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Home My WebLink About10-18-10 EO&WR Committee PacketOTAY WATER DISTRICT ENGII\IEERING,OPERATIONS &WATER RESOURCES COMMITTEE MEETING and SPECIAL MEETING OF THE BOARD OF DIRECTORS 2554 SWEETWATER SPRINGS BOULEVARD SPRING VALLEY,CALIFORNIA Board Room MONDAY October 18,2010 11:30 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 PROFESSIONAL SERVICES CONTRACT TO LEE &RO,INC.FOR THE I\JORTH DISTRICT AND SOUTH DISTRICT INTERCONNECTION SYSTEM PROJECT IN AN AMOUNT NOT-TO-EXCEED $2,769,119 (SILVERMAN)[5 minutes] 4.AUTHORIZE THE DISTRICT TO BECOME A MEMBER OF THE CALIFORNIA WATER/WASTEWATER AGENCY RESPONSE NETWORK (ANDERSON)[5 minutes] 5.APPROVE THE EXERCISE OF THE FIRST YEAR OPTION OF THE AGREEMENT WITH PACIFIC METER SERVICES,INC.FOR THE RETROFIT OF MANUAL READ WATER METERS TO AUTOMATED READ METERS (AMR)AND AUTHORIZE THE GENERAL MANAGER TO APPROVE SUBSEQUENT OPTION YEARS TWO THROUGH FOUR AT HIS DESCRETIOI\J (ANDERSON)[5 minutes] 6.AWARD A PROFESSIONAL ENGINEERING SERVICES CONTRACT FOR RECYCLED WATER PLAN CHECKING,RETROFIT,AND INSPECTION SERVICES FOR DEVELOPER PROJECTS (CHARLES)[5 minutes] 7.SAN DIEGO COUNTY WATER AUTHORITY UPDATE (WATTON)[10 minutes] 8.ADJOURI\IMENT BOARD MEMBERS ATTENDING: Jose Lopez,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 October 15,2010 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 October 15,2010. 2 AGENDA ITEM 3 STAFF REPORT TYPE MEETING: SUBMITTED BY: Regular Board Gary Si 1verman if{! Senior Civil Engineer MEETING DATE: PROJECT/ SUBPROJECT: November 3,2010 P2511-DIV. 001102 NO. 3,4 APPROVED BY: (Chief) APPROVED BY: (Asst.GM): SUBJECT: Ron Ripperger ~ Engineering Manager Rod posad~ Chief,Engineering Manny Magafia~, Assistant General Manager,Engineering and Operations Award of a Professional Engineering Services Contract for the North District and South District Interconnection System Project to Lee &Ro,Inc. GENERAL MANAGER'S RECOMMENDATION: That the Otay Water District (District)Board of Directors (Board) awards a professional services contract to Lee &Ro,Inc.and authorizes the General Manager to execute an agreement with Lee &Ro, Inc.for the North District and South District Interconnection System Project in an amount not to exceed $2,769,119 (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 professional engineering services contract with Lee &Ro,Inc.for the North District and South District Interconnection System Project in an amount not to exceed $2,769,119. ANALYSIS: The North District-and South District Interconnection System Project (Project)consists of a transmission main and pumping station between the La Presa area of Spring Valley and the Eastlake area in the City of Chula Vista.The Project's primary objective is to provide the capability of conveying potable water from the North._District to the South District (and vice versa)via a transmission main and a 10,000 gpm booster pump station.Additional facilities may be included to provide the capability to receive an alternative source of water via the Sweetwater Authority's system in the future. Currently,the District does not have the infrastructure to convey potable water between the North District and the South District;they are served by the supply from five connections to the San Diego County Water Authority (CWA).The North District is supplied by Flow Control Facility (FCF)No.11 located on CWA's Pipeline 4 and,with the completion of the 36-Inch Pipeline in Jamacha Road this fall,it will also be supplied by FCF No.14 located in El Cajon.The South District is supplied by FCF Nos.10,12 and 13,which are all located along CWA's Pipeline 4.This Project will provide the capability to convey potable water to the North and South service areas during normal operations,during CWA shutdowns on Pipeline 4 or the FCFs,or during emergency conditions.It will improve the reliability to supply potable water from any FCF to any customer within the District.Combined with existing storage infrastructure,this Project will provide the necessary redundancy in the event of an emergency.In addition,this Project will replace the Proctor Valley Road Interconnection Pipelines and the 40 million gallon 624-4 Reservoir,all key projects in the District's Water Resources Master Plan.The replacement of these projects has the potential to save the District over $10,000,000. The District requires a consulting firm to provide a range of professional services,including engineering,environmental,public outreach,surveying,and real estate appraisal for the design of the Project.Proposals were initially solicited in April 2010,and a selection process was conducted according to Board Policy No.21. However,due to concerns with the selection process,at the July 28,2010 meeting,the Engineering &Operations Committee rejected staff's recommendation to send the award of a contract to MWH Americas,Inc.to the full Board.Rather,the Committee directed staff to revise the internal process for selection of consultants to address minor inconsistencies and to re-advertise the Request for Proposal (RFP). The District reinitiated the selection process on August 23,2010,by placing advertisements in the San Diego Union Tribune and the San Diego Daily Transcript,and posting the project on the District's website for Professional Engineering Services.A Pre-Proposal Meeting was held Qn September 2,2010.Twenty-four people from various consulting firms attended the meeting.Fifteen firms 2 submitted a Letter of Interest (LOI)and a Statement of Qualifications.To maximize the potential number of._responses,the RFP was sent to all of the firms that submitted Letters of Interest for the first solicitation in April,which was inclusive of the firms that either submitted a LOI or attended the Pre-Proposal Meeting for the second solicitation. Proposals were received on September 14,2010,from the following four consulting firms: 1.MWH Americas,Inc. 2.Lee &Ro,Inc. 3.URS Corporation 4.Carollo Engineers These four firms were four of the five firms that responded to our first solicitation.Among the potential lead engineering firms that were invited but did not propose were RBF,CDM,Psomas,Tetra Tech, Urban Logic,Jacobs,Malcom Pirnie,PBS&J,AECOM,Kennedy/Jenks, Kimley-Horn,CH2M Hill,and HDR. Due to the high quality of the proposals received,the District elected to interview all four consultants.The proposals and interviews were evaluated by a selection panel comprised of five District staff members.After conducting the interviews on September 29,2010,the panel completed the consultant ranking process and concluded that Lee &Ro,Inc.was the most qualified consultant and provided the best overall value to the District.A summary of the complete evaluation is shown in Exhibit B. Fee negotiations with Lee &Ro,Inc.concluded on October 1,2010, and resulted in a net reduction of $5,012 to their original proposed fee of $2,774,131.Their revised proposed fee,with reduction,is $2,769,119. FISCAL IMPACT: The total budget for CIP P2511,as approved in the FY 2011 budget,is $37,300,000.Total expenditures,plus outstanding commitments and forecast,is $2,835,012.See Attachment B for budget detail. Based on a review of the financial budgets,the Project Manager has determined that the budget is sufficient to support the project. rhe Finance Department has determined that 40%of the funding is available from th~Expansion Fund and 60%of the funding is available from the Betterment Fund. 3 STRATEGIC GOAL: This project supports the District's Mission statement,"To provide the best quality of water and wastewater services to the customers of Otay Water District,in a professional,effective,and efficient manner.II This project fulfills the District's Strategic Goals No.1 -Community and Governance,and No.5 -Potable Water,by maintaining proactive and productive relationships with the project stakeholders and by guaranteeing that the District will provide for current and future water needs. LEGAL IMPACT: None. P:\WORKING\CIP P2511-North-South District Intertie\Staff Reports\Civil Consultant\Lee &Ro\BD-ll-03-10,Award Engineering Contract to Lee & Ro.doc GS/RR:j f Attachments:Attachment A -Committee Action Attachment B -Budget Detail Exhibit A -Location Map Exhibit B -Evaluation Summary 4 ATTACHMENT A .""," ,l•••••••••••••••••••••••••••w"•••••••••••••.1 . r···SUB·JECTlPR·OJECT:·..·l··A;a·~2i···;f a Profes"si'~n;;;j Eng~L"n·e·e~i~g···s·er:;;i"c·e·s C;nt'~ac"t""for·········\ I the North District and South District Interconnection P2511-001102 ISystem Proj ect to Lee &Ro,Inc. I.. COMMITTEE ACTION: The Engineering,Operations,and Water Resources Committee reviewed this item at a meeting held on October 18,2010.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 --Sl~~~~El~T!~~~~~T:·r~~:;:~~~~:~~-~~~·f~~i"~~~ls~~~~n~~-~~~¥~~~~~~~~~·~:~-~~-~~-·fo~--- I System Project to Lee &Ro ,Inc . ......___._._.__J._.__.___.__...__._.___...____.._.__.__.._..__.___...___._..._____.._...._____.._ alay WaterDlslJ1ct P2511 -North District-South District IntefCOl1nectJon System Date Updated:October4.2010 P~nnl!'.!J Labor Printing BUdgeJ Cammllted 31,300,000 55,670 ExpendifrJms 55.670 Outstsnding Commitment & Forecast ProJsctedFlnsl C(J$t 55,670 Vendor/Comments Professional Legal Fees Other Legal Expenses Regulatory Agency Fees Consultant Contracts Service Contracts Total planning Design Labor In House/Labor (future) Regulatory Agency Fees Other Agency Fees 562 6,106 2,769.119 2,831,457 3,130 562 6.106 62,338 3,130 ......-.-~..2.769,119 2,769,119 562 6,106 2,769,119 2,831,457 3,130 GARCIACALDERON &RUIZ LLP CPM PARTNERS INC LEE &RO INC Consultant Contracts---_._._--------- Service Contracts Total Design Construction Labor Regulatory Agency Fees 98 327 3.555 98 327 3,555 98 SAN DiEGO DAii..YTRANSCRipT 327 SAN DIEGO UNION·TRIBUNELLC 3.555 Consultant Contra::.:c:::ts:.,+--!-_-I--l- -l-I Construction Contracts Service Contracts._._----_..._-_.._._... AccpUclose..out Total Construction Grand Total 2,835,012 65,893 2,769,119 2,835.012 CIP #P2511 OTAY WATER DISTRICT , NORTH I SOUTH DISTRICT INTERCONNECTION SYSTEM PROPOSED PUMP STATION AND PIPELINE ALIGNMENT Proposed Pump Station Proposed Pipeline Alignment ~OWD Boundary Division 1 Division 2 Division 3 Division 4 Division 5 Legend"\:!E :S:;; Co~i!!"~l!l:;;~i'li!~~e~.: 13~is ~~t---------..---....... !:;; ~ 11.Q (9zi2oc~11......• EXHIBIT A EXHIBIT B SUMMARY OF PROPOSAL RANKINGS P2511 North/South District Interconnection Project WRITTEN ORAL Qualifications of Team Responsiveness, Project Understanding Technical and Managemenl Approach INDIVIDUAL SUBTOTAL· WRITTEN AVERAGE SUBTOTAl- WRITTEN Proposed Fee' Consultant's Commitment to DBE AVERAGE TOTAL Additional Creativity Strength of Project WRITTEN and Insight Manager Presentation, Communication Skills Qualityof Response to Questions INDIVIDUAL TOTAl·ORAl AVERAGE TOTAL ORAL TOTAL SCORE REFERENCES MAXIMUM POINTS 150 PoorlGoodl302530858515YIN100151510105050Excellent Bob Kennedy 23 18 22 63 11 11 7 6 35--"---._...._~-.--...-.-~..~.-.---.,--.._---Ron Ripperger 24 20 24 68 11 12 8 7 38--._......_--_."_._--.._._---_......._._._---'"--._._._._-..-_..__.,...--_.,,-_._--114CarolloPedroPorras221520576515Y801012773634_.-~~.._---.__.....--'--_._.--_."'-'--"'"----'-,--David Charles 24 20 21 65 10 9 6 5 30--.-_.---.._----.--_._--..........,.•..---'.-"-..._-_..-.._-.._-_.---'--KevIn Cameron 26 21 23 70 10 11 6 6 33 Bob Kennedy 27 23 28 78 14 14 9 8 45-"..._.....__.....-...-....-----.--'Ron Ripperger 25 23 28 76 13 13 9 9 44 Lee &Ro ..-_.-..._..__..I-._-_._._--44 128PedroPorras16222563759Y8414149946 Excellent--.--,- David Charles 28 24 27 79 13 13 8 8 42 -"-...--Kevin Cameron 28 23 27 78 13 14 9 9 45 Bob Kennedy 28 21 25 74 10 12 7 9 38......--_."Ron Ripperger 24 23 26 73 13 13 8 8 42 MWH .._...-..._.._.1-.-.._.._-----._'.-----41 117PedroPorras25202570751y761313g944...._...-...--...__. "-_._-.----David Charles 28 24 25 77 12 13 8 7 40-._._---_..---Kevin Cameron 29 24 28 81 12 14 9 8 43 Bob Kennedy 22 20 26 68 13 12 8 7 40-...._._---..----'.Ron Ripperger 25 22 27 74 12 13 8 8 41.-I·-_...-_..-..._.._-.__._..-~.-._.............URS Pedro Porras 18 22 25 65 71 9 y 80 14 10 7 7 38 39 119'-"'-'"---.--..-'._._..~-----._.._-_.~----.------_.__._..._..._--_.._._._-----_.-~----"DavidCharles 25 24 27 76 12 11 7 7 37._.-._.----,--'-'---_..-.------...__._-- Kevin Cameron 26 20 27 73 11 13 8 7 39 Review Panel does nol see or consider fee when scoring other categories.Fee IS scored by the PM,who Is noton Review Panel. FEE SCORING CHART Consultant Proposed Fee Position Score Carollo $2,700.000 lowest 15 URS $2,773,929 9 lee &Ro $2,774,131 9 MWH $2.861,401 highest 1 P:IWORKINGICIP P2511-North-SouthDistrict IntertielStaH ReportslClvii Consultantllee &RolExhibil B Summary of Proposal Ranklngs .Fee and Interview Quality Assurance Approval Sheet Subject:Award of a Professional engineering Services Contract for the North District and South District Interconnection System Project to Lee &Ro,Inc. Project No.:P2511-001102 Document Description:Staff Report for the November 3,2010 Board Meeting Author: QA Reviewer: Manager: s~ Printed Name ~~-Signature Printed Name Date /01 :l-/)() Date Date The above signatures attest that the attached document has been reviewed and to the best of their ability the signers verify that it meets the District quality standard by clearly and concisely conveying the intended information; being grammatically correct and free of formatting and typographical errors;accurately presenting calculated values and numerical references;and being internally consistent,legible and uniform in its presentation style. AGENDA ITEM 4 STAFF REPORT TYPE MEETING:Regular Board SUBMITIED BY:Frank Anderson,Utility Services Manager f:A.r MEETING DATE: WO.lG.F.NO: November 3,2010 DIV.NO.All APPROVED BY: (Chief) APPROVED BY: (Asst.GM): SUBJECT: Pedro Porras, Chief,Water Operations ~ Manny Magafia,~~~~ Assistant General ~1.ager,Engineering &Operations Board Approval for the District to Join the California Water/Wastewater Agency Reponse Network (CalWARN). GENERAL MANAGER'S RECOMMENDATION: That the (Board) agreement Network. Otay Water District (District)Board of authorizes the General Manager to enter with California Water/Wastewater Agency Directors into an Response COMMITTEE ACTION: Please see Attachment "A". PURPOSE: To obtain Board authorization for the General Manager to enter into an agreement with the California Water/Wastewater Agency Response Network. ANALYSIS: The California Water/Wastewater Agency Response Network is the establishment of water agency mutual assistance agreement between water agencies that is supported by the California Office of Emergency Services (OES),the Department of Public Health (DPH)and the California utilities Emergency Association (CUEA). The CalWARN agreement is also consistent with the State OES Standardized Emergency Management System (SEMS)program in that it provides mutual assistance as required by Fect:eral Emergency Management Agency (FEMA)for using assistance in times of emergency.This agreement also is in accord with the California Emergency Services Act set forth in Title 2,Division 1,Chapter 7 (Section 8550 et seq)of the Government Code and specifically with Articles 14 and 17 (Section 8630 et seq)of the Act and the California Disaster and Civil Defense Master Mutual Aid Agreement. Assistance under this agreement is organized and functions under the Standard Emergency Management System (SEMS)and National Incident Management System (NIMS)protocols and procedures.It also provides a means of reimbursement for equipment,supplies and personnel made available on an emergency basis. The benefits of membership following potential mutual CalWARN group; in aid CalWARN-Region support from 6 the include the 37 agency 1.Labor,equipment and supplies assistance and support for operational repair and recovery of utility infrastructure. 2.Due to the larger group of participants,these resources could increase response capabilities and reduce completion time of any emergency repair of infrastructure. 3.Adherence to FEMA protocol for using assistance in times of emergency.This would enhance any opportunity for cost recovery from FEMA. This agreement is similar to Otay's membership in the Interagency Shared Services Program that includes Helix Water District,Lakeside Water District,Padre Dam Municipal Water District and Sweetwater Authority Water District,but allows the added benefit of more interagency resources due to the increased amount of participating Water Districts.A list of the 37 participants from Region 6 is attached (Attachment B). An example of the benefit of the CalWARN mutual aid was Sunday, April 4th,2010 when a 7.2 magnitude earthquake hit Baja, Cali fornia which in turn caused substantial damage to adj acent towns that included Calexico.Damage in Calexico included water treatment and storage facilities which limited their ability to supply drinking water to their citizens.Numerous member agencies of CalWARN responded and offered assistance to support the repair of their utility infrastructures.Although not a member of CaIWARN,Otay Water District was notified to participate and in return responded to offer labor,equipment and supplies if needed. 2 Joining CalWARN (Attachment C), (Attachment D), (Attachment E). consists of reviewing the Articles of Agreement filling out and signing the .-§lignature page and filling out the Emergency Contact Form - CalWARN member regional meetings are held annually and typically convene at a local Water Agency or at a regional conference. FISCAL IMPACT~ Membership to CalWARN does not require annual fees. STRATEGIC GOAL: Strategy:Improve Efficiency of Business Process. Goal:Optimize Disaster Preparedness. LEGAL IMPACT: None. Jk---"n<-a..;::g'--e-r--'--------- Attachment "A",Committee Action Attachment "B"CalWARN Region 6 Participants Attachment "C"CalWARN Articles of Agreement Attachment "D"CalWARN Signature Page Attachment "E"CalWARN Emergency Contact Form 3 ATTACHMENT A Board Approval for the District to Join CalWARN SUBJECT/PROJECT:Water/Wastewater Agency Mutual Aid Response Network COMMITTEE ACTION: The Engineering/Operations and Water Resources Committee reviewed this item at a meeting held on October 20,2010.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. CalWARN -California Water/Wastewater Agency Response Network I-fo -CO J'.,'',rnl;o Waten'INaslewattJt ,Agency R'f:lspoose t-ll'lMrork Water Sedor Mutual A~d ~-_._--_._._.-.