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HomeMy WebLinkAbout12-04-18 EO&WR Committee PacketOTAY WATER DISTRICT ENGINEERING, OPERATIONS & WATER RESOURCES COMMITTEE MEETING and SPECIAL MEETING OF THE BOARD OF DIRECTORS 2554 SWEETWATER SPRINGS BOULEVARD SPRING VALLEY, CALIFORNIA Board Room TUESDAY December 4, 2018 12:00 P.M. This is a District Committee meeting. This meeting is being posted as a special meeting in order to comply with the Brown Act (Government Code Section §54954.2) in the event that a quorum of the Board is present. Items will be deliberated, however, no formal board actions will be taken at this meeting. The committee makes recommendations to the full board for its consideration and formal action. AGENDA 1. ROLL CALL 2. PUBLIC PARTICIPATION – OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO SPEAK TO THE BOARD ON ANY SUBJECT MATTER WITHIN THE BOARD'S JU- RISDICTION BUT NOT AN ITEM ON TODAY'S AGENDA DISCUSSION ITEMS 3. APPROVE A $50,000 (FROM $175,000 TO $225,000) INCREASE TO THE CIP R2147 BUDGET AND AWARD A CONSTRUCTION CONTRACT TO JAUREGUI AND CULVER, INC. FOR THE RALPH W. CHAPMAN WATER RECLAMATION FACILITY FUEL SYSTEM IMPROVEMENTS PROJECT IN AN AMOUNT NOT-TO-EXCEED $158,091.58 (MARCHIORO) [5 minutes] 4. APPROVE CLOSE OUT CHANGE ORDER NO. 2 TO THE EXISTING CONTRACT WITH SIMPSON SANDBLASTING AND SPECIAL COATINGS, INC. IN THE AMOUNT OF $97.23 FOR THE 980-2 RESERVOIR INTERIOR/EXTERIOR COAT- INGS AND UPGRADES PROJECT (MARTIN) [5 minutes] 5. ADOPT RESOLUTION NO. 4356 TO APPROVE THE AMENDED AND RESTATED REGIONAL WASTEWATER DISPOSAL AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND THE PARTICIPATING AGENCIES IN THE METROPOLITAN SEWERAGE SYSTEM. THE UPDATED AGREEMENT INCORPORATES THE PURE WATER SAN DIEGO PROGRAM (BEPPLER) [5 min] 2 6. FIRST QUARTER UPDATE ON THE FISCAL YEAR 2019 CAPITAL IMPROVEMENT PROGRAM (MARTIN) [5 min] 7. ADJOURNMENT BOARD MEMBERS ATTENDING: Tim Smith, Chair Gary Croucher All items appearing on this agenda, whether or not expressly listed for action, may be delib- erated and may be subject to action by the Board. The Agenda, and any attachments containing written information, are available at the Dis- trict’s website at www.otaywater.gov. Written changes to any items to be considered at the open meeting, or to any attachments, will be posted on the District’s website. Copies of the Agenda and all attachments are also available through the District Secretary by contacting her at (619) 670-2280. If you have any disability that would require accommodation in order to enable you to partici- pate in this meeting, please call the District Secretary at 670-2280 at least 24 hours prior to the meeting. Certification of Posting I certify that on November 30, 2018 I posted a copy of the foregoing agenda near the regular meeting place of the Board of Directors of Otay Water District, said time being at least 24 hours in advance of the meeting of the Board of Directors (Government Code Section §54954.2). Executed at Spring Valley, California on November 30, 2018. /s/ Susan Cruz, District Secretary STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: January 2, 2019 SUBMITTED BY: Jeff Marchioro Senior Civil Engineer PROJECT: R2147- 001103 DIV. NO. 3 APPROVED BY: Bob Kennedy, Engineering Manager Dan Martin, Assistant Chief of Engineering Rod Posada, Chief, Engineering Mark Watton, General Manager SUBJECT: Approval to Increase the CIP R2147 Budget in an Amount of $50,000 and Award of a Construction Contract to Jauregui & Culver, Inc. for the Ralph W. Chapman Water Reclamation Facility Fuel System Improvements Project GENERAL MANAGER’S RECOMMENDATION: That the Otay Water District (District) Board of Directors (Board): 1. Increase the budget by $50,000 (from $175,000 to $225,000); 2. Award a construction contract to Jauregui & Culver, Inc. (Jauregui) and to authorize the General Manager to execute a construction contract with Jauregui for the Ralph W. Chapman Water Reclamation Facility (RWCWRF) Fuel System Improvements Project in an amount not-to-exceed $158,091.58 (see Exhibit A for Project location). COMMITTEE ACTION: Please see Attachment A. PURPOSE: To increase the overall CIP R2147 budget in the amount of $50,000 (from $175,000 to $225,000) and to obtain Board authorization for the General Manager to enter into a construction contract with Jauregui for the RWCWRF Fuel System Improvements Project(Project) in an amount not-to-exceed $158,091.58. 2 ANALYSIS: On July 25, 2017, the County of San Diego inspected the RWCWRF under the authority of the California Health and Safety Code (H&SC), to determine compliance with applicable provisions of the H&SC, the California Code of Regulations (CCR), and the San Diego County Code of Regulatory Ordinances (SDCC). The County Compliance Inspection Report contained a violation related to the existing below grade, single-walled diesel fuel piping between the existing 12,000 gallon bulk tank and two (2) 65 gallon day tanks serving the RWCWRF generator and Pump 1 engine. The existing below grade fuel oil piping, partially installed together with the original treatment plant in 1979, must be replaced to gain compliance with the County of San Diego inspection report and current codes. The existing below grade fuel oil piping will be replaced with a mix of below grade and above grade piping to minimize the below grade piping length. A late 1980’s/early 1990’s era return tank located within the bulk storage area will also be replaced. The return tank has reached the end of its useful life. Staff prepared the contract documents in-house. The District’s as- needed engineering design consultant (Michael Baker) provided guidance and peer review. On October 17, 2018, the Project was formally advertised for bid using BidSync, an online bid solicitation website. The Project was also advertised in the Daily Transcript. BidSync provided electronic distribution of the Bid Documents, including specifications, plans, and addendums. A Pre-Bid Meeting was held on October 24, 2018, which was attended by two (2) contractors that specialize in fuel systems work. Two (2) addenda were sent out to all bidders and plan houses to address questions and clarifications to the contract documents during the bidding period. Bids were publicly opened on November 8, 2018, with the following results: CONTRACTOR TOTAL BID AMOUNT CORRECTED BID AMOUNT 1 Jauregui & Culver, Inc. (Escondido, CA) $163,418.74 $158,091.58 2 GEMS Environmental Management Services, Inc. (Concord, CA) $250,197.82 $221,056.40 The Engineer’s Estimate is $120,000, which includes below grade conduits estimated at $5,000 for CIP R2150-RWCWRF Secondary Chlorine Analyzer and Feed System. District staff added additional scope via 3 addendum, which included an allowance item for additional below grade conduits estimated at $5,000 for CIP P2485-SCADA-Infrastructure and Communications Replacement. The corrected bid amounts listed in the table above do not include the two (2) below grade conduit bid items for separate CIP’s R2150 and P2485. The below grade conduit work will be completed under separate contracts. Because only two (2) bids were received, staff contacted several general contractors to inquire as to why they did not bid the Project. A variety of reasons were given and they are shown in the table below: CONTRACTOR REASON 1 Jenal Engineering Corp (Lemon Grove, CA) Too busy. 2 Western Pump (San Diego, CA) Too busy. They can be selective with bids because there are more bids to choose from. Sealed formal public bids are typically less attractive compared to simpler contracts. 3 Bonsall Petroleum Construction, Inc. (Bonsall, CA) Too busy. 4 PK Mechanical Systems, Inc. (Wildomar, CA) Too busy. A review of the bids was performed by District staff for conformance with the contract requirements and determined that Jauregui was the lowest responsive and responsible bidder. Jauregui holds a Class A, General Engineering, Contractor’s License in the State of California, which meets the contract document’s requirements, and is valid through June 30, 2019. Jauregui also holds a specialty Service Station Equipment and Maintenance (C-61/D40) contractor license. The reference checks indicated a very good to excellent performance record on similar projects. An internet background search of the company was performed and revealed no outstanding issues with this company. Staff verified that the bid bond provided by Jauregui is valid. Staff will also verify that Jauregui’s Performance Bond and Labor and Materials Bond are valid prior to execution of the contract. FISCAL IMPACT: Joe Beachem, Chief Financial Officer The total budget for CIP R2147, as approved in the FY 2019 budget, is $175,000. Total expenditures, plus outstanding commitments and forecast including this contract, are $222,352. See Attachment B for budget detail. 4 Based on a review of the financial budget, the Project Manager anticipates that with a budget increase of $50,000, CIP R2147 will be completed within the new budget amount of $225,000. The Finance Department has determined that, under the current rate model, 100% of the funding is available from the Replacement Fund. STRATEGIC GOAL: This Project supports the District’s Mission statement, “To provide exceptional water and wastewater service to its customers, and to manage District resources in a transparent and fiscally responsible manner” and the General Manager’s Vision, "To be a model water agency by providing stellar service, achieving measurable results, and continuously improving operational practices." GRANTS/LOANS: Engineering staff researched and explored grants and loans and found none available for this Project. LEGAL IMPACT: None. JM/BK:jf P:\WORKING\CIP R2147 RWCWRF Fuel Lines Replacement\Staff Reports\Revised2 - BD 01-02-19 Staff Report RWCWRF Fuel Lines Award to Jauregui.docx Attachments: Attachment A – Committee Action Attachment B – Budget Detail Exhibit A – Location Map ATTACHMENT A SUBJECT/PROJECT: R2147-001103 Approval to Increase the CIP R2147 Budget in an Amount of $50,000 and Award of a Construction Contract to Jauregui & Culver, Inc. for the Ralph W. Chapman Water Reclamation Facility Fuel System Improvements Project COMMITTEE ACTION: The Engineering, Operations, and Water Resources Committee (Committee) reviewed this item at a meeting held on December 4, 2018. The Committee supported staff's recommendation. NOTE: The “Committee Action” is written in anticipation of the Committee moving the item forward for Board approval. This report will be sent to the Board as a Committee approved item, or modified to reflect any discussion or changes as directed from the Committee prior to presentation to the full Board. ATTACHMENT B – Budget Detail SUBJECT/PROJECT: R2147-001103 Approval to Increase the CIP R2147 Budget in an Amount of $50,000 and Award of a Construction Contract to Jauregui & Culver, Inc. for the Ralph W. Chapman Water Reclamation Facility Fuel System Improvements Project 11/9/2018 Budget 175,000 Planning Standard Salaries 2,995 2,995 1,000 3,995 Total Planning 2,995 2,995 1,000 3,995 Design 001102 Consultant Contracts 6,600 3,178 3,423 6,600 MICHAEL BAKER INT'L INC 1,080 - 1,080 1,080 RFYEAGER Standard Salaries 26,332 26,332 1,000 27,332 - - 150 150 DAILY JOURNAL CORPORATION - - 1,200 1,200 MAYER REPROGRAPHICS INC Total Design 34,012 29,509 6,853 36,362 Construction - - 158,092 158,092 Jauregui & Culver, lnc. - - 8,000 8,000 Construction Manager - - 8,000 8,000 Staff Time - - 7,905 7,905 Construction Contract Contingency @5% Total Construction - - 181,996 181,996 Grand Total 37,006 32,504 189,849 222,352 Vendor/Comments Otay Water District r2147-RWCWRF Fuel Lines Replacement Committed Expenditures Outstanding Commitment & Forecast Projected Final Cost OTAY WATER DISTRICTRALPH W. CHAPMAN RECLAMATION FACILITY (RWCWRF)FUEL SYSTEM IMPROVEMENTS - LOCATION MAP EXHIBIT A CIP R2147F P: \ W O R K I N G \ C I P R 2 1 4 7 F u e l L i n e R e p l a c e m e n t \ G r a p h i c s \ E x h i b i t s - F i g u r e s \ E x h i b i t A ( A l t e r n a t e ) SR-94/CAMPO RD JAM A C H A B L V D F U R Y L N SR-9 4 / C A M P O R D JAMA C H A R D !\ VICINITY MAP PROJECT SITE NTSDIV 5 DIV 1 DIV 2 DIV 4 DIV 3 ?ò Aä%&s ?p ?Ë F 0 1,000500 Feet RWCWRFFUEL SYSTEM IMPROVEMENTSSITE STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: January 2, 2019 SUBMITTED BY: Dan Martin Assistant Chief of Engineering PROJECT: P2546-001103 DIV. NO. 5 APPROVED BY: Rod Posada, Chief, Engineering Mark Watton, General Manager SUBJECT: Approve Close Out Change Order No. 2 to the Contract with Simpson Sandblasting and Special Coatings, Inc. for the 980-2 Reservoir Interior/Exterior Coatings & Upgrades Project GENERAL MANAGER’S RECOMMENDATION: That the Otay Water District (District) Board of Directors (Board) approve close out Change Order No. 2 to the existing contract with Simpson Sandblasting and Special Coatings, Inc. (Simpson) in the amount of $97.23 for the 980-2 Reservoir Interior/ Exterior Coatings & Upgrades Project (see Exhibit A for Project location). COMMITTEE ACTION: Please see Attachment A. PURPOSE: To obtain Board authorization for the General Manager to execute close out Change Order No. 2 in the amount of $97.23 to the construction contract with Simpson for the 980-2 Reservoir Interior/Exterior Coatings & Upgrades Project. 