HomeMy WebLinkAbout03-21-13 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
THURSDAY
March 21, 2013
12:00 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. ADOPT RESOLUTION NO. 4209 TO AUTHORIZE AN APPLICATION FOR ENVI-
RONMENTAL MITIGATION LAND MANAGEMENT GRANT FUNDS TO THE SAN
DIEGO ASSOCIATION OF GOVERNMENT, COMMITTING THE OTAY WATER DIS-
TRICT TO PROVIDE MATCHING FUNDS AND AUTHORIZING DISTRICT STAFF TO
ACCEPT GRANT FUNDS AND EXECUTE THE GRANT AGREEMENT FOR THE
CACTUS WREN HABITAT PROJECT AT THE DISTRICT’S HABITAT MANAGE-
MENT AREA (COBURN-BOYD) [5 minutes]
4. ADOPT RESOLUTION NO. 4208 FIXING TERMS AND CONDITIONS FOR THE AN-
NEXATION OF CERTAIN REAL PROPERTY OWNED BY SLF IV McMILLIN MILLE-
NIA JV, LLC, APNs: 643-060-18, 23, 24, AND 25-00, TO THE OTAY WATER DIS-
TRICT’S IMPROVEMENT DISTRICT NOs. 22 AND 27 (MARTIN) [5 minutes]
5. APPROVE A REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND THE OTAY WATER DISTRICT FOR REIMBURSEMENT TO THE CITY
FOR CONSTRUCTION COSTS ASSOCIATED WITH PHASE II OF THE OTAY
LAKES ROAD 12-INCH RECYCLED WATER PIPELINE AND POTABLE UTILITY
RELOCATION PROJECT IN AN AMOUNT NOT-TO-EXCEED $97,350 (MARTIN) [5
minutes]
2
6. FISCAL YEAR 2013 MID-YEAR STRATEGIC PLAN AND PERFORMANCE
MEASURES UPDATE REPORT (STEVENS) [10 minutes]
7. SAN DIEGO COUNTY WATER AUTHORITY UPDATE (WATTON) [10 minutes]
8. ADJOURNMENT
BOARD MEMBERS ATTENDING:
David Gonzalez, Chair
Gary Croucher
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 March 15, 2013 I posted a copy of the foregoing agenda near the regu-
lar 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 March 15, 2013.
/s/ Susan Cruz, District Secretary
STAFF REPORT
TYPE MEETING: Regular Board MEETING DATE: April 3, 2013
SUBMITTED BY: Lisa Coburn-Boyd
Environmental Compliance
Specialist
PROJECT NO./
SUBPROJECT: P2495-
001101
DIV. NO. 5
APPROVED BY:
Rod Posada, Chief, Engineering
German Alvarez, Asst. General Manager
Mark Watton, General Manager
SUBJECT: Resolution Authorizing an Application for Environmental
Mitigation Land Management Grant Funds to the San Diego
Association of Governments, Committing to Providing Matching
Funds, and Authorizing Staff to Accept Grant Funds and Execute
Grant Agreement
GENERAL MANAGER’S RECOMMENDATION:
Approve Resolution No. 4209 (Attachment B), to authorize an
application for Environmental Mitigation Land Management Grant Funds
to the San Diego Association of Governments (SANDAG), committing the
Otay Water District (District) to provide matching funds and
authorizing District staff to accept grant funds and execute the
grant agreement for the Cactus Wren Habitat Project at the District’s
Habitat Management Area (HMA)(see Exhibits A and B for Project
location).
COMMITTEE ACTION:
Please see Attachment A.
PURPOSE:
The purpose of this resolution is to authorize an application that
was submitted by District staff in February 2013 for grant funds
through the SANDAG TransNet Environmental Mitigation Program for a
Cactus Wren Habitat Project at the HMA. The resolution also commits
AGENDA ITEM 3
2
the District to provide matching funds and authorizes District staff
to accept the grant funds and execute the grant agreement.
ANALYSIS:
In February 2013, District staff worked with the current HMA
consultant to put together a grant proposal for a Cactus Wren Habitat
Project at the District’s HMA (see Attachment C for grant
application). The proposal was submitted to SANDAG for Fiscal Year
2013 funding under their Environmental Mitigation Program (EMP) which
provides funding for regional land management and biological
monitoring.
The Cactus Wren Habitat Project (Project) consists of the planting of
4.2 acres of coast cholla dominated habitat at two sites located
within the HMA in order to create habitat for the coastal cactus wren
(see Exhibit B for the site locations). The two sites, representing
the 4.2 acres, were chosen for the Project and are in close proximity
to each other in order to attract a minimum of two (2) pairs of
cactus wren to the HMA preserve. The Project also includes
enhancement of the existing coastal sage scrub with seeding among the
planted cholla cacti. The advantage of the sites at the HMA is that
they are located between Sweetwater Reservoir and Otay Lakes and are
part of a movement corridor linking established cactus wren
populations. Past records for the HMA indicate that the cactus wren
was historically located within the HMA and were found on site as
late as 2005. Creating suitable habitat would allow for the
repopulation of this area and aid in the reestablishment of cactus
wren habitat within the corridor. It is expected that this Project
will increase breeding habitat for coastal cactus wren, a species of
special concern, as well as increase the likelihood that the species
will utilize this growing corridor between Sweetwater Reservoir and
Otay Lakes. The HMA was burnt in the 2007 Harris Fire leaving behind
degraded Diegan coastal sage scrub. The Project proposes to increase
the quality of the habitat that was originally Diegan coastal sage
scrub. The duration of the Project is three years from the notice to
proceed.
District staff was informed that the Cactus Wren Habitat Project had
been recommended for funding by the EMP Working Group ad hoc
committee on March 4, 2013. The EMP Working Group is recommending
full funding of the Project in the amount of $88,840. The District
must provide matching funds in the amount of $8,675.67. The matching
funds are available in the HMA budget because one of the projects
included in that budget, the Wueste Road mitigation site, has been
postponed indefinitely. The total budget allocated within the HMA
budget for the Wueste Road mitigation site is $44,986.80.
3
The resolution to be adopted by the District’s Board of Directors
includes the requirements of SANDAG’s Board Policy 035, Section 4.1.
Adoption of this resolution is a requirement of SANDAG, once a
grantee has been informed that their project was recommended to the
EMP Working Group. It must be submitted to SANDAG by April 15, 2013.
FISCAL IMPACT: Joseph Beachem, Chief Financial Officer
None.
STRATEGIC GOAL:
This Project supports the District's Mission Statement, "To provide
the best quality of water and wastewater service to the customers of
the Otay Water District in a professional, effective, and efficient
manner," and the District's strategic goal, "To satisfy current and
future water needs for potable, recycled, and wastewater services."
LEGAL IMPACT:
None.
LCB:jf
P:\WORKING\CIP P2495 - San Miguel HMA and Assoc. Mitigation Projects\Staff Reports\BD 4-3-13, Staff
Report, SANDAG Transnet Grant Application Authorization Resolution.doc
Attachments: Attachment A – Committee Action
Attachment B – Resolution
Attachment C – Grant Application
Exhibit A – Location Map
Exhibit B – Cactus Wren Habitat Sites
ATTACHMENT A
SUBJECT/PROJECT:
P2495-001101
Resolution Authorizing an Application for Environmental
Mitigation Land Management Grant Funds to the San Diego
Association of Governments, Committing to Providing
Matching Funds and Authorizing Staff to Accept Grant Funds
and Execute Grant Agreement
COMMITTEE ACTION:
The Engineering, Operations, and Water Resources Committee
(Committee) reviewed this item at a meeting held on March 21, 2013.
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
RESOLUTION NO. 4209
AUTHORIZING AN APPLICATION FOR
ENVIRONMENTAL MITIGATION LAND MANAGEMENT GRANT FUNDS TO
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
FOR OWD CACTUS WREN PROJECT, COMMITTING TO PROVIDE MATCHING FUNDS, and
AUTHORIZING STAFF TO ACCEPT GRANT
FUNDS AND EXECUTE GRANT AGREEMENT
WHEREAS, in November 2004, the voters of San Diego County approved SANDAG Ordinance 04-01,
which extended the TransNet ½ cent sales and use tax through 2048 (TransNet Ordinance); and
WHEREAS, the TransNet Extension Ordinance contains provisions for the creation of an
Environmental Mitigation Program (EMP), which began being funded by the TransNet Ordinance on
April 1, 2008; and
WHEREAS, in November 2012, SANDAG issued its sixth Call for Projects from entities wishing to apply
for a portion of the EMP funds for use on environmental land management projects meeting certain
criteria; and
WHEREAS, Otay Water District wishes to receive $88,840.00 in EMP Grant funds for the following
project: OWD Cactus Wren Project; and
WHEREAS, Otay Water District understands that the EMP Grant funding is fixed at the programmed
amount, and therefore project cost increases which exceed the grant awarded will be the sole
responsibility of the grantee.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Otay Water District that the
Otay Water District is authorized to submit an application to SANDAG for the Fiscal Year 2013 Land
Management Grant funding in the amount of $88,840.00 for the OWD Cactus Wren Project; and
BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG to fund the Cactus Wren
Project, the Board of Directors of the Otay Water District commits to providing $8,657.67 of matching
funds and/or in-kind contributions as set forth in its grant application and authorizes Otay Water District
staff to accept the grant funds and execute the grant agreement included in the November 2012 Call for
Projects with SANDAG.