-- Attachment B Page 1 of5 Home About CalWARN About Water Safety News &Events Resource Center CalWARN Newsletter CalWARN Members HowTo Join WARN Members'Gateway Southern OfS Region VI Bighorn Desert View Water Agency 622 South Jemez Trail Yucca Valley,CA 92284 Marina West Telephone No.760-364-2315 Email-bdvwa2@mindsprinq.com Borrego Water District 806 Palm Canyon Drive,P.O.Box 1870 Borrego Springs,CA 92004-1870 Jerry Rolwing Telephone No.760-767-5806 ,'"Email-jerry@borregowd.org Cabazon County Water District 50-256 Main Street,P.O.Box 297 Cabazon,CA 92230 Rick Hall Telephone No.909-849-4442 Email -Cabco@pe.net CaleXico,City of California American Water Co.Coronado District 1019Cherry Ave. Imperial Beach,CA 91933 Todd Brown Telephone No.619-575-1106 Coachella Valley Water District 85-995 Ave.52,mail to P.O Box 1058 Coachella,CA 92236 Steve Robbins Telephone No.760)398-2651 Email -srobbins@cvwd.org Corona,City of Dept of Water and Power 755 Corperate Yard Way Corona,CA 92880 Tom Moody Telephone No.951-279-3660 Email-Tom.Moody@ci.corona.ca.lJs Cucamonga County Water District 10440 Ashford Street Rancho Cucamonga,CA91730 S""twa:. C\)"t,~ CalWARN -California Water/Wastewater Agency Response Network Paul Rugge Telephone No.909-987-2591 Email-paur@ccwdwater.com East Valley Water District 3654 E.Highland Avenue,Suite 18 Highland,CA 92346 Gary Sturdivan Telephone No.909-806-4087 Email-gsturdivan@eastvalley.org Eastern Municipal Water District 2270 Trumble Road *P.O.Box 8300 Perris,CA 92572-8300 Doug Hefley Telephone No.951-928-3777 Email-hefleyd@emwd.org Elsinore Valley MWD 31315 Chaney Street Lake Elsinore,CA 92530 Angel Marquez Telephone No.951-674-3146 Email-amarguez@evmwd.net Havasu Water Company Near Havasu Landing Havasu Lake,CA 92363 Mary Hodges Telephone No.949-498-2280 Email-rmbiz@home.com Helix Water District 7811 University Avenue La Mesa,D\91942 Mark Weston Telephone No.619-667-6200 Email-mark.weston@helixwater.org Inland Empire Utilities Agency 6075 Kimball Avenue Chino,CA91708 Jack Frazier Telephone No.909/993-1776 Email-jfrazier@ieua.org Joshua Basin Water District 61750 Chollita Road,P.O.Box 675 Joshua Tree,CA 92252 Joe Guzzetta Telephone No.760-366-2042 Email-joeg@jbwd.com Lake Hemet Municipal Water District 26385 FaiNiewAve. Hemet,Ca 92544 Thomas Wagoner Telephone No.951.658.3241 Page 20f5 CalWARN ~California Water/Wastewater Agency Response Network Email ~TWagoner@ltllnwd.org Otay Water District Padre Dam Municipal Water District 10887 Woodside Ave. Santee,CA92071 Diana Levin Telephone No.619-258-4678 Email -dlevin@padre.org Phelan Pinon Hills Community Services District 4037 Phelan Rd.,Suite G-1 Phelan,CA 92371 George Cardenas TelephoneNo.760.868.1212 Email-GCardenas@pphcsd.org Rainbow Water District 3707 Old Highway 395 Fallbrook,CA 92028 JeffStacy Telephone No.760-728-1178 Email-jstacy@rainbowInwd.com Ramona Water District 105 Earlham St Ramona,CA.92065 Rancho California Water District 42135 Winchester Road Temecula,CA 92590 Tommy Wolter Telephone No.951-296-6953 Email-wolterl@ranchowater.com Redlands MUD,City of P.O.Box 1420 Redlands,CA 95373 Mike Taylor Telephone No.909-798-7527 Email-mtaylor@cityofredlands.orq Rincon Del Diablo MWD 1920 North Iris Lane Escondido,CA 92026 Mitch Dion Telephone No.760-745-5522 Email-mdion@rinconwater.org Riverside Highland Water Company 1450 Washington St Colton,CA92324 Page 3 of 5 CalWARN -California Water/Wastewater Agency Response Network Eugene P.Mc Means Telephone No.909-825-4128 Riverside,City of 2911 Adams Street Riverside,CA 92504 Peter /Carlos Diaz /Castro Telephone No.909-351-6339 Email-Pdiaz@cLriverside.ca.us or Ccastro@cLriverside.ca.us San Bernardino Municipal Water Department,City of 300 North San Bernardino,CA 92418 Frank Salazar Telephone No.909-384-5576 Email-salazar fr@sbcitywater.org San Bernardino Valley MWD 1350 South E Street San Bernardino,CA 92408 On Call Technician Telephone No.909-387-9200 San Diego County Water Authority 4677 Overland Avenue San Diego,CA 92123 Lisa Prus Telephone No.760-233-3252 Email-Iprus@sdcwa.org San Dieguito Santa Ana Watershed Project Authority Sweetwater Water District Vallecitos Water District 201 Vallecitos Del Oro San Marcos,CA 92069 Dennis Lamb Telephone No.760-744-0460 Email-dlamb@vwd.org Victor Valley Wastewater Reclamation Authority 20111 Shay Road Victorville,CA 92394 Page 4 of 5 CalWARN -California Water/Wastewater Agency Response Network Daniel Gallagher Telephone No.760 246-8638 Email-dan@vvwra.com Victor Valley Water District Victorville Water District 17185 Yuma St Victorville,Ca 92392 Reggie Lamson Telephone No.760-955-2557 Email-rlamson@ci.victorville.ca.us Vista Irrigation District 1391 Engineer St Vista,CA 92081 Dan Dambach Telephone No.760-597-3112 Email-ddambach@vid-h20.org West Valley Water District 855 West Baseline Rialto,CA92377 Tom Crowley Email -Icrowley@wvwd.org Western MWD of Riverside County Yucaipa Valley Water District 12770 Second Street Yucaipa,CA 92399 John Hull Telephone No.909-322-3932 Email-jhulI@yvwd.dSl.ca.lls Yuima Municipal Water District P.O.Box 177 Pauma Valley,CA92061 Todd Engstrand Telephone No.760-742-3704 California WaterlWastewater Agency Response Network Site Map ITerms and Conditions IContact Us Page 5 of 5 Attachment C 1 Articles of Agreement 2 California WaterlWastewater Agency Response Network 3 WARN 2007 Omnibus Mutual Assistance Agreement 4 5 This AGREEMENT is made and entered into by those water and wastewater utilities which have 6 adopted and signed this agreement to provide mutual assistance in timesof emergency in 7 accordance with the California Emergency Services Act and the California Disaster and Civil 8 Defense Master Mutual Aid Agreement;and to provide reimbursement for equipment,supplies 9 and personnel made available on an emergency basis. 10 11 All of said water and wastewater utilities being herein referred to collectively as "the parties." 12 13 In consideration of the mutual covenants and agree ments hereinafter set forth,the parties agree 14 to provide mutual assistance to one another in times of emergency as follows: 15 16 17 ARTICLE I. 18 PURPOSE 19 20 Recognizing that emergencies may require assistance in the form of personnel,equ ipment,and 21 supplies from outside the area of impact,the signatory utilities hereby establish an Intrastate 22 Program for Mutual Aid and Assistance.Through the Mutual Aid and Assistance Program, 23 Members coordinate response acti vities and share resources during em ergencies.This 24 Agreement sets forth the procedures and standards for the administration of the Intrastate 25 Mutual Aid and Assistance Program and is available to all water and wastewater utilities,public 26 and private,in the State of California. 27 28 29 ARTICLE II. 30 DEFINITIONS 31 32 A.Authorized Official-An employee or officer of a Member who is authorized to:(1)request 33 assistance;(2)offer assistance;(3)refuse to offer assistance or (4)withdraw assistance 34 under this. 35 36 B.Emergency -A natural or human caused event or circumstance causing,or im minently 37 threatening to cause im pact to the operations of a member utility's system,loss of life,injury 38 to person or property,human suffering or financial loss,and includes,but is not limited to, 39 fire,flood,severe weather,earthquake,civil disturbance,riot,explosion,drought,volcanic 40 activity,spills or releases of oil or hazardous material,contamination,utility or transportation 41 emergencies,disease,blight,infestation,intentional acts,sabotage,declaration of war,or 42 other conditions which is,or is likely to be beyond the control of the services,personnel, 43 equipment,and facilities of a Member and requires mutual assistance. 44 45 C.Member -Any public or private water or wastewater utility that manifests intent to 46 participate in the Mutual Aid and Assistance Program by executing this,the California 47 WaterlWastewater Agency Response Network (CaIWARN)Agreement. 48 49 D.Associate Mem ber -Any non utility participant,approved by the State Steering Com mittee, 50 that provides a support role for the WARN program,for example State Department of Public CalWARN Mutual Aid/Asst Agreement 1 Approved and Adopted September 30,2007 by Vote of Members 1 Health,or associations,who are members of the Regional or State Steering Com mittees 2 and do not officially sign the WARN agreement. 3 4 E.Confidential Information -Any document shared with any signatory to this Agreement that 5 is marked confidential,including but not limited to any map,report,notes,papers,opinion, 6 or e-mail which relates to the system vulnerabilities of a Member or Associate Member. 7 8 F.Non-Responding Member -A Member that does not provide assistance during a Period of 9 Assistance under the Mutual Aid and Assistance Program. 10 11 G.Requesting Member-A Member who requests assistance under the Mutual Aid and 12 Assistance Program. 13 14 H.Responding Member-A Member that responds to a request for assistance under the 15 Mutual Aid and Assistance Program. 16 17 I.Period ofAssistance -A specified period of time when a Responding Mem ber assists a 18 Requesting Member.The period commences when personnel,equipm ent,or supplies 19 depart from Responding Member's facility and ends when the resources return to their 20 facility (portal to portal).All protections identified in the Agreement apply during this period. 21 The specified Period of Assistance may occur during response to or recovery from an 22 Emergency. 23 24 J.National Incident Management System (NIMS)- A national,standardized approach to 25 incident management and response that sets uniform processes and procedures for 26 emergency response operations. 27 28 K.Standardized Emergency Management System (SEMS)- A standardized approach to 29 field command and jurisdictional management and response set forth by State of California 30 Code of Regulations for multi-agency or multi-jurisdictional response to an emergency. 31 32 33 ARTICLE III. 34 ADMINISTRATION 35 36 The administration of the Water/Wastewater Agency Response Network (WARN)will be 37 through WARN Regional Steering Committees (RSC)and the WARN State Steering Committee 38 (SSC). 39 40 The WARN RSCs will be established by representatives from the Members in that region.A 41 chair and co-chair w ill be elected and act as administrators for that region.T he chair wi II 42 represent the region on the WARN SSC.Each WARN RSC will sponsor an annual meeting for 43 Members,maintain a data base of all water and wastewater utilities who have signed this 44 Agreement,and meet as a committee to address concerns and pro cedures for requesting 45 mutual assistance in that region.The regions will be comprised of one or more of the six Office 46 of Emergency Services (OES)mutual aid regions. 47 48 The WARN SSC will include the chairs of the regional steering committees,and a 49 representative from the California Department of Public Health (CDP H),California Utilities 50 Emergency Association (CUEA),Department of Water Resources (DWR),the American Water 51 Works Association (AWWA)Emergency Planning Committee,California Rural Water CalWARN Mutual Aid/Asst Agreement 2 Approved and Adopted September 30,2007 by Vote of Members 1 Association (CRWA)and California Sanitation Risk Management Authority (CSRMA).The SSC 2 will identify a Chair for the purpose of leading the SSC and act as a point of contact for the 3 WARN SSC.At a minimum,the WARN SSC will meet annually and issue a list of participating 4 utilities.The database will be maintained on the W ARI\J website,managed by a volunteer 5 Member,as appointed by the SSC. 6 7 8 ARTICLE IV. 9 PROCEDURES 10 11 A.In coordination with the Regional Steering Com mittees,emergency management and public 12 health system of the state,the State Steering Committee shall develop operational and 13 planning procedures for the Mutual Aid and Assistance Program.These procedures shall 14 be consistent with the Standardized Emergency Management System (SEMS)and the 15 National Incident Management System (NIMS),reviewed at least annually and updated as 16 needed by the State Steering Committee. 17 18 B.Requests for emergency assistance under this Agreem ent shall be directed to the 19 appropriate Authorized Official(s)from the list of Members. 20 21 C.Consistent with SEMS,when more than one County is impacted by a disaster,requests for 22 mutual assistance under this Agreement may be channeled through the CUEA Utility 23 Operation Center to ensure maximum effectiveness in allocating resources to the highest 24 priority needs. 25 26 27 ARTICLE V. 28 REQUESTS FOR ASSISTANCE 29 30 In general,assistance w ill be in the form of resources,such as equipm ent,supplies,and 31 personnel.Assistance shall be given only when Responding Mem ber determ ines that its own 32 needs can be met while rendering assistance.The execution of this Agreement shall not create 33 any duty to respond on the part of any party hereto.A potential Responding M ember shall not 34 be held liable for failing to provide assistance.A potential Responding M ember has the 35 absolute discretion to decline to provide any requested assistance. 36 37 A.Member Responsibility -Members shall identify an Authorized Official and alternates; 38 provide contact information including 24-hour access;and maintain resource information 39 made availa ble by the utility for mutual aid and assistance re sponse,as allowed by utility 40 policy.Such information shall be updated annually or as changes occur (whichever is 41 sooner),provided to the State Steering Com mittee,and uploaded into the statewide 42 database. 43 44 B.Member Request -In the event of an Emergency,a Member's Authorized Official may 45 request mutual aid and assistance from a participating Member.Requests for assistance 46 can be made ora lIy or in writing.When made orally,the request for personnel,equipm ent, 47 and supplies shall also be prepared in writing and subm itted to the participating Member as 48 soon as practicable.Requests for assistance shall be directed to the Authorized Official of 49 the participating Member.Specific protocols for requesting aid shall be provided in the 50 procedures developed under Article IV. 51 CalWARN Mutual Aid/Asst Agreement 3 Approved and Adopted September 30,2007 by Vote of Members 1 C.Response to a Request for Assistance -Members are not obligated to respond to a 2 request.After a Member receives a request for assistance,the Authorized Official evaluates 3 whether or not to respon d,whether resources are available to respond,or if other 4 circumstances would hinder response.Following the evaluation,the Authorized 5 Representative shall inform,as soon as possible,the Requesting M ember whether it will 6 respond.If the Member is willing and able to provide assistance,the Member shall inform 7 the Requesting Member about the type of available resources and the ap proximate arrival 8 time of such assistance.. 9 10 D.Discretion of Responding Member's Authorized Official-Execution of this Agreement 11 does not create any duty to respond to a request for assistance.When a Member receives 12 a request for assistance,the Authorized Official shall have sole and absolute di scretion as to 13 whether or not to respon d,or the availability of resources to be used in such response.An 14 Authorized Member's decisions on the availabi lity of resources shall be final. 15 16 17 ARTICLE VI. 18 RESPONSE COORDINATION 19 20 When providing assistance under this Agreement,the Requesting Member and Responding 21 Member shall be organized and shall function under the Standard Emergency Management 22 System and National Incident Management System protocols and pro cedures. 23 24 A.Personne/-Responding Memberretains right to identify the employees who are willing 25 to participate and the resources that are available. 26 27 B.Contro/-While employees so provided may be under the supervision of the 28 Responding Mem ber,the Responding Member's employees come under the direction 29 and control of the Requesting Member,consistent with the NIMS Incident Command 30 System to address the need s identified by the Requesti ng Member.The Requesting 31 Member's Authorized Official shall coordinate response activiti es with the designated 32 supervisor(s)of the Responding IVI ember(s).Whenever practical,Responding 33 Member personnel must be self sufficient for up to 72 hours.The Responding Member's 34 designated supervisor(s)must keep accurate records of work performed by personnel 35 during the specified Period of Assistance. 36 37 C.Food and Shelter -When possible,the Requesting Member shall supply reasonable food 38 and shelter for Responding Member personnel.If the Requesting Member is unable to 39 provide food and shelter for Responding Member personnel,the Responding Member's 40 designated supervisor is aut horized to secure the resources necessary to meet the needs of 41 its personnel.Except as provided below,the cost for such resources must not exceed the 42 State per diem rates for that area.To the extent Food and Shelter costs exceed the State 43 per diem rates for the area,the Responding Member must demonstrate that the additional 44 costs were reasonable and necessary under the circumstances.Unless otherwise agreed 45 to in writing,the Requesting Member remains responsible fo r reimbursing the Responding 46 Member for all reasonab Ie and necessary costs associated with providing food and shelter, 47 if such resources are not provided. 48 49 D.Communication -The Requesting Member shall provide Responding Member personnel 50 with radio equipment as available,or radio frequency information to program existing radio, 51 in order to facilitate communications with local responders and utility personnel. CalWARI\I Mutual Aid/Asst Agreement 4 Approved and Adopted September 30,2007 by Vote of Members 1 2 E.Status -Unless otherwise provided by law,the Responding Member's officers and 3 employees retain the same privileges,immunities,rights,duties and benefits as provided in 4 their respective jurisdictions. 5 6 F.Licenses and Permits -To the extent permitted by law,Responding Member personnel 7 who hold licenses,certificates,or permits evidencing professional,mechanical,or other 8 skills shall be allowed to carry out activities and tasks relevant and related to their respective 9 credentials during the specified Period of Assistance. 10 11 G.Right to Withdraw Resources -The Responding Mem ber's Authorized Official retains the 12 right to withdraw some or all of its resources at any time for any reason in the Responding 13 Member's sole and absolute discretion.Notice of intention to withdraw must be 14 communicated to the Requesti ng Member's Authorized Official as soon as soon as is 15 practicable under the ci rcumstances. 16 17 18 ARTICLE VII. 19 COST REIMBURSEMENT 20 21 Unless otherwise mutually agreed in whole or in part by both parties,the Requesting Member 22 shall reimburse the Responding Member for each of the following categories of costs incurred 23 while providing aid and assistance during the specified Period of Assistance. 24 25 A.Personnel-Responding Member will make such employees as are willing to 26 participate available to Requesti ng Member at Requesting Member's expense equal to 27 Responding Member's full cost,Le.,equal to the employee's applicable salary or hourly 28 wage plus fringe benefits and overhead,and co nsistent with Responding Member's 29 collective bargaining agreements or other conditions of employment.All costs incurred 30 for work performed during the specified Period of Assistance will be included.The 31 Requesting Member shall be responsible for all direct and indirect labor costs. 32 33 8.Equipment -Use of equipment,such as construction equipment,vehicles,tools,pumps 34 and generators,shall be at Responding M ember's current eq uipment rate and subject to the 35 following conditions:The Requesting Member shall reimburse the Respond ing Member for 36 the use of equipment during the specified Period of Assistance,including,but not lim ited to, 37 reasonable rental rates,all fuel,lubrication,maintenance,tra nsportation,and 38 loading/unloading of loaned equipment.All equipment shall be returned to the Responding 39 Member as soon as is practicable and reasonable under the circumstances. 40 (a)At the option of Responding Member,equipment may be provided with an 41 operator. 42 (b)Equipment shall be returned to Responding Member within 24 hours after receipt 43 of an oral or written request for return. 44 (c)Requesting Member shall,at its own expense,supply all fuel,lubrication and 45 maintenance for furnished equipment. 46 (d)Responding Member's cost related to the transp ortation,handling and 47 loading/unloading of equipment shall be chargea ble to Requesting Member. 