2 ANALYSIS: The 980-2 Reservoir is one of two 5.0 million gallon potable water storage facilities in the 980 pressure zone that serve the central area of the District. The 980-2 Reservoir was originally constructed in 1988. The 980-2 Reservoir was last recoated on the interior surface in 2001, and the coating on the exterior is original to the tank. At the October 4, 2017 Board Meeting, the Board awarded a construction contract in an amount of $1,146,327.00 to Simpson to replace the existing interior and exterior coatings for the 980-2 Reservoir. In addition to replacing the reservoir coating, the Project includes structural upgrades to comply with the current American Water Works Association (AWWA) and the Occupational Safety and Health Administration standards at both Federal (OSHA) and State (Cal-OSHA) levels. Since the award of the construction contract, one change order has been issued. Change Order No. 1 removed and replaced the reservoir’s rafters and girders. The cost associated with Change Order No. 1 was $229,152.00. Change Order No. 1 also included contract time as a result of the added structural work at the 980-2 Reservoir. Time impacts associated with this change added ninety-six (96) days. Close out Change Order No. 2 (Exhibit B), which is the subject of this staff report, addresses the following items and serves to close out the construction contract:  Steel patch plate and puddle weld repairs for the reservoir interior floor;  Preparation and coating application to multiple bollards and site appurtenances;  A credit for additional inspection performed outside specified contract working hours;  A credit for damaged asphalt;  Addition of contract time due to weather impacts per the contract. In total, the fifty-six (56) additional days added to the contract will result in a revised total contract duration of 329 calendar days, as shown in close out Change Order No. 2. 3 FISCAL IMPACT: Joe Beachem, Chief Financial Officer The total budget for CIP P2546, as approved in the FY 2019 budget, is $1,690,000.00. Total expenditures, plus outstanding commitments and forecast, are $1,689,913.00. See Attachment B for the budget detail. Based on a review of the financial budget, the Project Manager anticipates that the budget for CIP P2546 is sufficient to support the Project. The Finance Department has determined that, under the current rate model, 100% of the funding is available from the Replacement Fund. STRATEGIC GOAL: This Project supports the District’s Mission statement, “To provide exceptional water and wastewater service to its customers, and to manage District resources in a transparent and fiscally responsible manner” and the General Manager’s Vision, “To be a model water agency by providing stellar service, achieving measurable results, and continuously improving operational practices.” LEGAL IMPACT: None. DM/RP:jf P:\WORKING\CIP P2546 - 980-2 Reservoir Int-Ext Coating\Staff Reports\BD 01-02-2019\BD 01-02-2019, Staff Report 980-2 Reservoir Coating Change Order No 2_REV1.docx Attachments: Attachment A – Committee Action Attachment B – Budget Detail Exhibit A – Project Location for 980-2 Exhibit B – Close out Change Order No. 2 ATTACHMENT A SUBJECT/PROJECT: P2546-001103 Approve Close Out Change Order No. 2 to the Contract with Simpson Sandblasting and Special Coatings, Inc. for the 980-2 Reservoir Interior/Exterior Coatings & Upgrades Project COMMITTEE ACTION: The Engineering, Operations, and Water Resources Committee (Committee) reviewed this item at a meeting held on December 4, 2018. The Committee supported Staff's recommendation. NOTE: The “Committee Action” is written in anticipation of the Committee moving the item forward for Board approval. This report will be sent to the Board as a Committee approved item, or modified to reflect any discussion or changes as directed from the Committee prior to presentation to the full Board. ATTACHMENT B – Budget Detail SUBJECT/PROJECT: P2546-001103 Approve Close Out Change Order No. 2 to the Contract with Simpson Sandblasting and Special Coatings, Inc. for the 980-2 Reservoir Interior/Exterior Coatings & Upgrades Project 11/19/2018 Budget 1,690,000 Planning Standard Salaries 4,042 4,042 - 4,042 Consultant Contracts - - - - Service Contracts 2,310 2,310 - 2,310 HDR ENGINEERING INC Regulatory Agency Fees 50 50 - 50 PETTY CASH CUSTODIAN Total Planning 6,402 6,402 - 6,402 Design Standard Salaries 25,763 25,763 - 25,763 Service Contracts 79 79 - 79 DAILY JOURNAL CORP Total Design 25,843 25,843 - 25,843 Construction Standard Salaries 150,000 145,805 4,195 150,000 Construcion Contract 1,146,327 1,097,781 48,546 1,146,327 SIMPSON SANDBLASTING - CONTRACTOR 229,152 229,152 - 229,152 CHANGE ORDER NO. 1 APPROVED 97 - 97 97 CHANGE ORDER No. 2 Service Contracts 30,240 30,240 - 30,240 ALYSON CONSULTING-CM 83,289 83,289 - 83,289 CSI SERVICES-SPECIALTY INSPECTION 3,282 3,282 - 3,282 NINYO & MOORE-WELDING INSPECTION 1,815 1,815 - 1,815 NV5 INC - STRUCUTRAL INSPECTION 10,500 816 9,684 10,500 WATCHLIGHT 979 979 - 979 MAYER REPROGRAPHICS- Hard Copy Specs 688 688 - 688 CLARKSON LABORATORY Project Contingency 1,300 - 1,300 1,300 CONTINGENCY Total Construction 1,657,669 1,593,847 63,822 1,657,669 Grand Total 1,689,913 1,626,091 63,822 1,689,913 Vendor/Comments Otay Water District P2546-980-2 Reservoir Interior/Exterior Coating Committed Expenditures Outstanding Commitment & Forecast Projected Final Cost OTAY WATER DISTRICT980-2 Reservoir Interior/Exterior Coating & UpgradesLocation Map EXHIBIT A F P: \ \ W O R K I N G \ C I P P 2 5 4 6 - 9 8 0 - 2 R e s e r v o i r I n t - E x t C o a t i n g \ G r a p h i c s \ E x h i b i t s - F i g u r e s \ R e s e r v o i r L o c a t i o n M a p E x h i b i t 0 750375 Feet CIP P2546 980-2 Reservoir ACC E S S R D SALT CREEK GOLF CLUB HU N T E !\ VICINITY MAP PROJECT SITE NTSDIV 5 DIV 1 DIV 2 DIV 4 DIV 3 ?ò Aä%&s ?p ?Ë F 944-1R 980-1 927-1R PROCTOR VALLEY RD P K W Y ACCESS RD Contract / P.O. Change Order No. 2 page 2 of 3 Description of Work Description Increase Decrease Time Item No. 1: This Change Order increases the amount allocated for Bid Item 21, 5/16- inch Steel Patch Plates by $1,980.00 to a new authorized amount of $4,455.00. (Add 12 EA at $165/EA) $1,980.00 4 Item No. 2: This Change Order provides for installation of puddle welds to repair pitted areas of the reservoir floor. $2,563.70 5 Item No. 3: This Change Order provides for surface preparation and coating application to multiple bollards and site appurtenances. $1,316.53 3 Item No. 4: Reimbursement for grinding removal ($1.50/SF) and replacement ($15.00/SF) of damaged asphalt concrete paving at the 980-2 Reservoir. (Credit 285 SF at $16.50/SF) $4,702.50 0 Item No. 5: Reimbursement for additional inspection costs outside normal work hours per Section 00800-1.2 at the 980-2 Reservoir. $1,060.50 0 Item No. 6: Add 44 calendar days due to weather impacts per Contract Specifications 00700-8.5 $0.00 $0.00 44 Sub Total Amount $5,860.23 $5,763.00 56 Total Net Change Order Amount $97.23 Revisions to: BID SCHEDULE Item # Description Quantity Unit Unit Price Amount 21 8-inch Diameter 5/16-inch Thick Steel Patches 27 EA $165 $4,455.00 Reason: Item No. 1: The Contract Bid Item No 21, 5/16-inch Steel Patch Plates, required a quantity adjustment resulting from field conditions. Item No. 2: Subsequent to sandblasting of the interior floor, pitting of the existing steel was discovered in multiple locations requiring remedial action. It was determined that filling the pits by puddle welds to replace corroded steel while providing a smooth surface for coating adherence was the most cost-effective repair method. This change order is required to provide for the additional scope. Item No. 3: During punchlist development it was determined that the existing coating for 6 bollards, an air/vac enclosure, fire hydrant and air-gap piping adjacent to the 980-2 Reservoir was nearing the end of its life cycle. To provide a consistent coating service life it was determined to incorporate surface preparation and coating application to remaining site appurtenances. This change order is required to provide for the additional scope. Contract / P.O. Change Order No. 2 page 3 of 3 Item No. 4: The Contractor damaged existing asphalt concrete paving at the 980-2 Reservoir. In lieu of replacing the damaged asphalt concrete paving the contractor elected to utilize the District’s FY2018 As-Needed Asphaltic Concrete Paving Services Contract pricing to reimburse the District for the associated repair cost. This change order is required to reimburse the District for costs associated with damaged asphalt concrete replacement at the 980-2 Reservoir. Item No. 5: Contract Documents Section 00800-1.2 provides for reimbursement of additional expenses of Owner’s personnel and inspection services resulting from work outside normal working hours. The Contractor requested and was granted authorization to work overtime with the provision for reimbursement of additional inspection costs. The delta between overtime and regular time inspection costs is $21/hr. A total of 50.5 hours of overtime inspection was provided requiring premium time reimbursement. This change order is required to reimburse the District for additional costs associated with providing inspection outside normal working hours as requested by the Contractor. Item No. 6: Contract Documents Section 00700-8.5 provides for no cost time extensions due to weather impacts on the project progress. Weather impacted the project forty-four (44) days between April and September 2018. The project was impacted on April 17, 18, 20, 24-27; May 3-4, 9-10, 15, 23, 30; June 4, 7, 12, 15, 18, 20, 22, 25, 27, 29; July 5, 7, 12, 16, 18-20; August 1, 10-11, 14, 16, 18, 21, 24-25, 27-28; September 4 & 7, 2018 due to weather. CA#878060 NV#72342 AZ#255672 Corporate Office • 14665 Rancho Vista Drive • Fontana, CA 92335 P: (909) 928-0000 • F: (909) 829-0024 November 2, 2018 Doug Cook Alyson Corp 9968 Hibert Street, #109 San Diego, CA 92131 Re: Otay Water District 980-2 Resevoir Request for Delay Days Mr. Cook, This letter is for the request of additional contract days to be added to the contract. Simpson Sandblasting is requesting 44 contract days to be added to the contract due to excessive heat, and excessive humidity. These environmental conditions resulted in environments that were not within the project specifications or the paint manufacturer’s product data sheets, thus causing Simpson to not be able to proceed with the scheduled coatings work. All daily reports have been submitted and each delay day is documented and noted for a requested contract day. Please review all daily reports for confirmation of the amount of delay days requested. Simpson would also like to request 5 additional days for the puddle welding work performed on pitted areas of steel, 3 additional days for painting of bollards & pipes, and 3 additional contract days for the plate welding. Please feel free to contact me in regards to these requested days. (951) 233-7076. Respectfully, Rusty Simpson Project Manager Job Number Date PCO Type PCO No. 7/23/2018 CONTRACT 2 Labor: Item Craft ST Hours OT Hours ST Rate OT Rate Labor Total Payroll Taxes %Work Comp Work Comp %Per Diem Rate Daily Truck Rate Qty/Days Benefits Total Tracking Code 1 BOILERMAKER 8.00 3.00 $81.63 $115.74 $1,000.26 18.00%Iron/Steel Erection 9.93%$100.00 $100.00 1.0 $0.00 $1,479.63 550-1 - Carbon Field 2 NON-PREVAILING 0.00 $0.00 $0.00 Clerical 0.51%$0.00 310-1 - Carbon Shop - Paso 3 NON-PREVAILING 7.00 $78.48 $0.00 $549.36 SELECT CLASS 0.00%$75.35 $624.71 410-1 - Paso Paint Shop - Labor 4 NON-PREVAILING $0.00 $0.00 SELECT CLASS 0.00%$0.00 100 - Engineering 5 NON-PREVAILING $0.00 $0.00 SELECT CLASS 0.00%$0.00 110 - CAD/Drafting 6 SELECT CRAFT SELECT CLASS 0.00%$0.00 SELECT CODE Equipment: Item Duration Charged # Of Units Onsite ST Quantity OT Quantity ST Rate OT Rate Standby Rate Total 1 HOURLY 1.00 8.00 2.40 $8.33 $15.07 $1.97 $102.81 2 HOURLY $0.00 $0.00 $0.00 $0.00 3 HOURLY $0.00 $0.00 $0.00 $0.00 4 HOURLY $0.00 $0.00 $0.00 $0.00 5 HOURLY $0.00 $0.00 $0.00 $0.00 6 HOURLY $0.00 $0.00 $0.00 $0.00 7 HOURLY $0.00 $0.00 $0.00 $0.00 8 HOURLY $0.00 $0.00 $0.00 $0.00 9 HOURLY $0.00 $0.00 $0.00 $0.00 10 HOURLY $0.00 $0.00 $0.00 $0.00 11 HOURLY $0.00 $0.00 $0.00 $0.00 12 HOURLY $0.00 $0.00 $0.00 $0.00 13 HOURLY $0.00 $0.00 $0.00 $0.00 14 HOURLY $0.00 $0.00 $0.00 $0.00 15 HOURLY $0.00 $0.00 $0.00 $0.00 16 HOURLY $0.00 $0.00 $0.00 $0.00 17 $0.00 $0.00 18 $0.00 $0.00 $0.00 $0.00 19 $0.00 $0.00 $0.00 $0.00 20 $0.00 $0.00 $0.00 $0.00 Materials: Item Description Quantity Unit of Measure Unit Price Total Tax Rate 1 8.75%Cost $2,104.35 2 8.75%Surcharge %0.00%$0.00 3 $0.00 0.00%Markup %15.00%$315.65 4 $0.00 0.00%Total $2,420.00 5 $0.00 0.00%Cost $102.81 6 $0.00 0.00%Equipment Markup %15.00%$15.42 7 $0.00 0.00%Total $118.23 8 $0.00 0.00%Cost $0.00 Subcontractors:Tax $0.00 Item Total Markup %0.00%$0.00 1 Total $0.00 2 Cost $0.00 3 Markup %0.00%$0.00 4 Total $0.00 5 Cost $0.00 Freight:Markup %0.00%$0.00 Item Total Total $0.00 1 Bonding Bonding %1.00%$25.64 2 Profit Profit %Profit %0.00%$0.00 5 $2,563.70 Signature of Owner's Representative/General Contractor Name Date PRT Project Manager Signature Name Date Tracking Code Tracking Code SELECT CODE 550-44 - Misc. Equip Rental SELECT CODE SELECT CODE SELECT CODE Summary of Charges Standby Quantity SELECT CODE SELECT CODE SELECT CODE SELECT CODE SELECT CODE SELECT CODE SELECT CODE SELECT CODE SELECT CODE Name Same Owner Qtay Water District SELECT CODE 41075 Job Name Paso Robles Tank, Inc. 825 26th St. Paso Robles, CA 93446 Otay Water District Select Equipment Select Equipment Select Equipment Proposed Change Order (PCO) Puddle welding PCO Title/Description Select Equipment Customer Class AREA 2 BOILERMAKER- BLACKSMITH CARBON SHOP PAINTER CAD/DRAFTING Select Equipment Equipment Description Welding Machine 250-450A ENGINEERING SELECT CLASS SELECT CODE SELECT CODE Select Equipment Select Equipment Select Equipment Select Equipment Select Equipment Select Equipment Select Equipment Select Equipment Select Equipment Total Calendar Days Requested: SELECT CODE Tracking Code SELECT CODE SELECT CODE Freight SELECT CODE SELECT CODE SELECT CODE Name 0.00% Material PCO Total: Description Description Labor Subcontractor Overhead (Contract) SELECT CODE SELECT CODE Tracking Code SELECT CODE SELECT CODE $0.00Overhead % SELECT CODE SELECT CODE Select Equipment Select Equipment SELECT CODE Select Equipment Select Equipment SELECT CODE Select Equipment SELECT CODE SELECT CODE SELECT CODE SELECT CODE RESET FORM . ~,<~~,~~'tf:'l'' ·s.:,:~, CSI SERVICES CSI Services, Inc., P.O. Box 801357, Santa Clarita, CA 91380-2316 / INVOICE SUBMITTED TO: DATE OF INVOICE: 05/30/18 V Engineering Department Otay Water District 2554 Sweetwater Springs Boulevard Spring Valley, CA 91978-2004 JOB DESCRIPTION: Project Name: As-Needed Coating Inspection OWD Project Manager: Kevin Cameron CIP No: Various AUTHORIZATION: Purchase Order Number: 720092 ~ Consultant Project Number: 218529 DESCRIPTION OF SERVICES RELATED TO INVOICE: 04/23/2018 to 05/11/2018 Perform Coating Inspection Services. AUTHORIZED AND INVOICED FEE: Original Fee Amount Authorized Change Order No. 1 Amount Authorized Change Order No. 2 Amount Authorized Total Fee Amount Authorized Amount of This Invoice Amount Previously Invoiced Total Amount Invoiced to Date $175,000.00 $ 0.00 $ 0.00 $175,000.00 $ 10,180.25 $ 95,280.75 $ 105 ,461.00 Amount Previously Paid Authorized Fee Amount Remaining Percent Complete $ I-e5;46 t.oo-q ~. z..e>o · 1S""t~~ $ 69,539.00 CONTRACTED DATE OF PROJECT COMPLETION: June 30, 2019 Invoice has been reviewed and found correct. 