PASSED AND ADOPTED by the Otay Water District Board of Directors this third day of April, 2013 by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________
President
ATTEST:
_________________________
District Secretary
P:\Working\P2495-San Miguel HMA and Assoc. Mitigation Projects\Staff Reports\Exhibit A
EXHIBIT A
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OTAY WATER DISTRICTEnvironmental Setting MapSan Miguel Habitat Management Area F
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Exhibit C
Coastal Cactus Wren
(Campylorhynchus brunneicapillus sandiegensis)
STAFF REPORT
TYPE MEETING: Regular Board
MEETING DATE: April 3, 2013
SUBMITTED BY:
Dan Martin
Engineering Manager
PROJECT: Various DIV. NO. ALL
APPROVED BY:
Rod Posada, Chief of Engineering
German Alvarez, Asst. General Manager
Mark Watton, General Manager
SUBJECT: Millenia Water Annexation Request to Improvement Districts
(IDs) 22 and 27 (APNs 643-060-18, 23, 24, and 25-00)
GENERAL MANAGER’S RECOMMENDATION:
Adopt Resolution No. 4208, fixing terms and conditions for the
annexation of certain real property owned by SLF IV McMillin
Millenia JV, LLC, APNs: 643-060-18, 23, 24, and 25-00, to the
Otay Water District Improvement District Nos. 22 and 27.
COMMITTEE ACTION:
Please see Attachment A.
PURPOSE:
The purpose of the proposed annexation is to provide water
service to parcels owned by SLF IV McMillin Millenia, JV, LLC,
located within Chula Vista, California (APNs 643-060-18, 23, 24,
and 25-00)
ANALYSIS:
A written request and Petition signed by Mr. Don Mitchell,
Senior Vice President of McMillin Land Development, has been
received for the annexation of APNs 643-060-18, 23, 24, 25-00
into Improvement District Nos. 22 and 27 for water service. The
total acreage to be annexed is 218.67 acres. The property is
AGENDA ITEM 4
within the sphere of Otay Water District and will be part of
Improvement Districts 22 and 27 after the Board of Directors
approve this request. The property is located at Birch Road and
Eastlake Parkway in the City of Chula Vista in the County of San
Diego.
FISCAL IMPACT: Joseph Beachem, Chief Financial Officer
The property owners will pay the District’s processing fee of
$744, water meter annexation fees in effect at the time the
meters are purchased (current fee is $1,553.29 per EDU), any
additional meter costs and annexation fees as established in the
attached Resolution, and $6,560.10 in annual availability fees.
STRATEGIC GOAL:
Provide water service to meet increasing customer needs.
LEGAL IMPACT:
No legal impact.
DM:tc
Attachments: Attachment A - Committee Action
Attachment B - Resolution
Exhibit A - Legal Description
Exhibit B - Legal Map
ATTACHMENT A
SUBJECT/PROJECT:
Various
Millenia Water Annexation Request to Improvement
Districts (IDs) 22 and 27 (APNs 643-060-18, 23, 24, and
25-00)
COMMITTEE ACTION:
The Engineering, Operations, and Water Resources Committee
(Committee) reviewed this item at a meeting held on March 21,
2013 and supported staff’s recommendation.
Note:
The “Committee Action” is written in anticipation of the
Committee moving the item forward for board approval. This
report will be sent to the Board as a committee approved item,
or modified to reflect any discussion or changes as directed
from the Committee prior to presentation to the full Board.
Page 1 of 4
RESOLUTION NO. 4208
A RESOLUTION OF THE BOARD OF DIRECTORS OF
OTAY WATER DISTRICT APPROVING THE ANNEXATION
TO OTAY WATER DISTRICT IMPROVEMENT DISTRICT
NOS. 22 and 27 OF THOSE LANDS DESCRIBED AS
"MILLENIA WATER ANNEXATION” (FILE NO. ENG70-
10-140/DIV. 1)
WHEREAS, a letter has been submitted by SLF IV MCMILLIN
MILLENIA JV, LLC, C/O SENIOR VICE PRESIDENT DON MITCHELL, the
owners and party that has an interest in the land described in
Exhibit "A," attached hereto, for annexation of said land to Otay
Water District Improvement District Nos. 22 and 27 pursuant to
California Water Code Section 72670 et seq.; and
WHEREAS, pursuant to Section 72680.1 of said Water Code, the
Board of Directors may proceed and act thereon without notice and
hearing.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE OTAY WATER
DISTRICT FINDS, RESOLVES, ORDERS AND DETERMINES as follows:
1. A depiction of the area proposed to be annexed, and the
boundaries of IDs 22 and 27 following the annexation, is set
forth on a map in Exhibit “B” filed with the Secretary of the
District, which map shall govern for all details as to the area
proposed to be annexed.
2. The purpose of the proposed annexation is to make water
service available to the area to be annexed, which availability
constitutes a benefit to said area.
3. The Board finds and determines that the area proposed
to be annexed to IDs 22 and 27 will be benefited by such
annexation and that the property currently within IDs 22 and 27
will also be benefited and not injured by such annexation because
Attachment B
Page 2 of 4
after the annexation a larger tax base will be available to
finance the water facilities and improvements of IDs 22 and 27.
4. The Board of Directors hereby declares that the annexa-
tion of said property is subject to the owners complying with the
following terms and conditions:
(a) The petitioners for said annexation shall pay to
Otay Water District the following:
(1) The annexation processing fee at the time of
application;
(2) State Board of Equalization filing fees in
the amount of $2,000;
(3) The water annexation fee at the time of
connection to the Otay Water District water
system;
(4) Yearly assessment fees will be collected
through the County Tax Assessor’s office in
the amount of $30 for APNs 643-060-18, 23, 24
and 25-00;
(5) In the event that water service is to be
provided, Petitioners shall pay all
applicable water meter fees per Equipment
Dwelling Unit (EDU) at the time the meter is
purchased; and
(6) Payment by the owners of APNs 643-060-18, 23,
24 and 25-00 of all other applicable local or
state agency fees or charges.
Page 3 of 4
(b) The property to be annexed shall be subject to
taxation after annexation thereof for the purposes
of the improvement district, including the payment
of principal and interest on bonds and other
obligations of the improvement district, author-
ized and outstanding at the time of annexation,
the same as if the annexed property had always
been a part of the improvement district.
5. The Board hereby declares the property described in
Exhibit "A" shall be considered annexed to IDs 22 and 27 upon
passage of this resolution.
6. The Board of Directors further finds and determines
that there are no exchanges of property tax revenues to be made
pursuant to California Revenue and Taxation Code Section 95 et
seq., as a result of such annexation.
7. The annexation of APNs 643-060-18, 23, 24 and 25-00 to
the District’s Improvement Districts 22 and 27 is hereby
designated as the “MILLENIA WATER ANNEXATION.”
8. Pursuant to Section 57202(a) of the Government Code,
the effective date of the MILLENIA WATER ANNEXATION shall be the
date this Resolution is adopted by the Board of Directors of the
Otay Water District.
9. The General Manager of the District and the Secretary
of the District, or their respective designees, are hereby
ordered to take all actions required to complete this annexation.
Page 4 of 4
PASSED, APPROVED AND ADOPTED by the Board of Directors of
the Otay Water District at a regular meeting held this 3rd day of
April, 2013.
President
ATTEST:
__________________________________
District Secretary
r, ,
EXHmlT "A"
LEGAL DESCRIPTION
OTAY RANCH MILLENIA
(EASTERN URBAN CENTER)
ANNEXATION PARCEL
OTAY WATER DISTRICT I.D. 22 & 27
Parcel 3 of Parcel Map no. 18481, in the City of Chula Vista, County of San Diego, State of
California, filed May 31, 2000 in the Office of the County Recorder of San Diego County,
excepting therefrom the land described in that certain Irrevocable Offer of Dedication of fee
interest recorded May 22, 2003 as Instrument no. 2003-0604602 and accepted by that certain
acceptance of Irrevocable Offer of Dedication of fee interest recorded May 22, 2003 as
Instrument no. 2003-0604603 and conveyed to the State of California by grant deed recorded
May 22, 2003 as Instrument no. 2003-0604607, also excepting therefrom that portion of land
granted to the State of California on August 12, 2011 as Document no. 2011-04] 5116, together
with portions of land granted to McMillin Otay Ranch, LLC on August 6, 2010 as File no. 2010
0403982; all ofOfficiaJ Records of San Diego County, California.