48 (e)In the event equipm ent is damaged while being dispatched to Requesting Member, 49 or while in the custody and use of Requesting Member,Requesting Member shall 50 reimburse Responding Mem ber for the reasona ble cost of repairing said dam aged 51 equipment.If the equipment cannot be repaired,then Requesting M ember shall CalWARN Mutual Aid/Asst Agreement 5 Approved and Adopted September 3D,2007 by Vote of Members 1 reimburse Responding Member for the cost of replacing such equipment with 2 equipment that is of at least equal capability as determined by the Responding 3 Member.If Responding Member must lease a piece of equipment while Requesting 4 Member equipment is being repaired or replaced,Requesting M ember shall 5 reimburse Responding Member for such lease costs. 6 7 C.Materials and Supplies -Requesting Member shall reimburse Responding Member in 8 kind or at actual replacement cost,plus handling charges,for use of expendable or no n- 9 returnable supplies.Other supplies and reusable items that are returned to Responding 10 Member in a clean,damage-free condition shall not be charged to the Requesting 11 Member and no rental fee will be charged;otherwise,they shall be treated as 12 expendable supplies.Supplies that are returned to the Responding Member with 13 damage must be treated as expendable supplies for purposes of cost reimbursement. 14 15 D.Payment Period -The Responding Member shall provide an item ized bill to the Requesting 16 Member for all expenses incurred by the Responding Member while providing assistance 17 under this Agreem ent.The Requesting Member shall send the itemized bill not later than 18 (90)ninety dates following the end of the Period of Assistance.The Responding Member 19 may request additional periods of time within which to subm it the itemized bill,and 20 Requesting Member shall not unreasonably withhold consent to such requ est.The 21 Requesting Member agrees to reim burse the Responding Member within 60 days from 22 receipt of an invoice for assistance provided under this Agreement.The Requesti ng 23 Member may request additional periods of time within which to pay the itemized bill,and 24 Responding Member shall not unreasonably withhold consent to such req uest,provided, 25 however,that all payment shall occur not later than one-year after the date a final itemized 26 bill is submitted to the Requesting Member. 27 28 E.Records -Each Responding Member and its duly authorized representatives shall have 29 access to a Requesting Member's books,documents,notes,reports,papers and records 30 which are directly pertinent to this Agreement for the purposes of reviewing the accuracy of 31 a cost bill or making a financial,maintenance or regulatory audit.Each Requesting Mem ber 32 and its duly authorized representatives shall have access to a Responding M ember's books, 33 documents,notes,reports,papers and records which are directly pertinent to this 34 Agreement for the purposes of reviewing the accuracy of a cost bill or making a financial, 35 maintenance or regulatory audit.Such records shall be maintained for at least three (3) 36 years or longer where required by law and as needed for federal reim bursement practices. 37 38 39 ARTICLE VIII. 40 ARBITRATION 41 42 If any controversy or claim arises out of,or relates to,the Agreement,including,but not limited 43 to an alleged breach of the Agreement,the disputing Members shall first attempt to resolve the 44 dispute by negotiation,followed by mediation and finally shall be settled by arbitration in 45 accordance with the Rules of the American Arbitration Association.Judgment on the award 46 rendered by the arbitrator(s)may be entered in any court having jurisdiction. 47 48 CalWARN Mutual Aid/Asst Agreement 6 Approved and Adopted September 30,2007 by Vote of Members 1 ARTICLE IX. 2 REQUESTING MEMBER'S DUTY TO INDEMNIFY 3 4 Pursuant to Govern ment Code Section 895.4,and subject to Article X,Requesting Member 5 shall assume the defense of,fully indemnify and hold harmless Responding Member,its 6 Directors,Counci I Members,Supervisors,officers and employees,from all claims,loss, 7 damage,injury and liability of every kind,nature and description,directly or indirectly arising 8 from the Requesting Member's work hereunder,including,but not limited to,negligent or 9 wrongful use of equipment,supplies or personnel provided to Requesting Mem ber or faulty 10 workmanship or other negligent acts,err ors or omissions by Responding IVI ember,or by 11 personnel provided to Requesti ng Member from the time assistance is requested and 12 rendered untiI the assistance is returned to Responding Member's control,portal to po rtal. 13 14 15 ARTICLE X. 16 SIGNATORY INDEMNIFICATION 17 18 In the event of a liability,claim,demand,action or proceeding,of whatever kind or nature 19 arising out of the rendering of assistance throug h this Agreement,the parties involved in 20 rendering or receiving assistance ag ree to indemnify and hold harm less all Members whose 21 only involvement is the execution and approval of this Agreement,in the transaction or 22 occurrence which is the subject of such claim,action,demand or other proceeding.Such 23 indemnification shall include indem nity for all claims,demands,liability,damages and costs, 24 including reasonable attorneys'fees and other costs of defense,for injury,property damage 25 and workers compensation. 26 27 28 ARTICLE XI. 29 WORKER'S COMPENSATION CLAIMS 30 31 The Responding Member is responsible for providing worker's compensation benefits and 32 administering worker's compensation for its employees.The Requesting IVI ember is 33 responsible for providing worker's compensation benefits and administering worker's 34 compensation for its employees. 35 36 37 ARTICLE XII. 38 NOTICE 39 40 Each party hereto shall give to the others prompt and timely written notice of any claim 41 made or any suit instituted coming to its knowledge,which in any way,directly or indirectly, 42 contingently or otherwise,affects or might affect them,and each Member shall have the 43 right to participate in the defense of the same,as it considers necessary to protect its own 44 interests. 45 46 CalWARN Mutual Aid/Asst Agreement 7 Approved and Adopted September 30,2007 by Vote of Members 1 ARTICLE XIII. 2 INSURANCE 3 <4 Members shall maintain an insurance policy or maintain a self insurance program that covers 5 activities that it may undertake by virtue of membership in the Mutual Aid and Assistance 6 Program. 7 8 9 ARTICLE XIV. 10 CONFIDENTIAL INFORMATION 11 12 To the extent allowed by law,any Member or Associate Member shall maintain in the strictest 13 confidence and shall take all reasonable steps necessary to prevent the disclosure of any 14 Confidential Information provided to it by another Member pursuant to this Agreem ent.If any 15 Member,Associate Member,or third party requests or dem ands,by subpoena or otherwise, 16 that a Member or Associate Member disclose any Confidential Information provided to it under 17 this Agreement,the Member or Associate Member shall immediately notify the owner of the 18 Confidential Information and shall take all reasonable steps necessary to prevent the disci osure 19 of any Confidential Information by asserting all applicable rights and privileges with respect to 20 such information and shall cooperate fully in any judicial or administrative proceeding relating 21 thereto. 22 23 24 ARTICLE XV. 25 EFFECTIVE DATE 26 27 This Agreement shall take effect for a new party immediately upon its execution by said 28 party. 29 30 31 ARTICLE XVI. 32 WITHDRAWAL 33 34 Any party may terminate its participation in this Agreement by written notice to the Chair of the 35 appropriate RSC and to the SSC Chair.Withdrawal takes effect 60 days after the appropriate 36 officials receive notice.Withdrawal from this Agreement shall in no way affect a Requesting 37 Member's duty to reimburse a Responding M ember for cost incurred during a Period of 38 Assistance,which duty shall survive such withdrawal. 39 40 41 ARTICLE XVII. 42 MODIFICATION 43 44 No provision of this Agreement may be modified,altered or rescinded by individual parties to the 45 Agreement.Modifications to this Agreement require a simple majority vote of Members within 46 each region and unanimous agreement among the regions.The State Steering Committee will 47 notify all parties of modifications to this Agreement in writing and those modifications shall be 48 effective upon 60 days written notice to the parties. 49 CalWARN Mutual Aid/Asst Agreement 8 .Approved and Adopted September 30,2007 by Vote of Members 1 2 ARTICLE XVIII. 3 SEVERABILITY 4 5 If any term or provision of this Agreement is declared by a court of competent jurisdiction to be 6 illegal or in conflict with any law,the validity of the remaining terms and provisions shall not be 7 affected,and the rights and obligations of the parties shall be construed and enforced as if the 8 Agreement did not contain the particular term or provision held to be invalid. 9 10 11 ARTICLE XIX. 12 PRIOR AGREEMENTS 13 14 To the extent that prior agreements among signatories to this Agreement for mutual assistance 15 are inconsistent with this Agreement,such agreements are hereby superseded.This 16 Agreement supersedes the 1996 Omnibus Mutual Aid Agreement,the WARN 1997 Om nibus 17 Mutual Aid Agreement,and the WARN 2001 Omnibus Mutual Aid and Assistance Agreement. 18 19 20 ARTICLE XX. 21 PROHIBITION ON THIRD PARTIES AND ASSIGNMENT OF RIGHTSIDUTIES 22 23 This Agreement is for the sole benefit of the Members and no other person or entity has rights 24 under this Agreem ent as a third party beneficiary.Assignment of benefits or delegation of 25 duties created by this Agreement to third parties that are not Members is prohibited and without 26 effect. 27 28 29 ARTICLE XXI. 30 TORT CLAIMS 31 32 This Agreement in no way abrogates or waives any immunity or defense available under 33 California law. 34 35 36 ARTICLE XXII. 37 INTRASTATE AND INTERSTATE MUTUAL AID AND ASSISTANCE PROGRAMS 38 39 To the extent practicable,Members retain the right to participate in mutual aid and assistance 40 activities conducted under the State of California Intrastate WARN Mutual Aid and Assistance 41 Program and the Interstate Emergency Management Assistance Compact (EMAC)and similar 42 programs. 43 44 45 CalWARN Mutual Aid/Asst Agreement 9 Approved and Adopted September 30,2007 by Vote of Members Attachment 0 California WaterlWastewater Agency Response Network (CaIWARN) 2007 Omnibus Mutual Assistance Agreement'· WHEREAS,the California Office of Emergency Services (OES).the Department of Water Resources (DWR),the Department of Public Health (DP H)and the California Utilities Emergency Association (CUEA)have expressed a mutual interest in the establishment of a plan to facilitate and encourage water agency mutual assistance agreements between water agencies;and WHEREAS,the California Water Agency Response Network (CaIWARN)was originally created to provide a forum for the development of mutual assistance agreements between water agencies in the OES Coastal Region of California;and later expanded to all water and wastewater agencies in the State of California,and WHEREAS,the CALIFORNIA WATERIWASTEWATER AGENCY RESPONSE NETWORK (CaIWARN)2007 OIVIN IBUS MUTUAL ASSISTANCE AGREEMENT is a continuation of the WARN 1996 OMNIBUS MUTUAL AID and 2001 OMNIBUS MUTUAL AID AGREEMENT and sets forth the mutual covenants and agreements for water and wastewater agencies to provide mutual assistance to one another in times of emergency;and WHEREAS,State OES regulates the SEMS program,and this agreement is consistent with SEMS,and that it is necessary to have a mutual assistance agreement in place to support requests to FEMA for costs of using assistance during an emergency,and WHEREAS,the water or wastewater agency hereto has determined that it would be in its best interests to enter into an agr eement that implements that plan and sets forth proced ures and the responsibilities of the agency whenever emergency personnel,equipm ent and facility assistance are provided from one agency to the other;and WHEREAS,no water or wastewater agency should be in a position of unreasonably using its own resources,facilities,or services providing such mutual assistance;and WHEREAS,it is the intent of WARN to revise this agreement as necessary and to annually publish a list of all water and wastewater agencies participating in this agreement,as posted on www.calwarn.org;and WHEREAS,such an agreement is in accord with the California Emergency Services Act set forth in Title 2,Division 1,Chapter 7 (Section 8550 et seq.)of the Government Code and specifically with Articles 14 and 17 (Section 8630 et seq.)of the Act. NOW,THEREFORE,in consideration of the conditions and covenants contained therein,the (Utility) agrees to become a party to the CalWARN 2007 Omnibus Mutual Assistance Agreement. Date: By: Title: Please return a signed copy of this page,plus the information requested on Emergency Contacts List to: Raymond Riordan CaIWARN,State Steering Com mittee 2662 Marsh 0 rive San Ramon,California 94583. CalWaterlWastewater Agency Response Network (WARN) 2007 Omnibus Mutual Assistance Agreement Emergency Contact List Attachment E WARN Region: o Region 1,Southern o Region 2,Coastal o Region 3,Northern o Region 4,Inland o Region 5,Valley o Region 6,Southern Type of Utility Member o Water o Wastewater Other Membership o Associate Date of Joining:_ Agency Name: Address: City: County: 24-Hr. Telephone No.: Date of Update:_ Zip Code: Website: Authorized Representative Emergency Contact Info: Name:Telephone:--------- Cell Phone: E-Mail: Alternate Representative Emergency Contact: Name:Telephone:(--'----'------- Cell Phone: E-Mail: Emergency Operations Center: Location: Radio Frequency: No.ofServices: Telephone:---..:...._------- Cell Phone: E-Mail: Call Signs: The information provided on this page will be included in the WARN web site (www.calwarn.org).(Back to signature gage) ©CaIWARN,2008 Quality Assurance Approval Sheet Subject:i~IJ Uf""}flw~~1N..-~~\J-\~IiYWNProjectNo _ DocurnentDescription:,S)-Pl~f tRE~l RED.0BTI)~b J\W~DYAc _TO-"----=----'-''Sb~\)L_L~--=C:--.:-ft=--Lt~0ft~RB iN eTffR,!t)JNST£l0~~eR.f}('·fN L')_ RfSf{JN~C NETl0DRl<., Author:Date:/D-IY-)D Signature futn",'l2-BND~~0 N Date:IV~)LJ-}t7 I D-Il../-~D''0 Signature fQJ\)~'C-~1'\VE)?s.D]4 Manager: Printed Narne QA Reviewe~~"J..I .J ~-Signature ~\~~~,j P~L Printed Narne The above signatures attest that the attached document has been reviewed and to the best of their ability,the signers verify that it meets the District quality standard by clearly and concisely conveying the intended information;being grammatically correct and free offormatting and typographical elTors;accurately presenting calculated values and numerical references;and being internally consistent,legible and unifonn in its presentation style. AGENDA ITEM 5 STAFF REPORT TYPE MEETING:Regular Board MEETING DATE:November 3,2010 SUBMITIED BY: APPROVED BY: (Chief) Frank Anderson,utility Services Manager f ft, Pedro Porras, Chief,Water operations W.O.lG.F.NO:DIV.NO.All APPROVED BY:Manny Magana ,..<:'t.~~- (Asst.GM):Vl'L Assistant General Mager,Engineering &Operations SUBJECT:REQUEST THE BOARD TO AUTHORIZE THE GENERAL MANAGER TO EXERCISE THE FIRST YEAR OPTION OF THE AGREEMENT WITH PACIFIC METER SERVICES,INC.FOR MANUAL WATER METER RETROFIT TO RADIO READ METERS AND TO AUTHORIZE THE GENERAL MANAGER TO APPROVE SUBSEQUENT OPTION YEARS TWO THROUGH FOUR AT HIS DESCRETION. GENERAL MANAGER'S RECOMMENDATION: Request that the Board authorize the General Manager to exercise the first year option of the agreement with Pacific Meter Services,Inc.,for manual water meter retrofit to automated meter read meters (AMR),and to authorize the General Manager to approve subsequent option years two through four at his discretion. COMMITTEE ACTION: Please see Attachment "A". PURPOSE: To request the Board authorize the General Manager to options to an agreement with Pacific Meter Services, his discretion. exercise Inc.,at ANALYSIS: The Board approved a contract with Pacific Meter Services,Inc., .on August 5,2009 for retrofitting W'through 1"manual-read meters with new AMR meters.Attached is the original contract approved by the Board.(Attachment "B") The Agreement provides price.Any increase is Consumer Price Index. will not change for the for an annual increase in the per-unit limited to increases in the San Diego The per-unit price of $32.98 per meter first option year. Based on bid price and Pacific Meter Services,Inc.' s performance during the initial year,it is recommended that the Board approve the District's renewal option to use the previously approved agreement to continue retrofiting meters through FY11 and authorize the General Manager,at his discretion,to negotiate and approve subsequent option years two (2)through four (4). FISCAL IMPACT: $1,500,000 is included in the FY11 Capital Improvement Plan Budget (CIP 2458)to continue the retrofit of the District's remaining manual read meters to AMR meters.This CIP proj ect also provides for contract labor for %inch and 1 inch meter retrofits,in-house retrofit of larger than 1 inch meters,and the purchase of AMR meters,gaskets and connection supplies.In FY11 it is anticipated that approximately 4,500 meters of various sizes will be retrofitted. The total budget for this ten year AMR/Manual Meter Replacement CIP 2458 is $10,448,000.This ten year CIP started in December 7,2005.The approved budget for FY11 is $1,500,000.The value of FY11 retrofit contract is $148,410 which staff has estimated is sufficient to cover the costs of contract labor for replacing approximately 4,500 meters for FY11. Total cumulative costs and commitments on this CIP to date is approximately $4,111,670.Therefore,the remaining approved ClP at this time is $6,336,330. 2 Staff has evaluated this CIP and has estimated that the current approved budget is sufficient to cover the costs..for completing the remaining approximately 18,921 meter retrofits through 2014. The Finance Department has determined that 100%of the funding is available from the Replacement Fund. STRATEGIC GOAL: Strategy:Implement Field Technology solutions. Objective:Convert all manual-read water meters to radio-read (AMR)water meters. LEGAL IMPACT: None. Gez(eral Manager Attachment "A",Committee Action Attachment "B",AMR Retrofit Contract 3 ATTACHMENT A AWARD OF A ONE (1)YEAR CONTRACT EXTENSION TO PACIFIC METER SERVICES,INC.FOR MANUAL WATER METER RETROFIT TO RADIO READ SUBJECT/PROJECT:METERS. COMMITTEE ACTION: The Engineering/Operations and Water Resources Committee reviewed this item at a meeting held on October 20,2010.