6/3/18 Chris Sweeney/Project Coordinator Date FOR OWD USE ONLY TOTAL :&0~ f..-4-(~ Date Div Mgr Date 70% Chief Date INVOICE BILL TO CSI Services, Inc. P.O. Box 801357 Santa Clarita, CA 91380-2316 us (877)27 42422 www .csiservices.biz Otay Water District Attn: Accounts Payable 2554 Sweetwater Springs Blvd. Spring Valley, CA 91978-2004 PO/AUTH. 720092 DATE ACTIVITY 04/23/2018 Inspector 04/24/2018 Inspector 04/25/2018 Inspector 04/26/2018 Inspector 04/27/2018 Inspector 04/30/2018 Inspector 05/01/2018 Inspector 05/02/2018 Inspector 05/03/2018 Inspector 05/04/2018 Inspector 05/07/2018 Inspector 05/08/2018 Inspector 05/09/2018 Inspector 05/10/2018 Inspector 05/10/2018 Inspector 05/11/2018 Inspector PROJECT NO 218529 ACTIVITY Coating Inspection Services Coating Inspection Services Coating Inspection Services Coating Inspection Services Coating Inspection Services Coating Inspection Services Coating Inspection Services Coating Inspection Services Coating Inspection Services Coating Inspection Services Coating Inspection Services Coating Inspection Services Coating Inspection Services Coating Inspection Services Coating Inspection Services-OT Coating Inspection Services There will be a 3 percent surcharge for payments made with a credit BALANCE DUE card FederaiiD (EIN}:45-0532361 INVOICE# 8220 DATE 05/30/2018 DUE DATE 06/29/2018 TERMS Net30 PROJECT NAME Reservoir 980-2 QTY RATE 8:00 94.75 8:00 94.75 8:00 94.75 8:00 94.75 8:00 94.75 4:00 94.75 4:00 94.75 4:00 94.75 8:00 94.75 5:00 94.75 8:00 94.75 8:00 94.75 8:00 94.75 8:00 94.75 2:00 115.75 8:00 94.75 AMOUNT 758.00 758.00 758.00 758.00 758.00 379.00 379.00 379.00 758.00 473.75 758.00 758.00 758.00 758.00 231.50 758.00 $10,180.25 ~ ' ~~-..._.t ~ 1,;~" ~·""". " :r CSI SERVICES CSI Services, Inc., P.O. Box 801357, Santa Clarita, CA 91380-2316 V' Z018 JUL -9 AM 9-q I INVOICE SUBMITTED TO: DATE OF INVOICE: 07/06/2018 yi Engineering Department Otay Water District 2554 Sweetwater Springs Boulevard Spring Valley, CA 91978-2004 JOB DESCRIPTION: Project Name: As-Needed Coating Inspection OWD Project Manager: Kevin Cameron CIP No: Various INVOICEN AUTHORIZATION: Purchase Order Number: 720092 ~ Consultant Project Number: 218529 DESCRIPTION OF SERVICES RELATED TO INVOICE: 05/14/18 to 06/29/18 Perform Coating Inspection Services. AUTHORIZED AND INVOICED FEE: Original Fee Amount Authorized Change Order No. 1 Amount Authorized Change Order No. 2 Amount Authorized Total Fee Amount Authorized Amount of This Invoice Amount Previously Invoiced Total Amount Invoiced to Date Amount Previously Paid Authorized Fee Amount Remaining Percent Complete CONTRACTED DATE OF PROJECT COMPLETION: June 30, 2019 Invoice has been reviewed and found correct. 7/6/18 Chris Sweeney/Project Coordinator Date FOR OWD USE ONLY $175,000.00 $ 0.00 $ 0.00 $175,000.00 $ 26,556.13 $105,461.00 $ 132,017.13 $ 105,461.00 $ 42,982.87 75% Amount Project No. Project Account No. ~ 2k, ss-b. !2 l'Z 5Ll(o-O()l\03 -3lOL-S"2.<al Ol [~-332-( ~ Zlo I 5~~ ~ '~ TOTAL -,. ~ ~~ 1\1otl'l Date Div Mgr Date Chief Date INVOICE BILL TO CSI Services, Inc. P.O. Box 801357 Santa Clarita, CA 91380-2316 us (877)27 42422 www .csiservices.biz Otay Water District Attn: Accounts Payable 2554 Sweetwater Springs Blvd. Spring Valley, CA 91978-2004 PO/AUTH. 720092 DATE ACTIVITY 05/14/2018 Inspector 05/15/2018 Inspector 05/16/2018 Inspector 05/17/2018 Inspector 05/18/2018 Inspector 05/18/2018 Inspector 05/21/2018 Inspector 05/22/2018 Inspector 05/22/2018 Inspector 05/23/2018 Inspector 05/24/2018 Inspector 05/24/2018 Inspector 05/25/2018 Inspector 05/29/2018 Inspector 05/30/2018 Inspector 05/31/2018 Inspector 05/31/2018 Inspector 06/01/2018 Inspector 06/04/2018 Inspector 06/05/2018 Inspector 06/06/2018 Inspector 06/07/2018 Inspector 06/08/2018 Inspector 06/11/2018 Inspector 06/12/2018 Inspector 06/13/2018 Inspector 06/14/2018 Inspector PROJECT NO 218529 ACTIVITY Coating Inspection Services Coating Inspection Services Coating Inspection Services Coating Inspection Services Coating Inspection Services Coating Inspection Services-OT Coating Inspection Services Coating Inspection Services Coating Inspection Services Coating Inspection Services Coating Inspection Services Coating Inspection Services-OT Coating Inspection Services Coating Inspection Services Coating Inspection Services Coating Inspection Services Coating Inspection Services-OT Coating Inspection Services Coating Inspection Services Coating Inspection Services Coating Inspection Services Coating Inspection Services Coating Inspection Services Coating Inspection Services Coating Inspection Services Coating Inspection Services Coating Inspection Services FederaiiD (EIN):45-0532361 INVOICE# 8281 DATE 07/06/2018 DUE DATE 08/05/2018 TERMS Net 30 PROJECT NAME (J_ :j Reservoir 980-2 'P2S4b QTY RATE AMOUNT 8:00 94.75 758.00 8:00 94.75 758.00 8:00 94.75 758.00 8:00 94.75 758.00 8:00 94.75 758.00 1:00 115.75 115.75 4:00 94.75 379.00 4:00 94.75 379.00 4:00 94.75 379.00 8:00 94.75 758.00 8:00 94.75 758.00 8:00 94.75 758.00 8:00 94.75 758.00 8:00 94.75 758.00 8:00 94.75 758.00 8:00 94.75 758.00 2:30 115.75 289.38 8:00 94.75 758.00 8:00 94.75 758.00 8:00 94.75 758.00 8:00 94.75 758.00 8:00 94.75 758.00 8:00 94.75 758.00 8:00 94.75 758.00 8:00 94.75 758.00 8:00 94.75 758.00 8:00 94.75 758.00 DATE ACTIVITY ACTIVITY QTY RATE AMOUNT 06/15/2018 Inspector Coating Inspection Services 8:00 94.75 758.00 06/18/2018 Inspector Coating Inspection Services 8:00 94.75 758.00 06/19/2018 Inspector Coating Inspection Services 8:00 94.75 758.00 06/20/2018 Inspector Coating Inspection Services 8:00 94.75 758.00 06/21/2018 Inspector Coating Inspection Services 8:00 94.75 758.00 06/22/2018 Inspector Coating Inspection Services 8:00 94.75 758.00 06/25/2018 Inspector Coating Inspection Services 8:00 94.75 758.00 06/26/2018 Inspector Coating Inspection Services 8:00 94.75 758.00 06/27/2018 Inspector Coating Inspection Services 8:00 94.75 758.00 06/28/2018 Inspector Coating Inspection Services 8:00 94.75 758.00 06/29/2018 Inspector Coating Inspection Services 8:00 94.75 758.00 ............. ····-· ............................................... ... ········ ................ ····*···· ..... ................... .............. There will be a 3 percent surcharge for payments made with a credit BALANCE DUE $26,556.13 card FederaiiD (EIN):45-0532361 -""-,.,.. <' • CSI OTAY WATER DI STRICT RECEIVE D SERVICES CSI Services, Inc., P.O. Box 801357, Santa Clarita, CA 91380-2316 Of8 AUG f 7 AH 9: SS INVOICE SUBMITTED TO: Engineering Department Otay Water District 2554 Sweetwater Springs Boulevard Spring Valley, CA 91978-2004 JOB DESCRIPTION: Project Name: As-Needed Coating Inspection OWD Project Manager: Kevin Cameron CIP No: Various DATE OF INVOICE: 08/12/2018 ~ INVOICEN AUTHORIZATION: Purchase Order Number: 720092 V Consultant Project Number: 218529 DESCRIPTION OF SERVICES RELATED TO INVOICE: 07/02/18 to 08/04/18 Perform Coating Inspection Services. AUTHORIZED AND INVOICED FEE: Original Fee Amount Authorized Change Order No. I Amount Authorized Change Order No. 2 Amount Authorized Total Fee Amount Authorized Amount of This Invoice Amount Previously Invoiced Total Amount Invoiced to Date Amount Previously Paid Authorized Fee Amount Remaining Percent Complete CONTRACTED DATE OF PROJECT COMPLETION: June 30,2019 Invoice has been reviewed and found correct. 8/17/18 Chris Sweeney/Project Coordinator Date FOR OWD USE ONLY $175,000.00 $ 0.00 $ 0.00 $175,000.00 $ 26,580.75 $ 132,017.13 $ 158,543.88 $ 158,543.88 $ 16,456.12 9.5% . Amount Project No. Project Account No. ~J-GJ 5~0~ 7S V2-s-LJ6-DtJ\\0 ~-)\t>L-5Utc> \ l"L-3~l J l-P2bl 5~0~ !S TOTAL .,..~,.-~""'~--- CSI SERVICES INVOICE BILL TO Otay Water District CSI Services, Inc. P .0. Box 801357 Santa Clarita, CA 91380-2316 us (877)2742422 www.csiservices.biz Attn: Accounts Payable 2554 Sweetwater Springs Blvd. Spring Valley, CA 91978-2004 PO/AUTH. PROJECT NO 720092 218529 DATE ACTIVITY ACTIVITY 07/02/2018 Inspector Coating Inspection Services 07/02/2018 Inspector Coating Inspection Services 07/02/2018 Inspector Coating Inspection Services-OT 07/03/2018 Inspector Coating Inspection Services 07/03/2018 Inspector Coating Inspection Services-OT 07/03/2018 Inspector Coating Inspection Services 07/05/2018 Inspector Coating Inspection Services 07/05/2018 Inspector Coating Inspection Services-OT 07/05/2018 Inspector Coating Inspection Services 07/06/2018 Inspector Coating Inspection Services 07/06/2018 Inspector Coating Inspection Services-OT 07/06/2018 Inspector Coating Inspection Services 07/07/2018 Inspector Coating Inspection Services 07/07/2018 Inspector Coating Inspection Services 07/09/2018 Inspector Coating Inspection Services 07/09/2018 Inspector Coating Inspection Services-OT 07/10/2018 Inspector Coating Inspection Services 07/11/2018 Inspector Coating Inspection Services 07/12/2018 Inspector Coating Inspection Services-OT 07/12/2018 Inspector Coating Inspection Services 07/12/2018 Inspector Coating Inspection Services 07/13/2018 Inspector Coating Inspection Services 07/13/2018 Inspector Coating Inspection Services 07/14/2018 Inspector Coating Inspection Services-OT 07/16/2018 Inspector Coating Inspection Services 07/16/2018 Inspector Coating Inspection Services-OT 07/17/2018 Inspector Coating Inspection Services FederaiiD (EIN):45-0532361 INVOICE # 8385R DATE 08/12/2018 DUE DATE 09/11/2018 TERMS Net 30 ----- PROJECT NAME Reservoir 980-2 QTY RATE AMOUNT 8:00 94.75 758.00 8:00 94.75 758.00 1:00 115.75 115.75 8:00 94.75 758.00 1:00 115.75 115.75 8:00 94.75 758.00 8:00 94.75 758.00 1:00 115.75 115.75 8:00 94.75 758.00 8:00 94.75 758.00 1:00 115.75 115.75 8:00 94.75 758.00 8:00 94.75 758.00 8:00 94.75 758.00 8:00 94.75 758.00 1:00 115.75 115.75 8:00 94.75 758.00 8:00 94.75 758.00 2:00 115.75 231.50 8:00 94.75 758.00 8:00 94.75 758.00 8:00 94.75 758.00 8:00 94.75 758.00 8:00 115.75 926.00 8:00 94.75 758.00 2:00 115.75 231.50 8:00 94.75 758.00 DATE ACTIVITY ACTIVITY QTY RATE AMOUNT 07/17/2018 Inspector Coating Inspection Services-Or 4:00 115.75 463.00 07/18/2018 Inspector Coating Inspection Services 7:00 94.75 663.25 07/24/2018 Inspector Coating Inspection Services 8:00 94.75 758.00 07/25/2018 Inspector Coating Inspection Services-or 1:00 115.75 115.75 07/25/2018 Inspector Coating Inspection Services 8:00 94.75 758.00 07/26/2018 Inspector Coating Inspection Services 8:00 94.75 758.00 07/27/2018 Inspector Coating Inspection Services 8:00 94.75 758.00 07/28/2018 Inspector Coating Inspection Services 8:00 94.75 758.00 07/30/2018 Inspector Coating Inspection Services 8:00 94.75 758.00 07/30/2018 Inspector Coating Inspection Services-or 1:00 115.75 115.75 07/31/2018 Inspector Coating Inspection Services 8:00 94.75 758.00 08/01/2018 Inspector Coating Inspection Services 8:00 94.75 758.00 08/02/2018 Inspector Coating Inspection Services 8:00 94.75 758.00 08/02/2018 Inspector Coating Inspection Services-Or 3:00 115.75 347.25 08/03/2018 Inspector Coating Inspection Services 8:00 94.75 758.00 08/04/2018 Inspector Coating Inspection Services-or 8:00 115.75 926.00 There will be a 3 percent surcharge for payments made with a credit BALANCE DUE $26,580.75 card Federal tO (EIN):45-0532361 CSI oT · y \·,;"'· EH li ~ lRICT SERVICES RE r.FI\l EO CSI Services, Inc., P.O. Box 801357, Santa Clarita, CA 91380-2316 V l]_.. 2018 SEP J4f-PM Q: 56 INVOICE SUBMITTED TO: DATE OF INVOICE: 09/13/2018 v"' Engineering Department Otay Water District 2554 Sweetwater Springs Boulevard Spring Valley, CA 91978-2004 JOB DESCRIPTION: INVOICE NOS AUTHORIZATION: Project Name: As-Needed Coating Inspection OWD Project Manager: Kevin Cameron Purchase Order Number: 720092 / Consultant Project Number: 218529 CIP No: Various DESCRIPTION OF SERVICES RELATED TO INVOICE: 08/06/18 to 08/31/18 Perform Coating Inspection Services. AUTHORIZED AND INVOICED FEE: Original Fee Amount Authorized Change Order No. 1 Amount Authorized Change Order No. 2 Amount Authorized Total Fee Amount Authorized Amount of This Invoice Amount Previously Invoiced Total Amount Invoiced to Date Amount Previously Paid Authorized Fee Amount Remaining Percent Complete CONTRACTED DATE OF PROJECT COMPLETION: June 30, 2019 Invoice has been reviewed and found correct. 