HomeMy WebLinkAbout02-23-06 E&O Committee Packet 1
AMENDED AGENDA
OTAY WATER DISTRICT
ENGINEERING AND OPERATIONS COMMITTEE MEETING
and
SPECIAL MEETING OF THE BOARD OF DIRECTORS
2554 SWEETWATER SPRINGS BOULEVARD
SPRING VALLEY, CALIFORNIA
Board Room
Thursday, February 23, 2006
7:00 A.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 JURISDICTION BUT NOT AN ITEM ON TODAY'S AGENDA
INFORMATION / ACTION ITEMS
3. ADOPT RESOLUTION NO. 4075 ANNEXATION OF ASSESSOR PARCEL NO.
517-140-19 KNOWN AS THE “WILSON SEWER ANNEXATION” TO IM-
PROVEMENT DISTRICT 18 OF THE OTAY WATER DISTRICT FOR SEWER
SERVICE (POSADA/CHARLES) [5 minutes]
4. 2ND QUARTER STRATEGIC PLAN AND PERFORMANCE MEASURES RE-
SULTS UPDATE REPORT (STEVENS) [15 minutes]
5. 2ND QUARTER CIP UPDATE REPORT (ARBABIAN) [15 minutes]
6. AWARD OF A PROFESSIONAL ENVIRONMENTAL SERVICES CONTRACT
FOR THE HABITAT MANAGEMENT AREA MAINTENANCE AND MONITOR-
ING IN THE AMOUNT OF $566,443.78 FOR CALENDAR YEARS 2006 AND
2007 (POSADA/SCHOLL) [5 minutes]
7. ADOPT RESOLUTION NO. 4069 AMENDING POLICY 21 – POLICY FOR SE-
LECTION OF PROFESSIONAL CONSULTANTS (POSADA) [10 minutes]
2
8. AWARD CONSTRUCTION CONTRACT TO ARRIETA CONSTRUCTION INC.
IN THE AMOUNT OF $129,884 FOR CONSTRUCTION OF THE SWEET-
WATER SPRINGS BOULEVARD INTERCONNECTION PROJECT BETWEEN
HELIX WATER DISTRICT AND OTAY WATER DISTRICT
(ARBABIAN/PEASLEY/KLAAHSEN) [5 minutes]
9. AUTHORIZE GENERAL MANAGER TO EXECUTE THE COOPERATIVE SUB-
AGREEMENT FOR THE UNITED STATES BUREAU OF RECLAMATION
FUNDING FOR THE OTAY WATER DISTRICT RECYCLED WATER INFRA-
STRUCTURE PROGRAM BETWEEN THE CITY OF SAN DIEGO AND OTAY
WATER DISTRICT (ARBABIAN/PEASLEY) [5 minutes]
10. APPROVE CONSULTING SERVICE CONTRACT WITH HECTOR MARES FOR
BI-NATIONAL WATER MATTERS FOR AN AMOUNT NOT TO EXCEED
$60,000 (WATTON) [5 minutes]
11. APPROVE CONSULTING SERVICE CONTRACT WITH HATCH AND PARENT
FOR AN AMOUNT NOT TO EXCEED $60,000 (WATTON) [5 minutes]
12. ADJOURNMENT
BOARD MEMBERS ATTENDING:
Gary Croucher
Jose Lopez
All items appearing on this agenda, whether or not expressly listed for action, may be
deliberated and may be subject to action by the Board.
If you have any disability that would require accommodation in order to enable you to
participate in this meeting, please call the District Secretary at 670-2280 at least 24
hours prior to the meeting.
Certification of Posting
I certify that on February 21, 2006, I posted a copy of the foregoing agenda near
the regular meeting place of the Board of Directors of Otay Water District, said time be-
ing at least 24 hours in advance of the meeting of the Board of Directors (Government
Code Section §54954.2).
Executed at Spring Valley, California on February 21, 2006.
___________________________________
Connie Rathbone, Assistant District Secretary
OTAY WATER DISTRICT
ENGINEERING AND OPERATIONS COMMITTEE MEETING
and
SPECIAL MEETING OF THE BOARD OF DIRECTORS
2554 SWEETWATER SPRINGS BOULEVARD
SPRING VALLEY,CALIFORNIA
Board Room
Wednesday
February 22,2006
11:30 A.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 JURISDICTION BUT NOT AN ITEM ON TODAY'S AGENDA
INFORMATION /ACTION ITEMS
3.ADOPT RESOLUTION NO.4075 ANNEXATION OF ASSESSOR PARCEL NO.
517-140-19 KNOWN AS THE "WILSON SEWER ANNEXATION"TO IM-
PROVEMENT DISTRICT 18 OF THE OTAY WATER DISTRICT FOR SEWER
SERVICE (POSADA/CHARLES)[5 minutes]
4.2ND QUARTER STRATEGIC PLAN AND PERFORMANCE MEASURES RE-
SULTS UPDATE REPORT (STEVENS)[15 minutes]
5.2ND QUARTER CIP UPDATE REPORT (ARBABIAN)[15 minutes]
6.AWARD OF-A PROFESSIONAL ENVIRONMENTAL SERVICES CONTRACT
FOR THE HABITAT MANAGEMENT AREA MAINTENANCE AND MONITOR-
ING IN THE AMOUNT OF $566,443.78 FOR CALENDAR YEARS 2006 AND
2007 (POSADA/SCHOLL)[5 minutes]
7.ADOPT RESOLUTION NO.4069 AMENDING POLICY 21 -POLICY FOR SE-
LECTION OF PROFESSIONAL CONSULTANTS (POSADA)[10 minutes]
1
8.AWARD CONSTRUCTION CONTRACT TO ARRIETA CONSTRUCTION INC.
IN THE AMOUNT OF $129,884 FOR CONSTRUCTION OF THE SWEET-
WATER SPRINGS BOULEVARD INTERCONNECTION PROJECT BETWEEN
HELIX WATER DISTRICT AND OTAY WATER DISTRICT
(ARBABIAN/PEASLEY/KLAAHSEN)[5 minutes]
9.AUTHORIZE GENERAL MANAGER TO EXECUTE THE COOPERATIVE SUB-
AGREEMENT FOR THE UNITED STATES BUREAU OF RECLAMATION
FUNDING FOR THE OTAY WATER DISTRICT RECYCLED WATER INFRA-
STRUCTURE PROGRAM BETWEEN THE CITY OF SAN DIEGO AND OTAY
WATER DISTRICT (ARBABIAN/PEASLEY)[5 minutes]
10.APPROVE CONSULTING SERVICE CONTRACT WITH HECTOR MARES FOR
BI-NATIONAL WATER MATTERS FOR AN AMOUNT NOT TO EXCEED
$60,000 (WATTON)[5 minutes]
11.APPROVE CONSULTING SERVICE CONTRACT WITH HATCH AND PARENT
FOR AN AMOUNT NOT TO EXCEED $60,000 (WATTON)[5 minutes]
12.ADJOURNMENT
BOARD MEMBERS ATTENDING:
Gary Croucher
Jose Lopez
All items appearing on this agenda,whether or not expressly listed for action,may be
deliberated and may be subject to action by the Board.
If you have any disability that would require accommodation in order to enable you to
participate in this meeting,please call the District Secretary at 670-2280 at least 24
hours prior to the meeting.
Certification of Posting
I certify that on February 17,2006,I posted a copy of the foregoing agenda near
the regular meeting place of the Board of Directors of Otay Water District,said time be-
ing at least 24 hours in advance of the meeting of the Board of Directors (Government
Code Section §54954.2).
Executed at Spring Valley,California on February 17,2006.
~~lo'-tT-'H1h~_L-Connie Rathbone,Assistant District Secretary
2
AGENDA ITEM 3
STAFF REPORT
March 13,2006
0210-20.278 DIV.NO.5W.O.lG.F.NO:
MEETING DATE:Regular Board
David Charles,Public Services
Manager 1;Jc
Rod Posada,Chief Development Services --
Manny Magana,Asst.GM Engineering &opera~~APPROVED BY;
(Asst.GM):
APPROVED BY:
(Chief)
SUBMITTED BY:
TYPE MEETING:
SUBJECT:Wilson Sewer Annexation to 10 18
GENERAL MANAGER'S RECOMMENDATION:
Adopt Resolution No.4075,the annexation of the property of Steve and Paula Wilson to
Improvement District No.18.
COMMITTEE ACTION:
Please see Attachment A.
PURPOSE:
The purpose of the proposed annexation is to provide sewer service to a parcel owned
by Steve and Paula Wilson (APN 517-140-19).
ANALYSIS:
A written request and Petition signed by Steve and Paula Wilson,has been received for
annexation of APN 517-140-19 into Improvement District No.18 for sewer service.The
total acreage to be annexed is 0.52 acres.The property is within the sphere of Otay
Water District and will be part of Improvement District 18 after the Board of Directors
approves this request.The property is located on Hidden Mesa Trail,in the city of EI
Cajon and County of San Diego.
FISCAL IMPACT:
The property owners will be charged $10 per year for availability fees.
STRATEGIC GOAL:
Provide sewer service to meet increasing customer needs.
LEGAL IMPACT:
No legal impact.
Gen~
SUBJECT/PROJECT:
ATTACHMENT A
Wilson Sewer Annexation to ID 18
COMMITTEE ACTION:
On February 22,2006,the Engineering and Operations Committee met to consider this
item and supported staff's recommendation.A more detailed Legal Description and plat
map were added to this staff report for the Board meeting.
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.
G:\UserDala\DisISec\WINWORD\STAFRPTS\Annexalion Wison Sewer 3-13-06.doc
--------------
DEVELOPER:STEVE &PAULA WILSON
STEVE &PAULA WISOH
ANNEXATION REQUEST
TO ID.18
LOCATION MAP
Division 5
P1438-G0001
18
OIR.DIV.:
wO:
1.0.:
I
VICINITY MAP
HIDDE
WO P1438-000001
VISTA V RE A
P:\Public-slshapefilesIWOprojlworkorder.apr
RESOLUTION NO.4075
A RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY
WATER DISTRICT APPROVING THE ANNEXATION TO
OTAY WATER DISTRICT IMPROVEMENT DISTRICT NO.18
OF THOSE LANDS DESCRIBED AS "WILSON SEWER
ANNEXATION"(WO 02IO-20.278/DIV.5)
WHEREAS,a petition has been filed by Steve and Paula Wilson,the owners and parties
that have an interest in the land described in Exhibit"A,"attached hereto,for annexation ofsaid
land to Otay Water District Improvement District No.18 pursuant to California Water Code
Section 72670 et seq.;and
WHEREAS,pursuant to Section 72680.1 ofsaid Water Code,the Board ofDirectors may
proceed and act thereon without notice and hearing.
NOW,THEREFORE,THE BOARD OF DIRECTORS OF THE OTAY WATER
DISTRICT FINDS,RESOLVES,ORDERS AND DETERMINES as follows:
1.A depiction of the area proposed to be annexed,and the boundaries of ID 18
following the annexation,is set forth on a map filed with the Secretary ofthe District,which map
shall govern for all details as to the area proposed to be annexed.
2.The purpose ofthe proposed annexation is to make sewer service available to the
area to be annexed,which availability constitutes a benefit to said area.
3.The Board finds and determines that the area proposed to be annexed to ID 18
will be benefited by such annexation and that the property currently within ID 18 will also be
benefited·and not injured by such annexation because after the annexation a larger tax base will
be available to finance the sewer facilities and improvements ofID 18.
4.The Board of Directors hereby declares that the annexation of said property is
subject to the owners complying with the following terms and conditions:
(a)The petitioners for said annexation shall pay to Otay Water District the
following:
(1)Standard processing fee in the amount of
$628.00;
(2)State Board ofEqualization filing fees in the amount of$300;
(3)A sewer annexation fee of $4,760 per EDU to be collected at the
time sewer service is provided;
(4)Yearly assessment fees will be collected through the County Tax
Assessor's office in the amount of$lO for APN 517-140-19;
(5)In the event that water service is to be provided,Petitioners shall
pay the then applicable annexation fees per EDU at the time the
meter is purchased;and
(6)Payment by the owners of APN 517-140-19 of all other applicable
local or state agency fees or charges.
(b)The property to be annexed shall be subject to taxation after annexation
thereof for the purposes of the improvement district,including the pay-
ment of principal and interest on bonds and other obligations of the
improvement district,authorized and outstanding at the time of
annexation,the same as if the annexed property had always been a part of
the improvement district.
5.The Board hereby declares the property described III Exhibit "A"shall be
considered annexed to ID 18 upon passage ofthis resolution.
6.The Board of Directors further finds and determines that there are no exchanges
of property tax revenues to be made pursuant to California Revenue and Taxation Code Section
95 et seq.,as a result ofsuch annexation.
7.The annexation of APN 517-140-19 to the District is hereby designated as the
"WILSON SEWER ANNEXATION."
8.Pursuant to Section 572029(c)ofthe Government Code,the effective date of the
WILSON SEWER ANNEXATION shall be the date this Resolution is adopted by the Board of
Directors ofthe Otay Water District.
9.The General Manager of the District and the Secretary of the District,or their
respective designees,are hereby ordered to take all actions required to complete this annexation.
PASSED,APPROVED AND ADOPTED by the Board of Directors of the Otay Water
District at a regular meeting held this 13th day ofMarch,2006.
President
ATTEST:
District Secretary
G:\UserData\DistSec\WINWORD\RESOLUTN\Res4075 -Wison SewerAnnex.doc
EXHIBIT A
LEGAL DESCRIPTION
ANNEXATION PARCEL
Otay Water District I.D.18
Lot 13 and a portion of Lot 14 of Vista Jamacha Unit No.2,in the County of
San Diego,State of California,according to Map Thereof No.6068,filed in the
office of the County Recorder of San Diego County,March 19,1968 more
particularly described as follows:
PARCEL 1
Commencing at the Northwest corner,Northeast~,Northwest ~,Northeast ~
of Section 19,said point being the POINT OF BEGINNING,thence,
Course 1.South 00°45'11"West,a distance of 400.99 feet to the centerline
of Hidden Mesa Road,thence,
Course 2.North 72°51 '11"East,a distance of 250.31 feet along the centerline
of Hidden Mesa Road to the Intersection of Hidden Mesa Road and
Hidden Mesa Trail,thence,
Course 3.South 1r08'49"East,a distance of 30.00 feet along the centerline
of Hidden Mesa trail to a point of curve to the right having a radius of
198.00 feet and a central angle of 30°59'00",thence,
Course 4.southerly along the arc a distance of 107.07 feet along the centerline
of Hidden Mesa Trail,thence,
Course 5.South 76°09'49"East,a distance of 28.00 feet to the most northerly
corner of Lot 13,Map No.6068 and the TRUE POINT OF
BEGINNING,thence,
Course 6.continue easterly along said line,a distance of 121.00 feet,thence,
Course 7.South 16°29'30"West,a distance of 172.68 feetto the Northern
Right of Way boundary of Hidden Mesa Trail,thence,
Course 8.North 76°09'49"West,a distance of 55.56 feet to a point of curve to
the right having a radius of 174.00 feet and a central angle of
2r22'48",thence,
Course 9.northwesterly along the arc a distance of 83.15 feet to a point of
compound curve to the right having a radius of 25.00 feet and a central angle of
90°00'00",thence,
Course 1O.northerly along the arc,a distance of 39.27 feet,thence,
Course 11.North 41 °12'59"East,a distance of 17.31 feet to a point of curve to
the left having a radius of 226.00 feet and a central angle of
2r22'48",thence,
Course 12.northeasterly along the arc a distance of 108.00 feet to the TRUE
POINT OF BEGINNING.
Area:22,540 s.f.,0.52 acres
CriAIEi &ASSOCIATES.INC.
CIVIL ENGINEERING -LAND SURVEYING -LAND PLANNING
2611 ADAMS AVE,SAN DIEGO,CA 92116 -(619)297-3974
BY:d t r 'l--/{-oC
HANSPETER CRA~L.S.5270 DATE
N89'52'30"W--¥-P.O.B.
NW COR,NE 1/4
~NW 1/4,NE 1/4
m ~I SEC.19m..~~
.l1J U
o '<j-I0,'<j-Oo(J)
?3
CURVE DATA
CURVE RADIUS LENGTH DELTA
C4 198.00'107.07'30'59'00"
C9 174.00'83.15'27"22'48"
ClO 25.00'39.27'90'00'00"
C12 226.00'108.00'27"22'48"
LINE DATA
LINE DIRECTION DISTANCE
Cl N45'04'59"E 36.96'
C2 N36'28'Ot'W 59.23'
C3 Sl7"08'49"E 30.00'
C5 S76'09'49"E 28.00'
C6 S76'09'49"E 121.00'
C7 S16'29'30"W 172.68'
C8 N76'09'49"W 55.56'
C11 N41'l2'59"E 17.31'
N
lP,O.B.
.
~~
APN 517-140-19
]/1-of
HIDD N
HIDDEN
:;;MESA TRAIL
s:::
f;~:r:('Vl:Po :>
E5 HASE AVE.
HI LSDALE RD.
VICINITY MAP
NOT TO SCALE
PREPARED BY:
~~Li..IG &Li..SSOCILi..TES.INC.
CIVIL ENGI EERING -LAND SURVEYING -LAND PLANNING
2611 ADA S A~SAN 0 0,CA 92116.(619)297-3974
BY:~A;:-'2 ~!5-0 C
HANS PETER eRA G,L.S.5270 DA TE
OTAY WATER DISTRICT
LOT 13 AND PORTION OF LOT 14 OF MAP 6068
RECORDERS F/P
1----+----+-------1 REC DA TE
OTAY W.D.DEED NO._
1------+-----1-------1 IMP DIST NO.
REV DATE DESCRIPTION COORDIN ATES
MAP NO.NONE
SCALE:1"=80'
DATE:2 13 06
DRAWN BY:_---'-R'-'-'.T'-'-.-,--------1
W.O.NO,:
AGENDA ITEM 4
STAFF REPORT
y and
TYPE MEETING:Regular Boar
SUBMITTED BY:Geoffrey Ste
MEETING DATE:
W.O.lG.F.NO:
March 13,2006
DIV.NO.
Strategic Pl,ning
APPROVED BY:
(Chief)
APPROVED BY:
(Ass!.GM):
SUBJECT:
German Alvar~ant General Manager,Administration and
Finance
Semi Annual FY 2006 Strategic Plan and Performance Measures
Results
GENERAL MANAGER'S RECOMMENDATION:
No recommendation.This is an informational item only.
COMMITTEE ACTION:
See Attachment A.
PURPOSE:
Provide an informational update to the Board on the District's semi-
annual progress concerning FY 2006:
•Strategic Plan Objectives
•Performance Measures
In addition,the Board will be provided an update on progress
concerning the improvement and updating of FY 2006 Performance
Measures.
ANALYSIS:
The District has revised its Strategic Plan for FY 2006 to FY
2008.The Board approved this revised plan along with the
District Budget after a series of workshops in June 2005.Staff
has continued to review the existing strategic plan and
performance measures and make minor additions and changes that
make the overall measurement plan more relevant and accurate,
In addition,we conducted a series of workshops to make
significant improvements in the District's performance measures.
We engaged Doug Spiers of Westin Engineering to facilitate this
process.One particularly important task was to ensure that our
revised performance measures reflected "industry best practice"
and,where possible,incorporated the AWWA Benchmarking program
(QUALSERVE)so that our performance measures collection also
provided the data to participate in the industry benchmarking
program.This goal has been achieved.
FISCAL IMPACT :."..~~0~~~'
None at this time.
STRATEGIC GOAL:
Strategic Plan and Performance Measure reporting is a critical
element in providing performance reporting to the Board and staff.
LEGAL IMPACT:
None
GeneraiMallager
Strategic Plan Objectives Report
Performance Measures Report.
ATTACHMENT A
Semi Annual Update on Strategic Plan and Performance
SUBJECT/PROJECT:Measures
COMMITTEE ACTION:
This item was presented to the Finance/Administration Committee
on February 15,2006 and the Engineering/Operations committee on
February 22,2006 and both committees supported presentation to
the full board.
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.
STAFF REPORT
AGENDA ITEM 5
TYPE MEETING:Regular Board MEETING DATE:March 13,2006
SUBMITTED BY:
APPROVED BY:
(Chief)
APPROVED BY:
(Ass!.GM):
Mehdi
Mehdi
Manny
ArbabianArbabia~I,v~,;f
Mag ana~""'"M-~
PROJECT:P2210 DIV.NO.ALL
SUBJECT:Informational Item -FY 2006 2nd Qtr eIP Report
GENERAL MANAGER'S RECOMMENDATION:
That the Board accept the FY 2006 Second Quarter elP Report for
review and receive a summary via PowerPoint presentation.
COMMITTEE ACTION:
Please see Attachment A.
PURPOSE:
To update the Board about the status of all elP project
expenditure highlights,significant lssues,progress,and
milestones on major projects.
ANALYSIS:
To keep up with growth and to meet our ratepayers'expectations
to adequately deliver safe,reliable,cost-effective,and
quality water,each year Otay WD staff prepares a six-year
rolling elP that identifies the Otay WD infrastructure needs.
The elP is comprised of four (4)categories consisting of
backbone capital facilities,maintenance projects,developer's
reimbursement projects,and capital purchases.