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 CONTRACT Project:WATER METER REPLACEMENT -FY 2010 Bid Submittal Date:June 18,2009 Award Date:August 5,2009 Amount ofContract:$148,410.00 @J THIS CONTRACT,made this A~*&:e:12th day of AIAEj\4.S{,J.,[Joq ,by and between the Otay Water District hereinafter referred to as "District"and Pacific Meter Services, Inc.,hereinafter referred to as "Contractor", WITNESSETH: A.WHEREAS,District has caused specifications,drawings and other contract documents,hereinafter referred to as "Specifications",to be prepared for certain work on the referenced project;and B.WHEREAS,in addition to the terms below,this Contract incorporates and includes the following: 1.Notice to Prospective Bidders 2.Instructions to Bidders 3.Supplemental Terms and Conditions 4.Specifications 5.Bid Form 6.Performance Bond 7.Bidder's Guarantee 8.Labor and Materials Bond 9.Contractor License Affidavit 10.Non-Collusion Affidavit 11.Bidder's Statement Regarding Insurance Coverage 12.Workers'Compensation Insurance Certificate C.WHEREAS,Contractor has offered to perform the proposed work in accordance with the terms ofsaid Specifications as set forth bysubmission ofthe Contractor's Proposal; NOW,THEREFORE,in consideration of the mutual covenants and agreements of the parties contained in said Specifications and Contractor's Proposal,which are made a part hereof as though fully set forth,Contractor hereby agrees to complete the work at the prices and on the Page 21 Invitation to Bid "Water Meter Replacement -FY 2010" Submittal Deadline:10:00 am,Thursday,June 18.2009 The Otay Water District,hereinafter referred to as "District",hereby gives notice that sealed bids for the replacement and/or retrofitting of'l'4,and I-inch water meters to radio read meters will be received and publicly opened at the District's Purchasing Office,located at 2554 Sweetwater Springs Blvd.,Spring Valley,CA 91978 at 10:00 a.m.,Thursday,June 18,2009. Those wishing to submit a bid are required to attend a mandatory pre-bid conference to be held in the District's Administrative Offices located at 2554 Sweetwater Springs Blvd.,Spring Valley,CA 91978,at 9:00 am,Thursday,June 4,2009.For information,please call the project manager at (619)670-2263. An bids must be complete and submitted on the bid forms provided by the District in the bid package.Submitted bids must be sealed in an envelope and clearly identified on the outside with the following:"IFB-WATER METER REPLACEMENT -FY-2010,Bid Opening:10:00 a.m., Thursday,June 18,2009" Telephone,telegraphic,faxed,electronic,or late bids will not be considered regardless of postmark or reason.Late bids will be returned to the bidder unopened. Bidders are encouraged to utilize emerging business enterprise (EBE)finns in the execution of the work identified herein.Bidders are encouraged to call the Contracting Opportunities Center at (619)285-7020 for information on EBE finns. The District reserves the right to reject any and all bids,to waive any infoffilality,and to make any award in the best interest ofthe District. BY:Stephen Dobrawa Purchasing Manager Otay Water District (619)670 2226 Date:May22,2009 Page 2 Instructions to Bidders General: The Otay Water District hereinafter referred to as "District",invites sealed bids for installation and retrofitting of %,and I-inch water meters in compliance with the District's "Specifications for Water Meter Replacement." Receipt and Form of Bid: Sealed bids for this request will be accepted at the purchasing office of the District located at 2554 Sweetwater Springs Blvd.,Spring Valley,CA 91978 until Submittal Deadline:10:00 am, Thursday,June 18,2009.All bids must be complete and submitted on the bid form provided by the District in this invitation. Telephone,telegraphic,faxed,electronic,or late bids will not be considered regardless of postmark or reason.Late bids will be returned to the bidder unopened. Bids must be enclosed in a sealed envelope bearing the name of the bidder,the name of this invitation and the time and date ofthe bid opening. Bids will be accepted only from Contractors with the applicable licenses for the trades and construction involved,issued by the State of California.Bidders must execute the attached Contractor License Affidavit. Modifications and Alternative Bids: Unauthorized conditions,limitations,or provisos attached to a bid will render it informal and may cause its rejection as being non-responsive.The completed bid form shall be without interlineations,alterations,or erasures. Discrepancies in Bids: In the event there is more than one bid item on a bid form,the bidder shall furnish a price for all items on the form.Failure to do so will render the bid informal and may cause its rejection.If the unit charge and extended charge on the bid form are inconsistent,the bidder will be bound by the unit charge and the extended charge will be corrected accordingly.In the event there is more than one bid item on a bid form and the total indicated for the form does not agree with the sum ofprices on the individual items,the prices bid on the individual items shall govern and the total for the form will be corrected accordingly,and the bidder shan be bound by said corrections. Withdrawal of Bid: The bid may be withdrawn by the bidder by means ofa written request,signed by the bidder or his properly authorized representative.Such written request must be delivered to the District's Purchasing Office prior to the scheduled closing time for receipt ofbids. Page 3 Instructions to Bidders -Continued Award of Contract: Award of a contract,if it is awarded,will be made to the lowest responsible and responsive bidder.The low bidder will be detennined by the lowest responsible bid for the Total Base Bid that complies with ail the requirements prescribed in the bid/contract documents.Any such award will be made within 90 calendar days after opening ofthe bids. The District reserves the right to reject any or all bids,to waive any informality in the bid and to make any award ofcontract in the best interest ofthe District. Disqualification of Bidders: More than one bid from an individual,finn,partnership,corporation,or association under the same or different names will not be considered.Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested.If there is a reason for believing that collusion exists among the bidders,all proposals will be rejected.All bidders must execute the attached non-collusion affidavit. The successful bidder shall be required to comply with all applicable Equal Opportunity laws and regulations. Supplemental Terms and Conditions: The successful bidder shall be required to meet and comply with the attached "Supplemental Tenus and Conditions". Insurance: Prior to any work performed,the successful bidder (should an award be made)must be able to furnish certificate(s)ofinsurance for the following: Comprehensive general/automobile liability insurance affording combined single limits of liability of not less than two million dollars ($2,000,000.00)per occurrence for bodily injury, personal injury,and for property damage. Worker's Compensation and Employer's Liability in full compliance with the laws of the State of California.Employer's liability shall be not less than one million dollars ($1,000,000.00). Bidders must complete the attached "Contractor's Certificate Regarding Workers Compensation". Page 4 Instructions to Bidders -Continued Prevailing Rate: The successful bidder shall pay workers at the prevailing wage rate ofpay for all labor used in the delivery,unloading and installation of the project on the site for the category of work performed.The submittal of certified payroll documentation shall be required.Submittal of certified payroll documentation shall be made to the project manager on a bi-monthly basis. State and Local Sales and Use Taxes: State and local sales and use taxes,as required by the laws and statutes ofthe State ofCalifornia and its political subdivisions,shall be paid by the Contractor.Prices quoted in the Bid shall include sales tax,unless provision is made in the Bid form to separately itemize the tax. Naming of Subcontractors: The Bidder shall submit the Bid with the names and business addresses of each subcontractor who will perform work under this Contract in excess of one percent (1 %)ofthe amollilt of the total bid,and shall list the portion of the work which will be done by such subcontractor.If Bidder fails to specify a subcontractor for any portion of the work to be performed under the Contract,the Bidder agrees to perform that portion of the work.No subcontractor shall be substituted for those listed without prior District's approval. Bid Bond: Bids must be accompanied by cash,a certified check or cashier's check drawn on a bank in good standing,or a bid bond issued by a Surety authorized to issue such bonds in the State of California,in an amount not less than ten (10)percent ofthe total amount of the Initial Year Bid submitted.This bid security shall be given as a guarantee that the Bidder will not withdraw the Bid for a period ofninety (90)calendar days after bid opening,and that if awarded the Contract, the successful Bidder will execute the attached Contract and furnish the Documents specified in the Contract documents.The Attorney-in-Fact (Resident Agent)who executes this bond in behalf of the Surety must attach a notarized copy of his power-of-attorney as evidence of his authority to bind the Surety on the date ofexecution ofthe bond. If the bidder elects to furnish a Bid Bond,he shall use the Bid Bond form attached herewith,or one conforming substantially thereto in form and content. Performance Bond: The successful Bidder shan file annually for the tenn (one-year),and upon annual renewal,if renewed,with the District a Performance Bond on the Form attached herewith in the full amount of the Contract price,as security of the faithful perfonnance of the Contract for the construction ofthe work,and to cover all guarantees against defective workmanship or materials,or both,for a period ofone (1)year after the date offinal acceptance ofthe work by the District. Page 5 Instructions to Bidders -Continued The Surety furnishing this bond shall have a sound financial standing,be authorized to do business in the State of California and either submit those documents as set forth in California Code ofCivil Procedures,§995.660 items (1)through (4),or have a Best Rating ofA VII. Labor and Materials Bond: The successful Bidder shall file annually for the term (one-year),and upon arumal renewal,if renewed,with the District at the time of execution of the Contract,a Labor and Materials Bond of the form attached herewith in the amount of one hundred (100)percent of the Contract price, as surety for the payment ofall persons supplying labor and materials for the construction ofthe work.The Surety furnishing this bond shall have a sound financial standing,be authorized to do business in the State ofCalifornia and either submit those documents set forth in California Code ofCivil Procedures,§995.660 items (1)through (4),or have a Best rating ofA VII. Power-of -Attorney: The Attorney-in-Fact (Resident Agent)who executes the Perfonnance Bond or Labor and Materials Bond in behalf ofthe Surety must attach a notarized copy ofhis power-of-attorney as evidence ofhis authority to bind the Surety on the date ofexecution ofthe bonds. Failure to Execute Contract and Furnish Bonds: The Bidder who is awarded a Contract and who fails to promptly and properly execute the Contract and furnish the prescribed bonds shall forfeit the bid security that accompanied the bid. The bid security shall be retained as liquidated damages by the District and it is agreed that this sum is a fair estimate ofthe amount of damages the District will sustain in case the Bidder fails to enter into a Contract and furnish bonds as herein before provided. Additional Work Discovered: In the event that during the perfonnance of the work described herein,additional and necessary work is discovered;the successful bidder agrees to be bound to the terms and conditions for perfonning and invoicing such work,as may be approved by the District's project manager,as identified herein or in attachments referenced as being part of this contract. If additional and necessary work is identified,the successful vendor shall consult with and infonn the Otay Water District's project manager,for this project,the scope and necessity of additional work discovered.Under no circumstances shall the successful bidder perform additional work unless instructed to do so in writing by the Otay Water District's project manager. Page 6 Instructions to Bidders -Continued Compliance with Fair Employment Practice Act: Contractor agrees in accordance with §1735 and §1777.6 of California Labor Code,and the California Fair Employment Practice Act (Sections 1410-1433)that in the hiring of common or skilled labor for the performance of any work under this contract,or any subcontract hereunder, no Contractor,material supplier or vendor shall,by reason of race,color,national origin or ancestry,or religion,discriminate against any person who is qualified and available to perfonn the work to which such employment relates. Rights Reserved: a)Rejection of Work.Contractor agrees that the District has the right to make all final detenninations as to whether the work has been satisfactorily completed. b)Completion ofWork.If Contractor fails to comply with the conditions of the contract,or fails to complete the required work or furnish the required materials within the time stipulated,the District reserves the right to purchase in the open market or to complete the required work,at the expense of the Contractor,including but no limited to,by recourse to provisions of the perfonnance bond if such bond is required under the conditions ofthis bid. Pre-Bid Conference (mandatory): A mandatory pre-bid conference will be conducted by the District's project manager for this project on June 4,2009,at 9:00 a.m.Prospective bidders shall meet at the District's Administrative Offices,2553 Sweetwater Springs Blvd.,Spring Valley,CA 91978.For questions concerning this mandatory meeting,call (619)670-2263.Bidders must attend the mandatory conference to be eligible to bid. Pre-Construction Meeting The Contractor shall not commence work until a meeting between the representatives of the Contractor and the District is held.The meeting will be held at the District's Operation Offices, 2553 Sweetwater Springs Blvd.,Spring Valley,CA 91978,at a time and date later to be detennined. End of Section Page 7 Supplemental Terms and Conditions Whereas,Vendor/Contractor,and Purchaser desire to enter into an agreement relating to the construction,installation or repair work described on the attached purchase order,and Whereas,Vendor/Contractor,and Purchaser understand that in certain important respects the terms and conditions on the purchase order are insufficient to cover this kind ofwork,and Whereas,Both parties desire to supplement those terms and conditions with this agreement, NOW THEREFORE,Vendor/Contractor and Purchaser agree that these supplementary terms and conditions shall become a part of the contract entered into between Vendor/Contractor and Purchaser as more fully described in the attached purchase order and any other documents specifically referenced in such purchase order. 1.These Terms Supplement the Printed Terms and Conditions on the Invitation to bid.The terms and conditions contained in the attached Invitation for Bid shall be supplemented by these terms and conditions.To the extent these tenus and conditions are inconsistent with the terms and conditions contained in the Invitation to Bid,the terms and conditions in the Invitation to Bid shall govern. 2.Scope of Work.The Vendor/Contractor,as promptly and as economically as practicable,shall perform all necessary engineering services,shall procure,order and furnish all ofthe required materials,labor and equipment,and perfonn all ofthe services necessary for the construction,installation and completion of,and shall construct,install and complete all of the work called for and described in this purchase order and in any specifications,drawings and other descriptive data that may be referred to herein and attached hereto (all hereinafter referred to as the "contract"). 3.Time of Completion.The work to be perfonned under this contract by the Vendor/Contractor shall be commenced within 10 calendar days of a Notice to Proceed issued by the Purchase and shall be complete in accordance with the specifications within 180 calendar days of the notice to proceed.If,however,the Vendor/Contractor is delayed in the perfonnance or completion ofthe work under this contract by labor strikes, lock-outs,fire,rain,unavoidable casualties,or other causes beyond the control of the Vendor/Contractor and without its fault or negligence,then the time for the perfonnance or completion of said work may be extended for a reasonable period to allow therefore, but any extensions for a period of seven (7)days or more shall be valid only if the same is in writing signed by the Purchaser. 4.The Contract Sum.The Purchaser shall pay the Vendor/Contractor for the performance of the work under this contract the sum set forth herein (hereinafter referred to as the "Contract Sum"). Page 8 Supplemental Terms and Conditions -Continued 5.Payment.Unless otherwise provided in this contract,the Contract Sum shall be due forty-five (45)days after the work is finally completed in accordance with the specifications;provided,however,that said payment shall not be due until the Vendor/Contractor has delivered to the Purchaser a complete release of all liens arising out of this contract,or receipts in full covering all labor and materials for which a lien could be filed,or a bond satisfactory to the Purchaser indemnifying it against any lien. 6.Changes,Alterations and Modifications.Purchaser may,at any time by written order and without notice to Vendor/Contractor's sureties or assigns,change the extent of the work covered by this contract,the drawings,specifications or other description herein,or the time ofcompletion.In connection with any such written order,Purchaser may issue a written stop work order with which Vendor/Contractor shall fully comply,and Vendor/Contractor shall be excused from proceeding with the work as changed only so long as such stop work remains in effect.Promptly upon receipt of the details of any such change,Vendor/Contractor shall either advice that the change will not affect its costs,or furnish: (1)a breakdown of estimated cost and changes in the Contract Sum attributable thereto,and (2)a statement of any necessary changes in the time of completion.Vendor/Contractor's failure to advise Purchaser within ten (10)days of the effect on any change hereunder shall constitute Vendor/Contractor's consent to confonn to the change without increase in the Contract Sum,or without change in other tenus and conditions of this contract.The "written order"authorized by this article shall be effective notwithstanding the absence of Vendor/Contractor's fonnal written acceptance thereof.If the change causes a material increase or decrease in costs,then an equitable adjustment ofthe Contract Sum herein to be paid to Vendor/Contractor shall promptly be negotiated by Purchaser and Vendor/Contractor and incorporated in an amendment to this contract. 7.Materials and Employees.Unless otherwise specified,all materials shall be new,and both workmanship and materials shall be of good quality.The Vendor/Contractor shall, ifrequired by Purchaser,furnish samples or other satisfactory evidence as to the kind and quality of materials as directed by the Purchaser,and all materials as directed by the Purchaser,and all materials thereafter furnished by the Vendor/Contractor shall be in strict accord with such approved samples. The Vendor/Contractor shall at all times enforce strict discipline and good order among its employees,and shall not employ on the work any unfit person or anyone not skilled in the work assigned to him. Page 9 Supplemental Terms and Conditions -Continued 8.Defaults. a.The Vendor/Contractor shall paythe costs ofthe work as they are incurred. b.lfthe Vendor/Contractor shall fail to pay any ofthe costs properly incurred by it, the Purchaser shall have the right to pay such costs directly,upon 24 hours written notice to the Vendor/Contractor,and deduct such costs from the Contract Sum. c.If the Vendor/Contractor should fail in the prosecution of the work under this contract,to perfonn any provision of this contract,the Purchaser may serve a notice in writing upon said Vendor/Contractor to remedy such failure,and upon the refusal or neglect of the Vendor/Contractor for a period of two (2)working days to remedy such failure,the Purchaser shall be entitled to remedy such deficiency,and any cost thereby incurred by the Purchaser shall be paid from the account ofthe Vendor/Contractor and deducted from the Contract Sum. d.Any expense or cost arising out ofthe Vendor/Contractor's negligence,or that of its agents or employees,for replacing defective work,for damage to property,and for the disposal of material wrongly supplied,may be paid by the Purchaser from the account ofthe Vendor/Contractor and deducted from the Contract Sum. 9.Set Offs.Vendor/Contractor agrees that Purchaser shall have the right to set off any amounts which may become payable by Purchaser to Vendor/Contractor under this contract to otherwise,any amounts which Vendor/Contractor may owe the Purchaser, whether arising under this contract or otherwise. 