/-Z~20I:3~ DATE
LS 7019
Page 1 of 1
OTAY WATER DISTRICT
ANNEXATION TO LD. 22 & 27
PREPARED BY: PROtECT D£SIGN CONSULTANTS
PORTION GRANTED TO THE STA1E
OF CAUFORNIA ON MA Y 22, 2003
AS DOCUMENT NO. 2003-0604007,
RIGHT OF WAY PARCEL 32019-2
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LOT 3
GARY L Hus-:5
LS. NO. 7019
LOT 18
OTAY RANcHo ~~
BIRCH-ROAD -
APN 643-060-25
PARCEL 3
'r\,~1 PJ\jJ -J84a-J
APN 643-060-24
PORTION GRANTED TO MCMILUN
OTA Y RANCH, liC ON AUG. 6, 2010
AS DOCUMENT NO. 2010-0403982
ft'-APN 643-060-23
, / PORTION GRAN1ED TO MCMIlliN
OTAY RANCH, liC ON AUG. 6, 2010
AS DOCUMENT NO. 2010-0403982
---PORTION GRANTED TO THE STA 1E
OF CAUFORNIA ON AUG. 12, 2011
AS DOCUMENT NO. 2011-0415116,
RIGHT OF WA Y PARCEL 34750-1
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SAN DIEGO, CALIFORNIA 92101
701 B STREET SUITE 800
VICINITY MAP
NOT TO SCALE
o 600' I I
SCAlE: 1'=600'
NOTE
TOTAL AREA 'MTHIN HEAVY
BOUNDARY: 218.667 ACRES
i
STAFF REPORT
TYPE MEETING: Regular Board
MEETING DATE: April 3, 2013
SUBMITTED BY:
Dan Martin
Engineering Manager
PROJECT: R2094-006000
P2496-001103
DIV. NO. 4
APPROVED BY:
Rod Posada, Chief, Engineering
German Alvarez, Assistant General Manager
Mark Watton, General Manager
SUBJECT: Authorization to Execute a Reimbursement Agreement Between the
City of Chula Vista and the Otay Water District for Phase II
of the Otay Lakes Road 12-Inch Recycled Water Pipeline and
Potable Utility Relocation Project
GENERAL MANAGER’S RECOMMENDATION:
That the Otay Water District (District) Board of Directors (Board)
authorize the General Manager to execute an Agreement between the
City of Chula Vista (City) and the District for reimbursement to the
City for construction costs associated with Phase II of the Otay
Lakes Road 12-Inch Recycled Water Pipeline and Potable Utility
Relocation Project in an amount not to exceed $97,350 (see Exhibit A
for Project location).
COMMITTEE ACTION:
Please see Attachment A.
PURPOSE:
To obtain Board authorization for the General Manager to execute an
Agreement (Exhibit B) with the City of Chula Vista for costs
associated with construction of the Recycled and Potable Utility
Relocations. The Agreement provides that the District will reimburse
the City for up to $97,350.
AGENDA ITEM 5
2
ANALYSIS:
The City of Chula Vista plans to continue its work to complete
roadway widening improvements on portions of Otay Lakes Road in Chula
Vista as part of its goal to maintain and improve City streets. The
work is being constructed in phases. Phase I work which constructed
improvements on Otay Lakes Road from Ridgeback Road to approximately
750 feet south of East “H” Street was completed in March 2011.
During Phase I, District staff and City staff coordinated their
efforts and combined contract documents for the Recycled Pipeline,
Potable Utility Relocations, and the Road Improvement work into the
City’s bid package in order to minimize impacts to the Chula Vista
community. The District entered into a reimbursement agreement with
the City to fund the water infrastructure improvements. These
improvements included the construction of the recycled pipeline in
Otay Lakes Road which brought a source of recycled water to customers
including Southwestern College.
The City’s construction for Phase II work which will construct
roadway widening improvements from approximately 750 feet south of
East “H” Street to Telegraph Canyon Road is scheduled to begin in
April 2013. The water infrastructure work included in Phase II
consists of relocating existing recycled and potable water facilities
including meters and appurtenances to support the roadway widening
work. The construction cost associated with the recycled and potable
utility relocations is estimated at $97,350. The attached agreement
(Exhibit B) provides for reimbursement to the City to cover the
actual “as-bid” construction cost plus a 10% contingency for the
purpose of reimbursing the City for progress payments to the
contractor.
FISCAL IMPACT: Joseph Beachem, Chief Financial Officer
Funding for the overall Project comes from two CIP projects, P2496 –
Otay Lakes Road Utility Relocations and R2094 – Potable Irrigation to
Recycled.
The total budget for CIP P2496, as approved in the FY 2013 budget, is
$275,000. Expenditures to date are $204,332. Total expenditures,
plus outstanding commitments and forecast, is $272,482 as shown in
Attachment B1 – Budget Detail for P2496.
The total budget for CIP R2094, as approved in the FY 2013 budget, is
$3,100,000. Expenditures to date are $1,522,228. Total
expenditures, plus outstanding commitments and forecast, is
$1,679,428 as shown in Attachment B2 – Budget Detail for P2094.
3
Based on a review of the financial budgets, the Project Manager
anticipates that each budget is sufficient to support the Project.
The Finance Department has determined that 100% of the funding is
available from the Expansion Fund for CIP R2094 and that 100% of the
funding is available from the Replacement Fund for CIP P2496.
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.”
LEGAL IMPACT:
The District’s General Council and the City’s City Attorney have
reviewed and accepted the Agreement as to form and legality.
DM:jf
P:\WORKING\CIP P2496 Otay Lakes Rd Utility Relocations\Phase II\Staff Reports\BD 04-03-13\BD 04-03-2013,
Staff Report, Otay Lakes Road Phase II Reimbursement Agreement, (DM-RP).docx
Attachments: Attachment A – Committee Action
Attachment B1 – P2496 Budget Detail
Attachment B2 – R2094 Budget Detail
Exhibit A – Location Map
Exhibit B – Agreement
ATTACHMENT A
SUBJECT/PROJECT:
R2094-006000
P2496-001103
Authorization to Execute a Reimbursement Agreement Between
the City of Chula Vista and the Otay Water District for
Phase II of the Otay Lakes Road 12-Inch Recycled Water
Pipeline and Potable Utility Relocation Project
COMMITTEE ACTION:
The Engineering, Operations, and Water Resources Committee (Committee)
reviewed this item at a meeting held on March 21, 2013. 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 B1 – Budget Detail
SUBJECT/PROJECT:
R2094-006000
P2496-001103
Authorization to Execute a Reimbursement Agreement Between
the City of Chula Vista and the Otay Water District for
Phase II of the Otay Lakes Road 12-Inch Recycled Water
Pipeline and Potable Utility Relocation Project
Date Updated: - 3/1/2013
Budget
275,000
Planning
Professional Legal Fees 229 229 - 229 GARCIA CALDERON & RUIZ LLP
Regulatory Agency Fees 50 50 - 50 PETTY CASH CUSTODIAN
Standard Salaries 2,198 2,198 - 2,198
Total Planning 2,476 2,476 - 2,476
Design 001102
Consultant Contracts 29,148 29,148 - 29,148 LEE & RO INC
Standard Salaries 33,058 33,058 - 33,058
Total Design 62,206 62,206 - 62,206
Construction
Construction Contracts 125 125 - 125 CLARKSON LAB & SUPPLY INC
Consultant Contracts 890 890 - 890 CPM PARTNERS INC
200 200 - 200 LEE & RO INC
OTHER AGENCY FEES 50,000 50,000 - 50,000 CITY OF CHULA VISTA
Standard Salaries 88,436 88,436 - 88,436
OTHER AGENCY FEES 68,150 - 68,150 68,150 CITY OF CHULA VISTA
Total Construction 207,801 139,651 68,150 207,801
Grand Total 272,482 204,332 68,150 272,482
Vendor/Comments
Otay Water District
P2496-Otay Lakes Road Utility Relocations
Committed Expenditures
Outstanding
Commitment &
Forecast
Projected Final
Cost
ATTACHMENT B2 – Budget Detail
SUBJECT/PROJECT:
R2094-006000
P2496-001103
Authorization to Execute a Reimbursement Agreement Between
the City of Chula Vista and the Otay Water District for
Phase II of the Otay Lakes Road 12-Inch Recycled Water
Pipeline and Potable Utility Relocation Project
Date Updated: - 3/1/2013
Budget 3,100,000 Planning
Meals and Incidentals 22 22 0 22 PETTY CASH CUSTODIAN
Professional Legal Fees 2,413 2,413 0 2,413 GARCIA CALDERON & RUIZ LLP
545 545 0 545 STUTZ ARTIANO SHINOFF