The quarterly update is intended to provide a detailed analysis
of progress in completing these projects within the allotted
time and budget.Staff continues to strive to achieve the
targeted goal of 70 to 80%of the total fiscal year budget
amount.Overall expenditures in the 2~Qtr totaled $11.4
Million,which is 63%of our forecast expenditure,with elP
(backbone)Capital Facilities at 80%.
FISCAL IMPACT:
None.
STRATEGIC GOAL:
The CIP supports the mission of providing the best quality of
water and wastewater service to the customers of the Otay Water
District in a professional,effective,efficient,and sensitive
manner,in all aspects of operation,so that public health,
environment,and quality of life are enhanced.
LEGAL IMPACT:
None.
Ge~ral Manager
MA
P:\ENGRSEC\REPORTS\CIP Qtr1y Report\2006\2Q Update\BD 12-7-05,FY 2006 2nd Otr CIP Report.doc
2
ATTACHMENT A
COMMITTEE ACTION:
The Committees (Finance and
Operations)met to consider
February 22,respectively.
information and recommended
NOTE:
Administration;Engineering and
this item on February 15 and
The Committees received the
to be heard by the Full Board.
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.
STAFF REPORT
AGENDA ITEM 6
TYPE MEETING:Regular Board MEETING DATE:March 13,2006
SUBMITTED BY:
APPROVED BY:
(Chief)
APPROVED BY:
(Ass!.GM):
SUBJECT:
Robert Scholl R.l:x..Ju:JJ..PROJECT:P2253-004000 DIV.NO.4
Associate Civil Engineer
---~-s:::::-'\""'-Rod Posada c:.··(~;..~···'t;:::o ~
Chief,Development Services
Manny Magafi~~~~~
Assistant GeneralVManager,Engineering and Operations
Award of a Professional Environmental Services Contract for
the Habitat Management Area Maintenance and Monitoring during
Calendar Years 2006 and 2007
GENERAL MANAGER'S RECOMMENDATION:
That the Board authorize the award of a professional
environmental services contract in the amount of $566,443.78 to
Mooney,Jones &Stokes for the maintenance and monitoring of the
Habitat Management Area for calendar years 2006 and 2007 (see
Attachment B for location map).
COMMITTEE ACTION:
Please see Attachment A.
PURPOSE:
To obtain Board authorization for award of a professional
environmental services contract in the amount of $566,443.78 to
Mooney,Jones &Stokes for the maintenance and monitoring of the
Habitat Management Area for calendar years 2006 and 2007.
ANALYSIS:
The District's Habitat Management Area (HMA)is a 230-acre,
designated biological reserve located within the 509-acre Use
Area property within the City of Chula Vista.The HMA serves
two primary functions:
1 It serves as a mitigation bank that holds credits that can
be utilized to offset Coastal Sage Scrub habitat impacts
associated with the construction of District projects and
facilities,as part of the requirements under Section 7
consultation with the U.S.Fish and Wildlife Service
2.It serves as a habitat restoration area for vegetation
impacts associated with the construction of the Central
Area-Otay Mesa Interconnect Pipeline,the 711-3 Reservoir,
the Auld Golf Course,and beginning in 2007,the 30-inch
Recycled Water Pipeline,450-1 Reservoir,and 680-1 Pump
Station.
Beginning in 2006,the HMA project will be comprised of three
separate subprojects that are lumped into the HMA maintenance
and monitoring contract in order to save on costs and
coordination effort.These subprojects and the phase of their
restoration activities during calendar years 2006 and 2007 are
as follows:
1.210-acre Coastal Sage Scrub mitigation bank -Perpetuity
2.The 14-acre Native Grasslands Restoration Area - 4
th and 5th
Years
3.The Rickey Pond Restoration Area -3~and 4th Years
Beginning in 2007,the HMA project consultant will also be
responsible for the 5-year maintenance and monitoring of the 30-
inch Recycled Water Pipeline,450-1 Reservoir,and 680-1 Pump
Station.This will constitute a 4
th subproject for the HMA.
For all four subprojects,the District is required to conduct
biological monitoring,provide continuous maintenance,and
submit annual reports to the u.S.Fish and Wildlife Service,
California Department of Fish &Game,and the u.S.Army Corps of
Engineers.
The 210-acre Coastal Sage Scrub mitigation bank at the HMA has
been in existence since 1997.All of its other subprojects are
5-year restoration activities that must meet certain success
standards in order to be accepted by the regulatory agencies.
At the end of 2005,two subprojects (the Burrowing Owl Habitat
Restoration Area and the Central Area-Otay Mesa Interconnect
Pipeline Restoration Area)completed their fifth years of
maintenance and monitoring.Staff is now working with the
regulatory agencies to get these projects accepted.
EcoSystem's Restoration Associates'(ERA's)contract for
maintenance and monitoring concluded at the end of February
2006.In order to have a new consultant on board immediately
following ERA's departure so that maintenance services are not
neglected,the District issued formal Requests for Proposal
(RFP)to seven consulting firms on October 24,2005 for
2
professional environmental services.On December 16,2005,
three proposals were received from the following firms:
•Dudek &Associates (Dudek)
•EcoSystems Restoration Associates (ERA)
•Mooney,Jones &Stokes (Mooney)
Four firms (Merkel &Associates,EDAW,Inc.,Kleinfelder and HDR
Engineering)chose not to propose.
In accordance with the District's Policy 21,staff evaluated and
scored all written proposals and interviewed the three firms
(Dudek,ERA,and Mooney)that submitted proposals.The
interview selection panel was composed of four staff members
from Engineering,Development Services,and Operations.
After holding the interviews,the panel completed the consultant
ranking process.They found that ERA's and Mooney's scores were
within three tenths of a point out of a possible 150 points,
while Dudek was 8 points behind and thus not considered for the
most-qualified firm.The panel then opened the cost proposals
for all three firms.Their cost proposals are as follows:
•
•
•
Dudek:
ERA:
Mooney:
$487,763.00
$692,516.20
$566,443.78
Staff's cost estimate for this work is approximately $525,000.
Because the scores for ERA and Mooney were so close,the panel
utilized the consultants'proposed costs as a tie-breaker to
determine the most qualified consultant.Mooney submitted a
cost proposal of $566,443.78 while ERA submitted a cost proposal
of $692,516.20.With ERA's propos~d cost being over 22%higher
than Mooney's,the panel selected Mooney as the most-qualified
consultant.
Staff checked Mooney's references and was given positive
feedback on their past performances on similar work.A summary
of the complete consultant evaluation is shown in Attachment C.
This contract amount includes all work expected to be performed
from March 2006 through February 2008.Staff recommends the
award of a professional services contract to Mooney,Jones &
Stokes for a not-to-exceed amount of $566,443.78.
3
FISCAL IMPACT,~
The committed funds for this contract totaling $566,443.78 will
be expended from FY 2006 through FY 2008.The costs falling
within FY 2006,estimated at $110,000,are covered by the
existing operating budget
Costs falling within the future fiscal years will be budgeted
for in the normal budget process accordingly.Staff does not
anticipate that future years'budgets will increase due to this
contract.
STRATEGIC GOAL:
This project supports the District's strategic goal of creating
a comprehensive environmental program that is proactive in
response to environmental compliance
LEGAL IMPACT:
None.
G~neral Manager
Attachments
RS/RP:kr
P,\WORKING\CIP W2S3 HMA\WO 864S\Staff Reports\CMTE 2006-2007 HMA Monitoring Contract,02-22-06 .doc
4
.................................................................................................1
ATTACHMENT A
.....,.,_•_•••••••••••••••_"....................,,_,··"•HH .r··SUBJECT/PRoJECT:i Award of a Professional Environmental Services Contract forItheHabitatManagementAreaMaintenanceandMonitoring
i during Calendar Years 2006 and 2007
I
COMMITTEE ACTION:
On February 22,2006,the Engineering and Operations Committee
met and supported staff's recommendation.
NOTE:
The "Committee Action"is written in anticipation of the
Committee moving the item forward for board approval.This
report will be sent to the Board as a committee approved item,
or modified to reflect any discussion or changes as directed
from the committee prior to presentation to the full board.
ATTACHMENT B
SUMMARY OF PROPOSAL RANKINGS BY PANEL MEMBERS
San Miguel Habitat Management Area and Associated Mitigation Projects
CIP No.P1253·004000-3206
ATTACHMENT C
WRITTEN >ORAL )
Knowledge of AVERAGE
Completeness,Qualifications,jurisdictional Total manhours SCORES TOTALExperienceagencies,Proposed AdditionaladdressesallexperienceofrelevanttoProposedlocalareaConsultant's submitted,ability schedule for creativity,insight Understanding of Strength of Presentation,Quality of SCORErequestedConsultant's type of project method to environmental commitment to References to complete completing the to scope,schedule,project communication response to
information (see assigned being considered accomplish work concerns,and EBEs and SBEs projects within Scope of Services issues resources manager skills questions
ltemVin RFP)personnel regulatory budget
requirements
SCORE 10 15 10 15 10 5 15 15 5 10 10 10 10 10 150
Rod Posada 8 13 10 13 9 5 9 8 7 8 8 128.5
118.6
Dudek &Assciates Hoosein Juybari 7 7 7 10 7 3.5 7 8 7 8 8 110
Don Henderson 9 12 8 13 8 3 7 8 8 9 7 122.5
.~~~
Rob Scholl 8 9 8 11 7 5 5 8 7 5 10 113.5
Rod Posada 9 13 10 14 9 5 8 10 9 9 9 135.5
EcoSystems Restoration Hoosein Juybari 8 9 8.5 11 9.5 3 8 9 8 9 8 121.5 126.3AssociatesDonHenderson91310149368798126.5
Rob Scholl 9 11 10 14 4 3 7 9 9 8 7 121.5
Rod Posada 9 13 10 15 9 5 9 8 9 10 9 135
Mooney,Jones &Stokes Hoosein Juybari 8 9 9 13 9 3.5 9 9 9 10 9 126.5 126.6
Don Henderson 9 11 8 13 8 4 8 8 8 9 8 123
Rob Scholl 7 12 9 13 6 5 7 9 8 8 9 122
P:\WORKING\CIP W253 HMA\WO 8645\Agreements-Contracts-RFPs\2006 2007 HMA Monitoring\Rfp08 Proposal Rating Form
AGENDA ITEM 7
STAFF REPORT
TYPE MEETING:Regular Board
SUBMITTED BY:Rod Posada,Chief of Development
Services ~~~~
MEETING March 13,2006
DATE:
W.O.lG.F.NO:DIV.NO.All
APPROVED BY:
(Chief)
APPROVED BY:
(Ass!.GM):
SUBJECT:
Rod Posada,Chief of Development Services
Manny Magafi.a~\?.l)~0
Assistant ~~an~re~,tngineering and Operations
Adopt Resolution No.40~9 Amending Policy 21 -Policy for
Selection of Professional Consultants
GENERAL MANAGER'S RECOMMENDATION:
That the Board adopt Resolution No.4069 amending Policy 21 -
Policy for Selection of 'Professional Consultants.The proposed
revisions are intended to clarify the District's procedure for
the hiring of professional consultants.
COMMITTEE ACTION:
The proposal to adopt Resolution No.4069 amending Policy 21 was
presented to the Engineering and Operations Committee on
November 28,December 20,2005 and on February 22,2006.The
Committee supported staff's recommendation.
PURPOSE:
Amendment of Policy 21 -Policy for Selection of Professional
Consultants.
ANALYSIS:
Members of the Engineering and Operations Committee desired to
evaluate and revise Policy 21 procedures to allow a larger
diverse consultant group more opportunities when proposing on
District's projects.Otay staff,with input from committee
members,has revised the policy.This revised policy addresses
the issues raised by Committee members to increase the
participation of small and disadvantaged professional consultant
firms in the submittal of proposals to the District.The Policy
21 was last revised in August,1992.
To effectively implement increased opportunities for
consultants,the revised policy requires that:
1)All projects in which a consultant is required,and in which
a service fee is estimated to exceed $50,000,be advertised in a
local newspaper of general circulation,on the Dist~ict's
webpage and on the County Water Authority's Small Contractor
Outreach and Opportunities Program (SCOOP).All projects with
fees between $5,nOO and $50,000 will be advertised as above,
except for the publication in a paper of major circulation.
The revised policy requires that staff distribute Request for
Proposals (RFPs)to all interested parties,subject to their
prior submittal of a Letter of Interest and a Statement of
Qualifications.
2)For fees in excess of $200,000,the proposals'evaluation
panel is comprised of a team of ~t least five qualified staff
members who will rank and interview the top-ranked consulting
firms.The evaluation criteria must be approved by the General
Manager or his/her designee prior to the issuance of the RFP.
For fees of less than $200,000,the same procedure applies as
above,except that no interview will be conducted.
3)In addition to qualifications and experience,the evaluating
panel shall consider the fee proposed by the consultants in
connection with the services.
4)A new category was created for minor-intermediate projects.
5)A new anticipated fee structure was redefined as follows:
2
Major Projects:The anticipated fee is revised to greater
than $200,000.
Intermediate Projects:The anticipated fee range is
revised to $50,000 -$200,000
Minor-Intermediate Projects:This new category
established for fees between $5,000-$50,000.
Minor Projects:For fees less than $5,000.
A sample score matrix is included as Exhibit "A",existing
Policy 21 as Exhibit "8"and,the revised Policy 21 as Exhibit
"C".
FISCAL IMPACT:
1.Publication cost will increase $500 -$1,000 per RFP.
2.Presently,staff analyzes an average of five proposals per
RFP.There is the potential that more than 'five proposals
will be received,increasing the staff time for analysis and
recommendations of the highest ranked consultants.
STRATEGIC GOAL:
This item is in line with the District's Strategic Focus Areas:
Community and Governance,and Financial Health.
LEGAL IMPACT:
This policy has been reviewed by Legal Counsel and no adverse
impacts have been identified.
RP kr
Exhibits
P:\Public-s\STAFF REPORTS\BD 03-13-06,Amendment to Policy 21 {SO,RP}.doc
3
RESOLUTION NO.4069
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
OTAY WATER DISTRICT
AMENDING POLICY NO.21 DISTRICT
POLICY FOR SELECTION OF PROFESSIONAL
CONSULTANTS
WHEREAS,the Development Services staff routinely evaluates
and makes recommendations to update,revise and replace Board
policies,in order to ensure that the policies are maintained to
promote best management practices,and
WHEREAS,the Development Services,and Engineering and
Planning staff has determined that there is a need to amend
Policy No.21 -Policy for the Selection of Professional
Consultants,in order to clarify the District's procedure for
selecting consulting firms for various projects in Development
Services,and Engineering and Planning Departments.
WHEREAS,the Board wishes that the policy be amended
as per the attached copy.
NOW,THEREFORE,BE IT RESOLVED by the Board of Directors .of
the Otay Water District as follows:
Amend Policy No.21 -Policy for the Selection of
Professional Consultants,in order to clarify the District's
procedure for selecting consulting firms.
1
PASSED,APPROVED AND ADOPTED by the Board of Directors of
Otay Water District at a regular meeting held this 13th day of
March,2006,by the following vote:
Ayes:
Noes:
Abstain:
Absent:
President
ATTEST:
Secretary
P:\Public-s\STAFF REPORTS\Res4069 Amend Policy 21 2-15-06.doc
2
ATTACHMENT A
,
........................................................................................................!
rsUBJEcTjpR6JEcT:·T·Ad;pt·R·e·s··oiutio·~···N;:···466·9·········AIT;e~di~·g·t;·poii~y2i=·poiic·y·········....,
I for Selection for Professional Consultants
i w.o.No..i PROJECT:L...
COMMITTEE ACTION:
The Engineering and Operations Committee met on
November 28,December 20,2005 and February 22,2006,and
supported staff's recommendation.
NOTE:
The "Committee Action"is written in anticipation of the
Committee(s)moving the item forward for Board approval.This
report will be sent to the Board as a Committee(s)approved
item,or modified to reflect any discussion or changes as
directed from the Committee(s)prior to presentation to the full
Board.
4
(WRITTEN
SUMMARYOF PROPOSAL RANKINGS BY PANEL MEMBERS
[PROJECT TITLE I
ProjectISUbprojectNos.:[
)ORAL*---------~)
Qualifications,
experienceof
Consultant's
assignedpersOMet
Experience
relevantto
typeofproject
beingconsidered
Proposed
method 10
accomplish wcrk
Knowledge of
jurisdictional
agencies.localarea
environmental
concerns,and
regulatory
requirements
ProposedFee
Completeness,
addressedrequeste
Information
Ability10complete
projectsonschedule
Consultant's
commitment
to ESE,DBE,
MBE,SSE
Additionalcreativity.
insightto
Issues
Understandingof
scope,schedule.
resources
Strengthofproject
manager
Presentation,
communication::;kills
Qualityofresponse
loquestlons
TOTAL
SCORE
AVERAGE
SCORE References
SCORE
Firm 1
Firm 2
Firm 3
Firm4
Firm 5
Reviewer#1
Reviewer#2
Reviewer#3
Reviewer#4
Reviewer#5
Reviewer#1
Reviewer#2
Reviewer#3
Reviewer#4
Reviewer#5
Reviewer#1
Reviewer#2
Reviewer #3
Reviewer#4
Reviewer#5
Reviewer#1
Reviewer#2
Reviewer#3
Reviewer#4
Reviewer#5
Reviewer#1
Reviewer#2
Reviewer#3
Reviewer#4
Reviewer#5
15 15 10 10 20 15 10 5 10 10 10 10 10 150~
#REF!
#REF!
#REF!
#REF!
#REF!
#REF!
#REF!
#REF!
#REF!
#REF!
Note:These scores are typical fora particular project.Actual weight scores may varyand will be published as part ofthe RFP.
•Oral Interviews are forprojects with fees over $200,000.
**Iffees are lessthan $200,000,then total score is 100 points.
P:\FORMS\RFP RatingForm Template(redesigned02-14-06).xls
EXHIBIT "B"
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy Date Date
Number Adopted Revised
POLICY FOR SELECTION OF PROFESSIONAL 21 8/1/90 8/19/92
CONSULTANTS
I.PURPOSE
The purpose of this policy is to establish procedures governing
the selection of professional consultants in the performance of
District work.
II.SCOPE
This policy is applicable to all District departments and offices
directly responsible to the General Manager.
III.POLICY
Professional consultants for specific engineering,architectural,
landscape architectural,environmental,land surveying and con-
struction management projects requiring a special expertise may be
retained from the private sector to augment the District's
professional capabilities during peak workload periods and for
specialized services not available to the District from the
existing District work force.
Consultant services may cover a wide range of professional activ-
ity including studies,special reports,design and related activi-
ties on such projects as pipelines,pump stations,reservoirs,
planning studies and other expert testimony capabilities.
In conformance with California Government Code Section 4526,the
Otay Water District shall retain professional services on the
basis of demonstrated competence and qualifications for the types
of services to be performed and at fair and reasonable prices to
the public agencies.Maximum participation of small business
firms,as defined in Government Code Section 14837,and disadvan-
taged business enterprises (DBEs)shall be encouraged.Government
Code Section 14837 defines "small business"as a business in which
the principal office is located in California and the officers of
such business are domiciled in California,which is independently
owned and operated and which is not dominant in its field of
operation.
IV.METHOD OF SELECTION OF PROFESSIONAL CONSULTANTS
A.Major Projects -Anticipated Fee Greater than $75,000
1.District staff shall ascertain from informed sources the
names of not less than three consulting firms qualified
for the service desired who are professionally and
financially qualified to undertake the proposed
Page 1 of 4
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy Date Date
Number Adopted Revised
POLICY FOR SELECTION OF PROFESSIONAL 21 8/1/90 8/19/92
CONSULTANTS
assignment.When three potential candidates are
unavailable,General Manager approval must be obtained
to solicit from a smaller selected list.
2.The consultants selected will be advised of the Dis-
trict's project and requested to submit their proposal
for performing the desired services.The form of the
proposal will be prescribed by the District.
3.The General Manager and the appropriate department
head(s)shall appoint a review panel of qualified staff
to interview the consulting firms which in the panel's
opinion appear to have the most desirable qualifica-
tions.Additionally,when desired by the Board,an
appropriate committee of the Board shall be members of
the review panel.On occasion of an unusual project
which poses special problems beyond the scope previously
encountered by staff personnel,the review panel may be
augmented by an unbiased,qualified member of the pro-
fession being considered.
4.Immediately upon conclusion of interviews,the review
panel shall designate the order of preference of the
candidates.
5.The department head designated by the General Manager
shall commence negotiations of an agreement with the
first choice of the review panel for the extent of serv-
ice to be rendered and the compensation.If agreement
is not reached within a reasonable time,the department
head shall terminate the negotiations with the first
choice and shall open negotiations with the second
choice of the review panel.Professional societies and
organizations have published schedules of fees for
professional services which may be used as a guide fol-
lowing adjustment to reflect the actual scope of work
expected of the proposed consultant.
6.The appropriate department head shall then present the
negotiated agreement to the General Manager and to the
Board for approval of the selection,the proposed con-
tract and authorization for the General Manager to exe-
cute the contract.
