-2 PS CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES $ 853,457.00 $ - $ 853,457.00 $ 15,742.00 0.0%1.8%7/30/2014 12/31/2017 ENVIRONMENTAL HELIX ENVIRONMENTAL VARIES MAINTENANCE AND MONITORING OF THE SAN MIGUEL HABITAT MANAGEMENT AREA AND CIP ASSOCIATED MITIGATION PROJECTS $ 476,173.00 $ - $ 476,173.00 $ - 0.0%0.0%12/19/2014 12/31/2017 ICF INTERNATIONAL JONES & STOKES INC VARIES AS-NEEDED ENVIRONMENTAL SERVICES FY 15/16/17 $ 375,000.00 $ - $ 375,000.00 $ 19,268.09 0.0%5.1%7/18/2014 6/30/2017 Consultant Contract Status 13 Consultant CIP No.Project Title Original Contract Amount Total Change Orders Revised Contract Amount Approved Payment To Date % Change Orders % Project Complete Date of Signed Contract End Date of Contract ENVIRONMENTAL MERKEL & ASSOCIATES Varies SAN MIGUEL HABITAT MANAGEMENT AREA AND CIP-ASSOCIATED MITIGATION PROJECTS $ 359,079.00 $ 26,750.00 $ 385,829.00 $ 385,829.00 7.4%100.0%12/20/2011 12/31/2014 COMPLETE RECON P2494 PREPARATION OF THE SUBAREA PLAN $ 270,853.00 $ - $ 270,853.00 $ 193,262.61 0.0%71.4%3/28/2008 6/30/2015 WATER RESOURCES MICHAEL R. WELCH Varies ENGINEERING PLANNING SVCS. $ 100,000.00 $ - $ 100,000.00 $ 8,250.00 0.0%8.3%4/9/2014 6/30/2019 PUBLIC SERVICES AEGIS ENGINEERING MANAGEMENT Varies AS-NEEDED DEVELOPER PROJECTS FY 14-15 $ 350,000.00 $ 24,000.00 $ 374,000.00 $ 269,889.86 6.9%72.2%8/26/2013 6/30/2015 TOTALS: $15,927,806.04 $(124,866.00) $15,745,940.04 $5,234,670.68 -0.8% QUESTIONS? 14 STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: March 4, 2015 SUBMITTED BY: Geoff Stevens, Chief Information Officer PROJECT: Various DIV. NO. ALL APPROVED BY: German Alvarez, Asst. General Manager Mark Watton, General Manager SUBJECT: INFORMATIONAL ITEM – FISCAL YEAR 2015 MID-YEAR STRATEGIC PLAN AND PERFORMANCE MEASURES REPORT GENERAL MANAGER’S RECOMMENDATION: No recommendation. This is an informational item only. COMMITTEE ACTION: See “Attachment A”. PURPOSE: To provide a mid-year report on the District’s Strategic Performance Plan for FY2015. ANALYSIS: The District is in the first year of the FY2015-2018 Strategic Plan. At the end of the second quarter of FY2015, the total results for both the Strategic Objectives and the Performance Measures exceeded the designated targets. 2 Strategic Plan Objectives 100% Of Strategic Plan Objectives On Schedule Strategic Plan Objectives are designed to ensure the District, as a whole, is making the appropriate high-level changes necessary to move the agency in the planned direction to meet new challenges and opportunities. The Strategic Objective results at mid-year were above target with all 19 items (100%) completed or on schedule. The designated target is 90%. Performance Measures 85% Of Performance Measures On Target Performance Measures are designed to track the day-to-day performance of the District. These items measure the effectiveness and efficiency of daily operations. Where possible, staff utilizes the AWWA Qualserve Benchmarks as the basis for comparison. FY15 second quarter results for measures were 39 of 46(85%)on or above target. This exceeds the combined target of 75%. 3 Next Steps Staff conducted a workshop with the Board on January 27, 2015, to gain insight and support for the newly revised objectives for the FY16- FY18 plan. Staff is finalizing these objectives and also revising the targets for performance measures. The revised objectives and performance measures will be presented to the Board as the initial step of the FY16 budget approval process in May 2015. Committee Reports – Slideshow The Strategic Plan results are presented to both the Finance, Administration and Communications Committee and the Engineering, Operations and Water Resources Committee with a specific focus on the most relevant information for each Committee. Strategic Plan Available to Board from the Internet All of the strategic plan results and associated details are provided in an online web-based application available to the Board through a VPN connection available from the District Secretary. FISCAL IMPACT: Joe Beachem, Chief Financial Officer Informational item only, no fiscal impact. STRATEGIC GOAL: Strategic Plan and Performance Measures reporting is a critical element in providing performance reporting to the Board and staff. LEGAL IMPACT: None Attachments: Attachment A – Committee Action Attachment B – Strategic Plan Results Graphs Q2 FY2015 ATTACHMENT A SUBJECT/PROJECT: INFORMATIONAL ITEM – FISCAL YEAR 2015 MID-YEAR STRATEGIC PLAN AND PERFORMANCE MEASURES REPORT COMMITTEE ACTION: The Finance, Administration and Communications Committee reviewed this on this on February 18, 2015 and the Engineering, Operations and Water Resources Committee reviewed this on February 17, 2015, respectively. NOTE: The “Committee Action” is written in anticipation of the Committee moving the item forward for board approval. This report will be sent to the Board as a committee approved item, or modified to reflect any discussion or changes as directed from the committee prior to presentation to the full board. Strategic Plan  FY 2015 Quarter 2 Results All Objectives Are on Schedule or Completed 85% of Performance Measures Meet the Target