10.Protection ofWork,Property and Persons.It is specifically understood and agreed that during the progress of the work under this contract,the Vendor/Contractor shall take extreme precautions against the possibility of fire on the Purchaser's property and maintain adequate protection of the work,adjacent property,and public,and shall be responsible for any damage or injury due to its act or neglect.Any other provisions in this contract to the contrary notwithstanding,the Vendor/Contractor hereby assumes entire responsibility and liability for any and all damage or injury ofany kind or nature whatsoever (including death or personal injury resulting there from)to all persons, whether employees of the Vendor/Contractor,or otherwise,and to all property,caused by,resulting from,or arising out of the Vendor/Contractor's negligence or that of its agents or employees. 11.Title of Work.The title to all work completed or in the course of construction,and all materials on account of which any payment had been made by the Purchaser to the Vendor/Contractor,shall be in the Purchaser. Page 10 Supplemental Terms and Conditions -Continued 12.Inspection.The Purchaser shall have access to and the right to inspect all work in the course ofconstruction. 13.Subcontracts.The Vendor/Contractor agrees to obtain the agreement of every subcontractor to be bound to the tenns and conditions materially and substantially comparable to those contained herein,including prevailing wages and insurance,unless otherwise authorized and approved by the Purchaser. 14.Separate Contracts.The Purchaser shall have the right to let other contracts in connection with this work or other work and the Vendor/Contractor shall afford other vendors or contractors reasonable opportunity for the execution of their work and shall properly connect and coordinate its work and theirs. 15.Use of Premises.The Vendor/Contractor shall confine its apparatus,the storage of materials and the operations of its workmen to limits indicated by law,ordinances or pennits,and shall not unreasonably encumber the premises with its materials.Before storing any materials or apparatus,or before constructing any temporary work shanty or workshop upon the Purchaser's premises,the Vendor/Contractor shall obtain clearance from the Purchaser in writing designating the location and space on the Purchaser's premises for such storage.In addition,before the Vendor/Contractor moves or relocates any storage area or temporary shanty or workshop,it shall obtain similar clearance in writing from the Purchaser designating new or additional space on the Purchaser's premIses. 16.Permits and Regulations.Before commencing the perfonnance of any of the work under this contract,the Veudor/Contractor shall supply all necessary building pennits for the erection ofpermanent structures,all other pennits and licenses as may be necessary, and before and during the progress of work under this contract,give all notice and comply with all the laws,ordinances,rules and regulations ofevery kind and nature now or hereafter in effect promulgated by any Federal,State,County of other Governmental authority, relating to the performance or work under this contract,and if the Vendor/Contractor performs any work that is contrary to any such law,ordinance,mle or regulation,it shall bear all the costs arising there from.In the event that the Vendor/Contractor is unable to procure the necessary pennits,as aforesaid,the Purchaser shall have the option to cancel this contract without any liability whatsoever,or the Purchaser may procure the pennits,and the costs thereof shall be deducted from the Contract Sum.Vendor/Contractor specifically agrees to abide by and observe all standards or regulations ofthe Occupational Safety and Health Administration which are applicable to the work being performed. 17.Indemnification and Insurance.Vendor/Contractor shall indemnify and hold harmless the Purchaser and its agents and employees from and against all claims,damages,losses and expenses,including attorney's fees,arising out of or resulting from perfonnance of the work,provided that any such claim,damage,loss or expense (1)is attributable to Page 11 Sqpplemental Terms and Conditions -Continued bodily injury,sickness,disease,or death,or to injury or destruction oftangible property (other than the work itself)including the loss of use resulting there from,and (2)is caused in whole or in part by any negligent act or omission of Vendor/Contractor,any subcontractor,anyone directly or indirectly employed by any ofthem or anyone for those acts,any ofthem may be liable. During the perfonnance ofthis contract,Vendor/Contractor shall,at is cost,provide and maintain Compensation and Employer's Liability Insurance,General Liability Insurance (in an amount not less than $5,000,000.00,including automobile)and such other coverage as may be necessary to provide for the above indemnification. Vendor/Contractor shall furnish certificates of insurance,satisfactory to the Purchaser, evidencing such insurance coverage prior to commencement of the work.Certificates submitted must reference the purchaser's project name and work order number as shown on contract documents. 18.Assignment.None of the sums due or to become due,nor any of the work to be perfonned under this contract shall be assigned,nor shall Vendor/Contractor subcontract any substantial portion ofthis contract without Purchaser's prior written consent. 19.Cleaning Up.The Vendor/Contractor shall at all times keep the premises free from accumulations of waste material or rubbish caused by its employees or work,and at the completion of the work,it shall remove from the premises all rubbish,implements and surplus materials and shall leave the premises broom clean. 20.Termination. a.Anything in this contract to the contrary notwithstanding,if Vendor/Contractor should so fail to make progress as to endanger performance of this contract in accordance with its terms and conditions,or if it should fail to make prompt payments to subcontractors or for material or labor,or violate any laws,ordinances or regulations,or otherwise violate any provisions of this contract,then the Purchaser may,without prejudice to any other right or remedy,terminate this contract in whole or from time to time in part upon written notice and proceed to complete or cause the work to be completed;and the Purchaser may deduct the cost of completing the said work from payments then or thereafter due to the Vendor/Contractor,who shall pay the Purchaser any amount by which such cost of completion shall exceed the unpaid monies due or to become due to the Vendor/Contractor. b.In addition to the provisions of paragraph (a),the Purchaser shall have the right to tenninate this contract without cause upon five days written notice to the Vendor/Contractor,but in that event,Purchaser shall pay to the Vendor/Contractor a proportionate amount ofthe Contract Sum,as amended,based upon the Page 12 Supplemental Terms and Conditions -Continued percentage ofthe completion of the work under this contract and any amendment hereto. 21.Vendor/Contractor's Guarantee.The Vendor/Contractor hereby guarantees to the Purchaser that all work perfonned hereunder shall be free from all defects of any kind, nature or description the date ofthe completion thereof and for a period of one (1)year, the Vendor/Contractor hereby (a)indemnifies and holds harmless the Purchaser from and against all loss or damage arising out of or in connection with any such defects,and (b) agrees on notice from the Purchaser to the Vendor/Contractor forthwith to remedy and cure any such defect or defects as the sole cost and expense to the Vendor/Contractor. 22.Approval of Plans and Specifications;(ownership of Documents,Designs,Etc.)All plans and specifications drawn up by the Vendor/Contractor shall be submitted to the Purchaser for written approval prior to commencement of work or procurement of materials.Copies of such plans and specifications shall be furnished to the Purchaser, and all designs,plans and specifications,improvements,inventions and all rights appertaining thereto,developed by the Vendor/Contractor in the course of perfonnance under this contract,shall be promptly disclosed to,and shall become the sole and exclusive property of the Purchaser.All drawings,specifications or other documents, whether tracings or originals,furnished by the Purchaser to the Vendor/Contractor shall remain the property ofthe Purchaser and the Vendor/Contractor shall make no copies or use of such drawings,specifications or documents except in performance of the work called for by this contract.All such documents shall be returned to the Purchaser upon completion or termination ofthis contract. 23.Cost Breakdown.If required by the Purchaser,the Vendor/Contractor agrees to make available to the Purchaser within 10 days after the completion of the work under this contract,such books,records,receipts,vouchers or other data as may be deemed necessary by the Purchaser to enable it to arrive at appropriate cost figures for the purpose of establishing depreciation rates for the various materials and other elements which may have been incorporated into the work performed under this contract. 24.Taxes.Vendor/Contractor agrees that,unless otherwise indicated in this contract,(a)the Contract Sum does not include any state or local sales,use or other tax from which an exemption is available for purposes ofthis contract,and (b)the Contract Sum includes an other applicable federal,state,and local taxes in effect at the date of this contract. Vendor/Contractor agrees to accept and use tax exemptions certificates when supplied by Purchaser if acceptable to the taxing authorities.In case it shall ever be determined that any tax included in the Contract Sum was not required to be paid by Vendor/Contractor, Vendor/Contractor agrees to notify Purchaser and to make prompt application for the refund thereof,to take all proper steps to procure the same and when received to pay the same to the Purchaser. Page 13 Supplemental Terms and Conditions -Continued 25.Miscellaneous. a.The terms "work"and "work under this contract"include labor and materials required for the perfonnance ofthis contract. b.Written notice under this contract,shall be deemed to have been duly served when delivered in person to the individual or to a member ofthe finn or to an officer of the corporation for whom it is intended,or if sent by registered mail or by telegram to the Vendor/Contractor at the address shown herein,or to the Purchaser at the address shown herein to the attention ofthe person executing this contract. c.Failure of either party to this contract to enforce any provision of this contract shall not be deemed a waiver of such provisions or of subsequent failure to comply with any such provision. d.This contract may not be altered or amended in any way whatsoever,except in writing signed byboth ofthe parties hereto. e.This contract shall be construed,interpreted,and the rights of the parties detennined in accordance with the laws ofthe State ofCalifomia. End ofSection Page 14 SPECIFICATIONS METER REPLACEMENT -FY 2010 Specifications and Site of Work.Inspection of: It is the responsibility of the Bidder to carefully and personally examine the specifications and site ofthe proposed work,access to the work,aboveground and undergrolll1d utilities,buildings, structures or other improvements that may be within the limits of the work or adjacent to the work and which mayor may not be shown on the plans,public safety and traffic requirements and applicable penuits,ifrequired.Bidders are required to inspect the site of work in order to judge for themselves,by personal examination or by such other means,as they may prefer,ofthe location and as to the actual conditions of and at the site of work and the proposed work and the nature and extent of the work to be done.If,during the course of the site inspection a bidder finds facts or conditions which appear to conflict with the letter or spirit of the contract documents,or with any other furnished data,the bidder may apply to the District for additional infonnation and explanation before submitting a bid. Scope: The successful contractor (contractor)will provide the necessary labor,expertise,and tooling to retrofit up to 4,500 (four thousand,five hundred)existing %,and I-inch water meters to the District's RTR standard.The District's standard shall be provided during the mandatory pre-bid meeting and job walk identified within this invitation to bid.The work will require the replacement of the water meter (meter)and installation of RTR components within the meter box.In addition,installations may require the replacement/installation of ball valves,meter stops,meter registers,meter stops (under pressure),and/or meter boxes.For an amount estimated to be less than 50 units,the contractor may be required to replace meter saddles with District supplied meter stops. Traffic Control: Ifrequired,the contractor shall furnish all required permitting and install traffic control in areas affected by the work identified herein.Installation shall be in compliance with the Federal,State ofCalifornia,and local laws and regulations governing such work. Meter Location: The location of meters required to be retrofitted will be through maps that will be provided during a mandatory pre-bid conference as indicated in the published "Notice to Prospective Bidders"and within this invitation to bidders. Page 15 SPECIFICATIONS-Continued Contractor's Rejection of Work: The contractor will be allowed to identify and reject up to but no more than 2%ofthe meters identified within each area designated for retrofit.Rejected meters must be identified and the contractor must provide a list ofrejected meters and reasons for rejection to the District's project manager prior to the end ofwork within the specified area. Door Hangers The contractor may be required to post District supplied notice,on the address (residence or business)to which work is to be performed,not less than 24 hours nor more than 48 hours prior to the commencement ofwork affecting said address. Material: The contractor must provide all necessary materials,except those identified as supplied by the District,to complete the work.All materials supplied must be in compliance with District specifications contained within the "Water Agency Standards". Materials Supplied by District: The District will provide all meters,meter registers,meter boxes and lids,RTR devices and connectors,tubing,ball valves,meter stops,and meter gaskets as required to complete the work identified herein.It shall be the responsibility of the contractor to provide any miscellaneous materials,supplies,and equipment as may be required to execute the work identified herein. Inspection of Work: The District will assign a project manager to this work.The project manager shall act as the District's inspector for this project. Records: The Contractor shall keep a daily written log and shall provide a weekly spreadsheet ofthe work performed,including the meters rejected,problems noted,special work required,and breakages experienced.Copies of the Contractor's written log and weekly spreadsheet must be provided to the project manager prior to the end of work.Reports must be submitted no later than the Monday immediately following the week in which the work is performed.The District will not accept the work performed prior to accepting the written reports required under this specification. Page 16 SPECJFICATIONS-Continued When requested by the project manager;the contractor will be required to submit spreadsheets on a more frequent basis.In this event,the project manager will provide 48 hour notice of when requested spreadsheets are due. Warranty by Contractor: Contractor shall fully warrant all work and materials provided by the Contractor against poor and inferior quality or workmanship for a period ofnot less than 12 months from the District's final acceptance of work.Time is of the essence of this contract.Contractor shall repair or replace any inoperable materials or equipment in a timely manner during warranty period. -END OF SPECIFICATIONS - Page 17 OTAY WATER DUSTRICT Amended 6/11/09 CONTRACTOR'S BID FORM Submittal Deadline:10:00 am Thursday,June 18,2009 To:Otay Water District 2554 Sweetwater Springs Blvd. Spring Valley,CA,9]978 From:~Di.ttf'<.rer 5''i2..r YIC~.5·;Le- Name ofBidder S?l>yY.Plwv.o.b Lr.'-ry.-ITt£? Mailing AddressP...lH10 •nV f9,5-0 7 City.State &Zip The undersigned Bidder agrees he wiIJ contract with the Otay Water District to provide all necessary labor,supervision.machinery, tools,apparatus and other means of construction to do all the work and furnish aU the materials specified in the contract in the manner and time therein prescribed,and that he will take in full payment the amount set forth hereon. For METER REPLACEMENT -FY 2010 in its entirety,all Addenda,and the following documents by this reference are hereby made a part ofthis contract: 1.Notice to Prospective Bidders 2.Instructions to Bidders 3.Supplemental Terms and Conditions 4.Specifications 5.Bid Form 6.Contract 7.Performance Bond 8.Bid Security Bond 9.Bidder's Guarantee 10.Labor and Materials Bond 11.Contractor License Affidavit 12.Non-Collusion Affidavit 13.Bidder's Statement Regarding Insurance Coverage 14.Workers'Compensation Insurance Certificate Bidder acknowledges receipt ofAddenda Number(s)~~_,and _. ri CONTRACTOR'S BID FORM -Continued The cost ofall labor,material,and equipment necessary for the completion ofthe work itemized,even though not shown or specified,shall be included in the unit price for the various items shown hereon. The Otay Water District reserves the right to increase or decrease the quantity ofany item or omit items as may be deemed necessary and the same shall in no way affect or make void the contract.When increases or decreases are made,appropriate additions or deductions from the contract total price will be made at the stipulated unit price. Term:Any Contract awarded pursuant to this bid shall remain in effect for 5 years (initial year and 4 optional renewal years)unless terminated in accordance with the provisions provided within the tenus of the Contract. Price Increase:The annual Unit Price increase shall be tied to the San Diego Consumer Price Index for the prior year and shall become effective on July 1st ofeach year. Estimated Annual Oty Size 4500 J;""-1"Each Description ofWork Meter ReplacementlRetrofit Unit Price Unit Price Written in Words:~Twl!t:S...~a..~g,.