B.Intermediate Projects -Fee of $10,000 to $75,000
1.The appropriate department head shall request proposals
of a minimum of three qualified firms or individuals,·
Page 2 of 4
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy Date Date
Number Adopted Revised
POLICY FOR SELECTION OF PROFESSIONAL 21 8/1/90 8/19/92
CONSULTANTS
unless three qualified firms are not available and
General Manager approval is secured to solicit proposals
from fewer candidates.
2.The appropriate department head shall present the selec-
tion and the proposed contract to the General Manager
and the Board for approval and for authorization for the
General Manager to execute the contract.
C.Minor Projects -Fees Less than $10,000
1.Department heads shall maintain a current file on quali-
fied professional consultants in various categories.
When selecting a consultant to provide services on a
specific project,the department head,in addition to
capability and qualifications,shall consider consult-
ants on a rotational basis wherever feasible.This
selection is subject to the negotiation procedure.
2.The appropriate department head shall present the con-
tract/purchase order to the General Manager for
approval.
3.The final purchase order shall then be executed by the
Purchasing Agent.
v.PROCEDURAL REQUIREMENTS FOR SELECTION OF CONSULTANTS FOR MAJOR
PROJECTS
1.The appropriate department head issues an invitation for
proposals to qualified practitioners who may be interested in
the project or program under consideration.The response to
the invitation is,in itself,part of a testing procedure.
The information requested is summarized by the staff of the
department.
2 .A review panel
stated policy.
able prior to a
others prior to
is appointed in accordance with the above-
Review panel member names are not made avail-
call for interview or generally released to
completion of the interviews.
3.The first choice of the review panel is called for negotia-
tion.If an agreement cannot be negotiated,the second
choice is called and the first choice is dismissed from fur-
ther consideration on that particular project.
4.A successful negotiation shall result in presentation by the
department head to the General Manager of a signed profes-
Page 3 of 4
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy Date Date
Number Adopted Revised
POLICY FOR SELECTION OF PROFESSIONAL 21 8/1/90 8/19/92
CONSULTANTS
sional agreement.The agreement may provide for differing
methods of compensation based upon the type of work to be
performed."Per diem"or "hourly"compensation is the gen-
eral rule when specific scope of work is yet to be deter-
mined.This type of compensation should carry a stated maxi-
mum amount which will not be exceeded except by prior Dis-
trict approval.Fixed-fee or cost-plus-fixed-fee compensa-
tion is commonly used after scope of work has been explicitly
identified.Compensation is paid as services are performed
rather than in advance.
5.All agreements for professional services shall provide for
the management phase of the resulting contract.A single
project manager shall be designated by the consultant and a
liaison manager shall be designated by the District for pur-
poses of contract administration.
6.Late responses or untimely responses by prospective candi-
dates should not be considered for further action.The
ability to respond to an invitation for consideration in a
timely and responsive manner is essential to a future satis-
factory contract relationship.
7.All proposed contracts shall be reviewed by the District's
Legal Counsel and approved as to form prior to presentation
to the General Manager.
8.The department head shall insure that other departments which
have a proper interest in the work under consideration are
kept informed as to the progress of the work and that user
decisions and desires are constructively considered within
the constraints of financial and practical limitations.
Page 4 of 4
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy Date Date
Number Adopted Revised
POLICY FOR SELECTION OF PROFESSIONAL 21 8/1/90 8/19/92
CONSULTANTS
I.PURPOSE
The purpose of this policy is to establish procedures governing
the selection of professional con~ultants in the performance of
District work.
II SCOPE
This policy is applicable to all District departments and offices
directly responsible to the General Manager.
III.POLICY
_.fgS__tJ1_~_.ur ose of this olicy,"professional consultants"means
?-}ly "Firm"qualified and authorized to R!ovide "architectural L
landscape architectural,enqineerinq,environmental,and land
surveYiQg services"or "constr~.tion proj ect mana~ement"or
"environmental services",as each of those terms or services is
~efined in the California Government Ggde,commencing with Section
§452.?-,-.as hereinafter amended or renu~_e..J:"ec!.(the "Professional
Services Provisions").
This Policy provides a method and_p~~cedure pursuant to which-
,t2.rofessional.cOrl;~ult9:~t:s .!.!!__e..~gJ~e.e.Xj..~qL 9:~chi te.c.tural!.laI1d!?cape..
architectural,environmental,land surveying and construction
management,including plan checking,inspection,and projects
requiring a special expertiseL may be retained from the private
sector to augment the District's professional capabilities or for
the performance _<2..~..~pe.ctali<:E!cl~en'i.<::e~.~9t .avai:lap1E!.t::o.t::h~
District from the existing District work force.
~er~ice.s provided to the District by professional consultants .~9:Y
cover a wide range of professional activity including but not
IL~ited to studies,special reports,design and related activities
on such projects as pipelines,pump stations,reservoirs,planning
studies and other expert testimony capabilities.
gursuant to the Professional Services Provisions,and particularly .
the provisions of the California Government Code Section §4526,
the Otay Water District may adopt procedures th~t assure that
professional services are engaged on the basis of demonstrated
competence and qualifications for the types of services to be
performed and at fair_and reasonable prices.Furthermore,~~~imu~
participation of small business firms,as defined in Government
Code Section 14837,and disadvantaged business enterprises (DBEs)
shall be encouraged.Government Code Section 14837 defines "small
Page 1 of 5
EXHIBIT "C"
Deleted:P
Deleted:for specific
Deleted:during peak workload
periods and for
. (Deleted:Consultant services
Deleted:In conformance with
California Government Code
Section 4526,the Otay Water
District shall retain
professional services on the
basis of demonstrated
competence and
qualifications for the types
of services to be performed
and at fair and reasonable
prices to the public
agencies.
Deleted:M
OTAYWATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy Date Date
Number Adopted Revised
POLICY FOR SELECTION OF PROFESSIONAL 21 8/1/90 8/19/92
CONSULTANTS
business"as a business in which the principal office is located
in California and the officers of such business are domiciled in
California,which is independently owned and operated and which is
not dominant in its field of operation
IV.METHOD OF SELECTION OF PROFESSIONAL.CONSULTANTS
A.Major Projects -Anticipated Fee Greater than $20~,000
.The Di?J:.~ict--",,-LP a9.".:erJ:j,.~~_in at least one local
newspaper of general cif~ulatton,on the_District's
webpage,and through CWA's Small Contractor Outre~ch and
9IJJ29!:!1,l!ltJ:A~~..~r~g_r:.~lJl.~L.and ~X!Q~h.eL[ll~dium deemed
appropriate by the pro~t manager,before a Request for
£,roposal (RFP)is issued .!nte!:es!..~Q..J2arti~§..wil~
requif~~~-9~bmit a Letter of Interest and a Statement
of Qualifications within the time frame specified in the
publication.The "Statement of Qualifications"shall be
a writt~!l-9gcume!lt I shall contain.J?ack9!:Qund information
on the firm that is current as of the date of submissionofthestatementandmusthighlightthework,expertise
an~~~erience that..gl,1;9-.1ify the.fiflll_.!:.Q und~.rt~5__th~_.
work reguired by the District,as such work is described
in the publication.
(Deleted:7s
Deleted:District staff shall
ascertain from informed
sources the names of not
less than three consulting
firms qualified for the
service desired who are
professionally and finan-
cially qualified to under-
take the proposed
assignment.When three
potential candidates are
unavailable I General Manager
approval must be obtained to
solicit from a smaller
selected list.
2.
3.
All parties who submit Letters of Interest and am.....
Statement of Qualifications,and are deemed gualified as
~result of the Statement of Qualifications process,
will receive a copy of the RFP.Proposals will only be
C!.Q~e.p'!:ed from .tho~§Urm..s ~ll@:!:_suJ:?m:i,tt~.<:J._~th~_~~!:!~_Qi
Interest and the Statement of Qualifications within the
time-frame specified in the publication.The form of
the proposal will be prescribed by the District.~
firm has submitted a Statement of Qualifications within
~calendar y~ar and the qualifications remain correct -
C!nd_ac<;:urate,then only a letter_.()_f interes.t wil..l__
suffice.
The General Manager and the appropriate department
head(s)shall approve the selection criteria and the
associated weighing factor to be used in evaluating the
proposals accepted by the District in accordance with
Paragraph 2,above.The General Manager or his/her
g~~nee_~hal~appointa review panel of no fewer than
five qualified staff to ~eview and evaluate the
proposals,~nd to rank the firms in the order from most
gualified to least gualified.The panel will interview
only those firms which in the panel's opinion appear to
Page 2 of 5
Deleted:The consultants
selected will be advised of
the District's project and
requested to submit their
proposal for performing the
desired services.
Deleted:interview the
consulting firms which in
the panel's opinion appear
to have the most desirable
qualifications.
Additionally,when desired
by the Board,an appropriate
committee of the Board shall
be members of the review
panel.On occasion of an
unusual project which poses
special problems beyond the
scope previously encountered
by staff personnel the
review panel may be
augmented by an unbiasedI
qualified member of the pro-
fession being considered.
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy Date Date
Number Adopted Revised
POLICY FOR SELECTION OF PROFESSIONAL 21 8/1/90 8/19/92
CONSULTANTS
hav~_j:J'l~_ll1.()~Lc:!esiJ:aJ2J~ql!~lificati_on~..:r:J in the ,.
opinion of the panel none of the firms are qualified,
all proposals may be rejected.In the event of an
1,lpusuaI_Q:fQj..e=.c:.!:..whi_cJ~_2Qse§._§.p.~c:.t~.L.EJ:'.<:JPJ:.E='J!l~_..Q~Y.9p...c:J._t::h~.
scop~.Rreviousl.'L_~ncQ.l!IJ.teredby staff personnel,the
J:'..E=',!iew panel may~ugmented by an unbiased,qualified
member of ,th~..p.f:Qfes.i:3ioQ.j)..E='.~J:!9..goIl.~iger.§'gL.--eo IOrlg_~§...
he/she has not and will not submit a proposal.
4.If a firm_is.!:.~j ecLed on the basis of its_proP9sa1 ,_and .•
is not_~§.ke_g,.tQ...9-..pP.E='ar for an.intervie~L..tJ:le firm ~aL
~l the d~ciE;ion by.J;~hmitti.!lg_a"protei:3tto the
G~neral Manager or his/her deslgnee.A copy of the
proposal shall be submitted with the Qrotest.The
protest shall be filed within five business days of the
I~_~c:.tion notification.The protest shall provide a
comp...E='lJ.i:Q9 reasoB~the fi~-mlJelieves the original
proposal contained all relevant experience or other
J:'~quested ipformation.If the General Manager,or
his/her designee,concurs with the ~2~U.9-IJ.tL-.th~._U_I.£t!...
shall be added to the interview list.
Immediatelyup()Il <:()nclusion ():f..<:J_raLiIltE:rviews,th~.
review panel~s oral scores will be combined with the
written proposals scores and ~ha~l dE:s~gIlate the order ..
of preference of the candidates.
Formatted:Numbered +Level:1 +
Numbering Style:1,2,3,...+Start
at:4 +Alignment:Left +Aligned at:
1"+Tab after:1.5"+Indent at:
1.5"
(Deleted:4
..(Deleted:
J
B.
§..TlleclE:pa,rtmeIlt ..ll~a,cl.designa ted by..th~GE:neral.Manager-,
or his/her designee.shall commence negotiations of an
agreement with the first choice of the review panel for
the extent of service to be rendered and the
compensation.If agreement is not reached within a
reasonable time,the department head shall terminate the
negotiations with the first choice and shall open
negotiations with the second choice of the review panel.
and so on until a firm is retained or the list of
selected firms is exhausted.Professional societies and
organizations have published schedules of fees for
professional services which may be used as a guide fol-
lowing adjustment to reflect the actual scope of work
expected of the ,firm selected..,..
Page 3 of 5
{Deleted:5
,Deleted:proposed consultant
Deleted:6.
J Deleted:The appropriate
department head shall then
present the negotiated
agreement to the General
Manager and to the Board for
approval of the selection,
the proposed contract and
authorization for the
General Manager to execute
I the contract
Deleted:lQ
Deleted:7S
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy Date Date
Number Adopted Revised
POLICY FOR SELECTION OF PROFESSIONAL 21 8/1/90 8/19/92
CONSULTANTS
Minor-Intermediate Projects -Fees of $5,000 to $50,000
1.,'Il)e~ess for selecJ:inSL_c::oIl~ult",~ts~rint~rme~i~te__
projects shall be the sam~a~~~cribed in Sections IV-
A and V of this policy,with the exception of formal
intervie~s of the highest ranked consulta~t~__~h~Ql)are
gQt required,and subj~g~to other ap~licable exceptions
described below.
-----~--~-----
c.
1.The process for selectj,~3~2I}Sultanti3~forll1j.}!Q!:.::•
intermediate projects shall he the same as prescribe~in
Sections IV-B and V of this pOllCy,with the exception
()-.filcq'@:rti::>'~l11eI1:tiI}_~ero_Lrn~jor circulation,and
§~Qi~~LJ:~oth~:r_i):1::>:plLcabk__,,"2<ceQUoI}9__de§g_:riQ~_d_12elow-,-
Deleted:The appropriate
department head shall
request proposals of a
minimum of three qualified
firms or individuals,unless
three qualified firms are
not available and General
Manager approval is secured
to solicit proposals from
fewer candidates.~
~2 The appropriate
department head shall
present the selection and
the proposed contract to the
General Manager and the
Board for approval and for
authorization for the Gen-
eral Manager to execute the
contract.
Q,.
1.,The process for selectiI1~nsultaIl.t:~or minorJ2:r:Qt~.Q.t§
shalLJ2~__i!l-_9:c::.~Q:r:!:J.E_~ce wi~ll._th,,"-P!1rchasing Manual as
9:qopted by the Board.
Formatted:Numbered +Level:1 +
Numbering Style:I,2,3,'"+Start
at:1+Alignment:Left +Aligned at:
1"+Tab after:1.5"+Indent at:
1.5"
{Deleted:c I'.-~
Deleted:1.Q
PROCEDURAL REQUIREMENTS FOR SELECTION OF CONSULTANTS FOR MAJOR!
INTERMEDIATE AND MINOR-INTERMEDIATE PROJECTS
1.The appropriate department head~eive~oposalsfrom all
interested parties;which are defined as consultants that
have submitted a Letter of Interest and a Statement of _._-
Qualifications a"ci.~nne2i in Section IV-A-1.
2.The evaluating panel shall consider the qualification~_~
demonstrated experience of.t:~~ospecJ:iv~consultants as
well as the fee proposed by each firm to provide the services
as req~ested in the RFP.The 29nel will dete~mi~~which firm
offers the best value for the work required.Such
determination will be made with due consideration to all
factors including the.~llalifications,~proachto the scope
of work,and experience of the consultant,relative to the
~oject as measured in the score matrix.The weight assigI1,,"-q
to each factor under consideration will be reflected in the,
score matrix included in the RFP.
}..Areviewpanel isapp()inted inaccordcmC:E=with ,this pgHc:y.
Review panel member names are not made available to
consultan....t:9_prior to a call for intervie\>4..
Page 4of 5
Deleted:Department heads
shall maintain a current
file on qualified
professional consultants in
various categories.When
selecting a consultant to
provide services on a
specific project,the
department head,in addition
to capability and qualifica-
tions,shall consider
consultants on a rotational
basis wherever feasible
This selection is subject to
the negotiation procedure 1
~
2 The appropriate
department head shall
present the con-
tract/purchase order to the
General Manager for ~
Deleted:issues an invitation
for proposals to qualified
practitioners who may be
interested in the project or
program under consideration.
The response to the ~tFormatted:Bullets and Numbering l
Deleted:2
Deleted:the above-stated
Deleted:or generally
released to others prior to
completion of the interviews
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy Date Date
Number Adopted Revised
POLICY FOR SELECTION OF PROFESSIONAL 21 8/1/90 8/19/92
CONSULTANTS
The first choice of the review panel is called for negotia-
tion If an agreement cannot be negotiated,,t:l1e flrst ~l1~ice
will be.dismissedX~oITl.Xurtl:1e~cons.~der<?-tionon that par.-
ticular project.Following the dismissal of the first
~hQ~~~_gotiationswill commence with the second.
(Deleted:3
Deleted:the second choice is
called and
Deleted:is
;;..
6.
A succ~ss~ll:l n~g()t:i,a,t:i,()nshap :r:~i311lt in J~r:ei3~pt:a,t:i,()n py t:he
department head to the General ManagerL__9r his/her <!esigt!-e.s
of a ,professional .a,gr:~~ment_n~igned_trithe selected firm._.The
agreement may provide 'for differing methods of compensation
based upon the type of work to be performed."Per diem"or
"hourly"compensation is the general rule when specific scope
of work is yet to be determined.This type of compensation
should carry a stated maximum amount which will not be
exceeded except by prior District approval.Fixed-fee or
cost-plus-fixed-fee compensation is commonly used after scope
of work has been explicitly identified.Compensation is paid
as services are performed rather than in advance
All contracts in excess of the amount authorized by the Board·..
to the General Ma~ager or his/her designee,in accordance
with Section 2.01 of the District's Code of Ordinances,sh~11
be submitted to the Board for consideration.
MLa,g:r:e'e1Jlerlt:s .~()r:J~r()~~i3sional i3~:r:"i,C:t=!j.i3l1a,ll.pr()"Wt=J():r:
the management phase of the resulting contract.A single
project manager shall be designated by the consultant and a
liaison manager shall be designated by the District for pur-
poses of contract administration.
I,a,t:~r:~i3P()rli3~~..()r:llPt:i,1Jlt=:LYJt=i3P()Pi3t=~..py._Pr:()i3p~c:ti ve c:a,pqi,-dates should not be considered for further action.The
ability to respond to ~_~~bl!~ation or.an invitation for
consideration in a timely and responsive manner is essential
to a future satisfactory contract relationship,
Al:Lpr:Op()~~q.c:()Pt:r:a,c:t:s~ha)ll::J~:r:~"i,t=Voit=(:Ll::JY the District 's
Legal Counsel and approved as to form prior to presentation
to the General Manager.or his/her designee
(Deleted:4
[Formatted:Bullets and Numbering)
{Deleted:5
(Deleted:6
j Deleted:7
1:.9..'I'he depar:t:rn~Ilt:.hE:a,q !jha:Ll insur:t=t:ha,t:..()t:l1E:r:depart1Jl~pts Voihi,c:l1 .have a proper interest in the work under consideration are
kept informed as to the progress of the work and that user
decisions and desires are constructively considered within
the constraints of financial and practical limitations.
1,£,;:.,~,,'it¥2:·IU'\_'.Lt~-p(,("
Page 5 of 5
IDeleted:8
(Formatted:Font:6 pt_....:-----'
AGENDA ITEM 8
and Operations
BOARD MEETING
DATE:
W.O.lG.F.NO:
March 13,2006TYPEMEETING:
SUBMITTED BY:
APPROVED BY:
(Chief)
APPROVED BY:
(Asst.GM):
STAFF REPORT
Regular Board(\l~J:~{
Jim p~~\eY/RandY Klaahsen
Mehdi Arbabian,~/~/1
Chief,Engineering and Planning
Manny Magana,~~
Assistant General Manager,Engineering
30093 DIV.NO.3
SUBJECT:Award of a Construction Contract for the Sweetwater Springs
Agency Interconnection Project(P2422)
GENERAL MANAGER'S RECOMMENDATION:
That the Board of Directors award a construction contract to Arrieta
Construction Inc.,(Arrieta)in the amount of $129,884 for
construction of the Sweetwater Springs Agency Interconnection project
(please see Exhibit A for project location).
COMMITTEE ACTION:
Please see Attachment A.
PURPOSE:
To award a construction contract to Arrieta for the construction of
the Sweetwater Springs Agency Interconnection project.
ANALYSIS:
To increase reliability in the North District during local emergency
pipeline breaks,and to help supply demand during San Diego County
Water Authority Pipeline No.4 shutdowns,Otay Water District (Otay)
has planned a new interconnection with Helix Water District (Helix).
Otay and Helix have identified a new interconnection that will
mutually benefit both Districts because the two systems operate at
the same hydraulic grade line (850 feet).Through Otay and Helix
hydraulic computer modeling efforts,it has been determined that the
interconnection will be capable of transferring approximately 1
million gallons per day.
Since either District can benefit from the interconnection,Helix and
Otay have entered into an agreement to share (50%for each District)
the cost of planning,design,construction,operation,and
maintenance of the facility.The total cost of this facility is
estimated to be $160,000.
Staff developed the bid documents in-house,and the project was
advertised for bid on January 5,2006.Bids were opened on
Wednesday,February 8,2006,with the following results:
ENGINEER'S ESTIMATE $133,914
Bidder
1.Arrietta Construction,Inc.
(El Cajon,CAl
2.Khavari Construction,Inc.
(San Diego,CAl
3.RMR Construction,
(Spring Valley,CAl
4.Mocon Corporation
(Indio,CAl
TOTAL BID
AMOUNT
$129,884.00
$138,750.00
$158,505.00
$206,700.00
The evaluation process included reviewing all bids submitted for
conformance to the contract documents plus a detailed review of each
contractor's bid proposal.The lowest bidder,Arrieta,.submitted a
responsive bid and holds a valid Class A Contractor's License as
required by the specifications.Arrieta's past performance with the
District on both reservoir and pipeline projects has been good.