9/17/18 Chris Sweeney/Project Coordinator Date FOR OWD USE ONLY $175,000.00 $ 0.00 $ 0.00 $175,000.00 $ 15,882.75 j $ 158,579.88 $ 174,426.63 $ 158,579.88 $ :519.37 99% Pro·ect Account No. -()Q/103 -3/02--SZ/ulol /2---332-/ t -lo-~ Date ~ ~ «,\ Lo\lf' Chief Date -; .... .,.,-.: ~'"'., CSI SERVICES INVOICE BILL TO Otay Water District CSI Services, Inc. P.O. Box 801357 Santa Clarita, CA 91380-2316 us (877)27 42422 www .csiservices.biz Attn: Accounts Payable 2554 Sweetwater Springs Blvd. Spring Valley, CA 91978-2004 PO/AUTH. PROJECT NO 720092 218529 DATE ACTIVITY ACTIVITY 08/06/2018 Inspector Coating Inspection Services 08/06/2018 Inspector Coating Inspection Services-OT 08/07/2018 Inspector Coating Inspection Services-OT 08/07/2018 Inspector Coating Inspection Services 08/08/2018 Inspector Coating Inspection Services 08/09/2018 Inspector Coating Inspection Services 08/09/2018 Inspector Coating Inspection Services-OT 08/10/2018 Inspector Coating Inspection Services 08/13/2018 Inspector Coating Inspection Services 08/14/2018 Inspector Coating Inspection Services 08/14/2018 Inspector Coating Inspection Services-OT 08/15/2018 Inspector Coating Inspection Services 08/15/2018 Inspector Coating Inspection Services-OT 08/16/2018 Inspector Coating Inspection Services 08/17/2018 Inspector Coating Inspection Services 08/17/2018 Inspector Coating Inspection Services-OT 08/20/2018 Inspector Coating Inspection Services 08/21/2018 Inspector Coating Inspection Services 08/22/2018 Inspector Coating Inspection Services 08/23/2018 Inspector Coating Inspection Services 08/24/2018 Inspector Coating Inspection Services 08/27/2018 Inspector Coating Inspection Services 08/28/2018 Inspector Coating Inspection Services 08/29/2018 Inspector Coating Inspection Services 08/30/2018 Inspector Coating Inspection Services 08/30/2018 Inspector Coating Inspection Services-OT 08/31/2018 Inspector Coating Inspection Services FederaiiD (EIN):45-0532361 INVOICE# 8442 DATE 09/13/2018 DUE DATE 10/13/2018 TERMS Net 30 PROJECT NAME Reservoir 980-2 QTY RATE AMOUNT 8:00 94.75 758.00 2:00 115.75 231.50 1:00 115.75 115.75 8:00 94.75 758.00 8:00 94.75 758.00 8:00 94.75 758.00 2:00 115.75 231.50 8:00 94.75 758.00 8:00 94.75 758.00 8:00 94.75 758.00 1:00 115.75 115.75 8:00 94.75 758.00 1:00 115.75 115.75 8:00 94.75 758.00 8:00 94.75 758.00 1:00 115.75 115.75 8:00 94.75 758.00 8:00 94.75 758.00 8:00 94.75 758.00 8:00 94.75 758.00 8:00 94.75 758.00 4:00 94.75 379.00 8:00 94.75 758.00 8:00 94.75 758.00 8:00 94.75 758.00 1:00 115.75 115.75 8:00 94.75 758.00 There will be a 3 percent surcharge for payments made with a credit card BALANCE DUE FederaiiD (EIN):45-0532361 $15,822.75 ~ ~~ ~ ~ ~ ~ . CSI OlAY t1·~1 Eh Ld ~ I RICT R E~FIV ED SERVICES l CSI Services, Inc., P.O. Box 801357, Santa Clarita, CA 91380-2316 V"'znt8 SEP PM 2: 22 INVOICE SUBMITTED TO: Engineering Department Otay Water District 2554 Sweetwater Springs Boulevard Spring Valley, CA 91978-2004 JOB DESCRIPTION: Project Name: As-Needed Coating Inspection OWD Project Manager: Kevin Cameron CIP No: Various DATE OF INVOICE: 09/19/2018 / INVOICE NOEV AUTHORIZATION: Purchase Order Number: 720579 / Consultant Project Number: 218529 DESCRIPTION OF SERVICES RELATED TO INVOICE: 09/04/18 to 09/12/18 Perform Coating Inspection Services. AUTHORIZED AND INVOICED FEE: Original Fee Amount Authorized Change Order No. 1 Amount Authorized Change Order No. 2 Amount Authorized Total Fee Amount Authorized Amount of This Invoice Amount Previously Invoiced Total Amount Invoiced to Date Amount Previously Paid Authorized Fee Amount Remaining Percent Complete CONTRACTED DATE OF PROJECT COMPLETION: June 30, 2019 Invoice has been reviewed and found correct. 9/19/18 Chris Sweeney/Project Coordinator Date FOR OWD USE ONLY $175,000.00 $ 0.00 $ 0.00 $175,000.00 $ 4,089.50 $ 0.00 $ 4,089.50 $ 0.00 $170,910.50 0.01% Pro'ect Account No. f>Q l 0!-'l'b-'~ ~'j~ lo\1\\lg Div Mgr Date Chief Date O'L l:fSf"' tf}t~l I~ INVOICE BILL TO CSI Services, Inc. P.O. Box 801357 Santa Clarita, CA 91380-2316 us (877)27 42422 www.csiservices.biz Otay Water District Attn: Accounts Payable 2554 Sweetwater Springs Blvd. Spring Valley, CA 91978-2004 PO/AUTH. 720579 DATE ACTIVITY 09/04/2018 Inspector 09/05/2018 Inspector 09/05/2018 Inspector 09/06/2018 Inspector 09/06/2018 Inspector 09/07/2018 Inspector 09/12/2018 Inspector ····-····---. PROJECT NO 218529 ACTIVITY Coating Inspection Services Coating Inspection Services Coating Inspection Services-OT Coating Inspection Services Coating Inspection Services-OT Coating Inspection Services Coating Inspection Services . ... --· --· ·- INVOICE # 8464REV DATE 09/19/2018 DUE DATE 10/19/2018 TERMS Net 30 PROJECT NAME Reservoir 980-2 QTY RATE 8:00 96.45 8:00 96.45 1:00 115.75 8:00 96.45 1:00 115.75 8:00 96.45 8:00 96.45 -...... --.. ··-·. -...... --.. AMOUNT 771.60 771.60 115.75 771.60 115.75 771.60 771.60 --..... - There will be a 3 percent surcharge for payments made with a credit BALANCE DUE $4,089.50 card FederaiiD (EIN):45-0532361 STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: January 2, 2019 SUBMITTED BY: Stephen Beppler Senior Civil Engineer PROJECT: S1502- 001000 DIV. NO. All APPROVED BY: Bob Kennedy, Engineering Manager Dan Martin, Assistant Chief, Engineering Rod Posada, Chief, Engineering Mark Watton, General Manager SUBJECT: Adopt Resolution No. 4356 to Approve the Amended and Restated Regional Wastewater Disposal Agreement Between the City of San Diego and the Participating Agencies in the Metropolitan Sewerage System GENERAL MANAGER’S RECOMMENDATION: That the Otay Water District (District) Board of Directors (Board) adopt Resolution No. 4356 (Attachment B) to approve the Amended and Restated Regional Wastewater Disposal Agreement between the City of San Diego (City) and the Participating Agencies (PA) in the Metropolitan Sewerage System (Metro) (Agreement) and authorize the General Manager to execute the Agreement. The updated Agreement (Exhibit A) incorporates the Pure Water San Diego (Pure Water) program, which is a long-range regional water reuse plan with the goal of realizing a secondary equivalent Point Loma Wastewater Treatment Plant (PLWTP) and a new local sustainable water supply. COMMITTEE ACTION: Please see Attachment A. PURPOSE: In order to comprehensively and equitably address the costs and revenues associated with the Pure Water project and the related 2 construction, expansion, and modification of the Metro wastewater facilities, the City and the PAs wish to amend and restate the Agreement. ANALYSIS: Background The Metropolitan Wastewater Joint Powers Authority (JPA) is a coalition of municipalities and special districts in the southern and central portions of San Diego County that share in the use of the City's regional wastewater collection and treatment facilities. The District is one of twelve (12) PAs in the JPA party to the agreement with the City for wastewater treatment. Other JPA member agencies include the cities of Chula Vista, Coronado, Del Mar, El Cajon, Imperial Beach, La Mesa, National City, Poway, the County of San Diego Sanitation District, the Lemon Grove Sanitation District, and Padre Dam Municipal Water District. The District contributes roughly 0.5% of the wastewater flow to the Metro system while the JPA represents approximately 35% of the Metro flow. The City’s sewage system dates back to 1885, but a formal agreement between the PAs was not established until 1998 under a Regional Wastewater Disposal Agreement. The Metropolitan Wastewater Commission (Metro Commission) was formed at that time pursuant to the terms of the Agreement between the PAs and the City. In 2001, the JPA was formed to provide the PAs with a stronger voice in the operations of the Metro System. PLWTP operates under a National Pollution Discharge Elimination System (NPDES) permit modified under section 301(h) & (j)(5) of the Clean Water Act, which allows for the facility to operate as an advanced primary treatment plant under a waiver that must be renewed every 5 years. The loss of that waiver would require PLWTP to upgrade to secondary treatment. For the permit renewal in 2015, the Pure Water program strategy allows for the attainment of treatment within the Metro system that could allow PLWTP to be permitted as equivalent to secondary treatment. This involves diverting 83 MGD of sewage for water purification to potable water quality while allowing the PLWTP to continue its current operating process. The first phase of the Pure Water project to be constructed at the North City Water Reclamation Plant is expected to produce 30 MGD of indirect potable reuse water to be conveyed to Miramar reservoir. To continue to operate the PLWTP at the advanced primary treatment level, the City is seeking passage of federal legislation, with support from the environmental community. The proposal, called Ocean 3 Pollution Reduction Act II (OPRA II), will allow the City’s NPDES permit to be based on secondary equivalency with a commitment to implement potable reuse of wastewater. Until permanent federal legislation is adopted to recognize secondary equivalence, there is uncertainty about the total financial cost strategy for wastewater associated with the Pure Water project. Amended and Restated Regional Wastewater Agreement The proposed changes to the existing 1998 Regional Wastewater Disposal Agreement primarily consist of the following: 1. Define the Pure Water program and secondary equivalency for PLWTP; 2. Change methodology for repayment of future capital investment projects, where costs for Pure Water are based upon flow and strength commitments for planning year 2050 as listed in Exhibit G of the Agreement; 3. Set cost allocations between water and wastewater facilities reflective of wastewater operation requirements for secondary discharge for ocean disposal; 4. Establish alternative capacity rights reflecting secondary equivalency implementation, which reduces the wastewater infrastructure construction for Pure Water to reflect the flow projections for planning year 2050; 5. Provide a maximum cap on financial exposure to wastewater customers from the Pure Water program based upon the cost of converting PLWTP to secondary treatment, determined to be $1.8 billion in November 2018 dollars for a capacity of 180 MGD; 6. Establish criteria for requiring agencies to obtain additional treatment capacity should their flow and/or strength exceed their contracted limits and setting penalties if they fail to do so upon notification; and 7. Provide sharing of potential future water revenues when Pure Water potable supply costs become less expensive than other supply sources. The District’s flow and strength commitments identified in Exhibit G of the Agreement are based upon the assumption that the Ralph W. Chapman Water Reclamation Facility (RWCWRF) will be operational through 2050. Should the District decide to cease treating flow at RWCWRF, additional Pure Water flow and strength capacity would need to be obtained following the procedures established in the Agreement. Underpayments to the date of revising the capacities would need to be paid within 4 years on a quarterly basis. 4 District staff reviewed each of the developmental drafts of the Agreement and provided numerous comments that are viewed as providing safeguards for the District. Among these are providing adequate durations before additional flow or strength capacity commitments are triggered by exceeding the established Pure Water limits set in Exhibit G of the Agreement. Initial drafts had set this at 3 months, with subsequent negotiations extending this to 3 years of continuous exceedance levels at 10 percent above the commitment level. With the District’s operation of RWCWRF currently being considered in the District’s planning year 2050 capacity rights, it was important that short-term shutdowns of the plant not result in the need to obtain additional capacity rights. If the District were to trigger the need for increasing contract capacity and not do so, the Agreement provides for the City to assess damages at $1 for each gallon of flow in excess of the contract capacity during each quarter year of occurrence until the new capacity is obtained. Pure Water Phase I cost projection dated October 2018 estimated the total cost to Water and Wastewater at $1.44 billion. Metro Wastewater allocation is currently projected at thirty-nine percent (39%) of the overall estimated cost and City Water allocation is sixty-one percent (61%). At this distribution of costs, Phase I is projected at $562 million or about 31% of the Wastewater portion of the Pure Water commitment. Based upon Exhibit G of the Agreement, the District’s portion of the Phase I costs is currently projected at $2.57 million, with a total Pure Water cost estimated at $8.23 million in 2018 dollars. The entire Pure Water program costs for all phases to meet the program goal of producing 83 MGD of potable reuse water was estimated to cost $2.5 to $3 billion dollars in 2014 when the Cooperative Agreement between the City of San Diego and San Diego Coastkeeper, Surfrider Foundation San Diego Chapter, Coastal Environmental Rights Foundation, and the San Diego Audubon Society was approved to support the PLWTP’s NPDES Permit. FISCAL IMPACT: Joe Beachem, Chief Financial Officer Pure Water Phase I is projected to cost the District’s sewer customers $2.57 million. The City is expected to obtain financing for a large portion of the capital cost, so the impact will be amortized over a period of 20 to 30 years depending on the types of financing. There have been several changes to the terms of the agreement since the City last provided a cost allocation estimate around June of 2018. Based on the last cost allocation estimate, Phase I is expected to increase the annual Metro fees by an average of $250,000 between FY 2019 and FY 2024, which equates to a rate 5 impact of approximately of 9.0% over the same period. The FY 2018 and FY 2019 rate models were prepared including these additional costs in the projected rates and