--Lh-!W:~Q~Dollars, Cents. ~ward of Contract,should a contract be awarded,will be made to the responsible and responsive bIdder with the lowest Unit Price. Amount Written in Words.This bid will be awarded based upon the Unit Price bid as written in words.Where there is a discrepancy between words and figures,WORDS WILL GOVERN. Please check your calculations before submitting your bid;the Otay Water District will not be responsible for Bidder miscalculations.. Maximum Completion or Delivery Time: proceed. _9.,:..'..=0__Days from receipt of order or notice to Subcontractor Information.Does this proposal include the use ofsubcontractors?~(YfN) BIDDER'S GUARANTEE To Be Submitted With Bid The successful Bidder shall execute this guarantee upon execution of the contract.If they so choose,Bidder may execute this guarantee at the time ofsubmitting their Proposal. To the Otay Water District Project:Water Meter Replacement -FY 2010 The undersigned guarantees the construction and installation of the following work included in this project in accordance with specifications for: Invitation to Bid WATER METER REPLACEMENT -FY 2010 Submittal Deadline:10:00 am,Thursday,June 18,2009 Should any of the materials or equipment prove defective or should the work as a whole prove defective,due to faulty workmanship,material furnished or methods of installation,or should the work or any part thereof fail to operate properly as originally intended and in accordance with the contract documents,due to any ofthe above causes,all within twelve (12)months after date on which this contract is accepted by the atay Water District,hereinafter called District,the undersigned agrees to reimburse the District,upon demand,for its expenses incurred inrestoring said work to the condition contemplated in said project. Said reimbursement shall include the cost of any such equipment or materials replaced and the cost ofremoving and replacing any other work necessary to make such replacement or repairs,or upon demand by the District,to replace any such materials and to repair said work completely without cost to the Otay Water District so that said work will function successfully as originally contemplated.The District shall have the unqualified option to make any needed replacement or repairs itselfor to have such replacements or repairs done by the undersigned.In the event the District elects to have said work perfonned by the undersigned,the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the District.If the undersigned shall fail or refuse to comply with his obligations under this guaranty,the District shall be entitled to all costs and expenses,including attorney's fees,reasonably incurred due to the said failure or refusal.~Qci.(}c.,Met-cr S~y-~c-e.5 ,ke Name ofBi e 0 tractor (Person,Finn,or Co'rporation) I Signatu ofBidder/Contractor's Authorized Representative~c..l.<flo bb 7re4s......C!;'-- Name &Title ofAuthorized Representative f;-IG-dj Date ofSigning Page 27 .-Bond No.REC20158 Premium:$3,710.00 WESTERN INSURANCE COMPANY PERFORMANCE BOND The American Institute of Architects,AlA Document A311,February 1970 Edition. KNOW ALL MEN BY THESE PRESENTS:that Pacific Meter Services,Inc.as Principal,hereinafter called Contractor,and,Western Insurance Company,a corporation of the State of Nevada,with its Head Office at Reno,Nevada,hereinafter called Surety,are held and firmly bound unto Otay Water District as Obligee, hereinafter called Owner in the amount of .*1o One Hundred Forty Eight Thousand Four Hundred Four and 001100 1o*($148,404.00), for the payment whereof Contractor and Surety bind themselves,their heirs,executors,administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS,Contractor has by written agreement dated ,entered into a contract with Owner for Water Meter Replacement FY2010,Spring Valley,CA ,in accordance with Drawings and Specifications prepared by .which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that,ifContractor shall promptly and faithfully perform said Contract,then this obligation shall be null and void;otherwise itshall remain in full force and effect. The Surety hereby waives notice ofany alteration orextension of time made by the Owner. Whenever Contractor shall be,and declared by Owner to be in default under the Contract,the Owner having performed Owner's obligations thereunder,the Surety may promptly remedy the default,or shall promptly . 1)Complete the Contract in accordance with its terms and conditions,or 2)Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,and upon determination by Surety of the lowest responsible bidder,or,if the Owner elects,upon determination by the Owner and the Surety jointly of the lowest responsible bidder,arrange for a contract between such bidder and Owner,and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price;but not exceeding,including other costs and damages for which the Surety may be liable hereunder,the amount set forth in the first paragraph hereof.The term "balance of the contract price,"as used in this paragraph,shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto,less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1)year from the date of substantial completion. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs,executors,administrators or successors ofOwner. (Wi'ne,,) 141h day ofAugust,2009. ;..;Pa""c""ifi",-=~,-=~=*",~f'--(Principal) By:_~oc::.-,--,,--,r.=..~_ Performance Bond Revisedfo Februl!lY.1970 SOWOO1ED.2/94 Bond No.REC20158 Premium:incl.in Performance Bond WESTERN INSURANCE COMPANY LABOR AND MATERIAL PAYMENT BOND The American Institute ofArchitects,AlA Document A311,February 1970 Edition. THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS:that Pacific Meter Services,Inc. as Principal,hereinafter called Principal and,Western Insurance Company,a corporation of the State of Nevada,with its Head Office at Reno,Nevada,hereinafter called Surety,are held and firmly bound unto Olay Water District as Obligee,hereinafter called Owner for the use and benefit of claimants as herein below defined,in the amount of ***One Hundred Forty Eight Thousand Four Hundred Four and 00/100***(***148,404.00.....)for the payment whereof Principal and Surety bind themselves, their heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,Principal has by written agreement dated,entered into a contract with Owner for Water Meter Replacement FY2010,Spring Valley,CA in accordance with Drawings and Specifications prepared by which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW THEREFORE THE CONDITION OF THIS OBLIGATION is such that,if Principal shall promptly make payment to all claimants as hereinafter defined,for all labor and material used orreasonably required for use in the performance ofthe Contract,then this obligation shall be void;otherwise it shall remain in full force and effect subject; however,to the folloWing conditions: 1.A claimant is defined as one having a direct contract with the Principal or with a Subcontractor ofthe Principal for labor,material,or both,used or reasonably required for use in the performance ofthe Contract,laborand material being construed to include that part of water,gas,power,light.heat,oil.gasoline,telephone service or rental ofequipment directly applicable to the Contract. 2.The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined,who has not been paid in full before the expiration of a period ofninety (90)days after the date on which the lastofsuch claimant's work orlabor was done or performed.or materials were furnished by such claimant,may sue on this bond for the use of such claimant.prosecute the suit to final judgment for such sum or sums as may be justly due claimant,and have execution thereon.The Owner shall not be liable for the payment of any costs orexpenses ofany such suit. 3.No suit or action shall be commenced hereunder by any claimant a)Unless claimant,other than one having a direct contract with the Principal,shall have given written noti~e to any two of the following:the - Principal,the Owner,or the Surety above named,Within ninety (90)days after such claimant did or performed the last ofthe work or labor,or furnished the last of the materials for which said claim is made.stating wilh substantial accuracy the amount claimed and the name of the party to whom the materials were furnished,or for whom the work or labor was done or performed.Such notice shall be served by mailing the same by registered mail orcertified mail,postage prepaid,in an envelope addressed to the Principal.Owner or Surety.at any place where an office is regularly maintained for the transaction of business,or served in any manner in which legal process may be served in the state in which the aforesaid project is located,save that such service need not be made by a public officer. b)Afterthe expiration of one (1)year following the date on which Principal ceased work on said Contract,it being understood,however,that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c)Other than in a state court of competent jurisdiction in and for the county or other political SUbdivision ofthe state in which the project,or any part thereof,is situated,or in the United States District Court for the district in which the project.or any part thereof,is situated.and not elsewhere. 4.The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder,inclusive ofthe payment by Surety of mechanics'liens which may be filed of record against said improvement,whether or not claim for the amount of such lien be presented underand against this bond. Pacific Mt~rv" __--J\kJ4.~~~fU1!-['.L;....,,_-----(Seal) /(Principal) (Title) Western Insurance Company (Surety) ~.~I,~-F'.-c~t-- Labor and Matenal Payment Bond Revised to February .1970 BDWOOlA.£D.2154 325025 SS: REC20158 WESTERN INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That WESTERN INSURANCE COMPANY,acorporation organized and existing under the laws ofthe State ofNevada and having its principal office at the City of Reno,in the Stale ofNevada,does hereby constitute wid appoint Dick L.Rottman,Jeffrey P.Shaffer,Bradley A.Pearce, R.Scott Rottman,Cynthia D.Ben,Karen Corbin.Christie Elliott Ofthe STATE OF NEVADA its true and lawful Attorney(s)-in-Fact,each in their sepazate capacity ifmore thanone is named abQve, to sign its name as surety to,and to execute,sealand acknowledge any and al1 bonds,undertakings,contracts andother wri~en instruments in Ihe nature thereofon bel1alfofthe Company in its business ofgU8ranlCeing the tideJity ofpersons;guaranteemg the perfonnance ofcontracts;and executing or guaranteeing bonds lind undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof,the said WESTERN INSU1MNCE COMPANY has caused this instrument to be sealed with its cotpurate seal,duly attested by the signatures ofits President and Secretary,this 19th day ofJune,2006. WESTERN INsURANCECOMPANY (Signed)By ~~~,~:::::=_..-~President (Signed)By t'M~4 Jr4 Secretary STATE OF NEVADA) COUNTY OF WASHOE) On this 19th day ofJune,2006,before me personally came DICK L.RO N.PRESIDENT of the WESTERN INSURANCE COMPANY and CAROL B.INGALLS,SECRETARY ofsaid ,with both ofwhom 1am personally acquainted,who being by me severally duly sworn,said,that they,the sal L:.ROTfMAN and CAROL B.INGALLS were respectively the PRESIDENT and the SECRETARY ofthe ~'d~E S~li:~COMPANY,the corporation described in which executed the foregoing Power ofAttorney,that they e ~'tI1e se~lof'~ration;that the seal affixed to said Power ofAttorney was such corporateseal,that it was so affix b)lo'QT erofthe B lrec~rsJ:.~d cOTpOration,and that they signed their names thereto by like order as PRESIDENT TARY r ely,of~~Y, MyCommissionexpiresthc31st .h,20]O~ ..r."-"'"'''-PAmiCiA*TSON''1~~)~.1'&.~ i ~:::z.:~~~~,;it'"r<-:iaA.Letson Notary Public !..Na.os.1~3H u~~I.;a:uo i ~~-). This pow~:;~::~-:~:';~-;:~\\~y authority ofthe follo~ing Resolution~adopted by the Board ofDirectors ofthe WESTERN INSURANCE COMPA~lune 19,2006. RESOLVED,that in connection with the fidelity and surety insurance business ofthe Company,all bonds.undertakings, contracts and other instruments relating to said business may be signed,executed,und acknowledged by personOr entities appointed as Attorney(s)-in-Fact pursuant to a Poweror AUorney issued in accordance with theseresolutions.Said Power(s)ofAttorney for and on behalf ofthe Company may and shall be executed in the name and on behalfofthe Company,either by the Chairman,or the President,or a·Vice President,jointly with ,the Secretary,IInder their respective designations.The signature ofsuch.officera may be engraved,printed or lithographed.The signature ofeach ofthe foregoing officers and the seal ofthe Company may be affIXed by f~csimile to any Power ofAttorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only ofexeeuting and attesting bonds and undertakings and other writings obligatory in the nature thereof,and ,unless subsequently revoked and subject to any limitations set forth therein,any such Power ofAttorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified bysuch facsimile signatute and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED,that Attomey(s)-in-Factshall have tm:power and authority,unless subsequently revoked and,in any case, subject to the teons and limitations ofthe Power ofAttorney issued to them,to execute and deliver on behalfofthe Company and to attach the seal ofthe Company to any and aU bonds and undertakings,and other writings obligatory in thenature thereo f,and any such instrument executed by such Attomey(s)-in.Fact shall be as binding upon the Company as ifsigned by an Executive Officerand sealed and attested to by the Secretary ofthe Company. I,CAROL B.ING~S,Secretary ofthe WESTERN INSURANCE COMPANY,do hereby certifY that the foregoing is a true excerpt from the Resolution ofthe said Company as adopted by its BoardofDirectors on June 19,2006 and thatthis Resolution is in full force and effect. I.the undersigned Secretary ofthe WESTERN INSURANCE COMPANY do hereby certifY that the foregoing Powerof Attorney is in full force and effect and has notbeen revoked. 14th In Testimony W.hereof,rhave hereunto set roY.hau.d and the seal ofthe WESTERN INSURANCE COMPANY on this day of August ,:lOO,.ff_~W-~~~4~L~.~4L- .,.Secretary ALL-PURPOSE ACKNOWLEDGEMENT State of Nevada County of Washoe On __8=/-,-14"",-/O.=...;9,,--~_before me,Leah M.Beaudette (Notary) Notary Public,personally appeared._-=C..:yn~t."..h~ia,-=D::;-:.-=B::.=e~II_...,,--_-..,-__ Name(s)ofDocument Signer(s) Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s).or the entity upon behalf of which the person(s)acted.executed the instrument WITNESS my hand and official seal fua..-h 'h1.~ Signature ofNotary i Wflrt..hUlh.'IIT.".lIln•••lIlIuln'"tt..IIIIPI U ..'..IIt1MU urUhUut i :.LEAH M.8EAUDETIe ii,Not~ry P~blic -State clNevada ! !- .AppOtnlm~r,Pe,"~j'C~d in W~"h".C County ii.-..No:05·1G1Yt97-~-t:xp:r~(IcllJtlar 12 2009 ~ IIIIUo,uu••"'""uIUn'"'''''''UI1lUIIIIIIII'J1IIIItI'''U'IUI'U'Ioll":""""'''¥ (Affix seal in the above blank space) CONTRACTOR LICENSE AFFIDAVIT BUSINESS AND PROFESSIONAL CODE §7028.15: "A licensed contractor shall not submit a bid to a public agency unless his or her contractor's license number appears clearly on the bid,the license expiration date is stated,and the bid contains a statement that the representations made therein are made under penalty ofperjury. Any bid not containing this information,or a bid containing information which is subsequently proven false,shall be considered nonresponsive and shall be rejected by the public agency." State ofCalifomia) County ofSan Diego)as ) \,)o.c.k 'RDbb being first duly sworn,deposes and says that he is ¥~ -,-ortbcl£('\I\R\e~~\(Q:\"]ih:e party making the foregoing bid,is a licensed contractor and understands the infoffilation shown below shan be included with the bid and understands that any bid not containing this information,or if this infonnation is subsequently proven to be false,shall be considered non-responsive and shall be rejected by the Otay Water District q 13 ;).05 A-.JeViercJl Ey\.8/#eev~4-30-~/)JID (State License Number and Classification)(License Expiration Date) I certify under the penalty ofPeIjury under the laws ofthe State ofCalifomia that the foregoing is true and correct. Subscribed at: ,20~ rlt.tll~IJ""'II"""'";"11.11"......11'"10....".....01'10"'"11"'......."•••"".... i e'KIMBERLY ANDERSON ii""'.Notary Public·Stateof Nevada i •~A'R •i..ppOlnlment ecordedin WashoeCounty !J'No:07-1535-2-Expires January30.2011 !~'...."'..,..,HI..IlUIII••U."Utl..,l1..,.."nn..,Ultlnl..."..".l""'I.,..nn,,; NOTARY TO AFFIX SEAL AND CERTIFlCATE OF ACKNOWLEDGMENT 4'1<1......,eo>...J.>{)..,L.·..J.W~~~'~ce~N::...3.\J-3-_ (City)(COlUlty)(State) on -Jure 15 (Date) '1'1320$Co.hfcm\4.-A-0.en Baa (State License Number and Classification)U &=L>\,t)·JU.unb Ln ::tl:j.S1 (Address) -=-J&.n=-~O~N'J '6Cf3:fJ (City)(State)(Zip Code) '&51·-i51 to (Telephone Number) Page 30 STATE OF CALIFORNIA QContrartors ~tate lLttttlse rsoarb Pursuant to Chapter 9 of Division 3 of the Business and Professions Code and the Rules and Regulations of the Contractors State License Board, the Registrar of Contractors does hereby issue this license to: PACIFIC METER SERVICES INC to engage in the business or act in the capacity of a contractor in the following c1assification(s): A-GENERALENGThrnEUNGCONTRACTOR 13L·24 (REV.12-07)e OSP07105460 Witness my hand and seal this day, April 2.2008 Issued April ~2(){11 This license is theproperty ofthe Registrar ofContractors, is not transferrable,and shall bereturned to the Registrar upon demand when suspended,revoked,or invalidated for any reason.It becomes void if notrenewed. 913205 License Number ALI:IIT "0:.al1J2 I I DEAN HELLER S«rc1oryofSllJle RENEE L.PARKER ChleJl:Nptlty &cretaryofSlute PAMELA RUCKEL Drputy&r:molJ' for Sou/hem NtwIda STATE OF NEVADA OPFICE<XlTIIE SECRETARYOF stATE Certified Copy O/ARLESE.Mcx:K?E &am'tksADmi'nutralor Sa:J1TlI7.ANDERSCN DeputySecn:lary jorCOfWfJUCwlReawding$ ELLlCKHSU DeputySecrel01J' fCJl"Elections August 15,2006 Job Number:C20060814-2692 Reference Number: Expedite: Through Date: The undersigned filing officer hereby certifies that the attached copies are true and exact copies of all requested sta1ements and related subsequent documentation filed with the Secretary of State's Office,Commercial Recordings Division listed on the attached report. Document Number(s) 20060519017-21 Description Articles ofIncorporation Number ofPages 3 Pagesll Copies Respectfully, DEAN HELLER ByJ=~ Certification Clerk Commercial R~ordiDg Division 202N.Carson Street Carson City,Nevada 897014069 Telephone (775)684-5708 Fax (775)684-7138 CORPORATE CHARTER I,DEAN HELLER,the duly elected and qualified Nevada SecretaryofState,do hereby certifY that PACIFIC METERSERVICES,INC.did on August 14,2006,file in this office the original Articles ofIncorporation;that said Articles ofIncorporation are now on file and ofrecord in the office ofthe Secretary ofState ofthe State ofNevada,and further,that said Articles contain all the provisions required by the law ofsaid State ofNevada. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the Great Seal ofState,at my office on August 15.2006. DEAN HELLER By ~W~ Certification Clerk ',~._=.=-=._.=:::::::::::::=========..=:=::£A Au~07 09 12:02p Carl Walker Pacific Meter 8088754434 p.l (PIt:;-c.&0 -7.:L '71.- SERVICES,INC Fax Cover Sheet To:Francisco Pedrln From:Jack Robb Attached is a copy I printed from the State of Nevada Secretary ofState web site. Aug 07 09 12:03p Carl Walker Pacific Meter 8088754434 .cUULJ UI;I.:lUlS -':>1;;~D::L.<lCY VI .:>Ull!;;)!~~vaua PACIFIC METER SERVICES,INC p.2.rage 1 or 1. Business Entity informatior:-----_..----,.-- 1 Status:Active File Date:8114120065:00:09 PM I I Type:Domestic Corporation Corp Number:E0602522006·0 i I Qualifving State:NV List of Officers Due:8131/2010 i I !Expi.