Reference checks indicated that Arrieta's performance was rated as
very good to excellent on similar projects.Staff recommends award
of a construction contract to Arrieta in the amount of $129,884.
FISCAL IMPACT:~
The approved total budget for CIP P2422 is $258,000.
commitments and expenditures to date,including this
$205,143.
Total
contract,are
Finance has determined that 100%of the funding will be available
from the Expansion Fund.
STRATEGIC GOAL:
This project supports the following strategic goal:
construct new infrastructure -satisfy current and
for Potable,Recycled and Wastewater Services."
"Design and
future water needs
LEGAL IMPACT:
None.
General Manager
MA/JP/RK/MF:kr
Attachments
ATTACHMENT A
r"sUi3JEcfijiRoJECT:T-A;;;a:"rd"";;f'a Const ruct'i"c:;'~"C"'o'~tr~ct f or..··th~Swe e twat e r"'spr"i~g'~"
1..__~~=.~,:~~I:~~~..~.~~~.~.~~~~~.~~~~..~~~(P2
4
22
)..............,.....1
COMMITTEE ACTION:
On February 22,2006,the Engineering and Operations Committee
met and supported staff's recommendation.
NOTE:
The "Committee Action"is written in anticipation of the
Committee moving the item forward for board approval.This
report will be sent to the Board as a committee approved item,
or modified to reflect any discussion or changes as directed
from the committee prior to presentation to the full board.
P:\WORKING\CIP W422\WO 30093\Staff Reports\Staff Report Sweetwater Sprgs Interconnect.doc
IMPERIAL
BEACH
1"=80'
VICINITY MAP
LANELOMA
\.t EXIST.
~~""""I--+--OWD 12"ACP
c:WATERMAINr-~.»4:~:
ENTRANCE TO
MONTE VISTA
HIGH SCHOOL
OTAY WATER DISTRICT
PROPOSED AREA __"'\--........
OF CONSTRUCTION
EXIST.
HWD 8"ACP ~--~
WATERMAIN
~HELIX WATER DISTRICT
-a:
G.:IIn+':.fi:e~I-------------.,u£
"LL:J--C'l0'o'"C'l
o)<o:~I-----....-------....--....-....----------...(\j
~OTAY WATER DISTRICT
tiG AGREEMENT FOR EMERGENCY INTERCONNECTION~BETWEEN HELIX WATER DISTRICT AND OTAY WATER DISTRICT
o~WO 30093 CIPW422
O:....._.....~~I111!11!11!~~~---------..EXHIBIT A
-----------------+,:a]"xw~I-------------
!...0
AGENDA ITEM 9
STAFF REPORT
N/A
NO.
DIV.
March 13,2006
9066
MEETING DATE:
W.O./G.F.NO:
Regular Board
Jim peaSley'f
Mehdi Arbabia~~~I/dfY
Manny Maga~~
Authorization of GeneVal Manager to Execute the Cooperative
Sub-Agreement for the United States Bureau of Reclamation
Funding for the Otay Water District Recycled Water
Infrastructure Program Between the City of San Diego and
Otay Water District (Project No.P1210-017000)
APPROVED BY:
(Asst.GM):
SUBJECT:
APPROVED BY:
(Chief)
TYPE MEETING"
SUBMITTED BY:
GENERAL ~AGER'S RECOMMENDATION:
That the Board of Directors authorize the General Manager to
execute the Cooperative Sub-Agreement for the United States
Bureau of Reclamation Funding for the Otay Water District
Recycled Water Infrastructure Program Between the City of San
Diego and Otay Water District.
COMMITTEE ACTION:
Please see Attachment A
PURPOSE:
To obtain Board authorization for the General Manager to execute
the Cooperative Sub-Agreement between the City of San Diego
(City)and Otay Water District (Otay)for the United States
Bureau of Reclamation (USBR)Title XVI funding for Otay Recycled
Water Infrastructure Program.
ANALYSIS:
The Reclamation Wastewater and Groundwater Study and Facilities
Act of 1992,Public Law 102-575,Title XVI,Section 1612
authorizes the Secretary of the Interior to participate in the
construction of water reclamation projects in the San Diego
area,with Federal financial participation limited up to 25
percent of eligible project costs.It has been determined by the
USBR's legal counsel that the City is the agency authorized to
receive Federal funding under this authority.Therefore,the
Cooperative Agreement between the City and USBR and the
Cooperative Sub-Agreement between the City and the Otay,
provides the vehicle for the flow of Federal funding to Otay
through the City for the Otay's Recycled Water Infrastructure
Program.
The purpose of the Cooperative Agreement and the Cooperative
Sub-Agreement provides Federal funding to plan,design,and
construct the Otay's Recycled Water Infrastructure Program that
will distribute recycled water for beneficial use.When
completed,the system will provide an ultimate estimate of 9,219
acre-feet of recycled water annually.The use of recycled water
for beneficial purposes will reduce the demand for imported
water,improve local water resources,and provide essentially a
continuous and dependable source of supplemental water for the
area.These agreements cover the costs necessary for
construction of the Otay's Recycled Water Infrastructure
Program,which consists of the remaining identified recycled
water capital improvement facilities.The total estimated cost
of these projects is $80.65 million.
Funds for payment under the first year of the Cooperative
Agreement are included in the fiscal year 2006 Energy and Water
Development Appropriations.For the first year the total
obligation of USBR under the Cooperative Agreement is $1.2
million.Funding for any additional years of the agreement is
contingent upon subsequent Congressional funding.The Federal
obligation under the Cooperative Agreement is contingent upon
the availability of appropriated funds.No legal liability on
the part of the Federal Government for any payment may arise
until funds are made available for the Cooperative Agreement.
Also,under the terms of the Cooperative Agreement Otay will be
entitled to incur costs in a total amount not to exceed $10
million for allowable costs incurred on or after January 1,
2001,which occurred after execution of the Cooperative
Agreement.In accordance with the Cooperative Agreement,Otay
is eligible to receive reimbursement for a portion of total
allowable costs in an amount up to and not to exceed $2.5
million (i.e.25%of $10 million).
The City Council,by Resolution No.R-288617,authorized the
City Manager to enter into agreements with USBR and sub-
agreements with participating agencies such as Otay for
implementation of the Title XVI funding program.
The City and USBR plan to enter into the Cooperative Agreement
to provide funding,and City and Otay plan to enter into the
Cooperative Sub-Agreement to distribute funding to Otay.
It is the Otay's promise to perform the contractual obligations
under the terms of the Cooperative Agreement otherwise the City
would not enter into the Cooperative A~reement and the
Cooperative Sub-Agreement.The City's role under the
Cooperative Agreement and the Cooperative Sub-Agreement is
merely to act as a "pass-through"agency in order for Otay to
obtain Title XVI funding.As such,the City's sole obligation
under the Cooperative Agreement is related to submitting funding
requests and accepting funding.The City is to transfer to Otay
any funding received by City less City's administration costs.
The administration costs are expected to be nominal and include
costs associated with preparing and reviewing funding requests,
distributing funding,responding to requests for information or
clarification,complying with reporting requirements,and
auditing.The City will have no other financial obligations
under the agreements.
The USBR,City,and Otay are essentially in the final stages of
having the necessary documentation and agreements in place.The
following are the three primary steps that remain to be
finalized and/or approved:
1.The Cooperative Sub-Agreement is in final form.City staff
is authorized to execute the Cooperative Sub-Agreement.Otay
is to approve and execute first,then the City.
2.City to sign the Application for Federal Assistance form and
send to USBR after fully executing the Cooperative Sub-
Agreement.
3.With the signed Application for Federal Assistance form,USBR
will send the Cooperative Agreement to their procurement
staff for approval.The Cooperative Agreement then needs to
be submitted to the USBR Solicitor for legal review.After
that,USBR should be ready to execute the Cooperative
Agreement.
See attached copy of the Cooperative Agreement (Exhibit A),the
Cooperative Sub-Agreement (Exhibit B),and the Application for
Federal Assistance Form (Exhibit C)for additional information.
Staff recommends the Board of Directors authorize the General
Manager to execute the Cooperative Sub-Agreement.
FISCAL IMPACT:
Within the Cooperative Agreement there is an estimate of $80.65
million for the Otay Recycled Water Infrastructure Program and
$10 million,for allowable costs incurred on or after January 1,
2001,in which costs incurred after execution of the Cooperative
Agreement.While in the development stages of the Cooperative
Agreement in cooperation with the USER staff,they have placed
within the Cooperative Agreement 25 percent of the $10 million
or up to $2.5 million available to Otay.Essentially the $10
million represents costs for recycled water projects constructed
after January 1,2001.Hopefully,other reviewers/approvers
within the Federal Government will not modify or limit the $10
million amount.
For the current Federal fiscal year there is $1.2 million for
Title XVI funding for Otay.The $1.2 million amount falls short
of 25 percent of the funds we expect to expend over the twelve
months of the Federal fiscal year.It is projected based upon
our CIP that at least $15 million will be spent on our recycled
water projects in the current Federal fiscal year.The total of
$15 million plus $10 million is $25 million and 25 percent of
$25 million is over $8 million consequently,the $1.2 million
falls far short.
USER staff states that Federal money for Title XVI funding will
be paid eventually at the total of 25 percent even though less
is budgeted in the near term.As additional funds become
available,USBR will continue to obligate funds to agreements
until they are fully funded.The intent is that the full 25
percent will be provided over time,as long as funds continue to
be appropriated by Congress.
The total estimated amount of USER Title XVI funding available
to Otay over time could be as much as 25 percent of $90.65
million or about $22.6 million.
The staff at the State Water Resources Control Board states that
the Proposition 50 grant funding of $4 million we have been
awarded for recycled water projects will not affect or reduce
the Title XVI funding levels.The USER staff states that the
Title XVI funding does not affect or reduce the Proposition 50
funding as well.
STRATEGIC GOAL:
The USBR Title XVI funding pursuit effort supports the Otay's
Mission Statement,"To provide safe,reliable water,recycled
water and wastewater services to our community in an innovative,
cost efficient,water wise and environmentally responsible
manner ",and the Otay's Strategic Goal,"To satisfy current and
future water needs for potable,recycled,and wastewater
services."
LEGAL IMPACT
None.
Encl:
JP/MA:kr
Attachment A
Exhibits A,B,C
~IIRJECT:
PROJECT:
ATTACHMENT A
Authorization of General Manager to Execute the Cooperative
Sub-Agreement for the United States Bureau of Reclamation
Funding for the Otay Water District Recycled Water
Infrastructure Program Between the City of San Diego and
Otay Water District (Project No.P1210)
W.O.No.017000
COMMITTEE ACTION:
The Engineering and Operations Committee met on February 22,
2006.The Engineering and Operations 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.
7-2277(02-02)
Bureau ofReclamation
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
ASSISTANCE AGREEMENT
EXHIBIT"A"
Page 1of22
1.AGREEMENT NUMBER 2.TYPEOF AGREEMENT 3.CLASSOF RECIPIENT
GRANT06FC350182 City GovernmentXCOOPERATIVEAGREEMENT
4.ISSUING OFFICE(NAME.ADDRESS)5.RECIPIENT(NAME.ADDRESS.TELEPHONE)
SCAO-2000 City of San Diego
Southern California Area Office WaterDepartment
Bureau of Reclamation 600 B Street Suite 1300
27708 Jefferson Avenue,Suite 202 San Diego CA92101-4588
Temecula CA 92590 DUNS #:785509175 EIN #:95-6000776
6.ADMINISTRATIVE POINT OF CONTACT (NAME.ADDRESS.TELEPHONE.E-MAIL)7.RECIPIENT PROJECT MANAGER (NAME.ADQRESS.TELEPHONE.E-MAIL)
Dennis D.Wolfe,'SCAO-2000 JeffUmbrasas
Bureau of Reclamation City of San Diego
27708 Jefferson Avenue,Suite 202 Water Department
Temecula CA 92590 600 B Street Suite 1300
Phone:951-695-5310,E-mail:dwolfe@lc.usbr.gov San Diego CA92101-4588
Phone:619-533-5491
8.TECHNICAL REPRESENTATIVE (NAME.ADDRESS,TELEPHDNE,E·MAIL)9.EFFECTIVE DATE
Dennis D.Wolfe,SCAO-2000
Bureau ofReclamation See Block 17A27708JeffersonAvenue,Suite 202
Temecula CA92590 10.COMPLETION DATE
Phone:951-695-5310,E-mail:dwolfe@lc.usbr.gov September 30,2006
11.PROGRAM STATUTORY AUTHORITY
P.L.102-575Title XVI,Section 1612
12.FUNDING INFORMATION 13.REQUISITION NUMBER
Recipient/Other Reclamation 0635010001
Total Amountof $79,445,000.00 $1,200,000.00Agreement:14.ACCOUNTING AND APPROPRIATION DATA
Amount of Funds $79,445,000.00 $1,200,000.00 CostAuthority:A10-1712-6000-195-20-0-0
Obligated:Cost Center:3501000
CostShare Ratio:98.5%1.5%OblecfCode:411C
15.PROJECTTITLE AND BRIEF SUMMARYOF PURPOSE AND OBJECTIVES OF PROJECT
ProjectTitle:Otay Water District,Recycled Water InfrastructureProgram,San Diego Water Reclamation Project
Summary Description:
This Agreement covers the activities and costs necessary for the design and construction of the Otay Water Districfs Recycled Water
Infrastructure Program thatwill provide the facilities necessaryfor a recycled water system within the District.
16a.Acceptanceof this AssistanceAgreementIn accordancewiththe terms and 17a.Acceptance ofthis Assistance Agreement In accordancewiththe terms and
conditions contained herein Is hereby made on behalf ofthe above·named conditions contained herein Is hereby made on behalfofIhe United Stales of
recipient America,Bureauof Reclamation
BY (signature)DATE BY(signature)DATE
16b.NAME,TITLE,AND TELEPHONE NUMBEROF SIGNER(T\'PBorprinl)17b.NAMEOF GRANTS ANDCOOPERATIVE AGREEMENTS OFFICER(T\'PBorprinl)
Name:Frank Belock,Jr.Name:Robert W.Johnson
Title:Director,WaterDepartment Title:Regional Director
TelephoneNo.:619-533-7555 TelephoneNo.:702-293-8411
OAdditlOnalsignaturesare attached
DOCUMENTSINCORPORATED HEREIN BY REFERENCE:None ..
Agreement No.06FC350182
Page 2 of22
I.SCHEDULE 3
1.Statement ofJoint Objectives Article 3
2.Project Management Plan Article 7
3.Financial Support Article 8
4.Pa)'Illent Article 9
5.Term ofthe Agreement Article 10
6.ProjectInformation System Article :~11
7.Property Management and Disposition Article.;11
II.SPECIAL PROVISIONS (JULY 2004)~~12
1.Grants And Cooperative Agreements Officer's Representative (GCAOR)(Reclamation 08/03)12
2.Modifications (Reclamation 08/03)12
3.Reporting Requirements And Distribution (Reclamation 11/03)13
4.Recipient's Project Manager (Reclamation 08/03)14
5.Key Personnel (Reclamation 08/03)14
6.Pa)'Illent Policy (Reclamation 11/03)14
7.Pa)'Illent Method (Reclamation 11/03)15
8.Funds Available for Pa)'Illent (Reclamation 08/03)15
9.Budget Revisions (Reclamation 08/03)~16
10.Reimbursable Costs and Limitations (Reclamation 08/03)16
11.Procurement Standards (Reclamation 08/03)16
12.Property Standards (Reclamation 08/03)16
13.Property Standards (Real Property)(Reclamation 08/03)16
14.Inspection (Reclamation 08/03)17
15.Audit (Reclamation 09/03)17
16.Enforcement (Reclamation 08/03)17
17.Termination (Reclamation 08/03)18
18.Preaward Incurrence ofCosts -Cost Sharing or Matching Agreements (Reclamation 08/03)18
19.Rights to Data (Reclamation 08/03)18
III.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
.'.
GENERAL PROVISION.S (JUNE 2004)19
Regulations and Guidance 19
Debarment and Suspension 19
Drug-Free Workplace 20
Assurances Incorporated byReference 20
Covenant Against Contingent Fees 20
Contracting with Small and Minority Firms,and Women's Business Enterprises 20
Notice Regarding Buy American Act 21
Resolving Disagreements ::.21
Lobbying.Restrictions :,22
Electronic Funds'Transfer (EFT)22
Endorsement ofCommercial Products and Services 22
Agreement No.06FC350182
Page 3 0[22
I.Schedule
1.Statement of Joint Objectives Article
1.1 Background.
Dependable water supplies for southemCalifornia are becoming more difficult to'develop and maintain.Continued
reliability oftraditional imported water sources such as the Colorado River and northern California is vague at·best.
The necessity to develop new sources and to fully utilize 'existing sources is very evident.This includes fully
developing and facilitating better use ofexisting water supplies.
The City ofSan Diego (City)and the Otay Water District (District)have been actively pursuing water recycling to
utilize recycled water for beneficial purposes.The City's South Bay Water Reclamation Plant (SBWRP)was
specifically constructed to produce recycled water that would be used by various entities in the vicinity.The .
District's Recycled Water Infrastructure Program (Project)is being planned and designed to maximize the use of
local water,from their own Ralph W.Chapman Water Recycling Facility and the SBWRP,resulting in a lower
overall demand for water imported to San Diego County.The Project will result in a projected annual use of9,219
acre-feet ofrecycled water.
Section 1612 ofPublic Law 102-575 specifically authorizes the Secretary ofthe Interior to participate in the
construction ofwater reclamation projects in the San Diego area,with Federal fmancial participation limited to 25
percent ofthe total project costs.It has been determined by the United States Bureau ofReclamation's (Reclamation)
legal counsel that the City is the only agency authorized to receive Federal funding under this authority.Therefore,
this Cooperative Agreement (Agreement)between the City and Reclamation and a subagreement between the City
and the District,will provide Federal funding for the Project.
1.2 Authority.
This Cooperative Agreement is entered into pursuant to the Reclamation Wastewater and GroUndwater Study and
Facilities Act ofl992 (P.L.102-575,Title XVI,Section 1612).
1.3 Objectives and Purpase..
This Agreement provides Federal funding to design and construct the District's Recycled Water Infrastructure
Program that will distribute recycled water throughout the District for beneficial use.When completed,the system
will provide about 9,219 acre-feet ofrecycled water annually.The use ofrecycled water for beneficial purposes will
reduce the demand for imported water,improve local water resources,substitute recycled water for potable water,
and provide a continuous and dependable source ofsupplemental water for the area.
1.4 Project Description.
This Agreement covers the activities and costs necessary for the design and construction of the District's Recycled
Water Infrastructure Program,which consists ofthe following components:
1.4.1.CIP No.R001;RecRes -450-1 Reservoir
The 450-1 Reservoir is to be located on a site within the Otay Valley Landfill property within its northwest comer.
This 12-million-gallon reservoir will provide the Central Area System with enough capacity to meet operational
storage requirements and receive supply from the City's SBWRP.
1.4.2.CIP No.R004;RecPS -680-1 Pump Station
The 680~1 Pump Station is to be located on the same site as the 450-1 Reservoir.This pump station has a capacity
of'11,500 gilm imd will suppl~the 680 and 944 Pressure Zones in the·Central Area System.Also included is a
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Agreement No.06FC350182
Page 4 of22
24-inch discharge pipeline to the existing Olympic Parkway recycled water main.
104.3.CIP No.ROB;RecPL -l6-lnch,944 Zone,East H Street -EastLake/Lane
This l6-inch pipeline is approximately 7,500 feet long in the 944 Pressure Zone and is located in East H Street
between EastLake Drive and Lane Avenue in the City of Chula Vista.
10404.CIP No.R016;RecPL -l6-lnc4,944 Zone,EastLake Parkway -Trinidad Cove/Olympic .
This l6-inch pipeline is approximately 3,500 feet long in the 944 Pressure Zon(1 and is located in EastLake Parkway
between Trinidad Cove and Olympic Parkway in the City ofChula Vista..
104.5.elP No.R019;RecPL -20-lnch,944 Zone,SDCWA RIW~944-1 Pump Station/Olympic
This 20-inch pipeline'is appro~imately 2,500 feet long'in the 944 Pressure Zone and is located in the San Diego
County Water Authority (SDCWA)right-of-way between the 944-1 Pump Station and Olympic Parkway in the City
ofChula Vista.
104.6.CIP No.R022;RecPL -30-lnch,450 Zone,Otay Valley -Dairy Mart Road/450-l Reservoir
This 30-inch transmission main is approximately 28,000 feet long in the 450 Pressure Zone·and extends from :Qairy
Mart Road in the Tijuana River Valley to the 450-1 Reservoir.This pipeline will transport up to 6 million gallons
per day ofrecyc1ed water from the City's SBWRP into the Central Area System.
1.4.7.CIP No.R025;RecPL -12-lnch,680 Zone,La Media Road -OlympiclBirch
This 12-inch pipeline is approximately 4,200 feet long in the 680 Pressure Zone and is located in La Media Road
between Olympic Parkway and Birch Road in the City ofChula Vista.