rate increases. Phase I is expected to be operational in 2023. Pure Water Phase II planning costs are expected to begin being incurred within the next 5 years and the associated capital costs are expected to begin being incurred in 2030, with Phase II being operational in 2035. The final methodology for Phase II cost allocation has not been determined and the City has not provided final cost estimates, cost allocation figures, or a cost allocation methodology for Phase II; however, using the same allocation methods used to determine the impact of Phase I and based on a cap of $1.8 billion, Phase II will cost the District an additional $5.66 million. Based on the annual cost impact of Phase I, Phase II would equate to an annual additional expense of $550,000 per year, which would have a rate impact of approximately 20.0%. The majority of this rate increase would be anticipated to be incorporated into the rates as the 2030 construction timeframe approaches and may impact rates up to and beyond the 2035. STRATEGIC GOAL: This Resolution supports the District’s Mission statement, “To provide exceptional water and wastewater service to its customers, and to manage District resources in a transparent and fiscally responsive manner” and the District’s Vision, “To be a model water agency by providing stellar service, achieving measurable results, and continuously improving operational practices.” LEGAL IMPACT: Unknown at this time. SB/BK:jf P:\WORKING\CIP S1502 - City of San Diego Metro Water Issues\Staff Reports\Bd 01-02-19, Staff Report Metro JPA Restated and Amended Agreement\BD 01-02-19 Staff Report Metro JPA-Restated and Amended Wastewater Agreement.docx Attachments: Attachment A – Committee Action Attachment B – Resolution No. 4356 Exhibit A – Draft Amended and Restated Regional Wastewater Agreement ATTACHMENT A SUBJECT/PROJECT: S1502-001000 Adopt Resolution No. 4356 to Approve the Amended and Restated Regional Wastewater Disposal Agreement Between the City of San Diego and the Participating Agencies in the Metropolitan Sewerage System COMMITTEE ACTION: The Engineering, Operations, and Water Resources Committee (Committee) reviewed this item at a meeting held on December 4, 2018. The Committee supported Staff’s recommendation. NOTE: The “Committee Action” is written in anticipation of the Committee moving the item forward for Board approval. This report will be sent to the Board as a Committee approved item, or modified to reflect any discussion or changes as directed from the Committee prior to presentation to the full Board. ATTACHMENT B RESOLUTION NO. 4356 RESOLUTION OF THE OTAY WATER DISTRICT APPROVING THE AMENDED AND RESTATED REGIONAL WASTEWATER DISPOSAL AGREEMENT WITH THE CITY OF SAN DIEGO AND AUTHORIZING THE GENERAL MANAGER TO EXECUTE THE AGREEMENT WHEREAS, the Otay Water District (District) is one of 12 participating agencies of the Metropolitan Sewerage System (Metro System) which is owned and operated by the City of San Diego (City); and WHEREAS, the City and the participating agencies entered into that certain Regional Wastewater Disposal Agreement dated May 18, 1998 (the “1998 Agreement”), which provided, among other things, for certain contract rights to capacity in the Metropolitan System, a system of wastewater conveyance, treatment, and disposal facilities, and the establishment of a mechanism to fund the planning, design, construction, operation, and maintenance of the Metro System by the City and the participating agencies. WHEREAS, the District adopted Resolution No. 4243 on October 1, 2014, which supported the Point Loma Wastewater Treatment Plant (PLWTP) National Pollutant Discharge Elimination System (NPDES) permit, and included a goal for Pure Water San Diego (Pure Water) to achieve the standards outlined in the permit by reducing solids discharged from PLWTP to a level equivalent to that of converting the PLWTP to secondary treatment while generating a potable water source; and WHEREAS, the 1998 Agreement does not adequately address the complexities associated with implementation of the Pure Water program, including new facilities, allocation and financing of costs, potential revenue distribution, and capacity rights; and WHEREAS, the City and the participating agencies have been working since 2014 on deal points for the Pure Water program which have been incorporated into an Amended and Restated Regional Wastewater Disposal Agreement (Agreement); and WHEREAS, the Agreement, among other things, sets a capital improvements spending cap for the participating agencies based upon the cost of converting PLWTP to secondary treatment; and Y:\Board\CurBdPkg\ENGRPLAN\2019\BD 01-02-2019\Wastewater Agreement btwn the City of SD and OWD (SteveB)\Attachment B - Resolution - Amended and Restated Wastewater Disposal Agreement.doc WHEREAS, the City of San Diego City Council on November 15, 2018 authorized the Mayor or his designee to execute the Agreement with the participating agencies. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Otay Water District that the above stated recitals are incorporated herein by reference; IT IS RESOLVED FURTHER that the Board of Directors of the Otay Water District approves the terms and provisions of the Amended and Restated Regional Wastewater Disposal Agreement; and IT IS RESOLVED FURTHER that the Board of Directors of the Otay Water District hereby authorizes the General Manager to execute the Amended and Restated Regional Wastewater Disposal Agreement on behalf of the District. PASSED AND ADOPTED at a regular meeting of the Board of Directors of the Otay Water District on the 2nd day of January, 2019: AYES: NOES: ABSENT: ABSTAIN: __________________________ President ATTEST: _____________________________ District Secretary 60409.00001\30914102.16 AMENDED AND RESTATED REGIONAL WASTEWATER DISPOSAL AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND THE PARTICIPATING AGENCIES IN THE METROPOLITAN SEWERAGE SYSTEM 60409.00001\30914102.16 -i- AMENDED AND RESTATED REGIONAL WASTEWATER DISPOSAL AGREEMENT TABLE OF CONTENTS Page I. DEFINITIONS ................................................................................................................... 2 II. OWNERSHIP AND OPERATION OF THE METRO SYSTEM .................................... 6 III. PAYMENT AND MONITORING PROVISIONS ......................................................... 12 IV. CAPACITY RIGHTS ...................................................................................................... 15 V. SYSTEM OF CHARGES ................................................................................................ 17 VI. PLANNING ..................................................................................................................... 21 VII. FACILITIES SOLELY FOR NEW CONTRACT CAPACITY ..................................... 22 VIII. THE METRO COMMISSION ........................................................................................ 24 IX. DISPUTE RESOLUTION ............................................................................................... 25 X. INSURANCE AND INDEMNITY ................................................................................. 26 XI. INTERRUPTION OF SERVICE ..................................................................................... 27 XII. NOTICES REQUIRED UNDER AGREEMENT ........................................................... 27 XIII. EFFECTIVE DATE AND TERMINATION .................................................................. 27 XIV. GENERAL ....................................................................................................................... 28 Exhibits A. Metro Facilities B. Contract Capacities C. Administrative Protocol on Allocation of Operating Reserves and Debt Service Coverage to Participating Agencies D. Notice Listing E. Reclaimed Water Distribution System F. Pure Water Cost Allocation and Revenues G. Pure Water Capital Billing Table 60409.00001\30914102.16 -1- AMENDED AND RESTATED REGIONAL WASTEWATER DISPOSAL AGREEMENT THIS AMENDED AND RESTATED REGIONAL WASTEWATER DISPOSAL AGREEMENT is made and entered into this _____ day of _________________, 20___, by and between the CITY OF SAN DIEGO, a municipal corporation (“the City”); and the CITY OF CHULA VISTA, a municipal corporation; the CITY OF CORONADO, a municipal corporation; the CITY OF DEL MAR, a municipal corporation; the CITY OF EL CAJON, a municipal corporation; the CITY OF IMPERIAL BEACH, a municipal corporation; the CITY OF LA MESA, a municipal corporation; the LEMON GROVE SANITATION DISTRICT, a political subdivision of the State of California; the CITY OF NATIONAL CITY, a municipal corporation; the CITY OF POWAY, a municipal corporation; the OTAY WATER DISTRICT, a political subdivision of the State of California; the PADRE DAM MUNICIPAL WATER DISTRICT, a political subdivision of the State of California; and the SAN DIEGO COUNTY SANITATION DISTRICT, a political subdivision of the State of California (the “Participating Agencies”). The City and the Participating Agencies may be referred to herein individually as a “Party,” and collectively as the “Parties.” RECITALS WHEREAS, the City and the Participating Agencies (or their predecessors in interest) entered into that certain Regional Wastewater Disposal Agreement dated May 18, 1998 (the “1998 Agreement”), which provided, among other things, for certain contract rights to capacity in the Metropolitan Sewerage System, a system of wastewater conveyance, treatment, and disposal facilities (“Metro System”) and the establishment of a mechanism to fund the planning, design, construction, operation, and maintenance of the Metro System by the City and the Participating Agencies; and WHEREAS, the purposes of the 1998 Agreement were: (1) to replace the prior-existing sewage disposal agreements between the City and the Participating Agencies; (2) to provide certain contract rights to capacity in the Metro System to the Participating Agencies; (3) to establish a mechanism to fund the planning, design, construction, operation and maintenance of the Metro System by the City and the Participating Agencies as necessary to provide hydraulic capacity, and to comply with applicable law and with generally accepted engineering practices; and (4) to establish a system of charges which allocates the costs of the planning, design and construction of such new wastewater conveyance, treatment and disposal facilities as are necessary solely to provide for new capacity on a fair and equitable basis; and WHEREAS, on April 29, 2014 the San Diego City Council gave its approval and support for the Pure Water San Diego program by adoption of Resolution No. R-308906. The Resolution approved and supported the City’s efforts to develop an implementation strategy to offload wastewater flow from the Point Loma Wastewater Treatment Plant through implementation of potable reuse, resulting in effluent discharged to the Pacific Ocean being equivalent to what would be achieved by upgrading the Point Loma Wastewater Treatment Plant to a secondary treatment plant (secondary equivalency); and WHEREAS, the City is implementing a phased, multi-year program designed to regionally produce at least 83 million gallons per day of safe, reliable potable water using new, -2- 60409.00001\30914102.16 expanded, or modified facilities, some of which will include Metro System facilities, in order to achieve secondary equivalency at the Point Loma Wastewater Treatment Plant; and WHEREAS, the Pure Water Program will not only benefit the City by producing repurified water, but also the Participating Agencies and their wastewater customers, especially if secondary equivalency is recognized through federal legislation amending the Clean Water Act. Specifically, implementation of the Pure Water Program will reduce wastewater discharges to the Point Loma Wastewater Treatment Plant, part of the Metro System where a large portion of the Participating Agencies’ wastewater is currently treated and disposed by discharging it into the Pacific Ocean. By diverting wastewater from the Point Loma Wastewater Treatment Plant and reducing the effluent discharged into the Pacific Ocean, the City and the Participating Agencies will potentially avoid billions of dollars in unnecessary capital, financing, energy, and operating costs to upgrade the Point Loma plant to secondary treatment at full capacity. Avoiding such costs would result in significant savings for regional wastewater customers; and WHEREAS, the Padre Dam Municipal Water District, the San Diego County Sanitation District, and the City of El Cajon have proposed a program to produce up to 12 million gallons per day of safe, reliable potable water for East San Diego County using wastewater that would otherwise be disposed of in the Metro System (“East County AWP Program”). By offloading wastewater and wastewater contents from the Point Loma Wastewater Treatment Plant, the East County AWP Program would, if implemented, help the City’s and region’s efforts to achieve long-term compliance with the Clean Water Act by producing a regional annual average of at least 83 million gallons per day of water suitable for potable reuse by December 31, 2035, as described in the Cooperative Agreement in Support of Pure Water San Diego entered into by the City and certain environmental stakeholders on December 9, 2014; and WHEREAS, Section XIV, subsection B, of the 1998 Agreement provided that the Parties may amend the Agreement by a written agreement between the City and all Participating Agencies stating the Parties’ intent to amend the Agreement; and WHEREAS, in order to comprehensively and equitably address the costs and revenues associated with the Pure Water Program and the related construction, expansion, and/or modification