Service Contracts 983 983 0 983 JONES & STOKES ASSOCIATESStandard Salaries 78,771 78,771 0 78,771
Total Planning 82,733 82,733 0 82,733Design001102
Consultant Contracts 30,035 30,035 0 30,035 SOUTHERN CALIFORNIA SOIL
72,204 72,204 0 72,204 LEE & RO INC3,850 3,850 0 3,850 MWH CONSTRUCTORS INCRegulatory Agency Fees 1,042 1,042 0 1,042 DEPARTMENT OF PUBLIC HEALTHStandard Salaries 27,379 27,379 0 27,379
Total Design 134,510 134,510 0 134,510ConstructionConsultant Contracts 16,554 16,554 0 16,554 LEE & RO INCStandard Salaries 62,606 54,606 8,000 62,606
Total Construction 79,160 71,159 8,000 79,159Tapestry & Mosaic
1,478 1,478 0 1,478 AEGIS ENGINEERING MANAGEMENT
20,171 20,171 0 20,171 AEGIS ENGINEERING MGMT INCFor Ops Only - Contracted Services 1,763 1,763 0 1,763 KIRK PAVING INC
200 200 0 200 PENHALL COMPANY
102 102 0 102 C W MCGRATH INC
300 300 0 300 CITY OF CHULA VISTAOTHER AGENCY FEES 1,751 1,751 0 1,751 DEPARTMENT OF PUBLIC HEALTHProfessional Legal Fees 40 40 0 40 STUTZ ARTIANO SHINOFFAgreements21,000 0 21,000 21,000 TAPESTRY & MOSAIC HOAStop Meter 24,041 24,041 0 24,041Total Tapestry & Mosaic 70,847 49,847 21,000 70,847
AspireConsultant Contracts 16,160 14,160 2,000 16,160 AEGIS ENGINEERING MGMT INC
375 375 0 375 PENHALL COMPANY3,340 3,340 0 3,340 KIRK PAVING INC1161160116C W MCGRATH INC4954950495CITY OF CHULA VISTAOTHER AGENCY FEES 265 265 0 265 DEPARTMENT OF PUBLIC HEALTHProfessional Legal Fees 81 81 0 81 STUTZ ARTIANO SHINOFFAgreements25,500 0 25,500 25,500 ASPIRE HOAUnion 3 Part 24,861 24,861 0 24,861Total Aspire 71,192 43,692 27,500 71,192
City of Chula Vista
Consultant Contracts 144 144 0 144 CLARKSON LAB & SUPPLY INC4,950 4,950 0 4,950 VALLEY CONSTRUCTION MANAGEMENT2,488 2,488 0 2,488 AEGIS ENGINEERING MGMT INCOTHER AGENCY FEES 979,589 979,589 0 979,589 CITY OF CHULA VISTAOTHER AGENCY FEES 29,200 0 29,200 29,200 CITY OF CHULA VISTA
Service Contracts 27 27 0 27 CARMEL BUSINESS SYSTEMS INCStandard Salaries 94,025 91,025 3,000 94,025Total City of Chula Vista 1,110,422 1,078,222 32,200 1,110,422Aristata
473 473 0 473 AEGIS ENGINEERING MANAGEMENT18,104 13,604 4,500 18,104 AEGIS ENGINEERING MGMT INCOTHER AGENCY FEES 2,268 2,268 0 2,268 DEPARTMENT OF PUBLIC HEALTHService Contracts 296 296 0 296 CARMEL BUSINESS SYSTEMS INCAgreements20,000 0 20,000 20,000 ARISTATA HOAStandard Salaries 7,473 6,473 1,000 7,473Total Aristata 48,614 23,113 25,500 48,613Agave & Saguaro
Consultant Contracts 528 528 0 528 AEGIS ENGINEERING MANAGEMENTConsultant Contracts 20,046 18,016 2,000 20,016 AEGIS ENGINEERING MGMT INCOTHER AGENCY FEES 731 731 0 731 DEPARTMENT OF PUBLIC HEALTHService Contracts 296 296 0 296 CARMEL BUSINESS SYSTEMS INCAgreements40,000 0 40,000 40,000 AGAVE & SAGUARO HOAStandard Salaries 13,593 12,593 1,000 13,593Total Agave & Saguaro 75,193 32,164 43,000 75,164
PhaseStandard Salaries 3,353 3,353 0 3,353
3,342 3,342 0 3,342 AECOM USA INC
92 92 0 92Total Phase 6,787 6,787 0 6,787
Grand Total 1,679,458 1,522,228 157,200 1,679,428
Vendor/Comments
Otay Water DistrictR2094-Potable Irrigation Meters to Recycled Water
Committed Expenditures
Outstanding
Commitment &
Forecast
Projected Final
Cost
Consultant Contracts
Consultant Contracts
INFRASTRUCTURE EQUIPMENT &
MATERIALS
For Ops Only - Contracted Services
INFRASTRUCTURE EQUIPMENT & MATERIALS
Consultant Contracts
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P:\WORKING\CIP P2496 Otay Lakes Road Utility Relocations\Phase II\Staff Reports|Exhibit A
OTAY WATER DISTRICTOTAY LAKES ROAD UTILITY RELOCATIONS - PHASE IILOCATION MAP
EXHIBIT A CIP P2496F
0 0.1 0.20.05 Miles
OTAY LAKES RD.
PROJECT SITE
O T A Y L A K E S R D
TELEGRAPH
CANYON RD.
E A S T H S T .
M I R A C O S T A C I R C L E
EXHIBIT B
REIMBURSEMENT AGREEMENT FOR PAYMENT OF COSTS OF RELOCATION
AND ADJUSTMENT OF CERTAIN WATER FACILITIES BY AND BETWEEN
THE OTAY WATER DISTRICT
AND THE CITY OF CHULA VISTA, CALIFORNIA
(OTAY LAKES ROAD WIDENING PROJECT, PHASE 2)
THIS REIMBURSEMENT AGREEMENT FOR THE PAYMENT OF COSTS FOR
RELOCATION AND ADJUSTMENT OF OTAY WATER DISTRICT FACILITIES, dated
____________________, 2013, is entered into by and between the Otay Water District
(“District”) and the City of Chula Vista, a municipal corporation, (“City”) to establish terms
and conditions pursuant to which City will bid and cause to be constructed certain District
Facilities, defined herein below, and District will reimburse City for all expenses related
thereto. District and City may be referred to herein individually as “Party” and collectively
as the “Parties.”
RECITALS
WHEREAS, District has approved, within its Capital Improvement Program (“CIP”),
the relocation and adjustment of certain existing, reclaimed and potable water facilities
(“Existing District Facilities”) within the City of Chula Vista; and
WHEREAS, District is authorized, pursuant to applicable laws, to contract and to pay
for all or part of the cost of the installation, relocation, adjustment, and construction of any
building, facility, structure or other improvements required by District in connection with a
District service; and
WHEREAS, City is constructing improvements to Otay Lakes Road between East H
Street and Telegraph Canyon Road. These improvements include, but are not limited to,
roadway widening, construction of curb, gutter, sidewalk, and median islands, construction of
retaining walls, relocation of utilities, and reconfiguration of traffic signals and street lighting
(“City Improvements”); and
WHEREAS, the relocation and adjustment of District Facilities (“District Project”)
concurrently with City Improvements would constitute a substantial benefit to District and
the City, which benefits include, but are not limited to, reductions or savings in terms of time,
money, construction hazards, and traffic impacts; and
WHEREAS, in order to achieve such benefits, District desires that City incorporate
the relocation and adjustment Existing District Facilities into the construction documents and
contract for City Improvements; and
WHEREAS, City is willing to incorporate the District Project into the contract for
City Improvements, provided District submits complete plans and specifications for the
District Project and agrees to reimburse City for all associated costs; and
NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is
agreed by and between the Parties hereto, as follows:
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ARTICLE I. DEFINITIONS
1.1 Definitions. Unless the context otherwise requires, the terms defined in this Section 1
shall, for all purposes of this Reimbursement Agreement and of any amendment hereto,
and of any certificate, opinion, estimate or other document herein mentioned, have the
meanings herein specified.
“District” means the Otay Water District, a municipal water district duly organized and
existing under the Municipal Water District Law of 1911, as set forth in the California
Water Code.
“City” means the City of Chula Vista, California, a chartered municipal corporation duly
organized and existing under and by virtue of the Constitution and laws of the State of
California.
“City Improvements” means, collectively, the improvements to Otay Lakes Road
between East H Street and Telegraph Canyon Road (Phase 2 of City CIP Project No.
STM-355).
“District Costs” means the total dollar amount of costs associated with the District
Project, including, but not limited to, costs of materials, labor, oversight, bidding,
permits, change orders, and the fair share of Joint Costs. “District Project” means the
relocation and adjustment of District’s potable and recycled water facilities within Otay
Lakes Road between East H Street and Telegraph Canyon Road and are fully funded in
District’s CIP as “CIP P2496, Otay Lakes Road Utility Relocations” and “CIP R2094,
Potable Irrigation Meters to Recycled Conversion.”