·1.4.8.CIP No.R028;RecPL:-8-lnch,680 Zone,Heritage Road -Olympic/Otay Valley
This 8-inch pipeline is approximately 9,300 feet long in the 680 Pressure Zone,located in Heritage Road from
Telegraph Canyon Road to Olympic Parkway in the City ofChula Vista.
1.4.9.CIP No.R029;RecPL -12-lnch,944 Zone,Otay Lakes Road -HuntelEastLake Vistas
This 12-inch pipeline is approximately 2,600 feet long in the 944 Pressure Zone,located in Otay Lakes Road
between Hunte Parkway and the EastLake Vistas Development project in the City ofChula Vista.
104.10.CIP No.R030;RecPL -8-lnch,944 Zone,EastLake Vistas -Otay Lakes/Olympic
This 8-inch pipeline is appro~imately 5,100 feet long in the 944 Pressure Zone,located in the.EastLake.Vistas
Development project betweenOtay Lakes Road and Olympic Parkway.. ..
1.4.11.CIP No.R03l;RecPL -12-lnch,944 Zone,EastLake Parkway -OlympiclBirch
This l2-inch pipeline is approximately 2,500 feet long in the 944 Pressure Zone,located in EastLake Parkway
between Olympic Parkway and Birch Road in the City ofChula Vista.
·1.4.12.ClP No.R032;RecPL -12-lnch,944 Zone,La Media Road-OlympiclBirch
This l2-inch pipeline is approximately 2,800 feet long in the 944 Pressure Zone,located in La Media Road between.
·Olympic Parkway and BirchRoad in the City ofChula Vista..
104.13.CIP No.R033;RecPL -12-lnch,944 Zone,Birch Road -La MedialEastLake
This l2-inch pipeline is approximately 6,300 feet long in the 944 Pressure Zone,located in Birch Road between La
Media Road and EastLake Parkway in the City of Chula Vista.
104.14.ClP No.R037;RecPL~·8-lnch:680 Zone,La Media Road -Rock Mountain/O~ayValley
This 8-inch pipeline is approximately 4,000 feet long in the 680 Pressure Zone,located in La Media Road between
Rock Mountain Road and Otay Valley Road in the City ofChula Vista.
104.15.CIP No.R038;RecPL."8-lnch,680 Zone,Rock Mountain Road -La Media/OtayYalley
This 8-inch pipeline is approximately 6,800 feet long in the 680 Pressure Zone,located in Rock M9untain Road
between La Media Road and Otay Valley Road in the City ofChula Vista..
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Agreement No.06FC350182
Page 5 of22
1.4.16.ClP No.R040;RecPL -l2-lnch,680 Zone,Hunte Parkway -Olympic/EastLake
This 12-inch pipeline is approximately 8,600 feet long in the 680 Pressure Zone,located in Hunte Parkway between
EastLake Parkway and Olympic Parkway in the City ofChula Vista.
1.4.17.ClP No.R041;RecPL -8-lnch,944 Zone,EastLake Parkway -Birch/Rock Mountain
This 8-inch pipeline is approximately 4,200.feet long in the 944 Pressure Zone,located in EastLake Parkway
between Birch Road and Rock Mountain Road in the City ofChula Vista.
1.4.18.ClP No.R042;RecPL -8-lnch,944 Zone,Rock Mountain Road ~SR 125/EastLake
This 8-inch pipeline is approximately 2,500 feet long in the 944 Pressure Zone,located in Rock MountainRoad
between State Route (SR)125 and EastLake Parkway in 'the City ofChula Vista..
1.4.19.ClP No.R043;RecPL -8-Inch,944 Zone,Rock Mountain Road -La Media/SR 125
This 8-inch pipeline is approximately 3,600 feet long in the 944 Pressure Zone,located inRock Mountain Road
between La Media Road and SR 125 in the City ofChula Vista.
1.4.20.ClP No.R047;RecPL -12-lnch,680 Zone,La Media Road -BirchIRock Mountain
This l2-inch pipeline is approximately 4,000 feet long in the 680 Pressure Zone,located in La Media Road between
Birch Road and Rock Mountain Road in the City ofChula Vista.
1.4.21.ClP No.R071;RecPL -12-lnch,944 Zone,Olympic Parkway -La Media/EastLa~e
This 12-inch pipeline is approximately 8,000 feet long in the 944 Pressure Zone,located in Olympic Parkway
between EastLake Parkway and La Media Road in the City ofChula Vista.
1.4.22.CIP No.R078;RecPL -8-lnch,680 Zone,Otay Valley Road -SR 125lHeritage
This 8-inch pipeline is approximately 14,000 feet long in the 680 Pressure Zone,located in Otay Valley Road
between SR 125 and Heritage Road in the City ofChula Vista.
1.4.23.CIP No.R079;RecPL -6-inch,450 Zone,Otay Valley Road -Otay ValleylHeritage
This 6-inch pipeline is approximately 2,400 feet long inthe 450 Pressure Zone,located in Otay Valley Road from
the intersection with Heritage Road and in Entertainment Circle from Otay Valley Road in the City ofChula Vista.
1.4.24.CIP No.R080;RecPL -12-inch,680 Zone,Olympic Parkway-Medical CenterlHeritage
This l2-inch pipeline is approximately 9,000'feet l~ng in the 6'80 Pressure Zone,located in Olympic Parkway
between Medical Center Drive and Heritage Road in the City ofChula Vista.
1.4.25.CIP No.R081;RecPL -l6-inch,944 Zone,Lane Avenue -Proctor Valley/Pond No.1
This '16-inch pipeline is approximately 8,300 feet long in the 944 Pressure Zone,located in Lane Avenue between
Proctor Valley Road and Storage Pond No.1 in th7 City ofChula Vista.
1.4.26.eIP No.R023;RecRes -450-2 Reservoir 4.0 MG
The 4.0 million gallon 450-2 Reservoir is to be located oli a site near the western portionofOtay Mesa.The
reservoir will providetlie Otay Mesa System to meet the ciperationa1 storage requirements and receive supply from
the City's SBWRP.
1.4.27.CIP No.R034;RecRes -860-1 Reservoir 4.0 MG
This 4.0 million gallon 860-1 Reservoir is to be located on a site adjacent to the San Diego County Detention
Facility on Otay Mesa.It wiil provide recycled 'water operational storage for the 860 Pressure Zone.
1.4.28.CIP No.R035:RecPS -860-1 Pump Station (3,400 GPM)
The 860-1 Pump Station is to be located on the same site as the 450-2 Reservoir near the western portion ofOtay
Mesa.This pump station will lift recycled water to the 860-1 Reservoir located at the San Diego County Detention
Facilit¥.
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Agreement No.06FC350182
Page 6 of 22
1.4.29.CIP No.R052;RecPL -30-lnch,450 Zone,Otay Mesa Road -Remington Hills/450-2 Reservoir
This 30-inch pipeline is approximately 4,200 feet long in the 450 Pressure Zone,located in Otay Mesa Road from
Remington Hills Drive to the 450-2 Reservoir.This pipelin~will transport recycled water from the City's SBWRP
into the Otay Mesa System.
1.4.30.CIP No.R053;.RWCWRF -R.O.Building Remodel
The purpose ofthis project is to remodel the.Ralph W.Chapman Water Recycling Facility reverSe osmosis system
building into a water recycling/conservation school educa~ion facility and treatment plant operation personnel
offices.
1.4.31.ClP No.R055;RWCWRF -Effluent Meter "
The purpose of this project is to install a meter on the R~lph W.Chapman Water Recycling Facility effluent pipeline
to monitor plant output.
1.4.32.CIP No.R058;RecPL.-16-lnch,860 Zone,Airway Road -Otay Mesa/Alta
This 16-inch pipeline is approximately 16,000 feet long in the 860 Pressure Zone,located in Airway Road between
Otay Mesa Road and Alta Road in Otay Mesa.
1.4.33.CIP No.R067;RWCWRF -Waste Backwash Water Pipeline
The purpose ofthis project is to install a pipeline at the Ralph W.Chapman Water Recycling Facility between the
waste backwash water tank and an existing unused water storage tame This will increase plant effluent by allowing
longer filter backwashes and using the backwash water for primary treatment needs in lieu ofplant product water.
1.4.34.CIP No.R068;RWCWRF _.Load Equalization Tank
The purpose ofthis project is to install a raw water load equalization storage tank at the Ralph W.Chapman Water
Recycling Facility to allow for 24-hour raw water influent.This will increase total plantproduction ofwater output.
1.4.35.CIP No.R072;RecPL -16-lnch 860 Zone,Otay Mesa Road -860-1 Pump StationlHeritage
This 16-inch pipeline is approximately 16,000 feet long in the 860 Pressure Zone,located in Otay Mesa Road
between the 860-1 Pump Station and Heritage Road in Otay Mesa.
1.4.36.CIP No.R073;RecPL -24-lnch,860 Zone,Alta Road -Airway/Border
This 24-inch pipeline is approximately 4,800 feet long in.the 860 Pressure Zone,located in Alta Road between.
Airway Road and the United States and Mexico border in Otay Mesa.
1.4.37.CIP No.R075;Brine Disposal Pipeline Otay Mesa to Metro Sewer System
The purpose ofthis project is to install a reverse osmosis brine disposal pipeline from the Otay Mesa System to the
City of San Diego Metro System ocean outfall.This pipeline will provide the incentive to attract potentially large
recycled water industrial and commercial cons~ers that require brine disposal on Ofay Mesa.
1.4.38.CIP No.R077;RecPL -24-Inch,860 Zone,Alta Road -Alta Gate/Airway .
This 24-inch pipeline is approximately 13,000 'feet long in the 860 P~essure Zone,located in Alta Road between the
Alta Road gate and Airway Road in·Otay Mes~.".
1.4.39.CIP No.R082;RecPL -24-lnch,680 Zone,Olympic Parkway -Village 2/Heritage
This 24-inch pipeline is approximately 6,700 feet long in the 680 Pressure Zone.The pipeline will extend east
.through Olympic Parkway from a proposed industrial park driveway,located approximately 2,200 feet east ofthe
intersection ofOlympic Parkway and Brandywine Avenue,to Otay Ranch Village 2 West,then through Otay Ranch
Village 2 to Heritage Parkway.
1.4.40.CIP No.R083;RecPL - 20-Inch,680 Zone,Heritage Road -Village 2/0lympic
This 20~inch pipeline is approiimateIy 1,000 feet long in the 680 Pressure Zone,located in Heritage Road between
the 6tay Ranch Village 2and Olympic Parkway.""."...".
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Agreement No.06FC350182
Page 7 0[22
1.4.41.CIP No.R084;RecPL -20-Inch,680 Zone,Village 2 -Heritage/La Media
This 20-inch pipeline is approximately 5,200 feet long in the 680 Pressure Zone,located in Otay Village Ranch 2
between Heritage Road and La Media Road.
1.4.42.CIP No.R085;RecPL -20-Inch,680 Zone,Village 2 -High School/Olympic
This 20-inch pipeline is approximately 2,800 feet long in the 680 Pressure Zone,located in Otay Village Ranch 2
between the new high school and Olympic Parkway.
2.,Project Management Plan Article'
Responsibilities ofthe Parties.
2.1 City Responsibilities
In support ofthis Agreement,the City shall comply with the General Provisions which are attached hereto and by
reference made a part hereof,and perfonn,orby subagreement cause the District to perform,the following tasks:
(a)Contribute at least 75 percent ofthe funds to complete the activities identified in Section 1.1.4 ofthis Agreement.
These funds may be obtained from any non-Federal source.
(b)Collaborate with Reclamation in causing to be completed the activities identified in Section1.1.4 ofthis
Agreement.
(c)Create and obtain Reclamation approval ofa work plan to which the City agrees to adhere and includes an outline
ofthe portion ofthe project covered by this Agreement and target dates for the achievement ofProject goals.
(d)Consult with and seek input from Reclamation on maintaining the project within the work plan and proj~ct goals
as stated in this Agreement,and seek Redamation concurrence for any significant deviation from such work plan and
project goals..
(e)Collaborate with Reclamation on technical and administrative aspects ofthe project through periodic scheduled
meetings with Reclamation persolniel or periodic written updates.. ...'.. '
(f)Provide Reclamation with its reasoning,in writing,when the City chooses not to implement Reclamation's written
advice or comments on any technical aspect offulfilling the requirements ofthis Agreement.
2.2 Reclamation Responsibilities
In support ofthis Agreement,Reclamation s~all perform the following tasks:
(a)Provide financial contribution not toexceed the available funding specified in Section I.3.3,or 25 percent ofthe
total project costs for the activities identified in Section 1.1.4 ofthis Agreement,whichever is less.
(b)Prepare budget subrrrittais for Federal appropriations.
(c)Prepare progress reports to Congress.
(d)Shall work with the City as necessary to ensure that the City adheres to the specified work plan and meets
specified project goals as set forth in this Agreement.
.(e).Shall.not continue to adv.ance funds nor award subsequent cooperative ;:lgreements to the City for work on the
~tay Water District's'Recycled Water Infrastructure Program unless the CitY is in full compliance with the
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Agreement No,06FC350182
Page 8 0[22
requirements ofthe work plan and project goals that are included in this Agreement and has obtained Reclamation
concurrence for any deviations therefrom.
(f)Shall provide scientific or administrative advice on the development ofthe project.Such advice will take into
consideration factors such as:(1)the scientific complexities of the project;(2)the City's progress in meeting project'
goals;and (3)the City's ability to meet the proposed time schedule.
3.Financial Support Article
3.1 Allowable Project Costs and Budget Revisions
The City shall provide all personnel,services,plant facilities,equipment,materials and supplies,and perform all
travel which may be necessary arid appropriate for the proper performance ofthis Agreement.Costs so incurred will
be paid for as provided herein.Reclamation's obligation to provide funding to the City for costs incurred shall be
limited to the City's direct and in4irect,costs associated with this Agreement.All such direct and i~direct costs must
be determined to be allowable under the regulations contained in OMB Circular A-87,Cost Principles for State,
Local,and Indian Tribal Governments,which is incorporated herein by reference.
Allowable costs may include,but are notlimited to,administrative costs,costs ofperrnits,rights-of-way costs,
architectural and engineering costs,equipment costs,inspection costs,and construction costs.
The City shall follow the requirements 43 CFR l2.70(c)when making revisions to budget and program plans.
Additionally,approval shall be requested for transfers of amounts budgeted for indirect costs to absorb increases in
direct costs,or vice versa.
3.2 Estimated Expenditures
The totalestimated Projectplanning,design,and construction expenditures for the Phase II projects are as follows:
CIP CIP Projects Estimated
No.Phase II Total Cost
ROO 1 RecRes -450-1 Reservoir 12.0 MG $9,400,000,
R004 RecPS -680-1 Pump Station (11,500 GPM)$7,900,000
R013 RecPl -16-lnch,944 Zone,East H Street -Eastlake/lane $743,000
R016 RecPl -16-lnch,944 Zone,Eastlake Parkway -Trinidad Cove/Olympic $495,000
R019 RecPl -20-lnch,944 Zone,SDCWA RIW -944-1 Pump Station/Eastlake $1,610,000
R022 RecPl -30-lnch,450 Zone,Otay Valley -Dairy Mart/450-1 Reservoir '$22,600,000
R025 RecPl -12-lnch,680 Zone',la Media Road -Olympic/Birch .$580,000
R029 RecPl -j 2-lnch,944 Zone,Otay lakes Road -Hunte/Eastlake Vistas $150,000
R030 RecPl -8-lnch,944 Zone,Eastlake Vistas -Otay lakes/Olympic $250,000
R031 RecPl -12-lnch,944 Zone,Eastlake Parkway -Olympic/Birch $195,000
R032 RecPl -12-lnch,944 Zone,la Media Road -Olvmpic/Birch $325,000
R033 RecPl -12-lnch,944 Zone,Birch Road -la Media/Eastlake $630,000
R040 RecPl -12-lnch,680 Zone,Hunte Parkway -Olympic/Eastlake $900,000
R041 RecPl -8-lnch,944 Zone,Eastlake Parkway -Birch/Rock Mountain $240,000
R042 RecPl -8.lnch,944 Zone,Rock Mountain Road -SR 125/Eastlake $120,000
R043 RecPl -8-lnch,944 Zone,Rock Mountain Road -la Media/SR 125 $200,000
R047 RecPl -12-lnch,680 Zone;la Media Road -Birch/Rock Mountain $370,000
R053 RWCWRF -R.O.Building'Remodel ..$231,000
.:~..~-'.~...,.....:.~,
AgreementNo.06FC350182
Page 90f22
$2,000,000
$650,000
$1,485,000
$289,000
$825,000
$359000
The total estimated project planning,design,and construction expenditures for the Phase III projects are as follows:
CIP
The total estimated cost ofPhases II and III is $80,645,000.
3.3 Available Funds
Station/Herita e
Estimated
Total Cost
$2,900,000
$376,000
$6,000,000
$2,100,000
$164,000
$296,000
$5,000,000
$60,000
$140,000
$1,000,000
$1,177,000
$475,000
$5,'000,000
$1,170,000
$560,000
$150,000
$680,000
'$850,000
The total obligation ofRec1amation under this Agreement is in the amount of$1,200,000.
4.Payment Article
See SpecialProvisions 5 arid 6.
AgreementNo.06FC350182
Page 10 of22
5.Term of the Agreement Article
Perfonnance Schedule.
..
The work for the Phase II projects under this Agreement is planned to take place in accordance with the schedule
below:
ROO1 November 2003 November 2005 December 2006
R004 November 2003 November 2005 December 2006
R013 Jallua 2001 .November 2001 June 2005
R016 August 2002 January 2003 June 2005
R019 January 2001 June 2003 July 2005
R022 September 2003 November 2005 December 2006
R025 September 2002 July 2004 June 2007
R029 September 2002 January 2003 '.June 2006
R030 September 2002 January 2003 June 2006
R031 September 2002 July 2004 June 2007
R032 December 2004 June 2005 June 2007
R033 December 2004 June 2005 June 2007
R040 March 2005 May 2006 June 2008
R041 September 2006 November 2006 August 2007
R042 September 2006 November 2006 August 2007
R043 September 2006 November 2006 August 2007
R047 September 2005 November 2006 August 2007
R053 November 2005 April 2006 April 2007
R058 July 2002 July 2003 June 2010
R071 January 2001 October 2002 June 2004
R082 July 2006 JanuarY 2007 June 2009
R083 July 2006 January 2007 June 2009
R084 July 2006 January 2007 June 2009
R085 July 20Q~January 2007 June 2009
The work for the Phase III projects under this Agreement is planned to take placein accordance with the schedule
below:
R023.July 2012 July 2014 June 2016
R028 July 2012 July 2013 June 2014
R034 July 2012 July 2014 June 2016
R035 JUly2012 July 2014 JLine 2016
R037 July 2020 July 2021 June 2022
R038 July 2022 July 2023 June 2024
R052 July 2012 July2013 June 2014
ROSS July 2020 July 2021 June 2022
R067 July 2020 July 2021 June 2022
R068 July 2020 July 2021 June 2022
R072 July 2012 July 2013 .June 2014
R073 July 2025 July 2026 JUly 2027
R075 July 2025.July 2026 July.2028
ROn...·July 2012 July 2014..June 2016.
'...'......:..,..".~_:~-:I"''"..\1 ..J;.'.,.
Agreement No.06FC350182
Page 11 of22
R078 July 2017 July 2019 June 2021
R079 July 2017 July 2019 June 2021
R080 July 2025 July 2026 June 2027
R081 July 2025 July 2026 June 2027
6.Project Information System Article
Release ofClaims.
After compietio~of'work,th~CitY shall furnish to the Grants and Cooperative Agreement~Officer a release of
claims against the United States arising out of this Agreement.
7.Property Management and Disposition Article
See Special Provisions II and 12.
..;-.'....
Agreement No.06FC350182
Page 12 of22
II.Special Provisions (July 2004)
1.Grants And Cooperative Agreements Officer's Representative (GCAOR)
(Reclamation 08/03)
The GCAOR for this agreement will be:
Dennis D.Wolfe,SCAO-2000 .
Bureau ofReclamation
27708 Jefferson Avenue,Suite 202
Temecula CA 92590
Phone:951-695-5310,E-mail:dwolfe@lc.usbr.gov
The GCAOR is authorized to act only on technical matters during the term ofthis Agreement.The GCAOR and the
Recipient's Project Manager shall work closely to insure that all requirements ofthe Agreement are being met.The
GCAOR's responsibilities include,but are not limited to,the following:
(a)Assist the Recipient concerning the accomplishment ofthe tasks described in the Agreement;
(b)Provide information to the Recipient which assists in the interpretation ofthe tasks;and
(c)Review,and where required,approve reports and information to be delivered to the Government.
Technical assistance must be within the general scope ofthe Agreement.The GCAOR does not have the authority to,
and may not,issue any technical assistance which:
(a)Constitutes an assignment ofadditional work outside the general scope ofthe Agreement;
(b)Inany manner causes an increase or decrease in the total estimated cost or the time required for performance;or
(c).Changes any ofthe expressed terms,conditions,or specifications.