~~io.Q Date:I M~naged ~y;_I r.._......---.0"-_••.J Beg~ste.r.~ct A.~ent Information ._- SIERRA CORPORATE Address 1:100WEST LIBERTYSTREET \ Name:SERVICES·RENO 10TH FLOOR l Address 2:City:RENO , ,State:NV Zip Cede:89505 I Phone:Fax:, ; I Mailing Address 1:Mailing Address 2: Mailing City:Mailing State:NV i ;Mailing Zip Code:, !Agent Type:Commercial Registered Agent·Corporation I I .Jurisdiction:NEVADA Status:ActiveI .JL-...•.- Financial lnformatior: I l'~o Par Shars COllnt:125,000.00 I Capital Amount:I$0 I ;~stock ~~fou~d.~rth.is ~pa"-¥!--_......_-_..•-,-.---_.-,.-.....~..I Officers :_:Include InactiveOfilcers :President.JACK ROBS j I,100 WEST LIBERTY STREET,10TH I;Address 1:Address 2:FLOOR I !City:RENO State:NV !Zip Code:89501 Country:USA ; I Status:Active Email:; ,Director -JACK ROBB Address 1:100 WEST UBERTY STREET,10TH ! !FLOOR Address 2:\ I i City:RENO State:NV Zip Cods:89501 Country:USA Status:Active Email:,, !Treasurer·JACKROBS i Adcl,"ess 1:100 WEST LIBERTY STREET,10TH Address 2:i FLOOR ! c~.:RENO State:NV I Zip Code:89501 Count;y:USA j Status:Active Erna!!:i I Secretary.RIQUE ROBB I Address 1:100WEST LIBERTY STREET.10TH Address 2:i,FLOOR I !I City:RENO,state:NV,Zip Coda: ,,89501 Country:USA '!:St:JtUG:Active Email:I ;Oirector •RIQUE ROBS r 11l)Q WEST L.IBERTY STREET.10TH I I IiI1 h1ip~;lIesos.stnte.nv.us/SOSScrviccs/AnooymousAccessiCorpSea.rchIPrintCorp.aspx'llx8nvq...81712009 Au~07 OS 12:03p Carl Walker Pacific Meter 8088754434 .cllU~Y UI<UU1:>•.:It:Clt:U:Uy Ul .:lWLt:,1'1t:vaua p.3rage.t.01 ~ :::"ddress 1:FLOOR C\~,:RENO Zip Coda:89501 Status:Active Adaress 2: State:NV Country:USA Email; Actiol1s\Amendments I-_···-"-Acti~nTy'pe:""Articiesof Incorporation I Document Number:20060519017-21 ,:#of Pages:13 i !File Date:08/1412006 I Effective D'lte:I 1 jlnitial Stock Value:No Par Value Shares:25,000 ------__________._Total Authorized ,Capital:$0.00,Action Type:Initial List :Doc!.lmer.t Number:20060588526-65 I #of Pages:11 I File Date:I EffectIve Date:I ,,09/1312006 ! !lNo notes Fot thisaction} AcHonType:Annual List ,, :Document Number:20070561035·59 I #of Pages:11 i File Date:08/15/2007 I Effective D6te:I I, ~(No notes forthisaction)i I Action Type:Annual List IiDocumentNumber:20090016884-18 1 #of Pages:11 ! j File Date:0111212009 I Effective Date:1 : IINo notes forthis action) I Action Type:Annual List I Document Number:20090588423·51 I #of Pages:I2 File Date:07131/2009 1 Effective Date:I li!~o.~~~~~.!,?_~~i~actio.,>...._--..._...,.__m.··_.........•..,_..."--._..-....-..~..---.-_.-- http!tllc~O~t~tJ)tc.nv.1J~/SOSServicesfAnonymousAccesslCorpSe~blPrintCorp.aspx?lx8nvq...817/2009 Aug.31.2005 IO:46AM RAVE FAMILY FOUNDATION Fax Cover Sheet F acit,c Meter Services ''0 West flumh Lane R.eno,NV 89'09 Jack Robb 7n-B+8-~6,7 No.4965 p.1/4 Sendto,frilnci:sco redrin from.R.i~ueR,obb Attention::F~andl!eoredrin Date.AI,l$l,lst 10,2.009 Fax Number.619~66o-7~n T ota]p.9ges,,ncludmgGover,4 Comment.., Fleasb see the attached document~statingthe status o~ownership_ Flcase contaetJack Kobb at:77;-848-,6,7 or Facitic MeterServices Legal Counsel Mieha;l f sgni at 775-788-.2000 with an.:;additional 9uestions. Thank!jou, Ri9ue R..obb Aug,31,2005 10:0AM RAVE FAMILY FOUNDATION No.4965 p.2/4 $ McDONALD-CARANO-WILSON; MichaelA.T.Pagni,Partner mpagni@mcdQna/dcarano.com August]0,2009 ViaPkkUp Rique Robb Secretary Pacific Meter SeJ:Vi.ces Re:Pacific Meter Services OUT File NQ.:12660-1 Dear Ms.Robb: Reply to:Reno Set forth below is a summary ofthe current status ofownership and control ofPacific Meter Services,Inc.,a Nevada corporation ("Company")as ofAugust 10,2009: The Company was organized on August 14,2006 when Articles of Incorporation were filed with the Nevada Secretary ofState.At the time of fonnation,Jack Robb,Michael Howard, and Eric Petersen were the sale shareholders of the Company.Each subscribed for and were issued 100 shares of conunon stock in the Company pursuant to Stock Certificates issued on August 25,2006. Mr.Robb,Howard and Petersen were initially the directors and officers ofthe Company. On or about December 31,2008,Mr.Petersen sold all of his shares in the Company to Robb and Howard.Effective December 31,2008,Mr.Petersen resigned his position as director and officer of the Company.As of January 1,2009,aU of the outstanding shares of the Company were owned equally byMr.Robb and Mr.Howard,each holding 150 shares. On or about July 1,2009,Mr.Howard then sold all ofms shares in the Company to Mr. Robb.Effective July 1,2009,Mr.Howard resigned his positions as director and officer ofthe Company.As ofJuly 1,2009,all ofthe outstanding shares ofthe Company were O'vued by Mr. Robb,and Mr.Robb was appointed sale director,and President and Treasurer of the Company. Rique Robb was appointed Secretary ofthe Company. 100 "YEST LIBERTI ST ,101'H FLOOR RENO,NEVADA 89:>01 EO BOX 2670.RENO,NEVADA 89~05 77':J-7e8-~OOO •FM ""'-788-20:20 2300 WEST SAHARAAVENUE SUITE 1000 LAS veGAS.NEVADA 89102 702-873-4100 fAX 70~-673-99Q6 Aug.31.2005 1G:47AM RAVE FAMILY FOUNDATION No.4965 P.3/4 t$ N1cDONALD-CARANO'WILSON~ Rique Robb August 10,2009 Page 2 As ofAugust 10,2009,Jack Robb is the sale shareholder ofthe Company.Jack Robb is also the sole director;and also acts as President and Treasurer of the Company.Rique Robb is the secretary of the Company.This infonnation was updated in the Nevada Secretary ofState's website on July 31,2009 by Document No.20090588423~51. Please feel free to contact me should you have any questions. Sincerely,~2::~\t~ MATP:mn Enclosures A,ug,31.2005 IO:47AM RAVE FAMILY FOUNDATION No.4965 p.4/4 Wl.U'ITEN CONSENT IN LIEU OF SPECIAL MEETING OF THE BOARl>'OF DIRECTORS OF PACIFIC METER SERVICES,INC., a Nevada corporation The undersigned)being the sole Director of PAClFIC :MJJ:TER SERVICES, INC.,a Nevada corporation (the "CoXporationll),hereby waives notice of the annual meeting of the board of directors of the Corporation and consents,pursuant to NRS 78.315,as amended)to the following as the due and proper actions by the Board of Directors of the Corporation with th~same force and effect as if they were adopted by 'Vote at aformal annual meeting convened for such pmpose pursuant to notice: RESOLVED:That the following individual is elected to the offiGe set forth next to thei!'respective names to serve until the titne :set for the neA't annual meeting of the Board ofDirectors,or until the respective successor for each such officer is duly elected and qualified: President Secrew:y Treasurer JACK ROBB RIQUE ROBB JACK ROBB RESOLVED:That aU actions of the Board of Directors and of6.cers of the Corporation taken :from time.to time since the last meeting of-the Board of Directors are hereby ratified,confumed and approved in their entirety; IN WITNESS WBEREOF.I have hereunto executed.this Written Consent as of July 1,2009.declaring and certifying that the facts stated above .lin:·ITJlII: BY: The Wldersigned certifies that the directors signing tins consent are all of the members ofthe Board ofDitectors of PACIFIC METER SERVICES~INC.and that this consent has beenaccepted for filing in the corpor files as ofJu1 ,009... Non-Collusion Affidavit In accordance with Public Contract Code §7106,thefollowing Affidavit must be executed by Bidder andsubmitted with bid. Non-Collusion Mfidavit To Be Executed By Bidder and Submitted With Bid WATER METER REPLACEMENT -FY 2010 Submittal Deadline:10:00 am,Thursday,June 18,2009 State ofCalifornia County ofSan Piego ss. J6<..K {2,,0 ,being fIrst duly sworn,deposes and says that he or she (Name)0.1.1 is J;;vy~"""=_~of~.cfn~€"..s:.e"'f"~;'!'J'the party (bidder)submitting the Title Name ofCompany foregoing bid that the proposal is not made in the interest of,or on behalf of,any undisclosed person,partnership,company,association,organization,or corporation;that the bid is genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid,and has not directly or indirectly colluded,conspired, connived,or agreed with any bidder or anyone else to put in a sham bid,or that anyone shall refrain from bidding;that the bidder has not in any manner,directly or indirectly,sought by agreement,communication,or conference with anyone to fix the bid price of the bidder or any other bidder,or to fix any overhead,profit,or cost element of the bid price,or of that of any other bidder,or to secure any advantage against the public body awarding the contract ofanyone interested in the proposed contract;that all statements contained in the bid are true;and further, that the bidder has not ,directly or indirectly,submitted his or her bid price or any breakdown thereof,or the contents thereof,or divulged infonnation or data relative thereto,or paid,and will not pay,any fee to any corporation,partnership,company association,organization,proposal depository,or to any member or agent thereof to effectuate a collusive or sham bid. (Date) f()..,L1"f:c-ptjetey5te"'('::'~ Bidder Name (Person,Firm,Corp.) s5iJ VV.f(~L~#4S/ Address f!.wvo ny f'lS~J City,State,Zip Signed at Mace) tV? AutifOrized Representative Representative's Name Representative's Title End ofSection Page 31 BIDDER'S STATEMENT REGARDING INSURANCE COVERAGE To Be Submitted With Proposal PROPOSER HEREBY CERTIFIES that the Bidder has reviewed and understands the insurance coverage requirements specified in the Invitation to Bid -WATER METER REPLACEMENT- FY 2010,Submittal Date:June 18,2009.Should the Bidder be awarded the contract for the work,Bidder further certifies that the Bidder can meet the specified requirements for insurance, including insurance coverage of the subcontractors,and agrees to name the Otay Water District as Additional Insured for the work specified. rson,Firm,or Corporation)' Signat eo Bidder's Authorized Representative J:c t<Qo.l/;TretA-~u--rer Name &Title ofAuthorized Representative Date ofSigning Page 32 .....,.--...'.. ACORD..CERTIFICATE OF LIABILITY INSURANCE OP 10'DF \DA1l'IIlIINOUIYYY'1'I ,l?1I.CMEl'l'1 07/30109 PRODUCER ,THIS CERTIFICATE IS ISSUED AS AMAnEROF INFORMATiONaNt.YAND CONFERS NO RIGHTS UPON THE CER.TIFICATE A and H Insurance1 Inc.HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR PO Eox 7340 ALTE!R THE COVERAGIO AFFORCeD BY THe POUCIES BELOW. Reno ~B95l0 Phone:775-B29-2600 Fax:775-829-2607 INSURERS AFFORDING COVERAGE NAte#- INSUR~D INsURERA::ElMe Insurance Compah.ies INSURERIl:~ower Insurance Co c£NY Pacific Meter services,Inc IllSUREl\c: 550 W.J?~'UIllb Lane lNSURai D:Reno NV 89509 INSURERE: COVERAGES CANCELLATIONITSHLOER THEPOLICIESOFINSURANCE llSTEO BELOW HAVE IlEEN ISSUEDTOlMCINSURED NAMEll ABOVEFORTtll:POllOYPERIOD INDICATeD.NOTV'imlSTANOING ANYREQUIREMENT,TeRM DR CONDrT/ON OF ANYCON1AACTOR OTHERDDCUMENTWrTHRESPECTTOWliICHlHlsCERllFlCATEMAY BE ISSUED OR MAY PERTAIN,THE INSURANCEAFFORllEO BYlHEPOLICIES DESCRIBED HEREIN IS &\JIl,JECTTO AllTtlEiEIlMS.exCLUSIONS AND coNotnONS OFsUCH POWCIES.AGGREG/,n;lIMITSSHOWNM/lYHAVE aEEN REDUCED BYPIIlD ClJIIMS. em NSR 1l'PI:OFINSUfiANC::S ,POUeYl'IUMBER 'O"A~TMMFd'&'rWl"DATE'IMIdIlJOJY'ii'LIMITS GENEI'iAL UAlIILITY EACH OCCURRENce sl,OOO,OOO-3X89484 OS/22/09 OS/22/10 I~REMISES lEn nl:l:U'1onOllI IslOO,OOOAX·COMMERCIALGENERALlIABILITY-'-=:J cLAIMS MACE ~OCCUR S 5,000-MED EXP (AnyDna petlDnl PERSONAL UrN INJURY 31 000,000 -----'GENERA~AGGREGATE s2,OOO 000. ~'LAGG~n~~APnS PER:PROQUC1S-POMP/OP ASS 52,000,000 POtICY reeT Loe .... AUTOMOBILE!LIAEIILITY I- '1 cOMllINED BINGLELIMIT sl,OOO,OOOAWfAlITO~X89484 OS/2.2/09 OS/22/10 (Eu:cldl!lll) l- I--AU.OWNED AUTOS BODILYINJURY,~SCHECULeO AuroS (Perper.lIl11)&: ~HIREOAlJl'OB BOOILYINJURY ~NON·OWNED AlITOS (Par-=clcl.nll S I'ROPSmDAMAGE[1'81=unll S.. RRAGE lIABILITY IIlIToONLY·I!A ACCIOENT $ RlYAUTo OTH~TH¢N !:Alice s AUTOONt.:;AGS S, , El(cESSIdM8ReLLA UAaILIrY EACH OCCURRENCE s5,OOO,llOO 11.I!J OCCUR 0 Cl.AJMS~MOE 3X894B4 OS/22/09 OS/22/10 AGGREGATE 55,000 ,000 sRDEDUCTIBLE; RETENTION 5 S "WORKIiiRS COMPENSATIONAND X IT~W/~~Ws I IU~~'EMPlOYERli'lJABIL.rrYElANYPRDPAIETORIPARTI'IERlEXECUnve.WCNOOO1227 OS/22/09 OS/2.2/10 EL EACHACCIDEllT s1 ,000 000OFFICERI/JalOER EXCLUOED?NEvADA &CALIFOl1N:tll E.L DISEASE·EAEMPLO~EE s 1 000 000~~~iJ~t"wA~"v~tshulmy ELolSEASE-POLICY LIMIT S1 000 000OTHeR DE5CRIP~D~OF OPEllAllDNSI LOCATIONS IVI!HICLeS,EXCLUsiONSliDDEDBYelDORSIiiMENTISPSClALPllcVlslONS Certif~cate Bolder is named as'Additiona1 Insured with respect to Gliltlera1 Liability as per attached foxm CG7174 (01/08)regaxdinSp Water Meter Replacement -FY 2010 *10 Days Notica of Canoellation for Non-Payment. CERTlFCA 0 otay Water District 2554 Sweetwater Sp=1ngs Blvd. Spring Valley CA 91978 ACORD 2512001/08) OTAWATD liltCULD/IllYOl'THE ASOIIEDESCRlaeD pOUCIES ae CANCELUD BEFORETHEElU'IRATION DI\1I!Tlt'ERIlDF,THEISSUING INSURERWILL~MA1L ~OAYSWRmEN NOTlCETOTli&CERTlFICAlEHOLDER NAMEDiO THE l£FTolt!H~ ~~ IDACORO CORPORATION i/lBa COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY.PLCASE READ IT CARE:FULLY. BLANKET ADDITIONAL INSURED -CONSTRUCTION CONT.RACTS This endorsement modifies the Insurance provIded under the following: COMMERCiAL GENERAL LIABILITY COVERAGE PART A.SECTiON II -WHO IS AN INSURED Is amended to Include as an additional insured any person or organization for whom you are performing operations when you have'agreed In wrlUng In a contract or agreement that such person or organization be added as an°addltlonal Insured on your polley.Such person or organlzaUon Is an additIonal Insured only wllh respect to "ability for "bodily InJury","property damage"or "personal and advertising Injury"caused,In whole or In part,by: 1.Your acls or omissions;or 2.The acts or omIssIons of those aoUng on your behalf,. In the performance of your ongoing operations for the addlUonallnsured. A person's or organizatIon's slalus as an additional Insured under this endorsement ends When your operations for that addillonal Insured are completed. a.With respect to the Insurance afforded to these addltlonal Insureds,the following additional exclusIons apply: This Insurance does not appiy fo: 1."Bodily injury,"·property damage"or "personal and advertising Injury"arising out of the rendering or failure to render,any professional archllectural,engineerIng or surveying services,includIng: a.The preparlng,approving,or failing to prepare or approve maps,shop drawings, opinIons,reports,surveys,fleld orders. change orders'or drawings and specifications;or b.SupervIsory,Inspecllon,archltecturel or engineerIng activities. 2."Bodily Injury"or "property damage"occurring after: a.All work,InclUding materials,paris or equipment furnished In connection wUh such wark,on the project (ather than service.maintenance or reparrs)to be performed by or on behalf of the addlHonel lnsured(s)at the location of the covered operations has been completed;or b.That portIon of·yourwork"out of which the Injury or damage arises has been put to Its Intended use by any person or org;anlzatlon olher than another contractor or subcontraclor engaged In performing operations for a principal as a part of the same prolect. C.The limits of lnsuranGe applicable to the addlllonal insured are those specified In the Deolarallons of thIs pancy or In the written contract or written agreement,WhIchever Is lower. D.Any coverage prOVided hereunder shall be excess over any other valid and collectlble Insurance available to the addlllonal Insured Whether fual Insurance Is primary,excess,contingent or on any other basIs,unless you and the additional insured have specifically agreed In a wrltten contract or written agreement thaI this insuranoe be prlma!y. Whoen coverage Is provided on a prlmary basls we will not seek contribution from any other Insurance available to the addltfonal Insured If a written contracl or Written agreemenl requires that thIs Insurance be noncontributory. Eo All other tems and conditions of lhis polley remain unchanged. CG717~(1-08)InclUdell copyrlghteil materIal Df ISO f'roperllllll.lnc.with Its permission.paga 1off IMPORTANT If the certificate holder is an ADDITIONAl..INSURED,the pollcy(les)must be endorsed.A statement on this certificate does no~confer rights to the certificate holder In Ileu of such endorsement(s). If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy.certain policies may require an endorsement.A statement on thIs certificate does not confer rights to the certificate holder In [leu ofsuch endorsement(s). DISCLAIMER The Certrflcate of Insurance on the reverse side cfthls form does not constitute a contract between the ]ssulnglnsurer(s),authorized representative or producer,and the certificate holder,nor does It affirmatively or negatively amend,extend or alter the coverage afforded by the p'olicles Ilsted thereon. ACORD 25 (2D01/08) WORKER'S COMPENSATION INSURANCE CERTIFICATE The Bidder shall execute the following form as required by the California Labor Code,§1860 and §186l: I am aware of the provisions of Section 3700 of the Labor Code,which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code,and I will comply with such provisions before commencing the perfonnance ofthe work ofthis contract. re ofBidder's Authorized Representative 4~It.RobJ Ti-~~$"""'"roe ,..-- Name &Title ofAuthorized Representative Date ofSigning Page 33 BID SECURITY BOND To Be Completed,Notarized,and Submitted With Bid KNOW ALL PERSONS BY THESE PRESENTS: PACIFIC METER THAT SERVICES INC.hereinafter called Principal,and (Contractor) WESTERN INSURANCE COMP~inafter called Surety,are (Surety) jointly and severally held and finnly bound unto the Otay Water District,2554 Sweetwater Springs Blvd.,Spring Valley,CA,91978,hereinafter called District,in the penal sum of ten percent (10%)ofthe aggregate of the Proposal ofPrincipal for the work,this sum not to exceed ($***10%OF BID******tdollars lawful money of the United States,for the payment whereof unto Otay Water District,Principal and Surety jointly and severally bind themselves forever fiImly by these presents. WHEREAS,Principal is herewith submitting a Bid for: WATER METER REPLACEMENT -FY 2010 Submittal Deadline:10:00 am,Thursday,June 18,2009 NOW,THEREFORE,the condition of this obligation is such that if Principal is awarded a contract for the work,and if Principal within that time specified in the Proposal enters into, executes and delivers to District a contract in the fonn provided herewith,and ifPrincipal within the time specified in the Proposal gives to District the performance bond and the payment bond on the forms provided herewith,and evidence of required liability and worker's compensation insurance,then this obligation shall be void. If,however,Principal shall fail or refuse to furnish,execute,and deliver to District said perfonnance and payment bonds,and evidence of required liability and worker's compensation insurance in the time stated in the Proposal,then Principal and Surety shall forfeit to District the penal sum hereof. AND IT IS HEREBY DECLARED AND AGREED that Surety shall be liable under this obligation as Principal,and that nothing ofany kind or nature whatsoever that will not discharge Principal shall operate as a discharge or a release ofliability ofSurety. IT IS HEREBY FURTHER DECLARED AND AGREED that this obligation shall be binding upon and inure to the benefit of Principal,Surety and District and their respective heirs, executors,administrators,successors and assigns. Page 25 BID SECURITY BOND -Continued SIGNED AND SEALED THIS 16th PACIFIC METER SERVICES INC. N e ofPrincipal.... l day of JUNE ,200_9_ Sign e ofPrincipal's Authorized Representative fQ U£f2058 ,5..u uJrV-rf=Name and Title ofSigner (Seal and signature afNotary Public) (Attach notary acknowledgment ofSurety) Page 26 Dick L.Rottnian,Jeffrey P.Shaffer,Bradley A.Pearce, R.Scott Rottman,Cynthia D.Bell,Karen Corbin,Christie Elliott WESTERN INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That WESTERN INSURANCE COMPANY,acorporation organized and existing under the laws oflhe State ofNevada and having its principal office at the City of Reno,in the State ofNevada,does hereby constitute and appoint SS: eo SEAL ISlM STATE OF NEVADA) COUNTY OF WASHOE) On this 19th day ofJWle,2006,before me personallycame DIC~KL.R MAN,PRESIDENTof the WESTERN INSURANCE COMPANY and CAROL B.INGALLS,SECRETARY of .y,with both ofwhom I am personally acquainted,who being by me severally duly sworn,said,that they,the ~L.ROTIMAN and CAROL B.INGALLS were respectively the PRESIDENT and the SECRETARY ofthe said~rlRN INS~E COMPANY,the corporation described in which executed the foregoing Power ofAttorney,that they elltCWwthe seal~f~:c'l)rporation;tbat the seal affixed to said Power ofAttorney was such corporate seal,that it was so~t~tlY order of_~\~f D~'rectoWid corporation,and that they signed their names thereto by like orderas PRESID~~CRET .."