“Existing District Facilities” means the following potable and recycled water facilities to
be relocated or adjusted:
“Joint Costs” means those costs of relocations and adjustment of the Project, which, due
to their nature, cannot be attributed solely to District Project or City Improvements, yet
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from which both derive benefit or those costs that both Parties would have incurred had
their respective facilities been constructed independently of each other (e.g. slurry seal
would have been necessary to cover the District’s trench and would also have been
required for the City’s street).
“Project” means, collectively, District Facilities and City Improvements.
ARTICLE II. PRECONSTRUCTION
2.1 Design and Specifications - Generally. Prior to advertisement of a Request for Proposals
(“RFP”) for the construction and installation of Project, District shall submit designs and
all associated plans and specifications (collectively “Construction Documents”) for the
District Project to the City.
2.1.1 Approval. Prior to submission, an authorized representative of District shall
approve the Construction Documents, submittal of which shall indicate such
approval and grant to the City permission to include the Construction Documents
in the RFP.
2.1.2 Design and Preparation Costs. All costs associated with the design of a Party’s
facilities and the preparation of Construction Documents shall be borne solely by
such Party.
2.1.3 Bidding and Award –City shall be responsible for all aspects of bidding and
award of a contract for the construction and installation of the Project
(“Construction Agreement”).
2.1.3.1 Bid Package. City shall be responsible for preparing and circulating the
bid package.
2.1.3.2 Meetings. City shall organize all pre-bid meetings and shall inform the
District of the time and date of such meeting, so that a representative of
the District may be present to clarify any issues related to and prepare
addenda for the construction of the District Facilities.
a. Additional Costs. Any additional costs associated with the failure
of District to attend meetings, clarify issues, or submit addenda to
City for distribution shall be the obligation of the District.
2.1.3.3 Selection of Lowest Responsible Bidder. City, at its sole discretion,
shall determine the lowest responsible bidder, which determination
shall be binding on the District.
2.1.3.4 Execution of Construction Agreement. City shall be responsible for
executing the Construction Agreement on the behalf of itself and the
District and ensure that the District is identified as a third-party
beneficiary of such agreement with the same rights and remedies as the
City.
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ARTICLE III. CONSTRUCTION
3.1 Compliance with Specifications. City will include provisions in the Construction
Contract that require that the relocations and adjustments associated with the District
Project by City's contractor shall be in strict compliance with the approved plans and
specifications provided by District, that all materials furnished by City’s contractor shall
conform to District’s approved material list, and that any and all deviations from said
plans and specifications must be approved by District, in writing, prior to being
incorporated into the work.
3.1.1 Right to Enforce. District shall have the right to enforce the terms of Section 3.1
against the City’s contractor in the same manner as the City, and pursuant to
Section 11.17 such rights shall be written into the Construction Contract.
3.2 Project Completion and Warranty. District and City anticipate that Project will be
completed on or about December 31, 2013. Project, however, will not be deemed
completed or accepted until both City and District have accepted their respective
facilities or improvements. The City’s contractor shall warrant all work for a period of no
less than one year from the date of acceptance, which shall be deemed to be the latter of
the dates District and City accept their work performed and facilities constructed
pursuant to the Construction Agreement. Acceptance will be evidenced by the filing of a
Notice of Completion by the City with the County of San Diego Recorder. The
Construction Contract shall include this definition of project completion and acceptance.
ARTICLE IV. REIMBURSEMENT OF COSTS
4.1 Deposit Account. Within thirty (30) calendar days of the Construction Agreement
award, District shall deposit with the City an amount equal to one hundred (100) percent
of the bid amount attributable to the relocation and adjustment of District Facilities, plus
a ten (10) percent contingency (“District Deposit”) for the purpose of reimbursing the
City for progress payments made by City to City’s contractor associated with the District
Project.
4.2 Invoice. City shall invoice the District for District Costs (“City Invoice”) following the
receipt of an invoice from City’s contractor on which such District Costs appear. The
City Invoice shall:
4.2.1 Include a copy of the contractor’s invoice.
4.2.2 Identify those costs attributable to the District’s Project.
4.2.3 Show calculations apportioning the District’s fair share of Joint Costs.
4.2.3.1 Apportionment of Joint Costs. Joint Costs may be apportioned as
follows:
a. When a percentage of use can be determined, Joint Costs shall be
apportioned based on the respective percentages of use.
5
b. When work is equally necessary for both the installation and
construction of City Improvements and the District Project, Joint
Costs shall be divided equally.
c. Based on the respective percentages of Total Project Costs.
d. Other methods to which the Parties mutually agree.
4.2.4 Provide a net total charge payable by District.
4.3 District Approval. District shall review and approve the City Invoice within thirty (30)
calendar days of its receipt (“Review Period”). If District determines that all relevant
documents have not been submitted, District shall inform the City of the need for
additional information and specify the documents/information necessary to permit
review and approval.
4.3.1 Failure to Approve. If District fails to approve the City Invoice or request
additional information within the Review Period, the charges on the City Invoice
shall be deemed approved.
4.4 Reimbursement. Following District approval of a City Invoice, City shall deduct the
invoice amount from the District Deposit for the purpose of reimbursing the City for
District Costs invoiced by and paid to City’s contractor. District approval of a City
Invoice shall be deemed District’s authorization for such reimbursement in the amount of
the City Invoice.
4.4.1 Withholding/Retention. From each payment to the contractor, City shall
withhold a minimum of five (5) percent of the amount of the contractor’s invoice.
Payment thereof shall not be made until final approval and acceptance. A similar
retention shall be withheld from the reimbursement to the City from District
Deposit.
4.5 Use of Project Contingency. The Project Contingency may be used for unforeseen
changes in work; however it shall not be used for: (i) work required due to contractor’s
failure to perform work or services according to the terms of the Construction Agreement
and/or in compliance with the Construction Documents; or (ii) uninsured losses resulting
from the negligence of contractor.
ARTICLE V. CHANGE ORDERS
5.1 Written Approval of Construction Changes and Change Orders. With the exception of
Emergencies, prior to the approval of a construction change or change order concerning
or affecting District Project, including any changes to City Improvements that might
affect District Project in any way, City shall obtain the written consent of District.
5.1.1 Approval of Change Orders. District shall respond to a change order request
within five (5) working days of the date it is received by District.
5.1.2 Additional Costs. District will bear any increased costs due to a delay in
approving a properly submitted construction change and/or change order request.
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5.2 Changes in Emergencies. City may authorize contractor to proceed with any proposed
construction changes and or change orders, without consulting with District or obtaining
the District’s written approval, if failure to act immediately would pose a danger to the
public, as determined in the sole discretion of the City, or result in delays and cost
overruns ( collectively “Emergency”); however, the City shall use best efforts to
immediately, or as soon as reasonably possible, inform the district the changes. The
District shall be responsible for any increased costs of construction of their portion of
Project due to an Emergency.
5.3 Errors and Omissions. City shall not make payment to contractor or charge District for
any costs or expenses of a Change Order resulting from an error or omission for which
the contractor is solely responsible.
ARTICLE VI. INSPECTION
6.1 Inspection Team. District shall appoint an individual or team responsible for inspections
and approving installation of District Facilities.
6.2 Inspection Stages and Obligations. District shall have the right to conduct inspections of
the District Project and construction methods pertaining thereto as deemed necessary by
District. District shall provide copies of all District inspections to City within five (5)
working days of an inspection. District shall be responsible for verifying that all work on
District Project is completed in accordance with the approved plans and specifications. It
is specifically understood that District’s inspectors shall have the authority to enforce
District’s plans and specifications for District Project, which authority shall include the
authority to require that any and all unacceptable materials, workmanship, and/or
installation be replaced, repaired, or corrected by City’s contractor without cost to
District and/or City.
6.3 Inspection Costs. All inspection costs incurred by District will be borne by District.
6.4 Notification. The Parties agree to develop mutually acceptable procedures for
notification of inspections required or deemed necessary by either Party.
ARTICLE VII. INSURANCE
7.1 Contractor’s Insurance. City shall ensure that its contractor provides evidence of
insurance coverage, as required by City, for the entire construction and, if applicable,
warranty period. Such insurance shall, at a minimum, include a comprehensive general
liability policy in an amount sufficient to cover all contractual obligations of the
contractor under the construction contract, and no less than $2,000,000. The policy of
insurance shall name District and City, and their respective employees, officers,
governing body members, and agents as additional insureds, require a waiver of
subrogation, and be primary insurance. Furthermore, City shall obtain evidence that the
contractor maintains worker’s compensation insurance in accordance with applicable
requirements of law.
7.2 Parties’ Insurance. District and City shall maintain insurance as customary in connection
with their respective facilities.