2.-Modifications (Reclamation 08/03)
Any changes to this agreement shall be made by means ofa written modification.Reclamation may make changes to
the agreement bymeans ofa unilateral modification to deal with administrative matters,such as changes in address,
no-cost time exteJ.1sions,the addition ofprevio1.lsly agreed upon funding,or deobligation of ~xcessfunds at the end of
the agreement.Additionally,a unilateral modification may be utilized by Reclamation ifit should become necessary
to suspend pr te~atethe agreement in accordance with 43 CFR 12.83 or 43 CFR 12.961,as applicable.
All other changes shall be made by means ofa bilateral modification to the agreement.No oral statement made by
any person,or written statement by any person other than the GCAO,shall be allowed in any manner or degree to
modify or otherwise effect the tenns ofthe Agreement.
All requests for modification ofthe Agreement shall be made in writing,provide a full description ofthe reason for
the request,and be sent to the attention ofthe GCAO.Any request for project extension shall be made at least 45
days prior.to the expiration date of the agreement or the expiration date ofany extension period that may have been
previously granted.'Any determination to extend the period ofperformance or to provide follow-on funding for
continuation ofa project is solely at the discretion ofReclamation.
AgreementNo.06FC350182
Page 13 01'22
3.Reporting Requirements And Distribution (Reclamation 11/03)
Failure to comply with the reporting requirements contained in this agreement may be considered a material non-
compliance with the tenns and conditions ofthe award.Non compliance may result inwithholding ofpayments
pending receipt ofrequired reports,denying both the use offunds and matching credit for all or part ofthe cost of
the activity or actiQn not in compliance,whole or partial suspension or termination ofthe agreement,recovery of
funds paid under the agreement,withholding offuture awards,or other legal remedies.
(1)Financial Reports.
All financial reports shall be signed by an Authorized Certifying Official for the recipient's organization.The
following forms are available at http://www.whitehouse.gov/omb/grants/grantsjonns.html.
(a)SF-269 or SF-269a,Financial Status Report.This form is utilized to report total expenditures for the reporting
period.The SF-269 must be used ifthe recipient is accountable for the use ofprogram income;otherwise,the SF-
269a may be used.
A final SF-269 or SF-269a shall be submitted within 90 days following completion ofthe agreement.
(b)SF-272,Report ofFederal Cash Transactions.This report shall be submitted by recipients that draw down cash
advances bymeans ofelectronic funds transfer or Treasury check.Recipients shall identify in the "Remarks"section
the amount ofcash advances received in excess of3 days prior to disbursement and explain actions taken to re9-uce
excess balances.
An original ofthis form shall be submitted on a quarterly basis within 15 days following the end ofthe reporting
period.
(2)Program Performance Reports.
(a)InterimReports.Recipients shall submit program performance reports on a quarterly basis within 30 days
following t1~e end ofthe reporting period.Program performance reports shall contain the following:
(i)A comparison ofactual accomplishments with the goals and objectives established for the reporting period;
(ii)Where project output can be quantified,a computation ofthe cost per unit ofoutput;
(iii)When appropriate,reasons why goals and objectives were not met;and
(iv)Other pertinent informat~on including, when appropriat~,analysis and explanation ofcost overruns or high unit
oo~.......
(b)Annual Reports.An annual program performance report shall be submitted within 90 days following the end of
each year ofthe agreement.Copies ofthis report may be required to be included with any application for continuing
support ofthe agreement.
(c)Final Report.A final program performance report shall be submitted no later than 90 days following the
expiration or termination ofthe agreem~nt.
(3)Significant Developments.
AgreementNo,06FC350182
Page 14 of22
During the term ofthe agreement,the recipient must immediately notify the GCAO ifany of the following conditions
become known:
(a)Problems,delays or adverse conditions which will materially impair their ability to meet the objectives ofthe
,agreement;
(b)Favorable developments which enable the recipient to meet time schedules and objectives sooner than or at less
cost than projected or to produce more beneficial results'than originally planned.
This notification is to include information on the actions taken or contemplated to resolve problems,delays,or
adverse ,conditions,and any assistance needed from Reclamation to llelp resolve the problem.
(4)Report Distribution.Copies ofreports shall be distributed as follows:
To the GCAOR at the
address in Block 6,Page 1
Financial Reports 1
Performance Reports 1
Significant Developments 1
4.Recipient's Project Manager (Reclamation 08/03)
The City's key personnel for this Agreement are identified inBlock 7,page 1 ofthis Agreement.
5.Key Personnel (Reclamation 08/03)
The City's key personnel for this Agreement are identified in Block 7,page I ofthis Agreement.
6.Payment Policy (Reclamation 11/03)
Acceptance ofa financial assistance agreement from Reclamation creates a legal respo,nsibili,ty on,the part ofthe
recipient organization to use the funds and property provided in accordance with the terms and conditions ofthe
agreement.Reclamation has a reversionary interest in the unusedbalance offunding and in any funds improperly
applied.
Payments to recipients are made in accordance with the basic standards and methods stated in the payment
regulations at 43 CFR 12.61 or 43 CFR 12.922,as applicable to this agreement.These requirements are intended to
minimize the time'elapsing between'the transfer 'offunds from the Federal government and the disbursement ofthese
fund~by the recipient.
Payment will be made in advance or byreimbursement as follows:
(1)Advance Payment.Recipients shall be paid in advance provided (i)they maintain or demonstrate the willingness
and ability to maintain procedures to minimize the time elapsing between the transfer offunds and their disbursement
by the recipient,(ii)they comply with reporting requirements for timely submission offinancial status reports,and
(iii)they impose these same standards on subrecipients.
Advances to recipients shall be limited to the minimum amounts needed and shall be timed to be in accordance with
the actual,immediate cash requirements ofthe'recipient in carrying out the purpose ofthe agreement.The timing and
amount ofcash advances shall be as close as administratively feasible (generally no more than 3'days)to actual
disbUrsements for direct programcOlits and the proportionate share ofallowable indirect costs.
Agreement No.06FC350182
Page]50f22
(2)Reimbursement.Reimbursement shall be the preferred method ofpayment when a recipient (i)does not meet the
requirements for advance payment stated above;(ii)does not have financial management systems that meet the
standards in 43 CFR 12.60 or 43 CFR 12.921,as applicable;or (iii)has been converted to payment restrictions for
non-compliance with the terms and conditions ofthe agreement.Reimbursement is also the preferred method of
payment for agreements involving construction.
7.Payment Method (Reclamation 11/03)
Electronic Funds Transfer.Payments under this agreement willbe made to recipients by electronic funds transfer
(EFT)unless the recipient qualifies for exemption from this payment method.Reclamation utilizes the Automated
Clearinghouse (ACH)Vendor Express payment system for EFT.Whether funds are paid in advance or as a
reimbursement,the actual payment will be made through Vendor Express.Vendor Express allows the Government to
transfer funds to a recipient's fmancial institution along with explanatory information regarding the payment.
Emollment.Upon award,recipients will receive a copy ofthe SF-3881,ACH VendorlMiscellaneous Payment
Emollment Form.This form is required to implement the Vendor Express system and to notify Reclamation ofany
change or corrections to fmancial institution information.
Requesting Payments.Requests for advance or reimbursement may be made by the following methods:
(1)SF-270,Request for Advance or Reimbursement.On a monthly basis,recipients may submit an original and two
copies ofa properly certified SF-270 form to the address identified in Block 6,Page 1 ofthis agreement.For
advance payments,this form may be submitted on a monthly basis,at least two weeks prior to the date on which
funds are required,and on the basis ofexpected disbursements for the succeeding month and the amount ofFederal
funds already on hand.Requests for reimbursement maybe submitted on a monthly basis,ormore frequently if
authorized by the GCAO.Requested funds are delivered to the recipient via ACH Vendor Express.This form is
available on the Internet at http://www.whitehouse.gov/omb/grants/grantsJorms.htrnl.
(2)SF-271;Outlay Report and Request for Reimbursement for Constniction Programs.The SF-271 shall be usedJor
construction agreements paid by the reimbursement method,letter ofcredit,electronic funds transfer,or Treasury
check advance,except where the advance is based onperiodic requests from the recipient,in which case the SF-270
shall be used.This request maybe submitted on a quarterlybasis,butno less frequently than on an annual basis.
.Recipients may submit an original and two copies ofa properly certified SF-271 form to the address identified in
Block 6,Page 1 ofthis agreement.This form is available on the Internet at
http://www.whitehouse.gov/omb/grants/grantsJorms.htrnl.
(3)Automated Standard Application for Payments (ASAP).Recipients may utilize the Department ofTreasury
ASAP payment system to request advances or reimbursements.ASAP is a recipient-initiated payment and
infonnation syst~m designed to provide a single ppint ofcontact for the request and.deli\:,ery ofFederal funds,Once
a request is made through ASAP,funds are provided to the recipient either through ACH or Fedwl.re.Further
information regarding ASAP maybe obtained from the ASAP website at http://www.fms.treas.gov/asap.Upon
award,you WIll be provided with information regarding emollment in the ASAP system.
8.Funds Available for Payment (Reclamation 08/03)
The Government's obligation under this Agreement is contingent upon the availability ofappropriated funds from
which payment for Agreement purposes can be made.No legal liability on the part ofthe Government for any
.payment may arise until funds are made available to the GCAO for this Agreement,and until the Recipient receives
notice ofsuch availability,to be confirmed in writing to the Recipient by the GCAO.
Pursuant to the Act of Congress ofJune 17,1902 (32 Stat.388),and acts amendatory thereofor·supplementary
thereto,all commonly known as 'Reclamation Law,funds fQr payment under the first year ofthis agreementare
:.,.....
AgreementNo.06FC350182
Page 16 of22
included in the fiscal year 2006 Energy and Water Development Appropriations,Public Law 109-xxx.Funding for
any optional year ofthe agreement is contingent upon subsequent Congressional funding.
9.Budget Revisions (Reclamatiqn 08/03)
The Recipient shall follow the requirements at 43 CFR 12.70(c)or 43 CFR 12.925,as applicable,when making
revisions to budget and program plans.Additionally,approval shall be requested for transfers ofamounts budgeted
for indirect costs to absorb increases in direct costs,or vice versa.
1O~R.eimbursable Costs and L~mitations (Reclamation 08/03)
(1)The Recipient shall provide all personnel,services,facilities,equipment,materials and supplies,and perform all
travel which may be necessary and appropriate for the proper performance ofthis Agreement.Costs so incurred will
be paid for as provided herein.Reclamation's obligation to provide funding to the Recipient for costs incurred in
these connections shall be limited to the Recipient's direct and indirect costs associated with this Agreement.All
such direct and'indirect costs mustbe determined to be allowable under the regulations contained in 48 CFR Subpart
31.2 or an OMB Cost Principle Circular,as applicable,which are incorporated herein through the General
Provisions ofthis agreement.
(2)The recipient shall not incur costs or obligate funds for any purpose pertaining to operation ofthe program or
activities beyond the expiration date stated in the agreement.The only costs which are authorized for a period ofup
to 90 days following the award expiration date are those strictly associated with closeout activities for preparation of
the [mal report.
(3)Reclamation shall not be obligated to provide funding to the Recipient and the Recipient shall not be obligated to
continue performance under the Agreement or to incur costs in excess of the costs set forth in the annual project
budget unless the GCAO has furnished the Recipient a modification to increase the available funding for the
Agreement.
11.Procurement Standards (Reclamation 08/03)
When utilizing Federal funds for the procurement ofsupplies and other expendable property,equipment,real
property,and other services under this agreement,the Recipient shall utiliZe the Procurement Standards set forth at
43 CFR 12.76 or 43 CFR 12.940 -12.948,as applicable.The Recipient may be required to submit evidence thatits
procurement procedures are in compliance with the standards stated therein.Additional guidance for contracting
with small and minority firms,and women's business enterprises is included in the General Provisions section ofthis
agreement.
'12.Property Standards (Reclamation 08/03)
All property,equipment and supplies acquired by the Re«ipient with Federal funds shall be subject to usage,
management,and disposal in accordance with the Property Standards at 43 CFR 12.72 -12.73,or 43 CFR 12.930-
12.937,as applicable.
13.Property Standards (Real Property)(Reclamation 08/03)
In accordance with 43 CFR 12.71 or 43 CFR 12.932,as applicable,ifreal property is acquired in whole or in part
under this agreement,it shall be subject to the following regulations:
(1)Title.Title to real property acquired under this agreement shall '(est upon acquisition in the Recipient or
.'.Subrecipient,shall be used for the originallyauthorizedpurpose ofthe.project as long as it is needed,·and·shall not
be disposed ofor encumbered without Reclamation approval.
.~.
Agreement No,06FC350182
Page 17 of22
(2)Disposition.When the real property is no longer needed for the originally authorized purpose,the Recipient or
Subrecipient shall request disposition instructions from Reclamation.The instructions shall provide for one ofthe
following alternatives:
(2.1)Transfer.The Recipient may be permitted to transfer the property to another Federally-sponsored project ifthe
Recipient determines thatthe property is no longer needed for the purpose ofthe original project.Use in other
projects or programs shall be limited to those with have purpose's consistent with those authorized for support by the
Department ofthe Interior.
(2.2)Retention ofTitle.The Recipient maybe allowed to re~ain the title after compensating Reclamation fo):that
percentage of the current fair market value ofthe property attributable to the Federal government's financial
participation in the project.
(2.3)Sale ofProperty.The Recipient may be directed to sell the property under guidelines provided by Reclamation,
and to compensate Reclamation in an amount calculated by applying Reclamation's percentage,ofparticipation in the
cost ofthe original purchase to the proceeds ofthe sale after deduction ofany actual and reasonable selling and fix-
up expenses.When the Recipient is directed to sell the property,sales procedures shall be followed that provide for
competition to the extent practicable and result in the highest possible return.
(2.4)Transfer ofTitle.The Recipient may be directed to transfer title to Reclamation or to an eligible third-party.
The Recipient shall be entitled to compensationfor its attributable percentage ofthe current fair market value ofthe
property.
14.Inspection (Reclamation 08/03)
Reclamation has the right to inspect and evaluate the work performed orbeing performed under this agreement,and
the premises where the work is being performed,at all reasonable times and in a manner that will not unduly delay'
the work.IfReclamation performs inspection or evaluation on the premis~s ofthe Recipient or a subrecipient,the
Recipient shall furnish and shall require subrecipients to furnish all reasonable facilities and assistance 'for the safe
and convenient performance ofthese duties.
15.Audit (Reclamation 09/03)
Recipients are responsible for obtaining audits in accordance with the Single Audit Act Amendments of 1996 (31
U.S.C.7501-7507)and revised OMB Circular A-B3,"Audits ofStates,Local Governments,and Non-Profit
Organizations."Audits shall be made by an independent auditor in accordance with generally accepted government
auditing standards covering financial audits.Additional audit requirements applicable to this agreement are found at
43 CFR 12.66 or 43 CFR 12.926,as applicable.Generalguidance on the single audit process is included in a
pamphlettitled,"Highlights ofthe Single Audit Process"which is available on the internet at
http://www.dot.gov/ostJm60/grantJsincontact.htm.Additional information on single audits is available from the
Federal Audit Clearinghouse at http://harvester.census.gov/sac/.
16.Enforcement (Reclamation 08103)
In accordance with 43 CFR 12.83 or 43 CFR 12.962,as applicable,ifthe recipient materially fails to comply with
any term ofthis agreement,whether stated in a Federal statute or regulation,an assurance,in a State plan or
application,a notice ofaward,or elsewhere,Reclamation may take one or mQre ofthe following actions as
'.appropriate:'
(1)Temporarily withhold cash payments pending con:ection ofthe deficiency by the recipient or subrecipient or
·more severe ,ellforcement action by the awarding agency;
......
AgreementNo.06FC350182
Page 18 of22
(2)Disallow (deny both use offunds and any matching credit for)all or part ofthe cost ofthe activity or action not
in compliance;
(3)Wholly orpartly suspend or terminate the current award for the recipient's or subrecipient's program;
(4)Withhold further awards for the program;or
(5)Take other remedies that may be legally available.
17.Termination (Reclamation 08/03)
.'.
In accordance with 43 CFR 12.84 or 43 CFR 12.961,as applicable,and except as provided for in the provision
entitled,"Enforcement,"this agreement may be terminated in whole or part only as follows:
(1)By the awarding agency with the consent ofthe recipient or subrecipient in which case thetwo parties shall agree
upon the termination conditions,including the effective date and in the case ofpartial termination,the portion to'be
terminated,or
(2)By the recipient or subrecipient upon written notification to Reclamation,setting forth the reasons for such
termination,the effective date,and in the case ofpartial termination,the portion to be terminated.However,if,in the
case ofa partial termination,the awarding agency determines that the remaining portion ofthe award will not
accomplish the purposes for which the award was made,the awarding agency may terminate the award in its entirety
under either the Provision entitled "Enforcement"or paragraph (1)ofthis Provision.
18.Preaward Incurrence of Costs·Cost Sharing or Matching Agreements
(Reclamation 08/03)
The Recipient shall be entitled to have incurred costs for this agreement,in a total amount not to exceed
$10,00,000.00,for allowable costs incurred on or after January 1,2001,which ifhadbeen incurred after execution
ofthis agreement,would have been allowable under the provisions ofthe agreement.
In accordance with the cost sharing or matching requirements ofthis agreement,the recipient is eligible to receive
reimbursement for a portion ofthese total allowable costs in an amount not to exceed $2,500,000.00.
Reimbursement ofthese costs shall subject to the funding limitations stated in the Provision entitled "Reimbursable
Costs and Limitations."
19.Rights to Data (Reclamation 08/03)
For recipients subject to the administrative standards set forth in OMB Circular A-1l0,the following provision,as
.implementedby43 CFR l2.936(c)~shall apply:'.
"The Federal Government has the right to:
(1)Obtain,reproduce,publish or otherwise use the data first produced under an award;and
(2)Authorize others to receive,reproduce,publish,or otherwise use such data for Federal purposes."
Agreement No.06FC3.50182
Page 19 of22
III.General Provisions (June 2004)
1.Regulations and Guidance
The regulations at 43 CFR,Part 12,Subparts A,C,E,and F are hereby incorporated by reference as though set forth
in full text.The following Office ofManagement and Budget (OMB)Circulars,as applicable,and as implemented
by 43 CFR'Part 12,are also incorporated by reference and made a part ofthis agreement.Failure ofa recipient to
comply with any provision may be the basis for withholding payments for proper charge~made by the recipient anq
for.termination ofsupport.Cop'ies ofOMB Circulars are available on the Internet at '
http://www.whitehouse.gov/omb/grants/grants_circulars.htrnl.The implementation ofthe circulars at 43 CFR Part 12
is available at http://www.access.gpo.gov/nara/cfr/cfr table search.htrnl#page1.
a.Agreements with colleges and universities shall be in accordance with the following circulars:
Circular A 21,revised May 10,2004,"Cost Principles for Educational Institutions"
Circular A 110,as amended September 30,1999,"UniformAdministrative Requirements for Grants and Agreements
with Ins-timtions ofHigher Educ~tion,Hospitals,and Other Non-Profit Organizations"
Circular A-133,revised June 27,2003,"Audits ofStates,Local Governments,and Non-Profit Organizations"
b.Agreements with State and local governments shall be in accordance with the provisions ofthe following
circulars:
Circular A 87,revised May 10,2004,"CostPrinciples for State,Local,and Indian Tribal Governments"
Circular A 102,as amended August 29,1997,"Grants and Cooperative Agreements with State and Local
Governments"(Grants Management Common Rule,Codificationby Department ofInterior,43 CFR 12)
Circular A-133,revised June 27,2003,"Audits ofStates,Local Governments,and Non-Profit Organizations"
c.Agreements made with nonprofit organizations shall be in accordance with the following circulars and provisions:
Circular A 110,as amended September 30,1999,"Uniform Administrative Requirements for Grants and Agreements
With Institutions ofHigher Education,Hospitals,and Other Non-Profit Organizations"
Circular A 122,revised May 10,2004,"Cost Principles for Non-Profit Organizations"
'.Circular A-133,revised June 27,2003,"Audits of States,Local Govenunents,and Non-Profit Organizations@
d.All agreements with organizations other than those indicated above shall be in accordance with the basic
principles ofOMB Circular A-110,and cost principles shall be in accordance with 48 CFR Subpart 31.2 titled
"Contracts with Commercial Organizations"which is available on the Internet at
http://www.access.gpo.gov/nara/cfr/cfr table search.htrnl#page1.
2.Debarment and Suspension
The Department ofthe Interior regulations at 43 CFR 42-Govemmentwide Debarment and Suspension
(Nonprocurement),which adopt the common rule for the governmentwide system ofdebarment and suspension for
nonprocurement activities,are hereby incorporated by reference and made a part ofthis agreement.By entering into
this grant orcoopetative agreement with the Bureau6fReclamation;the recipient agrees to comply with 43CFR 42;.
Agreement No.06FC350182
Page 200f22
Subpart C,and agrees to include a similar tenn or condition in all lower-tier covered transactions.These regulations
are available at http:/www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_43/43cfr42_OO.html.