of Metro System facilities, the City and Participating Agencies wish to amend and restate the Regional Wastewater Disposal Agreement as provided herein. THEREFORE, in consideration of the mutual promises set forth herein, the City and the Participating Agencies agree as follows: I.DEFINITIONS A.Annual Average Daily Flow is the number, in millions of gallons of wastewater per day (“MGD”), calculated by dividing total Flow on a fiscal year basis by 365 days. B.Brine is a waste byproduct of the demineralization process at an upstream Water Repurification System facility or a Reclaimed Water facility. C.Capital Expense Rate is the cost per acre foot that will apply if the Metro -3- 60409.00001\30914102.16 System’s Capital Improvement Costs for the Pure Water Program and/or upgrading of the Point Loma WTP to secondary treatment exceed $1.8 billion, as further described in Exhibit F. D.Capital Improvement Costs are costs associated with the planning, design, financing, construction, or reconstruction of facilities. E.Chemical Oxygen Demand or “COD” means the measure of the chemically decomposable material in wastewater, as determined by the procedures specified in the most current edition of “Standard Methods for the Examination for Water and Wastewater,” or any successor publication which establishes the industry standard. F.City Water Utility PW Costs are those Pure Water Program costs allocated to the City’s water utility and therefore excluded as Metro System costs under Exhibit F. G.Contract Capacity is the contractual right possessed by each Participating Agency to discharge wastewater into the Metro System pursuant to this Agreement up to the limit set forth in Exhibit B attached hereto. Contract Capacity is stated in terms of Annual Average Daily Flow. H.Flow is the amount of wastewater discharged by the City and each Participating Agency. I.Functional-Design Methodology shall mean the process of allocating Operation and Maintenance Costs and Capital Improvement Costs to Flow and Strength parameters recognizing the benefits of both the design criteria and the primary function of a unit process. J.Metro Commission is the advisory body created under Section VIII. K.Metro System Costs are those costs set forth in Section 5.2.1. L.Metro System Revenues are those revenues set forth in Section 5.2.2. M.Metropolitan Sewerage System or Metro System shall mean and consist of those facilities and contract rights to facilities which are shown and/or described in Exhibit A attached hereto and incorporated by this reference, including any amendments thereto authorized by this Agreement. N.Municipal System shall mean the City’s wastewater collection system, which consists of pipelines and pump stations, that collects wastewater within the City of San Diego and conveys it to the Metropolitan Sewerage System for treatment and disposal. O.New Capacity is the capacity to discharge wastewater outside the Metro System, above the Contract Capacity set forth in Exhibit B attached hereto. -4- 60409.00001\30914102.16 P.New Contract Capacity is the capacity to discharge wastewater into the Metro System, above the Contract Capacity set forth in Exhibit B attached hereto. Q.North City Water Reclamation Plant or North City WRP is the 30 million gallons per day (as of the date of this Agreement) wastewater treatment facility located at 4949 Eastgate Mall in San Diego, which includes four major processes: primary treatment, secondary treatment, tertiary treatment, and disinfection. R.Operation and Maintenance Costs are the costs of those items and activities required by sound engineering and management practices to keep the conveyance, disposal, treatment, and reuse facilities functioning in accordance with all applicable laws, rules, and regulations. S.Point Loma Wastewater Treatment Plant or Point Loma WTP is the 240 million gallons per day (as of the date of this Agreement) advanced primary treatment plant which includes four major processes: screening, grit removal, sedimentation, and digestion. T.Projected 2050 Strength and Flow Amounts are the three (3) values described below: 1.Projected COD 2050 Flows is the estimated amount of Chemical Oxygen Demand (COD), stated in pounds per day, that the City and each Participating Agency are projected to have in the 2050 fiscal year. Projected COD 2050 Flows for each Party are stated in Column 7 of Exhibit G. 2.Projected Metro Flow 2050 is the estimated amount of Annual Average Daily Flow, stated in millions of gallons per day (MGD), that the City and each Participating Agency are projected to have in the 2050 fiscal year. Projected Metro Flow 2050 for each Party is stated in Column 4 of Exhibit G. 3.Projected SS 2050 Flows is the estimated amount of Suspended Solids (SS) stated in pounds per day, that the City and each Participating Agency are projected to have in the 2050 fiscal year. Projected SS 2050 Flows for each Party are stated in Column 10 of Exhibit G. U.Pure Water Capital Melded Percentage or Melded Percentage is the proportionate share, stated in Column 12 of Exhibit G, by which Pure Water Program Capital Improvement Costs, Repurified Water Revenue, and the Capital Expense Rate will be allocated among the City and the Participating Agencies. The Pure Water Capital Melded Percentage is based on each Party’s proportionate share of Projected Metro Flow 2050, Projected SS 2050 Flows, and Projected COD 2050 Flows, which proportions are weighted as described in Footnote 3 of Exhibit G. V.Pure Water Program is the City’s phased, multi-year program designed to -5- 60409.00001\30914102.16 produce at least 83 million gallons per day of Repurified Water using new, expanded, or modified facilities, some of which will include Metro System facilities. W.Reclaimed Water (or Recycled Water) shall have the definition set forth in Title 22, Division 4 of the California Code of Regulations and shall mean water which, as a result of treatment of wastewater, is suitable for a direct beneficial use or a controlled use that otherwise could not occur. X.Reclaimed Water (or Recycled Water) Distribution System shall mean and consist of those eight (8) reclaimed water projects listed in Attachment B of the Stipulated Final Order for Injunctive Relief approved by the U.S. District Court on June 6, 1997 in U.S.A. v. City of San Diego, Case No. 88-1101-B, and attached hereto as Exhibit E. Y.Repurified Water shall mean water which, as a result of advanced treatment of Reclaimed Water, is suitable for use as a source of domestic (or potable) water supply. Z.Repurified Water Revenue is the cost savings that will be realized when the City water utility’s annual costs per-acre foot for Repurified Water are less than the purchase costs per-acre foot for comparable water from the San Diego County Water Authority, as further described in Exhibit F. AA.Return Flow shall mean the effluent created by the dewatering of digested biosolids, which includes centrate. BB.Reuse shall mean to use again, such as water which has been reclaimed or repurified, or sludge that has been converted to biosolids for beneficial use. CC.South Bay Land/Ocean Outfall is the facility that is jointly owned by the International Boundary & Water Commission (U.S. Section IBWC) and the City of San Diego. The Outfall is planned to convey and discharge treated effluent from the IBWC’s International Wastewater Treatment Plant and treated effluent from the City’s South Bay Water Reclamation Plant and the South Bay Secondary Treatment Plant. As of the date of this Agreement, the Outfall has a current Average Daily Flow Capacity of 174 million gallons per day. As of the date of this Agreement, the City owns 39.94% of the capacity of the Outfall and the balance of the capacity is owned by the IBWC. DD.South Bay Water Reclamation Plant is the 15 million gallons per day (as of the date of this Agreement) wastewater treatment facility located at 2411 Dairy Mart Road in San Diego, which includes four major processes: primary treatment, secondary treatment, tertiary treatment, and disinfection. EE.Strength means the measurement of Suspended Solids (SS) and Chemical Oxygen Demand (COD) within the wastewater Flow and any other measurement required by law after the date of this Agreement. -6- 60409.00001\30914102.16 FF.Suspended Solids or SS means the insoluble solid matter in wastewater that is separable by laboratory filtration, as determined by the procedures specified in the most current edition of “Standard Methods for the Examination of Water and Wastewater,” or any successor publication which establishes the industry standard. GG.Tertiary Component is that portion of the wastewater treatment process that currently filters the secondary treated wastewater effluent through fine sand and/or anthracite coal to remove fine Suspended Solids and disinfects it to meet the requirements of the California Administrative Code, Title 22, or its successor for filtered and disinfected wastewater. HH.Water Repurification System shall mean any facilities, including treatment and conveyance facilities, the purpose of which is the production or conveyance of Repurified Water. Water Repurification System includes, but is not limited to: the Tertiary Component of the North City Water Reclamation Plant to the extent being used to produce Repurified Water, the North City Pure Water Facility to be located across the street from the North City Water Reclamation Plant (“North City Pure Water Facility”); the Repurified Water conveyance system, which will transport Repurified Water from the North City Pure Water Facility and/or other facilities to the Miramar Reservoir or other alternative location(s) as determined by the City; and any other Repurified Water treatment or conveyance facilities which are part of the Pure Water Program. II.OWNERSHIP AND OPERATION OF THE METRO SYSTEM 2.1 Rights of the Parties. The City is the owner of the Metro System, and of any additions to the Metro System or other facilities constructed pursuant to this Agreement. All decisions with respect to the planning, design, construction, operation and maintenance of the Metro System shall rest with the City, in consultation with the Metro Commission. The Participating Agencies shall have a contractual right to use the Metro System and to participate in its operation as set forth in this Agreement. Subject to the terms of this Agreement, and in conformance with all applicable laws, the City may transfer ownership of all or part of the Metro System at any time. In the event of a transfer, the City’s successor shall be bound by the terms of this Agreement. Subject to the terms of this Agreement, any Participating Agency may transfer or assign its rights and obligations under this Agreement. Any transfer shall first be approved by the City. No transfer may occur if the City reasonably determines, after consultation with the Participating Agencies involved, that the proposed transfer will imbalance, or will otherwise adversely impact the City’s ability to operate the Metro System. 2.2 Metro System Services. 2.2.1 The City shall provide wastewater conveyance, treatment and disposal services to the Participating Agencies through the Metro System, under the terms set forth in this Agreement. -7- 60409.00001\30914102.16 2.2.2 The City shall operate the Metro System in an efficient and economical manner, maintaining it in good repair and working order, all in accordance with recognized sound engineering and management practices. 2.2.3 The City shall convey, treat, and dispose of or reuse all wastewater received under this Agreement in such a manner as to comply with all applicable laws, rules and regulations. 2.3 Flow Commitment. 2.3.1 Absent agreement of the Parties, all Flow from the Participating Agencies and the City, up to the capacity limits set forth in Exhibit B or any amendments thereto, shall remain in the Metro System. 2.3.2 This Agreement shall not preclude any Participating Agency from diverting Flow from the Metro System as a result of the construction of reclamation facilities or New Capacity outside of the Metro System. 2.3.3 Any Participating Agency may negotiate an agreement with the City to withdraw all Flow from the Metro System, which shall provide that the Agency pay its proportionate share of Capital Improvement Costs. If a Participating Agency enters into an agreement with the City by December 31, 2019, to withdraw all Flow from the Metro System by January 1, 2035, such Participating Agency shall not pay Pure Water Program Capital Improvement Costs attributable to the Metro System except for Phase I (as defined below in Section 2.8). 2.4 Funding Obligations. Nothing in this Section or in this Agreement shall obligate the City to make any payment for the acquisition, construction, maintenance or operation of the Metro System from moneys derived from taxes or from any income and revenue of the City other than moneys in or sewer revenues which go into the Sewer Revenue Fund for the Metro System and from construction funds derived from the sale of such sewer revenue bonds for the Metro System as are duly authorized. Nothing in this Agreement shall be construed to obligate the City to pay from its annual income and revenues any sum which would create an indebtedness, obligation or liability within the meaning of the provisions of Section 18 of Article XVI of the Constitution of the State of California. Nothing in this Section, however, or in this Agreement shall prevent the City, in its discretion, from using tax revenues or any other available revenues or funds of the City for any purpose for which the City is empowered to expend moneys under this Agreement. Nothing herein shall relieve the City from its obligations to fund and carry out this Agreement. Nothing in this Section or in this Agreement shall obligate any Participating Agency to make any payment which would create an indebtedness, obligation or liability within the meaning of the provisions of Section 18 of Article XVI of the Constitution of the State of California, or which is not authorized by law. -8- 60409.00001\30914102.16 2.5 Financial Statements. 