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ARTICLE VIII. INDEMNITY
8.1 Indemnity. Each Party hereto agrees to defend, indemnify, protect, and hold harmless
(“Indemnitor”) the other Party, its agents, officers, and employees (“Indemnitees”) from
and against any and all claims asserted or liability established for damages or injuries to
any property or person, including death or dismemberment, which arise from or are
caused by the negligent acts or omissions or willful misconduct of the Indemnitor’s
agents, officers or employees, in performing the work or services herein and all expenses
of investigation and defending against same; provided, however, that each Party's duty to
defend, indemnify and hold harmless the other shall not include any claims or liability
arising from the sole negligence or willful misconduct of the other Indemnitee, its agents,
officers or employees. District and City agree that in the event of any joint or concurrent
negligence, they will apportion any established or agreed upon liability proportionate to
their respective degree of fault. For the purposes of this provision, the City’s contractor
shall not be considered an agent of the City or District. Claims related to the actions or
omissions of the City’s contractor shall be address through provisions in the
Construction Contract, which provisions shall include indemnity, defense, and hold
harmless provisions from the City’s contractor in favor of both the City and District.
8.2. Enforcement Costs. Indemnitor agrees to pay any and all costs City incurs enforcing the
indemnity and defense provisions set forth in Article V.
8.3. Survival. Indemnitor’s obligations under Article V shall survive the termination of this
Agreement.
ARTICLE IX. RECORDS
9.1 Retention of Records. City shall require contractor to maintain data and records related
to this Construction Agreement for a period of not less than three (3) years following
receipt of final payment.
9.2 Audit of Records. City shall make available and shall require that its contractor make
available to District for examination at reasonable locations within the County of San
Diego and at any time during normal business hours and as often as the District deems
necessary, all of the data and records with respect to all matters covered by this
Agreement and the Construction Agreement. City and contractor will permit the District
to make audits of all invoices, materials, payrolls, records of personnel, and other data
and media relating to all matters covered by this Agreement and the Construction
Agreement.
ARTICLE X. NOTICES
10.1 Writing. Any demand upon or notice required or permitted to be given by one Party to
the other Party shall be in writing.
10.2 Effective Date. Except as otherwise provided by law, any demand upon or notice
required or permitted to be given by one Party to the other Party shall be effective: (i)
on personal delivery, (ii) on the second business day after mailing by certified or
registered U.S. Mail, return receipt requested, (iii) on the succeeding business day after
8
mailing by Express Mail or after deposit with a private delivery service of general use
(e.g., Federal Express) postage or fee prepaid as appropriate, or (iv) upon successful
transmission of facsimile.
10.3 Recipients. All demands or notices required or permitted to be given shall be sent to all
of the following:
10.3.1 District:
Otay Water District
2554 Sweetwater Springs Boulevard
Spring Valley, California 91978
Fax: 619-670-8920
Attention: District Project Manager
10.3.2 City:
City of Chula Vista, Public Works – Engineering, 276
Fourth Avenue
Chula Vista, California 91910
Fax: (619) 691-5171
Attention: City Project Manager and Director of Public Works.
10.4 Change of Address(es). Notice of change of address shall be given in the manner set
forth in this Article.
ARTICLE XI. MISCELLANEOUS
11.1 Headings. All article headings are for convenience only and shall not affect the
interpretation of this Agreement.
11.2 Gender & Number. Whenever the context requires, the use herein of (i) the neuter
gender includes the masculine and the feminine genders and (ii) the singular number
includes the plural number.
11.3 Reference to Paragraphs. Each reference in this Agreement to a section refers, unless
otherwise stated, to a section of this Agreement.
11.4 Incorporation of Recitals. All recitals herein are incorporated into this Agreement and
are made a part hereof.
11.5 Covenants and Conditions. All provisions of this Agreement expressed as either
covenants or conditions on the part of the City or the District, shall be deemed to be
both covenants and conditions.
11.6 Integration. This Agreement and the Exhibits and references incorporated into this
Agreement fully express all understandings of the Parties concerning the matters
covered in this Agreement. No change, alteration, or modification of the terms or
conditions of this Agreement, and no verbal understanding of the Parties, their officers,
9
agents, or employees shall be valid unless made in the form of a written change agreed
to in writing by both Parties or an amendment to this Agreement agreed to by both
Parties. All prior negotiations and agreements are merged into this Agreement.
11.7 Severability. The unenforceability, invalidity, or illegality of any provision of this
Agreement shall not render any other provision of this Agreement unenforceable,
invalid, or illegal.
11.8 Drafting Ambiguities. The Parties agree that they are aware that they have the right to
be advised by counsel with respect to the negotiations, terms and conditions of this
Agreement, and the decision of whether or not to seek advice of counsel with respect to
this Agreement is a decision that is the sole responsibility of each Party. This
Agreement shall not be construed in favor of or against either Party by reason of the
extent to which each Party participated in the drafting of the Agreement.
11.9 Conflicts Between Terms. If an apparent conflict or inconsistency exists between the
main body of this Agreement and the Exhibits, the main body of this Agreement shall
control. If a conflict exists between an applicable federal, state, or local law, rule,
regulation, order, or code and this Agreement, the law, rule, regulation, order, or code
shall control. Varying degrees of stringency among the main body of this Agreement,
the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and
the most stringent requirement shall control. Each Party shall notify the other
immediately upon the identification of any apparent conflict or inconsistency
concerning this Agreement.
11.10 Prompt Performance. Time is of the essence of each covenant and condition set forth in
this Agreement.
11.11Good Faith Performance. The parties shall cooperate with each other in good faith, and
assist each other in the performance of the provisions of this Agreement.
11.12 Further Assurances. City and District each agrees to execute and deliver such
additional documents as may be required to effectuate the purposes of this Agreement.
11.13 Exhibits. Each of the following Exhibits is attached hereto and incorporated herein by
this reference:
None.
11.14 Controlling Law. The laws of the State of California shall govern and control the
terms and conditions of this Agreement.
11.15 Jurisdiction, Venue, and Attorney Fees. The venue for any suit or proceeding
concerning this Agreement, the interpretation or application of any of its terms, or any
related disputes shall be in the County of San Diego, State of California. The
prevailing Party in any such suit or proceeding shall be entitled to a reasonable award
of attorney fees in addition to any other award made in such suit or proceeding.
10
11.16 Agency/Municipal Powers. Nothing contained in this Agreement shall be construed as
a limitation upon the powers of the District or the City as a chartered city of the State
of California.
11.17 Third Party Relationships. Nothing in this Agreement shall create a contractual
relationship between City or District and any third party; however, the City shall
ensure that the District is an intended third party beneficiary of the Construction
Agreement and shall share all of the rights and benefits of the City with respect to the
contractor.
11.18 Limitation on District Remedies and Waiver of Claims. District understands that the
sole purpose of this Agreement is to establish a method to reimburse the City for
obligations of the District for payment of the costs of the installation and construction
of District Facilities, which costs would otherwise be due directly to the City’s
contractor. In accordance with such purpose, the District agrees that its sole remedy
for construction defects, breach by City Contractor, damage to property or persons,
including death, to district personnel or any third parties, or other claims arising out of
or related to the work performed to install and/or construct District Facilities shall be
against the City’s contractor or its subcontractors and agents, and, hereby, waives any
and all claims it may hereafter have against the City, arising out of the same, except for
those claims arising out of the sole negligence or sole willful misconduct of the City.
District, hereby, expressly waives all claims against the City identified in Section
11.18:
DISTRICT REPRESENTATIVE:________________________________.
DATE:____________
11.19 Non-Assignment. Except as relates to the Construction Agreement, the City shall not
assign the obligations under this Agreement.
11.20 Successors in Interest. This Agreement and all rights and obligations created by this
Agreement shall be in force and effect whether or not any Parties to the Agreement
have been succeeded by another entity, and all rights and obligations created by this
Agreement shall be vested and binding on any Party's successor in interest.
11.21 No Waiver. No failure of either the City or the District to insist upon the strict
performance by the other of any covenant, term or condition of this Agreement, nor
any failure to exercise any right or remedy consequent upon a breach of any covenant,
term, or condition of this Agreement, shall constitute a waiver of any such breach of
such covenant, term or condition. No waiver of any breach shall affect or alter this
Agreement, and each and every covenant, condition, and term hereof shall continue in
full force and effect to any existing or subsequent breach.
11.22 Administrative Claims Requirements and Procedures. No suit or arbitration shall be
brought arising out of this agreement, against the City unless a claim has first been
presented in writing and filed with the City and acted upon by the City in accordance
with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as
11
same may from time to time be amended, the provisions of which are incorporated by
this reference as if fully set forth herein, and such policies and procedures used by the
City in the implementation of same. Upon request by City, District shall meet and
confer in good faith with City for the purpose of resolving any dispute over the terms
of this Agreement.
11.23 Dispute Resolution. If a dispute arises out of or relates to this Agreement, or the
breach thereof, the Parties, following the procedures required by Section 11.22, agree
to engage in good faith negotiations to attempt to resolve the dispute. In the event of
any action at law or in equity, including an action for declaratory relief, between the
Parties arising out of or relating to this Agreement, then the prevailing party in such
action will be entitled to recover from the other party a reasonable sum as attorneys’
fees and costs. The prevailing party will be determined in accordance with Civil Code
Section 1717(b)(1) or any successor statute. The prevailing party will also be entitled
to its reasonable attorneys’ fees and costs in any post-judgment proceedings to collect
or enforce the judgment. This provision is separate and will survive the merger of this
Agreement into any judgment on this Agreement.