3.Drug-Free Workplace
The Department ofthe Interior regulations at 43 CFR 43-Govemmentwide Requirements for Drug-Free Workplace
(Financial Assistance),which adopt the portion ofthe Drug-Free Workplace Act of 1988 (41 U.S.c.701 et seq,'as
amended)applicable to grants and cooperative agreements,arehereby incorporated by reference and made a part of
this agreement.By entering into this grant or cooperative agreement with the Bureau ofReclamation,the recipient
agrees to comply with 43 CFR 43,Subpart B,ifthe recipient is not an individual,or with 43 CFR 43,Subpart C,if
,the recipient is an individual.These re"gulations are available at ',
http:/www.access.gpo.gov/nara/cfr/cfrhtml_OO/Title~43/43cfr43_OO.html.
4.Assurances Incorporated by Reference
a.The provisions ofthe Assurances,SF 424B or SF 424D as applicable,executed by the Recipient in connection
with this agreement shall apply with full force and effect to this agreement as iffully set forth in these General
Provisions.Such Assurances include,but are not limited to,the promise to comply with all applicable Federal
statutes and orders relating to nondiscrimination inemployment,assistance,and housing;the Hatch Act;Federal
wage andhour laws and regulations and work place safety standards;Federal environmental laws and regulations
and the Endangered Species Act;and Federal protection ofrivers and waterways and historic and archeological
preservation.
b.When required by 43 CFR l8-New Restrictions on Lobyying,recipients shall complete a Certification
Regarding Lobbying fonn.This certification is incorporated by reference and made a part ofthis agreement.These
regulations are available at http:/www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_43/43cfr18_OO.html.
5.Covenant Against Contingent Fees
The recipient warrants that no person or agency has been employed or retained to solicit or secure this agreement
upon an agreement or understanding for a commission,percentage,brokerage,or contingent fee,excepting bona fide
employees or bona fide offices established and maintained bythe recipient for the purpose ofsecuring agreements or
business.For breach or violation ofthis warranty,the Govermnent shall have the right to annul this agreement
without liability or,in its discretion,to deduct from the agreement amount,or otherwise recover,the full amount of
such commission,percentage,brokerage,or contingent fee.
'6.Contracting with Small and Minority Firms,and Women's Business
Enterprises
It is a national policy to award a fair share ofcontracts to small and minority business firms.The Department ofthe
Interior is strongly committed to the objectives ofthis policy and encourages all recipients ofits grants and
cooperative agreements to take affinnative steps to ensure such fairness.
a.The grantee and subgrantee shall take all necessary affirmative steps to assure that minority finns,and women's
business enterprises are used when possible.
b.Affinnative steps shall include:
(1)Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
Agreement No.06FC350182
Page 21 of22
(2)Assuring that small and minority businesses,and women's business enterprises are solicited whenever they are
potential sources;
(3)Dividing total requirements,when economically feasible,into smaller tasks or quantities to permit maximum
participation by small and minority business,and women's business enterprises;.
(4)Establishing delivery schedules,where the requirement permits,which encourage participation by small and
minority business,and women's business enterprises;.
(5)Using the services and assistance ofthe Small Business Administration,and the Minority Business Development
Agency ofthe Department ofCommerce as appropriate,and
(6)Requiring the prime contractor,ifsubcontracts are to be let,to take the affrrmative steps listed in b.(1)through
(5)above.
7~Notice Regarding Buy American Act
In accordance with the annual Energy and Water Development Appropriations Act,please be advised that it is and
has been the sense ofCongress that,to the greatest extent practicable,all equipment and products purchased with
funds made available in this Act should be American-made.This provision shall remain in effect unless revoked by a
future specific act ofCongress.
8.Resolving Disagreements
When entering into a cooperative agreement with a recipient,Reclamation commits itselfto working with the
recipient in a hannonious manner to achieve the objectives ofthe project successfully.When disagreements arise
between the parties,they must be resolved according to the procedures discussed below:
a.Reclamation shall attempt first to resolve disagreements with the recipient through informal discussion among the
Grants or Contract Specialist,the Program Officer,and the recipient's Project Director.
b.Ifthe disagreement cannot be resolvedthrough informal discussion between these parties,the Grants Specialist
and the ProgramOfficer shall document the nature ofthe disagreement and bring it to the attention ofthe Grants
Officer.
c.After reviewing the facts ofthe disagreement,as presented by the Grants and ProgramOffices,the Grants Officer
will arrange a formal meeting.Ifagreement still cannot be reached,the parties will collectively decide on any varied
approaches which might be used to resolve the disagreement.The P!!rties shall.be responsible for their individual
expenses related to any approach utilized'to resolve the dIsagreement.Ifattempts at resolving the disagreement fail,
the Chief,Acquisition and Assistance Management Services,or the Regional pirector,whichever is applicable,shall
make a decision which shall be final and conclusive.
d.Nothing herein shall be construed to delay or limit Reclamation's right to take immediate and appropriate action,
as set forth at 43 CFR Subpart 12.83 or 12.962,as applicable,in the event ofmaterial noncompliance by the
recipient,and no attempts at informal resolution shall be necessary.
Any post award issue will be open for resolution in accordance with the above procedures,with the exception of
disagreements regarding continuation ofthe agreement (termination must be in accordance with 43 CFR 12),or other
matters specifically addressed by the agreement itself.
Agreement No.06FC350182
Page 22 of22
9.Lobbying Restrictions
In accordance with the annual Energy and Water Development Appropriations Act,please be advised that it is and
has been the sense ofCongress that none ofthe funds appropriated by this Act may be used in any way,directly or
indirectly,to influence Congressional action on any legislation or appropriation matters pending before Congress,
other than to communicate to Members ofCongress as described in 18 U.S.C.1913.This provision shall remain in
effect unless revoked by a future specific act ofCongress.
10.Electronic Funds Transfer (EFT)
In accordance with the Debt Collection Improvement Act of 1996,31 CFR 208,effective January 2,1999,all
Federal payments to recipients must be made by EFT unless a waiver has been granted in accordance with 31 CFR
208.4.Upon award ofa financial assistance agreement,Reclamation will provide the recipient with further
instructions for implementation ofEFT payments or a certification form to request exemption fromEFT.
11.Endorsement of Commercial Products and Services
In accordance with 43 CFR 12.2(d),this provision applies to grants andcooperative agreements whose principal
purpose is a partnership where the recipient contributes resources to promote agency programs,publicize agency
activities,assists in fund-raising,or provides assistance to the agency.Ifthe agreement is awarded to a recipient,
other than a State government,a local government,or a federally-recognized Indian tribal government,and the
agreement authorizes joint dissemination ofinformation and promotion ofactivities being supported,the following
provision shall be made a term and condition ofthe award:
Recipient shall not publicize or otherwise circulate,promotional material (such as advertisements, sales brochures,
press releases,speeches,still and motion pictures,articles,manuscripts or other publications)which states or implies
governmental,Departmental,bureau,or government employee endorsement ofa product,service orposition which
the recipient represents.No release ofinformation relating to this award may state orimply that the Government
approves ofthe recipient's work products,or considers the recipient's work product to be superior to other products
or services.
All information submitted for publication or otherpublic releases ofinformation regarding this project shall carry the
following disclaimer:.
"The views and conclusions contained inthis document are those ofthe authors and should not be interpreted as
representing the opinions or policies ofthe U.S.Government.Mention oftrade names or commercial products does
not constitute their endorsement by the U.S.Government."
.Recipient must obtain prior Government approval for any public information releases concerning this award which
refer to the Department ofthe Interior or any bureau or employee (by name or title).The specific text,layout
photographs,etc.ofthe proposed release must be submitted with the request for approval.
A recipient further agrees to include this provision in a subaward to any subrecipient,except for a subaward to a
State government,a local government,or to a federally-recognized Indian tribal government.
EXHIBIT "B"
COOPERATIVE SUB-AGREEMENT FOR UNITED STATES BUREAU OF
RECLAMATION FUNDING FOR THE OTAY WATER DISTRICT
RECYCLED WATER INFRASTRUCTURE PROGRAM
THIS AGREEMENT is made by and between CITY and DISTRICT with
reference to the following Recitals:
RECITALS
e PROJECT which USBR has qualified
ered into the COOPERATNE AGREEMENT to
STRICT are entering into this AGREEMENT to
CT;and
DIST CT acknowledges that were it not for DISTRICT's promise
obligations ofCITY under the COOPERATIVE
Ibed herein,CITY w6uid not have entered into the
REEMENT or this AGREEMENT.
WHE
to perform the con
AGREEMENT asd
COOPERATIVE A
WHEREAS,legal counsel for the United
that CITY is the only agency in San Diego Co
USBR to receive PROGRAM funding under e
may participate in PROGRAM projects by entering
CITY,who may then enter into coop ative sqb-agree
agencies to receive PROGRAM fundI d
WHEREAS,the ACT authorizes the Secretary of the I
USBR,to participate in the planning,design,and constructi
with Federal financial participation limited to twenty-fiv
project costs;and
NOW,THEREFORE,in consideration ofthe above Recitals,which are
incorporated into the AGREEMENT by this reference,and ofthe mutual obligations of
the PARTIES expressed herein,CITY and DISTRICT agree as follows:
.........'
USBROTAYWDPASSTHRU Page 1 of9
Section 1 -Definitions
The following words and terms shall havethe following meanings whenever used
in this AGREEMENT,unless the context requires otherwise:
"ACT"means the Reclamation Wastewater and Groundwater Study and Facilities
Act of 1992 (Public Law 102-575,codified at 43 U.S.c.§§390h to h-14).
pursuant to the
ns the schedule for completion ofthe
the COOPERATIVE AGREEMENT
iego Area Water Reclamation Program,
T fi the purpose ofFederal Government participation in
truction ofdemonstration and permanent facilities to
e San Diego metropolitan service area (43 U.S.C.§390h-
establish
the planning,
reclaim and reu
10).
"CITY"means the City of San Diego,a municipa
"COOPERATIVE AGREEMENT"means t
Interior Bureau ofReclamation Assistance Agre
Agreement No.06FC350182,a copy ofwhic
"AGREEMENT"means this Cooperative Su~-Agreement for United States
Bureau of Reclamation Funding for the Otay Water District Recy ed Water'
Infrastructure Program.
"PROJECT"means design and construction ofthe Otay Water District Recycled
Water Infrastructure Program that will distribute recycled water throughout DISTRICT's
boundaries for beneficial use,as more particularly described in Article I,Section 1.4 of
the COOPERATIVE AGREEMENT....
"USBR"means United States Department ofthe Interior Bureau ofReclamation.
USB ROTAYWDPASSTHRU Page 2 of9
Section 2 -General
2.1 DISTRICT Responsibilities.With the exception of CITY responsibilities
specifically identified in Sections 10 and 11 below,DISTRICT shall assume all
responsibilities of CITY and perform all obligations required of CITY under the
COOPERATIVE AGREEMENT,regardless ofwhether an individual obligation or
responsibility is specifically identified in the main body ofthis AGREEMENT.
l?ISTRICT shall comply with and agrees to be bound by all terms and conditions ofthe
COOPERATIVE AGREEMENT.DISTRICT shall bear all costs associated with
compliance with this AGREEMENT and with the COOPERATIV AGREEMENT.
2.1.1 DISTRICT understands and agrees that it sh
contributing all funding necessary to complete the PROJ
responsible for completion ofthe PROJECT and shallb
completion ofthe PROJECT.DISTRICT shall co
with the PERFORMANCE SCHEDULE.DIST
operation and maintenance of all components
financial responsibility for the operation and mal
shall be solely responsible for all permitting,monito
measures associated with the PROJ T and shall bear
such permitting,monitoring andenvi tal measures.
y a!\;11 issues or disputes with
or the COOPERATIVE
to resolve any such disputes.
that CITY's role under the
is AG MENT is merely to act as a "pass-
ain FUNDING.As such,CITY's sole
E AG EMENT shall be related to submitting
nING as described in Sections 10 and 11 below.
FUNDING received by CITY as described in
not ave any financial obligations under this
ave no ownership right,title,or interest in PROJECT·
ghts,duties,or responsibilities for construction,replacement,
thereof.
Section 3 -Schedule
3.1 Project Management Plan.DISTRICT shall comply with all provisions of Article
I,Section 2.1,City Responsibilities,ofthe COOPERATIVE AGREEMENT,and
DISTRICT expressly agrees to assume sole responsibility for performing all tasks
enumerated therein.These tasks include,but are not limited to,contributing at least
seventy-five percent (75%)ofthe funds necessary to complete the PROJECT from non-
federal source(s).
USBROTAYWDPASSTHRU Page 3 of9
3.2 Amount of FUNDING.DISTRICT understands and agrees that as ofthe date of
execution ofthis AGREEMENT,pursuant to Article I,Sections 2.2 and 3.3 ofthe
COOPERATNE AGREEMENT,USBR's FUNDING obligation is in an amount not to
exceed $420,000.DISTRICT further understands and agrees that USBR may provide
additional FUNDING in an amount not to exceed 25%oftotal PROJECT costs.IfUSBR
provides additional FUNDING,it will be reflected in a written modification to the
COOPERATNE AGREEMENT in accordance with Article II,Section 2 ofthe
COOPERATNE AGREEMENT.
ection 3.1,Allowable
ofCITY therein.
el,services,and
AGREEMENT.
bound b 1Special Provisions set forth
NT,including,but not limited to:(1)
performance reports;(3)Notifying
taining audits.DISTRICT shall bear
.any refund ofFUNDING.
ey personnel for this Agreement are as follows:
DISTRICT shall comp
in Article II of the
Submitting finane'
the USBR ofsignifica
all costs ass'ith c
Section 5 -Release of Claims
Section 6 -Special Provisions
DISTRICT shall comply with all provisions set forth in Arti
Project Costs and Budget Revisions,and perform all duti
DISTRICT's duties include,but are not limited to,prov
equipment necessary for proper performance under
Section 4 -Financial Support
DISTRICT shall co ply with and agrees to be bound by all General Provisions outlined
in Article III ofthe COOPERATNE AGREEMENT,including,but not limited to:(1)
Drug-Free Workplace requirements;(2)Minority Contracting requirements;and (3)
Lobbying restrictions.
Section 9 -Amendments
9.1 General.The PARTIES may determine that revisions to the COOPERATIVE
AGREEMENT or this AqREEMENTare necessary and appropriate to reflect changes in
USBROTAYWDPASSTHRU Page 4 of9
the PROJECT scope,cost,or schedule.Ifagreed to by the PARTIES,DISTRICT shall
initiate the process to amend the agreements and perform all tasks necessary to obtain
approval for the revisions from USBR.If approved by USBR,CITY agrees to amend the
COOPERATIVE AGREEMENT and this AGREEMENT as necessary and appropriate.
9.2 Performance Schedule.If unforeseen circumstances delay completion ofthe
PROJECT beyond the time conterriplated by the PERFORMANCE SCHEDULE,
DISTRICT shall initiate a request to amend the PERFORMANCE SCHEDULE and
perform all tasb necessary to obtain USBR consent to the amendment.If USBR does not.
consent,DISTRICT shall comply with the existing PERFORMANCE SCHEDULE.
CITY will execute an amendmentto the COOPERATIVE AG~NT to reflect any
such revisions agreed upon by USBR and DISTRICT.
Section 10 -Funding Requests
all costs
uests
all provide
DI by CITY for the administration ofthis
AGREE E TIVE AGREEMENT.These costs are expected to be
nominal and:ociated with preparing and reviewing FUNDING requests,
distributing F 'onding to requests for information or Clarification,
complying.with re equirements,and auditing.CITY shall track and document
these costs via a job er·or other cost accounting mechanism.Upon receipt ofa
statement ofcosts fr m CITY,DISTRICT shall pay such costs in timely manner,and not
later than thirty (30)days from receipt ofthe statement.
Section 12 -Insurance and Indemnification
12.1 Insurance.At all times during the term ofthis AGREEMENT,DISTRICT shall
maintain Commercial General Liability (CGL)Insurance written on an occurrence basis
which shall cover liability aris.ing from any and all pers.onal injuryor.propertydamage in
the amount of$1 million per·occurrence and subject to an annual aggregate of $2 million.
,....
USBROTAYWDPASSTI-JRU Page50f9
There shall be no endorsement or modification ofthe CGL policy limiting the scope of
coverage for either insured vs.insured claims or contractual liability.All defense costs
shall be outside the limits of the policy.
Diego and its
and to
be
dify the CGL policy or
loss.
shall be carried only by a responsible
etter by the A.M.Best Key Rating
ofCalifornia,and that has been
e provided by non-admitted,"surplus
uthorized to do business in the State ofCalifornia and
Lines Insurers (LESLI list).
For the duration ofthis AGREEMENT,
any endorsement thereto which increases
The CGL policy must be endorsed to include as an
respective elected officials,officers,employees,
provide that the policy is primary and non-co
carried by CITY.DISTRICT shall provide C
accompanied with all endorsements upon execution
reserves the right to request,and DI RICT shall sub
reasonable request by CITY.
DISTRICT's liabilities under this Agreement,including but not limited to DISTRICT's
indemnity obligations,shall not be deemed limited in any way to the insurance coverage
required herein.Except as provided for under California law,the CGL policy required
hereunder must provide that CITY is entitled to thirty (30)days prior written notice (10'
days for cancellation due to non-payment ofpremium)ofcancellation or non-renewal of
the policy.'Maintenance ofCGL insurance coverage is a material ement ofthis
AGREEMENT and DISTRICT's failure to maintain or renew ~or to provide
evidence ofrenewal during the term ofthis AGREEMENT treated as a material
breach ofcontract by CITY.
The CGL policy re
.Insurance compa
Guide,that is licensed
approved b ITY
lines"c
is sho
12.2 In RI agrees to defend,indemnify,protect,and hold CITY,
its agents,0 yees harmless from and against any and all claims asserted
or liability esta ages or injuries to any person or property,including injury
to DISTRICT's e ,ager,its,or officers which arise out oforare in any manner
directly or indirectl nected with this AGREEMENT,the COOPERATIVE
AGREEMENT,or t e PROJECT,and all expenses ofinvestigating and defending
against same;provided,however,that DISTRICT's duty to indemnify and hold harmless
shall not include any claims or liability arising from the established active negligence,
sole negligence,or sale willful misconduct of CITY,its agents,officers,or employees.
USBROTAYWDPASSTHRU Page6of9
Section 13 -Miscellaneous Provisions
13.1 Term.The term,ofthis AGREEMENT shall commence on the date of execution
by the PARTIES and shall continue until the expiration or termination ofthe
COOPERATNE AGREEMENT.
NT and all rights and obligations creat~d
hether or not the PARTIES to the
ntity,and all rights and obligations
and binding on any PARTY's successor in .
n or transfer this AGREEMENT,or delegate any of
itten consent ofthe other PARTY.Any attempt
AGREEMENT without the express written
e void and ofno force or effect.
aph and section headings are for convenience only and shall.'
oft4is AGREEMENT.
13.5 Headin
not affect the inte
City ofSan Diego
Water Department
600 B Street,Suite 1300
San Diego,CA 92101-4588
Attn:
13.2 Notice.In all cases where written notice is required or desired under this
AGREEMENT,service shall be deemed sufficient ifthe notice is deposited in the United
States mail,postage paid.Proper notice shall be effective on the date it is mailed,unless
provided otherwise in this AGREEMENT.For the purposes ofth'AGREEMENT,
unless otherwise agreed in writing,notice to the PARTIES sha dressed as follows:
13.6 Exhibits Inc rporated.All Exhibits referenced in this AGREEMENT are attached
hereto and incorporated herein by this reference.
13.7 Covenants and Conditions.All provisions ofthis AGREEMENT expressed as
(either covenants or conditions on the part of CITY or DISTRICT,shall be deemed to be
both covenants and conditions.
13.8 Integration.This AGREEMENT.and the Exhibits and ~eferences incorporated into
..thisAGREEMENT fully express all understandings ofthe PARTIES concerning the
USBROTAYWDPASSTHRU Page 7 of9
matters covered in this AGREEMENT.No change,alteration,or modification of the
terms or conditions ofthis AGREEMENT,and no verbal understanding of the PARTIES,
their officers,agents,or employees shall be valid unless made in the form of a written
amendment agreed to in writing by both PARTIES.All prior negotiations and agreements
are merged into this AGREEMENT.
13.9 No Waiver.No failure of either CITY or DISTRICT to insist upon the strict
performance by the other of any covemint,term or condition ofthis AGREEMENT,nor
any failure to exercise any right or remedy consequent upon a breach of any covenant,
term',or condition ofthis AGREEMENT,shall constitute a waiverpfany such breach of
such covenant,term or condition.No waiver ofany breach sha or alter this
AGREEMENT,and each and every covenant,condition,an hereof shall continue
in full force and effect to any existing or subsequent brea
13.10 Drafting Ambiguities.The PARTIES agree
right to be advised by counsel with respect to the
this AGREEMENT,and the decision ofwhet
respect to this AGREEMENT is a decision w IC
PARTY.This AGREEMENT shall not be construe
by reason ofthe extent to which eac ARTY particip
AGREEMENT.
USBROTAYWDPASSTHRU Page 8 of9
13.11 Signing Authority.The representatives for each PARTY executing this
AGREEMENT represent and warrant that the necessary authority has been obtained to
sign on behalf oftheir respective entities.