\Jtlectively,0 i\Pliny. My Commission expires th~~~~M~..~O1'.""··-"-··PATRiCiA'A:·Lrn;oi.\'t~igned)(.\.~ I No,eryPub/lc·St.~Y8"i ~Not"'""Public:.~,*OIdIdt.~~rtt"~-).-J!No:Q&.'00I43J.2-EKJMI~.1T,3)Kl!~\-. Tbis pow::~:~::~':'~~~~by authority ofthe following Resolutions adopted by the Board of Directors ofthe WESTERN INSURANCE COMP~on June 19,2006. RESOLVED,that in connection with the fidelity and surety insurance bllsiness ofthe Company,all bonds,undertakings, contracts and other mstnunents relating to said business may be signed,executed,and acknowledged by person orentities appointed as Attorney(s)-in-Fact pursuant to a Power or Attorneyissued in accordance with these resolutions.SaidPower(s)ofAttorney for and on behalfofthe Company may and shall be executed in the [ijIIlle and on behalfofthe Company,either by the Chairman,or the President,ora Vice President,jointly with the Secretary,under their respective designations.The signature ofsuch officers may be engraved,printed orlithographed.The signature ofeach ofthe foregoingofficers and the seal ofthe Company may be aftixed by facsimile to any PowerofAttorney or to any certificate relating thereto appointing Attomey(s}in-Fact for purposes only ofexecuting and attesting bonds and undertakings and other writings obligatory in the nature thereof,and ,unless subsequently revoked and subject to any limitations set forth therein,any such Power ofAttorney or certificate bearing such facsimile signature or facsimile seal sball be valid and bindingupon the Company and any such powerso executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with re$pect to any bond or undertaking to which it is validly attached. RESOLVED,that Attomey(s).in-Fact shall have the power and authority,unless subsequently revoked and,in any case, Subject to the tenDs and limitations ofthe Power ofAllarney issued ~o them,to execute and deliver on behalfofthe Company and to attach the seal ofthe Company to any and all bonds and undertakings.and other writings obligatoryin the nature thcreof,lind any such instrument cucuted by such Attomey(s)-in.Pact shall be as binding upon the Company as ifsignedby an Executive Officer and sealed and attested 10 by the Secretary ofthe Company. I.CAROL B.INGALLS,Secretary oflbe WESTERN INSURANCE COMPANY,dohereby certify that the foregoing is a true ex:cerpt from the Resolution ofthe saidCompany 8S adoptedby its Board ofDirectors on June 19,2006 and thatthis Resolution is in full force and effect. I,the und~i1lJ1ed Secretary ofthe WESTERN INSURANCE COMPANY dohcreby certifythat the foregoing Power of Attorney is in full fOtcc:ai:Jd c:ff~and has not been revoked. In Testi~[\)'_~f,'1 have hereunto setmy hand and the seal ofthe WESTERN INSURANCE COMPANY on this 16th .."or "'ne ';•2009 .tJ,u/111 ~4 Secrelal'y Ofthe STATE OF NEVADA its true and lawful Atlorney(s).in.Fact,each in their separate capacity ifmore than one is named above, to sign its name as surety to,and to execute,seal and acknowledge anyand all bonds,undertakings,contracts and other written instruments in the nature thereofon behalfofthe Company inils business ofguaranteeing the fidelity ofpersons;guaranteeing the performance ofcontracts;and executing orguaranteeing bonds and undertakings n."quired orpermittedin anyactions orproceedings allowed by law. In Witness Whereof,the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal,duly attested by the signatures ofits President and Secretary,this 1911>day ofJune,2006. WESTERN INSURANCE COMPANY (Signed)By ~~.-~:::===-----~President (Signed)Byt'~4 b4?-Secretary ALL-PURPOSE ACKNOWLEDGEMENT State of Nevada County of Washoe On tell i.e.J;L6 c)j before me,Itz'.s!t;';tJ.C)oNe....- ~~~';LO.0.:"Notary Public,personally appeared,~~-..-v~ Name(s)of Document Signer(s) Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s)is/are subscribed to the witllin instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capa9ity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal ~'21,~si9i~i~!fflotary ..UUI.."fIU'UUIUIIIIIUUUH'IIIIINltlU.UUHlnlJ:Utlt1l1l1l1IU'"'114h'''''"E i KR1Sl1N N.CROWE ~~{Notary Public·State of Nevada ~ ~~,"••Appoinlmenl RecordedinWashoe Counly ~ a .•r",,·No:OB-6030·2·8.pires Janulll)'15,2012 ~LUI",lIluntll~IIIII~"llnu"lrul"llu"III""I"""'II.II,.nl"IIMI"'''U .... (Affix seal in the above blank space) AGENpA ITEM 6e STAFF REPORT TYPE MEETING:Regular Board Pedro Porras,~ Chief,Water Operations Manny Magana,1'Vtr~tt~ Assistant General Manager,Engineering &Operations AWARD OF CONTRACT TO PACIFIC METER SERVICES,INC.FOR MANUAL WATER METER RETROFIT TO RADIO READ METERS SUBMITIED BY: APPROVED BY: (Chief) APPROVED BY: (Ass!.GM); SUBJECT: Frank Anderson,Utility /A'n..Services Manager!l~n j _tf.: MEETING DATE: W.O.lG.F.NO: August 5,2009 DN.NO.All GENERAL MANAGER'S RECOMMENDATION: That the Board award a contract to Pacific Meter services,Inc. in the amount not to exceed $148,410 for retrbfi~ting up to 4,500 existing manual-read meters with new automated-meter-read (AMR)meters.' COMMITTEE ACTION: Please see Attachment "A". PURPOSE: To provide bid results and obtain authorization to award a contract to retrofit up to 4,500 3/4-inch and I-inch manual read meters with AMR meters. ANALYSIS: As identified with the District's strategic Plan,manual-read water meters are being retrofitted with radio-read water meters. Included in the FY 2010 Capital Improvement Budget (eIP 2458)is $1,375,000 to retrofit approximately 4,500 meters of various sizes,including parts,contract labor,.and staff time.The budgeted amount in this elP ~roject is to account for contract labor for 3/4-inch and I-inch retrofits,in-house retrofit of larger than I-inch meters,the purchase of AMR meters,gaskets, and connection supplies . .In accordance with District purchasing requirements,a notice soliciting bids for the work was advertised on May 22,2009.On June 4,2009 contractors attended a mandatory pre-bid meeting and on June 18,2009 bids were received and publicly opened with the following results from seven bidders: Bidder Amount Pacific Meter Services $14B,410 Concord Environmental $156,375 UUI Construction $174,375 Measurement Control Systems $175,500 AB Hashmi Inc.$181,125 3D Enterprises $402,525 Palm Engineering $1,125,000 Pacific Meter Services,Inc.(Pacific),the low bidder,has performed similar work in the states of Washington,Nevada,New Jersey,Arizona,and most recently Otay Water District's last AMR meter retrofit for FY 2009 elP.Last year's contract was to retrofit 4,500 meters for $179,505.00 with no··c~ange orders. This year,their proposal cost is 17.5 percent lGwer.District staff is very satisfied with their performance of last year; their response to any District request has been outstanding. Once notified that they have been awarded the contract,Pacific will have ten days to furnish the required Performance Bond and Labor and Materials Bond. It is recommended that the Board award a contract to Pacific in an amount not to exceed $146,410 to cover the cost for retrofitting approximately 4,500 meters from manual to radio- read meters. !Ili•TII \ ! I I IIIrI \ FISCAL IMPACT: The total bUdget for this ten-year AMR!Manual Meter Replacement elP 2458 is $10,277,000.This ten-year CIP started in December 7,2005.For FY 2010,staff budgeted and the Board approved $1,375,000.The value of this retrofit contract is $148,410 which staff feels is sufficient to cover the costs of contract labor for replacing approximately 4,500 meters for FY 2010. Total cumulative costs and commitments on this ClP to date, including this contract and prior District approved AMR meter purchases ($702,811)for this fiscal year is approximately $3,740,806;therefore,the remaining approved elP at this time is $6,536,194. Staff has evaluated this elP and feels that the current approved bUdget is sufficient to cover the costs for completing the remaining approximately 24,479 meter retrofits through 2014. STRATEGIC GOAL: Strategy:Implement Field Technology solutions. Objective;Convert all District meters to AMR. LEGAL IMPACT: None. ~..Jft-.~IL-,---_ G neral Manager Attachment "A",Committee Action ATTACHMENT A f-------~-'--t'AWARDOP-"CON-TRACi-"To-PAcriICMETER"--SERVICE5;TNC:'-FOR-MANUAL--1 I SUBJECT/PROJECT:WATER METER RETROFIT TO RADIO READ _ME~ERS :,,_.._..__....Jl..__.__________._......-._. CO~TTEE ACTION: The Engineering,Operations,and Water Resources Committee reviewed this item at a meeting held on July 27,2009 and the following comments were made: •Staff recommended that the Board award Pacific Meter Services (PMS)a one year contract,not-to-exceed $148,410.Staff indicated that the bid provides the District with the option, at its discretion,to approve four additional one-year term renewals.Should the District exercise one or more of the optional annual renewals,the unit price will be adjusted accordingly based on the Consumer Price Index for the previous year. •Staff indicated that PMS performed Otay·Water District's last AMR meter retrofit for FY 2009 elP for a total fee of $179,505 and that this year PMS'proposed contract i~approximately 17.5%lower (Reduced cost per meter $39.89 last year to $32.89 per meter in this proposed contract).District staff is very satisfied with their services. •The Committee inquired about the significant difference with bid offers between Pacific Meter Services ($148,410)and Palm Engineering ($1,125,000).Staff said that Palm Engineering is a new business who is unaware of the District's needs.They did not conduct a walk-thru of the work to understand the District's requirements;and as a result,their bid was high. •The Committee acknowledged the cost benefit of contracting with PMS. Following the discussion,the committee supported staffs' recommendation and presentation to the full board as a consent item. I~i1i, \ 11 !I [ Quality Assurance Approval Sheet Date:I ()-"IY-H) Signature f~B\?8)-:)'))6<S D,N Author: Document Description:'Smrr=Qs£D'i<.\~E&l:>esT\)'l-b ft DNE ~Eft'R E'KfeNS){)N Of flfn R $E)\<D~)"1 ~O)'i~~' W )"~~~\r:)c..~E:IER ~$')LF~)::r:L..-!.N-=t,--!.-._ l\~l\L- Printed Name QAReViewer.£"4 ....A .t.~ Signature ---r:\VL \Z,--=~,-,,-=..:*,--.:.-:A..:....:=J,--_ Printed Name Manager:~~== ;("- ----tRAMK RJ4~e«s o-~ Printed Name /D~jJ";-aD\0 The above signatures attest that the attached document has been reviewed and to the best of their ability,the signers veritY that it meets the District quality standard by clearly and concisely conveying the intended infonnation;being grammatically correct and free offonnatting and typographical errors;accurately presenting calculated values and numerical references;and being internally consistent,legible and unifonn in its presentation style. AGENDA ITEM 6 STAFF REPORT APPROVED BY: (Chief) MEETING DATE:November 3,2010TYPEMEETING:Regular Board SUBMITTED BY:David Charles ~ Public Services Manager Rod posada~~ Chief,Engineering PROJECT NO.1 SUB-PROJECT: P1438- 010000 DIV.NO.I,2, &4 APPROVED BY: (Asst.GM): SUBJECT: -Manny Magafia~ Assistant General ~anager,Engineering and Operations Award of a Professional Services Contract for Recycled Water Plan Checking,Retrofit,and Inspection Services for Developer Projects GENERAL MANAGER'S RECOMMENDATION: That the Otay Water District (District)Board of Directors (Board) authorizes the General Manager to execute an agreement for the recycled water plan checking,retrofit,and inspection services for developer projects with AEGIS Engineering Management (AEGIS),in an amount not-to-exceed $300,000,during Fiscal Years 2011,2012,and 2013 (see Exhibit A for project locations.) COMMITTEE ACTION: Please see Attachment A. PURPOSE: To obtain Board authorization for the General Manager to enter into a professional services agreement with AEGIS for recycled water plan checking,retrofit,and inspection services for developer projects, in an amount not-to-exceed $300,000,during Fiscal Years 2011,2012, and 2013 (ending June 30,2013). ANALYSIS: The District requires the services of a consulting firm to provide professional services for recycled water plan checking,retrofit,and inspection services for developer projects.The Consultant assists the Public Services Division of the Engineering Department in processing and performing plan check review and approvals for developer recycled water irrigation projects and retrofit projects for multifamily dwellings.These services are also required to perform inspections and participate in coverage as well as cross- connection tests,as mandated by the California Department of Public - Health.Last year,the District reviewed and processed thirty (30) plan checks,with twenty (20)new inspection recycled water projects, totaling approximately $155,000.For the remainder of Fiscal Year 2011,through the end of Fiscal Year 2013,it is anticipated that the Consultant will review and inspect approximately fifty (50)projects. Over the same period,staff estimates the cost to perform this responsibility will not exceed $300,000. On July 22,2010,the District solicited recycled water plan checking,retrofitting,and inspection services for developer projects by placing an advertisement on the District's website and several other publications,including the Union Tribune and San Diego Daily Transcript.A Letter of Interest was received from ten (10) consultants. On August 27,2010,the District issued a formal Request for Proposal (RFP)to all ten (10)consultants: •AEGIS Engineering Management •Bureau Veritas North America,Inc. •CValdo Corporation Civil Engineering •Dudek •HDR Engineering,Inc. •Hofman Planning &Engineering •Pacifica Services,Inc. •Poggemeyer Design Group •Urban Logic Consultants,Inc. •Vanir Construction Management,Inc. Four (4)proposals were received from AEGIS Engineering Management, Bureau Veritas North America,Inc.,Dudek,and HDR Engineering,Inc. The other six (6)declined to propose. In accordance with District Policy 21,Staff held interviews with the four (4)consultants on October 4,2010,and the panel concluded that AEGIS was the most qualified consultant and provided the best overall value to the District. The AEGIS project manager and AEGIS team members listed in the proposal are all American Water Works Association (AWWA)certified cross-connection control specialists and have vast plan checking, 2 FISCAL IMPACT: inspection,and retrofitting experience and currently are performing an excellent job at plan review and inspection for the District. In addition,with the District's plan to optimize recycled water use to internal irrigation for multi-family dwellings,having experienced AEGIS'cross-connection specialists on board is crucial in obtaining proper inspection.Staff also evaluated the estimate for plan checking and inspection provided by AEGIS. Staff estimated that an average of $6,000 will be needed per project to perform the plan check review and inspections.The District recuperates these funds by billing directly to the developer.tAcfy Plan check and inspection services are an on-going effort provided by the District to developers.This particular expense is completely funded by developer deposits and does not affect the District's operating budget. 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 Otay Strategic Goal,"to develop and improve infrastructure for increased recycled water use." LEGAL IMPACT: None. P:\Public-s\Staff Reports\2010\BD 11-3-10,Staff Report,Award Contract for Recycled water,(DC-RP).doc DC/RP:mlc Attachments:Attachment A -Committee Action Attachment B -Summary of Proposal Rankings Exhibit A -Location Map 3 t", "M """,,,,,. ATTACHMENT A I=~:::r~::~~;~~~~n:~~:~e::~~~:=~::~l 1.""" """.""..,..,,.",", " , " " ,, _.._ ,.." ,"", , , " ,..',.,.",,,,,,,,,..,,,,.., ,..,,,,.,,1 COMMITTEE ACTION: The Engineering,Operations,and Water Resources Committee reviewed this item at a meeting held on October 18,2010.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 Summary of Proposal Rankings ATTACHMENT B SUMMARY OF PROPOSAL RAN KINGS On-Site Recycled Water Plan Checking,Retrofit Plan Review and Inspection Services for Developer Projects Review Panel does nol see or consIder rates when scormg other categones.Rates are scored by the PM,who IS not on Review Panel. WRITTEN ORAL Responsiveness,Technical and INDIVIDUAL AVERAGE Consultant's Additional Presentation,Quality 01 TOTAL SCORE REFERENCESQualificationsofAVERAGETOTALStrengthofProjectINDIVIDUALAVERAGETOTALProjectManagementSUBTOTAL-SUBTOTAL·Proposed Rates'Commitment to WRITTEN Creativityand Manager Communication Response to TOTAL·ORAL ORALTeamUnderstandingApproachWRITTEN WRITTEN DBE Insighl Skills Questions Poor/Good!MAXIMUM POINTS 30 25 30 65 65 15 YIN 100 15 15 10 10 50 50 150 Excellent BOB KENNEDY 28 23 28 79 14 14 9 9 46 DANIEL KAY 29 24 28 81 15 14 9 9 47 AEGIS GARYSTALKER/ROGER /-lOLL Y 28 23 26 77 77 15 Y 92 12 13 8 8 41 45 137 Good RICHARD NAMBA 26 22 22 70 14 15 9 9 47 BRANDON DIPIETRO 28 24 28 80 13 13 10 8 44 BOB KENNEDY 20 17 27 64 11 11 7 7 36 DANIEL KAY 26 23 27 76 13 11 8 9 41BUREAU1----- 37 122VERITASGARYSTALKER/ROGER HOLLY 25 21 26 72 71 14 y 85 9 8 7 6 30 RICHARD NAMBA 25 19 21 65 12 10 6 8 36 BRANDON DIPIETRO 28 23 27 78 13 12 10 7 42 BOB KENNEDY 21 20 24 65 11 10 6 6 33 DANIEL KAY 23 21 21 65 11 11 7 7 36 DUDEK GARYSTALKER/ROGER HOLLY 22 19 24 65 65 1 y 66 8 7 5 6 26 32 98t-- RICHARD NAMBA 20 17 18 55 10 9 6 6 31 BRANDON DIPIETRO 27 23 25 75 10 11 9 6 36 BOB KENNEDY 25 18 26 69 13 12 8 8 41 DANIEL KAY 20 21 23 64 10 12 8 9 39 HDR GARYSTALKER/ROGER HOLLY 22 22 24 68 67 11 y 78 9 7 5 4 25 35 113 RICHARD NAMBA 20 19 20 59 10 8 6 6 30 BRANDON DIPIETRO 25 23 26 74 12 13 10 5 40 RATES SCORING CHART Consultant ProposedRates Position Score AEGIS $500 lowest 15 BUREAU VERITAS $513 14 HDR $561 11 DUDEK $707 highest 1 COMPOSITE RATES AEGIS BUREAU VERITAS DUDEK HDR Senior Engr PM $135 $145 $195 $127 Assoc Engr $105 $113 $180 $117 Assist Engr II $95 $90 $152 $107 Admin/Clerical $75 $70 $70 $100 Inspection $90 $95 $110 $110 $500 $513 $707 $561 P:IPublic-sISTAFF REPORTSI20101BD 11·03-10,Attachment B·Summary 01 Proposal Rankings Rates and Interview,(DC.RPj - \ :-on \'iUH (C {rt~~r.:"\i0i1.Jl\I ' [I (Ur.-.llG"1 I"'I,(S~./'/ ,) .....J/ {C•.:;jc>\ Mir,JIl,)(U J?(:~}'..if\.·UIl' C-:::C': lin,0-1"1 I B "t' l-V>a.. if :q eliMc'io g C\l~oM<> 1ILo!..V>'" OTAY WATER DISTRICT ARlGATION PLAN CHECK EXHIBIT A Quality Assurance Approval Shee~ Subject:Award of a Professional Services Contract for Recycled Water Plan Checking,Retrofit,and Inspection Services for Developer Projects Project No.:P1438-01000 Document Description:Staff Report for November 3,2010 Board Meeting Author: QA Reviewer: 'DOJ\!(d J'<(~b(Jt/cl~-e-..;::.C:__ Printed Name JbJ;:i_~~(_O/t----'---'fll_o_~Date ~f.~fL-Vd-Jv1;rN Manager:~r:~Si ature UAVj d I,Q)(lif)~k~ Printed Name Date ( (