2.5.1 The City shall keep appropriate records and accounts of all costs and expenses relating to conveyance, treatment, disposal, and reuse of wastewater, and production of Repurified Water, and the acquisition, planning, design, construction, administration, monitoring, operation and maintenance of the Metro System and Water Repurification System, and any grants, loans, or other revenues received therefor. The City shall keep such records and accounts for at least four (4) years, or for any longer period required by law or outside funding sources. 2.5.2 Said records and accounts shall be subject to reasonable inspection by any authorized representative of any Participating Agency at its expense. Further, said accounts and records shall be audited annually by an independent certified public accounting firm appointed by the City pursuant to generally accepted accounting principles. A copy of said report shall be available to any Participating Agency. As part of said audit, the actual amount of City Water Utility’s PW Costs, Pure Water Program costs attributable to the Metro System, Repurified Water Revenue, and the Capital Expense Rate shall be determined and audited by the City’s external auditors and Participating Agency representatives, and a cumulative and annual summary of such amounts shall be included as a footnote or attachment to the audit of the Metro System. Cost summaries shall include separate lines for Capital Improvement Costs and Operation and Maintenance Costs. 2.5.3 The City shall make a good faith effort to complete the annual audit, and any related adjustments under this Agreement, by the end of the following fiscal year. 2.6 Limitations on Types and Condition of Wastewater. 2.6.1 Each Participating Agency will comply with all applicable laws, rules and regulations including its regulatory obligations associated with the discharge of wastewater into its respective system and from such system into the Metro System. 2.6.2 Each Participating Agency will minimize to the maximum extent practicable, the infiltration and inflow of surface, ground or stormwaters into its respective wastewater systems. 2.6.3 Each Participating Agency will insure that all industrial users of its wastewater system are regulated by an effective industrial pretreatment program that conforms to all to all applicable laws, rules and regulations and that is acceptable to the City. Provided, however, that the City shall not require the Participating Agencies to take any actions beyond that -9- 60409.00001\30914102.16 which is required under applicable laws, rules and regulations that can be taken but are not being taken by the City. 2.6.4 The City and the Participating Agencies agree that nothing in this Agreement, including the termination of the existing sewage disposal agreements, shall affect the validity of the Interjurisdictional Pretreatment Agreements, or the separate transportation agreements that are currently in effect between or among the City and the Participating Agencies. 2.6.5 Each Participating Agency will not discharge a substantial amount of sewage originating outside its respective boundaries into the Metro System without the approval of the City. 2.6.6 Each Participating Agency shall be responsible for the violation of any applicable laws, rules or regulations associated with its respective discharge of wastewater into the Metro System. Nothing in this Agreement shall affect the ability of any Participating Agency to hold third parties responsible for such violations. 2.6.7 In the event a regulatory agency imposes any penalty or takes other enforcement action relating to the conveyance, treatment, or disposal of wastewater in or from the Metro System, the City shall determine if the City or a Participating Agency or Agencies caused or contributed to the violation by exceeding its Contract Capacity or by the contents of its wastewater. The City shall allocate the penalty or other relief, including the costs of defense, to the Party or Parties responsible. Each responsible Party, whether a Participating Agency or the City, shall be obligated to pay its share of such penalty or other relief, and any costs of defense. In the event that the City cannot make such an allocation, the cost of such penalty or other relief shall be shared by the Participating Agencies and the City proportionately based on Flow and Strength. 2.7 Right of First Refusal. 2.7.1 The City shall not sell or agree to sell the Metro System without first offering it to the Participating Agencies. For the purposes of this section, “Participating Agencies” shall mean a Participating Agency, a group of Participating Agencies, or a third party representing one or more Participating Agencies. The term “sell” shall include any transfer or conveyance of the Metro System or of any individual treatment or reclamation facility or outfall within the Metro System. 2.7.2 The City and the Participating Agencies recognize that transfer of ownership of the Metro System is currently restricted by Sections 6.04 and 6.20 of the Installment Purchase Agreement between the City and the Public Facilities Financing Authority of the City, which inter alia restricts the transfer of ownership to the Metropolitan Wastewater Sewage District -10- 60409.00001\30914102.16 or other governmental agency whose primary purpose is to provide wastewater treatment. The City shall not seek to impose on bond holders a waiver of Section 6.04 or 6.20. Absent such a restriction, before the City sells or agrees to sell the Metro System, or any portion of it, the City shall offer to sell the Metro System to the Participating Agencies (the “Offer”) on the terms and at a price equal to that proposed for the sale of the Metro System to a third party. The Participating Agencies shall have thirty days from receipt of the Offer (the “Intent to Respond Period”) in which to notify the City of their intent to respond to the Offer. The Participating Agencies shall have five months from the expiration of the Intent to Respond Period in which to accept or reject the Offer. The Offer shall contain the name of the proposed purchaser, the proposed sale price, the terms of payment, the required deposit, the time and place for the close of escrow, and any other material terms and conditions on which the sale is to be consummated. 2.7.3 If the Participating Agencies give timely notice of their intent to respond and timely notice of their acceptance of the Offer, then the City shall be obligated to sell and the Participating Agencies shall be obligated to purchase the Metro System or any individual treatment or reclamation facility or outfall within the Metro System, as applicable, at the price and on the terms and conditions of the Offer. If the Participating Agencies do not give timely notice of their intent to respond or their acceptance of the Offer, or do not submit an offer on the same terms and conditions as the Offer, the City may, following the end of the Offer period, sell the Metro System, or any portion of it, at a price and on terms and conditions no less favorable to the City than those in the Offer. The City shall not sell the Metro System to any third party on terms or at a price less favorable to the City from the terms and price contained in the Offer absent compliance with the terms of this Section. 2.7.4 Nothing herein shall prevent the City from entering into a financing agreement which may impose limits on the City’s power to sell the Metro System to the Participating Agencies pursuant to Section 2.7.1. if the City reasonably believes that such a financing agreement is in the City’s best interest. Neither the entry into such a financing agreement by the City nor the performance thereof by the City shall constitute a breach or default by the City hereunder. 2.8 Pure Water San Diego Program. 2.8.1 Each new, expanded, or modified Metro System facility which is used in relation to the production of Repurified Water (in addition to the modification and expansion of the North City Water Reclamation Facility) shall be governed by this Agreement and Exhibit F, attached hereto and incorporated herein. -11- 60409.00001\30914102.16 2.8.2 The allocation of Pure Water Program costs pursuant to this Agreement shall be retroactive through the fiscal year ending June 30, 2014, when Pure Water Program costs were first incurred by the Metro System. When conducting the year-end adjustments for the fiscal year in which this Agreement takes effect, the City shall credit or assess such prior costs to the Parties pursuant to this Agreement. 2.9 Future Negotiations and Cooperation. 2.9.1 This Agreement and Exhibit F specifically contemplate Phase I of the Pure Water Program, which consists of new, expanded, or modified Metro System facilities and Water Repurification System facilities designed to produce only up to 30 million gallons per day of Repurified Water (“Phase I”). Within one year of the Effective Date of this Agreement, the Parties intend to meet and negotiate in good faith regarding one or more amendments to this Agreement or its Exhibits to address: 2.9.1.1 The allocation of specific Pure Water Program costs between City’s water utility and the Metro System for such later phases; 2.9.1.2 Alternative billing methodologies for Metro System costs; 2.9.1.3 The exclusion of costs related to the industrial discharges inspection and monitoring program within San Diego under Section 5.2.1.2.3 of the Agreement; 2.9.1.4 The inclusion of costs for regional, non-Metro System potable reuse projects in calculating the Capital Expense Rate; 2.9.1.5 A sample calculation of Repurified Water Revenue; and 2.9.1.6 The conveyance and treatment of wastewater generated at United States military bases under this Agreement. If such negotiations do not result in an amendment to this Agreement or its Exhibits concerning these subjects, this Agreement shall remain in full force and effect as set forth herein. Further, if the City proceeds with a later phase of the Pure Water Program as authorized under Section 2.1 of this Agreement, and the Parties have not yet amended this Agreement or Exhibit F to specifically address such costs by the time they are incurred, all costs listed in Section I of Exhibit F shall nonetheless be excluded as Metro System costs under this Agreement. 2.9.2 The City and the Participating Agencies shall cooperate, coordinate, and negotiate in good faith with the Padre Dam Municipal Water District, San Diego County Sanitation District, and City of El Cajon on issues that relate to the East County AWP Program, including, but not limited to, the -12- 60409.00001\30914102.16 potential transfer of the Mission Gorge Pump Station; disposal of residuals; and a source control program. 2.9.3 Following the Effective Date of this Agreement, the Parties intend to meet and negotiate in good faith regarding the disposal, treatment, and/or management of residuals (solids, brine, and centrate) produced at any new non-Metro System secondary, tertiary, or advanced wastewater treatment facilities upstream of any Metro System facilities related to the production of Repurified Water that currently exist or may exist in the future. Such negotiations may result in an amendment to this Agreement, or in one or more separate agreements between the City and the involved Participating Agencies, regarding the disposal, treatment, and/or management of residuals at such non-Metro System facilities. 2.9.3.1 In the event that an amendment to this Agreement, or a separate agreement between the City and the involved Participating Agencies, regarding the disposal, treatment, and/or management of residuals at such non-Metro System facilities, cannot be achieved through direct negotiation, the parties shall use the dispute resolution process in Article IX of this Agreement. 2.9.3.2 Absent an amendment to this Agreement or a separate Agreement between the City and involved Participating Agencies as described above, the involved Participating Agencies shall not dispose of residuals from new non-Metro System secondary, tertiary, or advanced wastewater treatment facilities at any point upstream of a Metro System facility related to the production of Repurified Water that currently exists or may exist in the future. III. PAYMENT AND MONITORING PROVISIONS 3.1 Payment for Metro System Facilities. Through the system of charges set forth in Article V of this Agreement, each Participating Agency shall pay its share of the costs of planning, design and construction of all of the Metro System facilities which are identified in Exhibit A hereto, which is incorporated herein by reference. 3.2 Payment for Additional Metro System Facilities. Through the system of charges set forth in Article V of this Agreement, each Participating Agency shall pay its share of the costs of acquisition, or planning, design and construction of such facilities in addition to those set forth on Exhibit A as are necessary for the Metro System to maintain compliance with applicable laws, rules and regulations, including the Ocean Pollution Reduction Act of 1994 and its successor(s), present and future waivers of applicable treatment standards at any Metro System treatment facility, and all facilities as are necessary to convey, treat, dispose, and reuse wastewater in the Metro System to provide the Contract Capacity set forth in Exhibit B, to maintain hydraulic capacity and as otherwise -13- 60409.00001\30914102.16 required by sound engineering principles. As a ministerial matter, the City shall amend Exhibit A from time to time to reflect such additional facilities and shall give notice of any amendments to the Participating Agencies. The City shall keep an updated version of Exhibit A on file with the City Public Utilities Department. Exhibit A may be amended to reflect other changes to the Metro System only as expressly provided in this Agreement. 