11.24 Administration of Contract. City hereby designates Kirk Ammerman, Principal Civil
Engineer, as City Project Manager for the construction of Project and as the primary
contact for all matters relating to this Agreement, including the submittal of City
invoices for reimbursement.
District hereby designates Ron Ripperger as District Project Manager for District
Facilities and as the primary contact for all matters relating to this Agreement,
including the processing, documenting, and approval of City invoices.
11.25 Signing Authority. The representative for each Party signing on behalf of such Party
hereby declares that authority has been obtained to sign on behalf of the City and/or
District, as applicable and agrees to hold the other Party or Parties hereto harmless if it
is later determined that such authority does not exist.
12
IN WITNESS WHEREOF, City and District have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete
consent to its terms:
City of Chula Vista Otay Water District,
Dated: _________________________
By: ___________________________ By: ____________________
Cheryl Cox, Mayor
Attest:
____________________________________
Donna Norris, City Clerk
Approved as to form: Approved as to form:
____________________________________ ___________________________
Bart Miesfeld, City Attorney District Counsel
Dated: ________________________ Dated:______________________
IN WITNESS HEREOF, City and District have executed this Reimbursement
Agreement to be effective as of the day and year first above written.
CITY OF CHULA VISTA OTAY WATER DISTRICT
By: ________________________________ By: ___________________________
Cheryl Cox, Mayor Mark Watton, General Manager
Attest:
________________________________
Donna Norris, City Clerk
Approved as to form:
_________________________________
City Attorney
Approved as to form:
_________________________________
Legal Counsel
STAFF REPORT
TYPE MEETING: Regular Board
MEETING DATE: April 3, 2013
PROJECT: DIV. NO.
SUBMITTED BY: Geoffrey Stevens
Chief, Information Technology and Strategic Planning
APPROVED BY:
German Alvarez, Assistant General Manager
Mark Watton, General Manager
SUBJECT: FY13 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 fiscal mid-year report on the District’s Strategic
Performance Plan for FY 2013.
ANALYSIS:
Overall, FY13 Quarter 2 results for Performance Measures continue to
be positive with the District achieving its target of 90% for
Strategic Plan Objectives and just below its target for Performance
Measures (at 73% vs. target of 75%).
Strategic Plan Objectives
Strategic Plan Objectives are designed to ensure we are making the
appropriate high-level changes necessary to move the District in the
planned direction to meet new challenges and opportunities.
Objective results are on target at 90% complete, ahead or on
schedule. These results are slightly higher than the previous year.
AGENDA ITEM 4 AGENDA ITEM 6
2
Two items are on hold and are thus excluded from the calculation, and
four items have not started as they are planned to begin in FY 2014.
FY13 Q2 Objectives
Performance Measures
Performance measures are designed to track the day-to-day performance
of the District. These items measure the effectiveness and
efficiency of daily operations. The overall goal is that at least
75% of these measures be rated “on target”. FY13 Quarter 2 District
results are near target with 30 of 41 (73%) items achieving the
desired level or better.
FY13 Q2 Performance Measures
30 of 41 Performance Measures Are on Target (73%)
Target is 75%
35 of 39 Objectives On or Ahead of Schedule (90%)
Target is 90%
3
Benchmarks – Peer Comparisons
The District participates in the AWWA QualServe Benchmarking Study
and has selected a subset of measures that help us measure how our
performance compares to other water industry organizations. Overall,
the District is above target on 13 of 16 items (81%). While we do not
have a specific combined target for benchmarks, we do consider 81% a
good indication of quality performance compared to our peers.
FY13 Q2 Benchmark Performance
Department Specific Results
The following FY13 Quarter 2 charts provide an overview of Department
performance. Staff will focus on presentations for Engineering and
Operations at the EO&WR Committee meeting and with Finance,
Administrative Services, and IT at the FA&C Committee meeting.
4
5
Next Steps
Staff is currently evaluating changes to the FY14 Strategic Plan in
advance of presentation of the FY14 budget to the Board. In
addition, as the new FY15-17 will be presented to the Board this time
next year, staff will begin the necessary preparation in September of
this year to allow an opportunity to consider the next set of
critical issues and decisions the District will face in the next
three to four years.
Strategic Plan on the Board Extranet
All of the current and past strategic plan results and associated
details are provided in a real time, interactive web-based
application available to the Board on the Board Extranet.
FISCAL IMPACT: Joe Beachem, Chief Financial Officer
Informational item only, no fiscal impact.
STRATEGIC GOAL:
Strategic Plan and Performance Measure reporting is a critical
component in providing performance reporting to the Board and staff.
LEGAL IMPACT:
None.
Attachments: Attachment A – Committee Action Report
Attachment B – PowerPoint Presentation
ATTACHMENT A
SUBJECT/PROJECT: FY13 MID-YEAR STRATEGIC PLAN AND PERFORMANCE MEASURES
REPORT
COMMITTEE ACTION:
The Finance, Administration and Communications Committee and the
Engineering, Operations and Water Resources Committee met on March 20,
2013, to review this item. Based upon this discussion, the Committees
recommend that the Board receive that attached information.
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.
FY 2013 – Mid Year Report
(Halfway There!)
ATTACHMENT B
FY2013 Objectives – 2nd Quarter
25 of 29 objectives complete, ahead or on target (86%) Target is 90%
FY2013 2nd Quarter Performance
Measures
30 of 41 performance measures complete, ahead or on target (73%)
Target is 75%
Measured Once per Year at Year
End
Measure 1.2.101, Blanket Order Activity, aims to be above all set targets in order to
have no less than 15% of material purchases acquired via blanket POs per quarter
in a single year.
Blanket Order Activity 1.2.101
Pe
r
c
e
n
t
a
g
e
Total Customer Water Saved 1.3.102
Measure 1.3.102, Total Water Saved, aims to be above all set targets in order to
save more than 100 acre feet of water in a single year.
Ac
r
e
F
e
e
t
Measure 1.1.100, Customer Satisfaction, is a once yearly survey that is reported on
annually in the third quarter and represents the results for the given fiscal year.
Customer Satisfaction 1.1.100 Measured Once per Fiscal Year
Pe
r
c
e
n
t
a
g
e
Measure 1.3.103, Otay Water Use, aims to be below 172 Gallons Per Day.
Gallons Per Capita per Day
1.3.103
Ac
r
e
F
e
e
t
Health & Safety Severity Rate (QualServe) 1.4.104
Measure 1.4.104, H & S Severity Rate, aims to be below all set targets in order to
have no more than 30% severity rate per quarter in a single year.
Pe
r
c
e
n
t
a
g
e
Measure 1.4.105, Turnover Rate, aims to be below all set targets in order to have
less than 5% turnover in a single year.
Pe
r
c
e
n
t
a
g
e
Employee Turnover Rate 1.4.105
Measure 1.4.106, Training Hours per Employee, aims to be above all set targets in
order to have more than 12 hours of training per employee in a single year.
Training Hours per Employee 1.4.106
Ho
u
r
s
Measure 2.2.200, CIP Project Expenditure vs. Budget, aims to be below all set
targets in order to keep expenditures below 100% of the budgeted amount for a
single year. Note: Annual result aims to be between 95-100% but is not to exceed
100%. Being significantly below target also gives the measure a “not on target”
status.
CIP Project Expenditure vs. Budget 2.2.200
Pe
r
c
e
n
t
a
g
e
Measure 1.4.107, Safety Training Program, aims to be above all set targets in order
to have no less than 8 hours of training per field employee per quarter in a single
year.
Safety Training Program 1.4.107
Ho
u
r
s
Measure 2.2.201, Construction Change Order Incidence, aims to be below all set
targets in order to have no more than 2 % in one year.
% rate of change orders in a single year.
Construction Change Order Incidence (without allowances) 2.2.201
Pe
r
c
e
n
t
a
g
e
Measure 2.3.202, Mark Out Accuracy, aims to have no less than 100% mark out
accuracy every quarter in a single year.
Mark Out Accuracy 2.3.202
Pe
r
c
e
n
t
a
g
e
Measure 2.3.203, Project Closeout Time, aims to be below all set targets in order to
have an average closeout time of no more than 45 days per quarter in a single year.
Note: No projects closed out in the 1st, quarter.
Project Closeout Time 2.3.203
Da
y
s
Answer Rate 3.1.300
Measure 3.1.300, Answer Rate, aims to be above all set targets in order to have an
average answer rate of no less than 97% .
Pe
r
c
e
n
t
a
g
e
Measure 3.2.301, O & M Cost per Account, aims to be below all set targets in order
to keep O & M cost per account less than $510.40 in a single year.