IN WITNESS WHEREOF,this AGREEMENT is executed by CITY,acting by
and through its .,and by DISTRICT,acting by and
through its _
ICHAEL AGUIRRE,City Attorney
THE CITY OF SAN DIEGO
By:
Its:
Dated:
OTAY WATER DISTRICT
By:
Its:
Dated:
200
USBROTAYWDPASSTHRU
By:
Page90f9
Deputy City Attorney
EXHIBIT "C"
APPLICATION FOR OMB Approval No.0348-0043
Standard Form 424 (Rev.7-97)
Prescribed by.OM.B Circular A-1 02 ':.
PrevIous Edition Usable
.Authorized for Local Reproduction
FEDERAL ASSISTANCE 2.DATE SUBMITTED Applicant Identifier
January 27,2006
1.TYPE OF SUBMISSION:3.DATE RECEIVED BY STATE State Application Identifier
~Plication Preapplication
\I"Construction D Construction 4.DATE RECEIVED BY FEDERALAGENCY Federal Identifier
D Non-Construction D Non-Construction
5.APPLICANT INFORMATION
Legal Name:Organizational Unit:
City of San Diego Water Department for Otay Water District
Address (give city,county,State,andzip code):Name and telephone number of person to be contacted on matters involvin
600 B Street,Suite 1300,MS 913 this afrcatiOn(giVe area code)
Je Umbrasas (619)533-5491
San Diego,CA 92101 ..
6.EMPLOYER IDENTIFICATION NUMBER (EIN):7.TYPE OF APPLICANT:(enterappropriate letter in box)
~[I]-[I]@]@]@Iill][I]A.State H.Independent School Dist.
[Q]
8.TYPE OF APPLICATION:B.County I.State Controlled Institution of Higher Learning
Iia New D Continuation o Revision C.Municipal J.Private University
D.Township K.Indian Tribe
If Revision,enterappropriate letter(s)in box(es)D D E.Interstate L.Individual
F.Intermunicipal M.Profit Organization
A.Increase Award B.Decrease Award C.Increase Duration G.Special District N.Other (Specify)
D.Decrease Duration Other(specify):
9.NAME OF FEDERAL AGENCY:
United States Bureau of Reclamation
10.CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER:11.DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
OTIJ -[ilill]Otay Water District,Recycled Water Infrastructure
TITLE:San DieQo Water Reclamation Proiect,Title XVI Program,Phase II and III
12.AREASAFFECTED BY PROJECT(Cities,Counties,States,etc.):San Diego Water Reclamation Project
City of Chula Vista,City of San Diego,San Diego County
13.PROPOSED PROJECT 14.CONGRESSIONAL DISTRICTS OF:
Start\Dat,~~Endlr~Dar a.Applicant b.Project
I {t~o ~~<S ~~\49th,50th,51 st,52nd 5Oth,52nd
15.ESTIMATED FUNDING!16.IS APPLICATION SUBJECT TO REVIEW BYSTATE EXECUTIVE
ORDER 12372 PROCESS?
a.Federal $00
20,161,250 a.YES.THIS PREAPPLlCATION/APPLICATION WAS MADE
b.Applicant $00 AVAILABLE TO THE STATE EXECUTIVE ORDER 1237260,483,750 PROCESS FOR REVIEW ON:
c.State $00
DATE
d.Local $00
b.No.~PROGRAM IS NOT COVERED BY E.O.12372
e.Other $00 oOR PROGRAM HAS NOT BEEN SELECTED BY STATE
FOR REVIEW
f.Program Income $00
17.IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
g.TOTAL $00
80,645,000 DYes If"Yes,"attach an explanation.Il2I No
18.TO THE BEST OF MY KNOWLEDGE AND BELIEF,ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT,THE
DOCUMENT HAS BEEN DULYAUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE
ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED.
c....-':"'~Rflfresentative lb.Title (c.TeleprTU11e"1'lU~~1-Erank Belock,Jr.. .Water Department Director (619)533~7555
d.Signature ofAuthorized Repre'sentative e:-~,.//
..
INSTRUCTIONS FOR THE SF-424
Public reporting burden for this collection of information is estimated to average 45 minutes per response,including time for reviewing
instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of
information.Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for
reducing this burden,to the Office ofManagement and Budget,Paperwork Reduction Project (0348-0043),Washington,DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET.
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
This is a standard form used by applicants as a required facesheet for preapplications and applications submitted for Federal assistance.It
will be used by Federal agencies to obtain applicant certification that States which have established a review and comment procedure in
response to Executive Order 12372 and have selected the program to be included in their process,have been given an opportunity to review
the applicant's submi~sion.
Item:
1.Self-explanatory.
Entry:Item':
12.
Entry:
List only the large~t political entities affected (e.g.,State,
counties,cities).
2.
3.
4.
5.
6.
7.
8.
Date application submitted to Federal agency (or State if
applicable)and applicant's control number (if applicable).13.
State use only (if applicable).14.
If this application is to continue or revise an existing award,
enter present Federal identifier number.If for a new project,15.
leave blank.
Legal name of applicant,name of primary organizational unit
which will undertake the assistance activity,complete address of
the applicant,and nameand telephone number of the person to
contact on matters related to this application.
Enter Employer Identification Number (EIN)as assigned by the
Internal Revenue Service.
Enter the appropriate letter in the space provided.16.
Check appropriate box and enter appropriate letter(s)in the
space(s)provided:
Self-explanatory.
List the applicant's Congressional District and any
District(s)affected by the program or project.
Amount requested or to be contributed during the first
funding/budget period by each contributor.Value of in-
kind contributions should be included on appropriate
lines as applicable.If the action will result in a dollar
change to an existing award,indicate only the amount
of the change.For decreases,enclose the amounts in
parentheses.If both basic and supplemental amounts
are included,show breakdown on an attached sheet.
For multiple program funding,use totals and show
breakdown using same categories as item 15.
Applicants should contact the State Single Point of
Contact (SPOC)for Federal Executive Order 12372 to
determine whether the application is subjectto the
State intergovernmental review process.
9.
--"New"means a new assistance award.
-"Continuation"means an extension for an additional
funding/budget period for a project with a projected
cor:npletion date.
-"Revision"means any cl:lange in the.Federal
Government's financial obligation or contingent
liability from an existing obligation.
Name of Federal agency from which assistance is being
requested with this application.
17.
18.
This question applies to the applicant organization,not
the person who signs as the authorized representative.
Categories of debt include delinquent audit
disallowances,loans and taxes.
To be signed by the authorized representative of the
applicant.A copy of the governing body's
authorization for you to sign this application as official
representative must be on file in the applicant's office.
(Certain Federal agencies may require that this
authorization be submitted as part of the application.)
10.Use the Catalog of Federal Domestic Assistance number and
title of the program under which assistance is requested.
11.Enter a brief descriptive title of the project.If more than one
.program is involved,you should append an explanation on a
separate sheet.If appropriate (e.g.,construction or real
property projects),attach a map showing project location.For
preapplications,use a separate sheet to provide a summary
description of this project..
SF-424 (Rev.7-97)Back
AGENDA ITEM 10
TYPE MEETING:Regular Board
SUBMITTED BY:Mark Watton,
General Manager
APPROVED BY:
(Chief)
STAFF REPORT
MEETING DATE:
W.O.lG.F.NO:
March 13,2006
DIV.NO.
APPROVED BY:
(Asst.GM):
SUBJECT:Approve Consulting Services for Bi-National Water Matters
GENERAL MANAGER'S RECOMMENDATION:
That the board approve the attached agreement engaging the services
of Hector Mares as consultant for bi-national water matters for the
period March 13,2006 through November 30,2007 for an amount not to
exceed $60,000.
COMMITTEE ACTION:
See attached.
PURPOSE:
To retain the services of Hector Mares as consultant for bi-national
water matters for the period March 13,2006 through November 30,2007
for an amount not to exceed $60,000.
ANALYSIS:
The District will benefit by retaining the services of a bi-national
consultant to advise the board and management on matters concerning
desalination in Mexico among other subjects related to bi-national
water development opportunities.
Staff is recommending the engagement of Mr.Mares based on his
experience and knowledge in this particular area.Mr.Mares was
engaged as a consultant to the District in a similar capacity under
the General Manager's authority on March 1,2005.During this time,
his analysis,reporting and expertise has been of benefit to the
District.By Mr.Mares'efforts,the District has established very
important contacts and relationships with various Mexican water
officials.This has resulted in a better understanding of the
various projects and initiatives by local,state and federal agencies
in Mexico.
FISCAL IMPACT:
Going forward,there are opportunities for bi-natiopal water
projects,including but not limited to,.recycled water,Colorado
River aqueduct transportation and desalination Mr.Mares will
continue to provide valuable insight and assistance in these efforts.
-~
The cost of the contract in fiscal year 2006 of $12,000 will be
covered by the General Manager's operating bUdget.The remaining
$48,000 of the contract will be included in the new budget for fiscal
year 2007
STRATEGIC GOAL:
This action would support the District's Strategic Plan focusing on
"planning for infrastructure and supply.u
LEGAL IMPACT:
None.
ATTACHMENT A
SUBJECTIPROJECT:Approve Consulting Services for Bi-National Water Matters
COMMITTEE ACTION:
This item was presented to the Engineering and Water Operations
Committee at a meeting held on Wedenesday,February 22,2006.
The committee supported presentation to the full board.
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.
CONSULTANT CONTRACT SERVICES AGREEMENT FOR
BI-NATIONAL WATER AND RELATED ISSUES
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement")is made and
entered into this Thirteenth day of March,2006,by and between the Otay Water District,a
California municipal corporation,(herein "OWD")and Hector Mares (herein "Consultant").
NOW,THEREFORE,the parties hereto agree as follows:
1.0 SERVICES OF CONSULTANT
1.1.Scope of Services.In compliance with all the terms and conditions ofthis
Agreement,the Contractor shall perform the work or services set forth in the "Scope of Services"
attached hereto as Exhibit "A"and incorporated herein by reference.Consultant warrants that all
work and services set forth in the Scope of Services will be performed in a competent,
professional and satisfactory manner.
1.2.Compliance With Law.All work and services rendered hereunder shall be
provided in accordance with all ordinances,resolutions,statutes,rules,and regulations of the
OWD and any Federal,State or local governmental agency ofcompetent jurisdiction.
1.3.Licenses,Permits,Fees and Assessments.Consultant shall obtain at its sole
cost and expense such licenses,permits and approvals as may be required by law for the
performance ofthe services required by this Agreement.
2.0 COMPENSATION
2.1.Contract Sum.For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with the "Schedule of Compensation"attached
hereto as "Exhibit "B"and incorporated herein by this reference.
2.2.Method of Payment.Provided that Consultant is not in default under the
terms ofthis Agreement,Contractor shall be paid monthly in accordance with the terms set forth
in Exhibit "B".
Page 1 of7
3.0 COORDINATION OF WORK
3.1.Representative of Contractor.Hector Mares is hereby designated as being the
principal and representative of Consultant authorized to act in its behalf with respect to the work
and services specified herein and make all decisions in connection therewith.
3.2.Contract Officer.Mark Watton,General Manager of the OWD,is hereby
designated as being the representative to the District authorized to act in its behalf with respect
to the work and services specified herein and make all decisions in connection therewith
("Contract Officer").The General Manager of OWD shall have the right to designate another
Contract Officer by providing written notice to Consultant.
3.3.Prohibition Against Subcontracting or Assignment.Consultant shall not
contract with any person or entity to perform in whole or in part the work or services required
hereunder without the express written approval ofOWD.Neither this Agreement nor any interest
herein may be assigned or transferred voluntarily or by operation of law,without the prior
written approval ofOWD.Any such prohibited assigriment or transfer shall be void.
3.4.Independent Contractor.Neither OWD nor any of its employees shall have
any control over the manner,mode or means by which Consultant,its agents or employees,
perform the services required herein,except as otherwise set forth.Consultant shall perform all
services required herein as an independent contractor of OWD and shall remain under only such
obligations as are consistent with that role.Consultant shall not at any time or in any manner
represent that it or any of its agents or employees are agents or employees ofOWD.
4.0 INSURANCE AND INDEMNIFICATION
4.1.Insurance.The Consultant shall procure and maintain,at its sole cost and expense,in
a fonn and content satisfactory to OWD,during the,entire term ofthis Agreement including any
extension thereof,a policy of comprehensive automobile liability insurance written on a per
occurrence basis in an amount not less than either (i)bodily injury liability limits of $250,000.00
per person and $500,000.00 per occurrence and property damage liability limits of $100,000.00
per occurrence and $250,000.00 in the aggregate or (ii)combined single limit liability of
$500,000-00.Said policy shall include coverage for owned,non-owned,leased and hired cars.
The above policy of insurance shall be primary insurance and shall name OWD,its
directors,officers,employees and agents as additional insureds.The insurer shall waive all rights
of subrogation and contribution it may have against OWD,its directors,officers,employees and
agents and their respective insurers.The policy of insurance shall provide that said insurance
may not be amended or canceled without providing thirty (30)days prior written notice by
registered mail to OWD.In the event said policy of insurance is canceled,the Consultant shall,
prior to the cancellation date,submit new evidence of insurance in conformance with this
Section 4.1 to the Contract Officer.No work or services under this Agreement shall commence
until the Consultant
Page 2 of7
has provided OWD with Certificates of Insurance or appropriate insurance binders evidencing
the above insurance coverages and said Certificates of Insurance or binders are approved by
OWD.
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATED THEREOF,THE ISSUING COMPANY SHALL MAIL THIRTY (30)
DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN.
[to be initialed]
Agent Initials
The provisions of Section 4.1 shall not be construed as limiting in any way the extent to
which the Consultant may be held responsible for the payment of damages to any persons or
property resulting from the Consultant's activities or the activities of any person or persons for
which the Consultant is otherwise responsible.
The insurance required by this Agreement shall be satisfactory only if issued by
companies qualified to do business in California,rated "A"or better in the most recent edition of
Best Rating Guide,The Key Rating Guide or in the Federal Register,and only if they are of a
financial category Class VII or better,unless such requirements are waived by the Risk
Manager ofOWD due to unique circumstances.
4.2.Indemnification.Consultant agrees to indemnify OWD,its directors,officers,
agents and employees against,and will hold and save them and each of them harmless from,any
and all actions,suits,claims,damages to persons or property,losses,costs,penalties,obligations,
errors,omissions or liabilities,including applying any legal costs,attorneys fees,or paying any
judgment (herein "claims or liabilities")that may be asserted or claimed by any person,firm or
entity arising out of or in connection with the negligent performance of the work or services of
Consultant,its agents,employees,subcontractors,or invitees,provided for herein,or arising
from the negligent acts or omissions of Consultant hereunder,or arising from Consultant's
negligent performance of or failure to perform any term,provision covenant or condition ofthis
Agreement,but excluding such claims or liabilities to the extent caused by the sole negligence or
willful misconduct ofOWD.
5.0 TERM
5.1.Term.This contract shall be effective and commence on March 13,2006.
Unless earlier terminated in accordance with Section 5.2 below,this Agreement shall continue in
full force and effect on a month to month basis not to exceed four (4)months.
5.2.Termination Prior to Expiration of Term.Either party may terminate this
Agreement at any time,with or without cause,upon ten (10)days'written notice to the other
party.Upon receipt ofthe notice of termination,the Consultant shall immediately cease all work
or services hereunder except as may be specifically approved by the Contract Officer.In the
Page 3 of7
event of termination by own,Consultant shall be entitled to compensation for all services
rendered prior to the effective date of the notice of termination and for such additional services
specifically authorized by the Contract Officer.own shall be entitled to reimbursement for any
compensation paid in excess ofthe services rendered.
6.0 MISCELLANEOUS
6.1.Covenant Against Discrimination.Consultant covenants that,by and for
itself,its heirs,executors,assigns and all persons claiming under or through them,that there
shall be no discrimination against or segregation of,any person or group of persons on account
of race,color,creed,religion,sex,marital status,national origin,or ancestry in the performance
of this Agreement.Consultant shall take affirmative action to ensure that applicants are
employed and that employees are treated during employment without regard to their race,color,
creed,religion,sex,marital status,national origin or ancestry.
6.2.Non-liability of District Officers and Employees.No officer or employee of
OWD shall be personally liable to the Consultant,or any successor in interest,in the event of
any default or breach by OWD or for any amount which may become due to the Consultant or to
its successor,or for breach ofany obligation ofthe terms ofthis Agreement.
6.3.Conflict ofInterest.No officer or employee ofOWD shall have any financial
interest,direct or indirect,in this Agreement nor shall any such officer or employee participate in
any decision relating to the Agreement which affects his financial interest or the financial
interest of any corporation,partnership or association in which he is,'directly or indirectly,
interested,in violation of any State statute or regulation.The Consultant warrants that it has not
paid or given and will not pay or give any third party any money or other consideration for
obtaining this Agreement.
6.4.Notice.Any notice demand,request,document,consent,approval,or
communication either party desires or is required to give to the other party or any other person
shall be in writing and either served personally or sent by prepaid,first-class mail,in the case of
own,to the General Manager and to the attention of the Contract Officer,.OWD,2554
Sweetwater springs Blvd.,Spring Valley,CA 91978,and in the case of the Consultant,to the
person at the address designated on the execution page ofthis Agreement.
6.5.Interpretation.The terms ofthis Agreement shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either party by
reason of the authorship of this Agreement or any other rule of construction which might
otherwise apply.
6.6.Integration:Amendment.It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations,arrangements,agreements and understandings,ifany,between
the parties,and none shall be used to interpret this Agreement.This Agreement may be amended
at any time by the mutual consent of the parties by an instrument in writing.
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6.7.Severabilily.In the event that part of this Agreement shall be declared invalid
or unenforceable by a valid judgment or decree of a court of competent jurisdiction,such
invalidity or unenforceability shall not affect any of the remaining portions of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the intent of the
parties hereunder unless the invalid provision is so material that its invalidity deprives either
party ofthe basic benefit oftheir bargain or renders this Agreement meaningless.
6.8 Waiver.No delay or omission in the exercise of any right or remedy by a
nondefaulting party on any default shall impair such right or remedy or be construed as a waiver.
A waiver.A party's consent to or approval of any act by the other party requiring the party's
consent or approval shall not be deemed to waive or render unnecessary the other party's consent
to or approval of any subsequent act.Any waiver by either party of any default must be in
writing and shall not be a waiver ofany other default concerning the same or any other provision
ofthis Agreement.
6.9.Corporate Authority,The persons executing this Agreement on behalf of the
parties hereto warrant that (1)such party is duly organized and existing,(ii)they are duly
authorized to execute and deliver this Agreement on behalf of said party,(iii)the executing and
entering into this Agreement does not violate any provision of any other Agreement to which
said party is bound.
IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as
ofthe date first written above.
AGENCY:
Otay Water District,
a California Corporation
Mark Watton,General Manager
CONSULTANT:
By:_
(PRINTED)
APPROVED AS TO FORM:
Yuri Calderon,General Counsel
Page 5 of7
EXHIBIT "A"
SCOPE OF SERVICES
All items described herein shall be provided by Consultant as part ofhis compensation to further
OWD's objectives regarding water delivery and supply,as such objectives are described below
and may be further described to Contractor by the Contract Officer in writing during the Term of
this Agreement:
1.Monitor and report from time to time on progress of the Mexican Colorado River
Aqueduct and associated facilities.
2.Provide research and a written report on the interest and viability of forming a Committee
such as "San Diego Dialogue"to foster bi-national relations.
3.Monitor and report from time to time on existing bi-national committees and
associations,such as the San Diego Dialogue and Institute of the Americas.
4.Provide reports on Mexicali,Mexico issues related to All American Canal Lining and
other water related activities.
5.Arrange and guide a Tour ofTijuana and Rosarito,Mexico Water Facilities involving
appropriate Mexican Officials as opportunities arise.
6.Provide a comprehensive report and analysis on Tijuana,Mexico water matters.
7.Arrange introductions for Tijuana,Rosarito Beach,Mexicali and state and federal public
officials involved in water issues.
8.Arrange,organize,and invite Mexican water leaders and public officials for a tour of
Otay Water District facilities.
9.Provide political analysis on water matters involving local,state and federal jurisdictions.
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EXHIBIT "B"
SCHEDULE OF COMPENSATION
OWD shall pay Consultant a sum not to exceed $3,000.00 per month for a total sum not
to exceed $54,000.00,payable within thirty (30)days of accepted invoice.This contract shall
commence on March 13,2006 and end on November 30,2007.Consultant shall provide Otay
Water District (District)with invoices showing the work performed for the previous month of
the Term,including a detailed description of tasks performed for District.
Consultant will be reimbursed for all reasonable out-of-pocket expenses incurred in
performance ofthe work identified in "Exhibit XI.Consultant shall request written pre-approval
of any single expense in excess of $100.00 or any monthly sum of expenses in excess of
$250.00.Consultant shall submit to the District detailed receipts and a detailed invoice for said
out-of-pocket expenses.Any entertainment or meal expenses must be pre-approved by the
Contract Officer.Failure to obtain pre-approval may result in a denial ofreimbursement.
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so #4836-3574-6304 vI
AGENDA ITEM 11
A STAFF REPORT FOR THIS AGENDA ITEM:
APPROVE CONSULTANT SERVICES CONTRACT WITH
HATCH AND PARENT FOR AN AMOUNT NOT TO EXCEED
$60,000
WILL BE PROVIDED AT THE COMMITTEE MEETING