O & M Cost per Account (QualServe) 3.2.301
Do
l
l
a
r
s
Measure 3.2.302, Billing Accuracy, aims to be above all set targets in order to have
no less than 99.8% billing accuracy per quarter in a single year.
Billing Accuracy (QualServe) 3.2.302
Pe
r
c
e
n
t
a
g
e
Measure 3.2.303, Overtime Percentage, aims to be below all set targets in order to
keep expenditures below the budgeted amount for a single year.
Overtime Percentage 3.2.303
Pe
r
c
e
n
t
a
g
e
Measure 3.2.304, Sewer Rate Ranking, is a once yearly survey that is reported on
annually in the first quarter and represents the results for the given fiscal year. The
District’s goal was to be in the top 50.
Sewer Rate Ranking 3.2.304 Measured Once per Fiscal Year
Pe
r
c
e
n
t
a
g
e
Measure 3.2.305, Water Rate Ranking, is a once yearly survey that is reported on
annually in the first quarter and represents the results for the given fiscal year. The
District’s goal was to be in the top 50.
Water Rate Ranking 3.2.305 Measured Once per Fiscal Year
Pe
r
c
e
n
t
a
g
e
Measure 3.2.306, Debt Coverage Ratio, aims to be above all set targets in order to
have sufficient debt coverage.
*The calculation is a year-to-date calculation, so Qtr Result = YTD Result.
Debt Coverage Ratio (QualServe) – YTD
3.2.306
Pe
r
c
e
n
t
a
g
e
Annual Measure
Calculated in 4th Quarter
Reserve Level 3.2.307
Measure 3.2.307, Reserve Level, aims to be no less than 100%. It is measured
annually.
Pe
r
c
e
n
t
a
g
e
In Development
Annual Measure
Calculated in 4th Quarter
Measure 3.3.309, Distribution System Loss, aims to be below all set targets in order
to ensure less than 4.5% of unaccounted water in a single year.
*The calculation is a year-to-date calculation, so Qtr Result = YTD Result.
Distribution System Loss (QualServe) 3.3.308
Pe
r
c
e
n
t
a
g
e
Customer Satisfaction with Website 4.1.400
Measure 4.1.400, Customer Satisfaction with Website, is a once yearly survey that
is reported on annually in the second quarter and represents the results for the
given fiscal year.
Measured Once per Fiscal Year
Pe
r
c
e
n
t
a
g
e
Measure 4.3.401, Network Availability, aims to be above all set targets in order to
have an average of no less than 99.2% network availability per quarter in a single
year.
Network Availability 4.3.401
Pe
r
c
e
n
t
a
g
e
Website Hits 4.4.402
Measure 4.4.402, Website Hits, aims to be above all set targets in order to have an
average of no less than 12,100 website hits per quarter in a single year.
Nu
m
b
e
r
o
f
H
i
t
s
Measure 5.1.500, Unplanned Disruptions, aims to be below all set targets in order
to have no more than .7 disruptions per 1000 accounts in a single year.
Note: Target is expressed as number of disruptions per 1000 accounts
Unplanned Disruptions (QualServe) 5.1.500
Di
s
r
u
p
t
i
o
n
s
p
e
r
1
0
0
0
A
c
c
o
u
n
t
s
Measure 5.1.501, Technical Quality Complaint, aims to be below all set targets in
order to have no more than 9 complaints per 1000 customer accounts in a single
year.
Technical Quality Complaint (QualServe) 5.1.501
Co
m
p
l
a
i
n
t
s
p
e
r
1
0
0
0
A
c
c
o
u
n
t
s
Measure 5.2.502, Planned Drinking Water Maintenance Ratio in $, aims to be
above all set targets in order to have no less than 66% of all labor dollars spent on
preventative maintenance per quarter in a single year.
Note: Quarterly results are subject to change.
Planned Potable Water Maintenance Ratio in $ (QualServe) 5.2.502
Pe
r
c
e
n
t
a
g
e
Measure 5.2.503, Planned Recycled Water Maintenance Ratio in $, aims to be
above all set targets in order to have no less than 70% of all labor dollars spent on
preventative maintenance per quarter in a single year.
Note: Quarterly results are subject to change.
Planned Recycled Water Maintenance Ratio in $ 5.2.503
Pe
r
c
e
n
t
a
g
e
Measure 5.2.504, Planned Wastewater Maintenance Ratio in $, aims to be above all
set targets in order to have no less than 77% of all labor dollars spent on
preventative maintenance per quarter in a single year.
Note: Quarterly results are subject to change.
Planned Wastewater Maintenance Ratio in $ (QualServe) 5.2.504
Pe
r
c
e
n
t
a
g
e
Measure 5.2.505, Direct Cost of Treatment per MGD, aims to be below all set
targets in order to have no more than $1000 per MG spent on wastewater treatment
per quarter in a single year.
Direct Cost of Treatment per MGD (QualServe) 5.2.505
Do
l
l
a
r
s
Measure 5.2.506, O & M Cost per MGP - wastewater, aims to be below all set
targets in order to have no more than $1750 per MG spent on O & M for
wastewater treatment per quarter in a single year.
O & M Cost per MGP - wastewater (QualServe) 5.2.506
Do
l
l
a
r
s
Measure 5.3.507, % PMs Completed – Fleet Shop, aims to be above all set targets
in order to have no less than 90% of the scheduled PMs completed per quarter in a
single year.
% PMs Completed – Fleet Shop 5.3.507
Pe
r
c
e
n
t
a
g
e
Measure 5.3.508, % PMs Completed – Reclamation Plant, aims to be above all set
targets in order to have no less than 90% of the scheduled PMs completed per
quarter in a single year.
% PMs Completed – Reclamation Plant 5.3.508
Pe
r
c
e
n
t
a
g
e
Measure 5.3.509, % PMs Completed – Pump/Electric Section, aims to be above all
set targets in order to have no less than 90% of the scheduled PMs completed per
quarter in a single year.
% PMs Completed – Pump/Electric Section 5.3.509
Pe
r
c
e
n
t
a
g
e
Measure 5.3.510, % PMs Completed – Valve Maintenance Program, aims to be
above all set targets in order to have no less than 90% of the scheduled PMs
completed per quarter in a single year.
% PMs Completed – Valve Maintenance Program 5.3.510
Pe
r
c
e
n
t
a
g
e
Measure 5.3.511,Valve Exercising Program, aims to be above all set targets in order
to have no less than 2400 valves exercised in a single year.
Valve Exercising Program 5.3.511
Nu
m
b
e
r
o
f
V
a
l
v
e
s
Measure 5.3.512, Water Distribution System Integrity, aims to be below all set
targets in order to have no more than 16 leaks and breaks per 100 miles of
distribution piping in a single year.
Water Distribution System Integrity (QualServe) 5.3.512
Le
a
k
s
o
r
B
r
e
a
k
s
p
e
r
1
0
0
M
i
l
e
s
Measure 5.3.513, Planned Water Service Disruption Rate, aims to be below all set
targets in order to have no more than 2.5 planned outages per 1000 accounts per
quarter in a single year.
Note: This measure is expressed as number of accounts affected per 1000
accounts.
Planned Water Service Disruption Rate (QualServe) 5.3.513
Di
s
r
u
p
t
i
o
n
s
p
e
r
1
0
0
0
A
c
c
o
u
n
t
s
Measure 5.3.514, Drinking Water Compliance Rate, aims to be no less than 100%
every quarter in order to ensure the District meets all of the health related drinking
water standards everyday for a single year.
Potable Water Compliance Rate (QualServe) 5.3.514
Pe
r
c
e
n
t
a
g
e
Measure 5.3.515, Collection System Integrity, aims to be below all set targets in
order to have no more than 3.5 wastewater collection system failures per 100 miles
of collection system pipeline in a single year.
Collection System Integrity (QualServe) 5.3.515
Fa
i
l
u
r
e
s
p
e
r
1
0
0
M
i
l
e
s
Measure 5.3.516, Replace Manual Read Meters with Automated Meters, aims to be
above all set targets in order to have no less than 4500 meters replaced in a single
year.
Replace Manual Read Meters with Automated Meters 5.3.516
Nu
m
b
e
r
o
f
M
e
t
e
r
s
Measure 5.3.518, Sewer Overflow Rate, aims to have no overflows in a single year.
Sewer Overflow Rate (QualServe) 5.3.518
Ov
e
r
f
l
o
w
s
p
e
r
1
0
0
M
i
l
e
s
No Spills Please !
Measure 5.3.517, Recycled Water System Integrity, aims to be below all set targets
in order to have no more than 6.6 leaks or breaks per 100 miles of recycled
distribution system in a single year.
Recycled Water System Integrity 5.3.517
Le
a
k
s
o
r
B
r
e
a
k
s
p
e
r
1
0
0
M
i
l
e
s
Board Update of FY 2014 Modifications
FY 2015 – 2017 Strategic Plan