3.3 Payment for Operation and Maintenance. Through the system of charges set forth in Article V of this Agreement, each Participating Agency shall pay its share of the Operation and Maintenance Costs of all Metro System facilities. The Participating Agencies shall not pay for the Operation and Maintenance Costs of Water Repurification System, which are City Water Utility PW Costs. 3.4 Charges Based on Flow and Strength; Exception. 3.4.1 Except as otherwise described in this Section 3.4, a Participating Agency’s share of the charges in this Article III shall be assessed pursuant to Article V of this Agreement based on its proportionate Flow in the Metro System and the Strength of its wastewater. 3.4.2 Notwithstanding section 3.4.1, or any other provision of this Agreement, a Participating Agency’s share of Pure Water Program Capital Improvement Costs, Repurified Water Revenue, and Capital Expense Rate attributable to the Metro System under Exhibit F shall be assessed or credited based on the Parties’ proportionate share of the Pure Water Capital Melded Percentage stated in Column 12 of Exhibit G. The City shall annually allocate the estimated and actual Pure Water Program Capital Improvement Costs and revenues which are attributable to the Metro System under Exhibit F in proportion to each Party’s Pure Water Capital Melded Percentage when estimating quarterly payments and conducting year-end adjustments under Article V. 3.4.3 Each Party recognizes that operation within respective Projected 2050 Strength and Flow Amounts is essential to the accurate allocation of costs and revenues under the Pure Water Program. In recognition of same, the Parties agree as follows: 3.4.3.1 Beginning in the next fiscal year after the effective date of this Agreement, if a Party’s Annual Average Daily Flow, annual average pounds per day of COD, or annual average pounds per day of SS exceeds any one of its Party’s Projected 2050 Strength and Flow Amounts by more than ten percent (10%) for any three (3) consecutive fiscal years, the City shall prepare an amendment to Exhibit G that adjusts projections of each Party’s Projected 2050 Strength and Flow Amounts based on information about such Party’s exceedance and other relevant information using sound engineering principles. Upon approval by the City and two-thirds -14- 60409.00001\30914102.16 of the members of the Metro Commission, the City shall, as a ministerial matter, amend Exhibit G (including the Melded Percentages in Column 12 of Exhibit G) to reflect the new Projected 2050 Strength and Flow Amounts for each Party. The City shall keep an updated version of Exhibit G on file with the City Public Utilities Department. If the City and two-thirds of the Metro Commission cannot agree on an amendment to Exhibit G, the matter shall be submitted to dispute resolution pursuant to Article IX. 3.4.3.2 Notwithstanding the amounts set forth in Columns 4, 7, and 10 of Exhibit G, the following Parties will be deemed to have the following Projected 2050 Strength and Flow Amounts until July 1, 2025: 3.4.3.2.1 Padre Dam: 3.2 MGD Flow; 24,730 lb/day COD; 11,900 lb/day SS 3.4.3.2.2 San Diego County Sanitation District: 13.617 MGD Flow; 70,210 lb/day COD; 27,830 lb/day SS 3.4.3.2.3 El Cajon: 7.8 MGD Flow; 41,848 lb/day COD; 16,556 lb/day SS 3.4.3.3 If Exhibit G is amended to update one or more Parties’ Projected 2050 Strength and Flow Amounts, the change in Projected 2050 Strength and Flow Amounts and Pure Water Capital Melded Percentages shall be retroactive in effect, and the City shall use the updated amounts in estimating quarterly payments and conducting year-end adjustments for Pure Water Program costs and revenues. Therefore, any Party that underpaid based on prior Pure Water Capital Melded Percentages (which were based on prior Projected 2050 Strength and Flow Amounts) shall pay the retroactive amount due in its quarterly payments the following fiscal year; any Party that overpaid based on previous Pure Water Capital Melded Percentages shall receive a credit in its quarterly payments the following fiscal year. Notwithstanding the preceding sentence, if the retroactive amount due exceeds 20% of a Party’s average annual Metro System payments for the previous four (4) years, such Party may elect to pay the retroactive amount due in its quarterly payments over the subsequent four (4) fiscal years, with interest based on the most recent quarterly earnings rate of the Local Agency Investment Fund’s Pooled Money Investment Account; any Party that overpaid based on previous Pure Water Capital Melded Percentages shall receive a credit in its quarterly payments the following four (4) fiscal years. -15- 60409.00001\30914102.16 3.4.3.4 If a Participating Agency (other than those specified in Section 3.4.3.2) intends to divert a portion of its Flow from the Metro System pursuant to Section 2.3.2 on or before July 1, 2025, the Participating Agency may provide written notice to the City by December 31, 2019, requesting an adjustment in its Projected 2050 Strength and Flow Amounts and Melded Percentage in Exhibit G. If such notice is timely provided, the City shall prepare an amendment to Exhibit G based on information about such Party’s diversion and other relevant information using sound engineering principles. Such amendment shall then be subject to the approval procedures set forth in Section 3.4.3.1, and the retroactivity provisions set forth in Section 3.4.3.3; provided, however, that such an amendment to Exhibit G shall also be subject to an agreement with the City for the Participating Agency to pay its proportionate share of Pure Water Program planning, design, and construction costs incurred to date by the Metro System (based on such Participating Agency’s prior Melded Percentage), and any costs for Pure Water Program planning or design changes which are reasonably necessary due to the intended diversion. 3.5 Monitoring Flow and Strength. 3.5.1 The City shall monitor wastewater that is discharged into the Metro System for Flow and Strength. The City shall own and operate as part of the Metro System monitoring devices which will measure the amount of daily wastewater discharged into the Metro System. These devices shall be installed at locations appropriate to accurately monitor Flow and Strength. The City may also monitor wastewater Flow and Strength at other locations as it deems appropriate. 3.5.2 In measuring Strength, the frequency and nature of the monitoring shall not be more stringent for the Participating Agencies than it is for the City. 3.5.3 The City shall, at least once every five (5) years, update and provide its plans for the monitoring system and for the procedures it will use to determine Strength to the Participating Agencies. The Participating Agencies shall have the opportunity to review and comment prior to implementation. 3.5.4 The City shall report Flow and Strength data to the Participating Agencies at least quarterly. IV.CAPACITY RIGHTS 4.1 Contract Capacity. In consideration of the obligations in this Agreement, each Participating Agency shall have a contractual right to discharge wastewater to the Metro System up to the Contract -16- 60409.00001\30914102.16 Capacity set forth in Exhibit B. Each Party’s Projected Metro Flow 2050 stated in Exhibit G, is used solely for the purpose of allocating the Metro System’s Pure Water Program Capital Improvement Costs, Repurified Water Revenue, and the Capital Expense Rate under this Agreement, and does not replace or limit Contract Capacity. 4.2 Transfers of Contract Capacity. The Participating Agencies and the City may buy, sell or exchange all or part of their Contract Capacity among themselves on such terms as they may agree upon. The City shall be notified prior to any transfer. Any transfer shall be first approved by the City. No Contract Capacity may be transferred if the City determines, after consultation with the Participating Agencies involved in the transaction, that said transfer will unbalance, or will otherwise adversely impact the City’s ability to operate the Metro System. Provided, however, that the Participating Agency seeking the transfer may offer to cure such imbalance at its own expense. Following the City’s consent, as a ministerial matter, the Contract Capacity set forth in Exhibit B shall be adjusted to reflect the approved transfer. If necessary, Projected Metro Flow 2050 set forth in Exhibit G shall also be adjusted to reflect the approved transfer using the process set forth in Section 3.4.3.1, provided, however, that an amendment to Exhibit G due to an approved transfer shall not be retroactive in effect pursuant to Section 3.4.3.3. 4.3 Allocation of Additional Capacity. The Parties recognize that the City’s applicable permits for the Metro System may be modified to create capacity in the Metro System beyond that set forth in Exhibit B as a result of the construction of additional facilities or as a result of regulatory action. This additional capacity shall be allocated as follows: 4.3.1 Except as provided in section 4.3.2 below, in the event that the Metro System is rerated so that additional permitted capacity is created, said capacity shall be allocated proportionately based upon the Metro System charges that have been paid since July 1, 1995 to the date of rerating. 4.3.2 In the event that the additional permitted capacity is created as the result of the construction of non-Metro System facilities, or as the result of the construction of facilities pursuant to Article VII, such additional capacity shall be allocated proportionately based on the payments made to plan, design and construct such facilities. 4.4 Deductions in Contract Capacity. The Parties further recognize that the Contract Capacity in Exhibit B and Projected Metro Flow 2050 in Exhibit G may be modified to comply with, or in response to, applicable permit conditions, or related regulatory action, or sound engineering principles. In the event that the capacity of the Metro System is rerated to a level below the total capacity set forth in Exhibit B, the Contract Capacity in Exhibit B and Projected Metro Flow 2050 in Exhibit G shall be reallocated proportionately pending the acquisition or construction of new facilities. The City shall acquire or construct such facilities as necessary to provide the Contract Capacity rights -17- 60409.00001\30914102.16 set forth in Exhibit B, as planning and capacity needs require. The costs of such facilities shall be assessed pursuant to Section 3.2. 4.5 Amendments to Exhibits B and G. As a ministerial matter, the City shall prepare amendments to Exhibits B and G to reflect any adjustment in Contract Capacity pursuant to this Article within ninety (90) days after the adjustment is made. The City shall give notice of the amendments to each Participating Agency, and shall provide copies of the amendments with the notice. The City shall keep an updated version of Exhibits B and G on file with the City Public Utilities Department. 4.6 The South Bay Land/Ocean Outfall. Nothing in this Article shall limit the City’s right to transfer capacity service rights in that portion of the South Bay Land/Ocean Outfall which is not part of the Metro System. V. SYSTEM OF CHARGES 5.1 Charges Authorized. The City agrees to implement and the Participating Agencies agree to abide by a new system of charges. This new system allows the City to equitably recover from all Participating Agencies their proportional share of the net Metro System Costs through the imposition of the following charges: 5.1.1 SSC (Sewer System Charge); 5.1.2 NCCC (New Contract Capacity Charge). 5.2 SSC (Sewer System Charge). The City shall determine the SSC based on the projected Metro System Costs (as defined below) for the forthcoming fiscal year, less all Metro System Revenues (as defined below). 5.2.1 Metro System Costs 5.2.1.1 The following shall at a minimum be considered Metro System Costs for purposes of calculating the annual SSC: 5.2.1.1.1 Except as provided in section 5.2.1.2 (Excluded Costs), the annual costs associated with administration, operation, maintenance, replacement, annual debt service costs and other periodic financing costs and charges, capital improvement, insurance premiums, claims payments and claims administration costs of the Metro System, including projected overhead. Overhead -18- 60409.00001\30914102.16 shall be calculated using accepted accounting practices to reflect the overhead costs of the Metro System. 5.2.1.1.2 Fines or penalties imposed on the City as a result of the operation of the Metro System, unless the fine/penalty is allocated to the City or a Participating Agency as provided in Section 2.6.7. 5.2.1.2 Excluded Costs. The following items shall not be considered Metro System Costs for purposes of calculating the annual SSC: 5.2.1.2.1 Costs related to the City of San Diego’s Municipal System as determined by reasonable calculations; 5.2.1.2.2 Costs related to the treatment of sewage from any agency which is not a party to this Agreement; 5.2.1.2.3 Costs related to the inspection and monitoring program for the industrial dischargers located in San Diego, including associated administrative and laboratory services; 5.2.1.2.4 Right-of-way charges for the use of public streets of the City or any Participating Agency. The City and the Participating Agencies agree not to impose a right-of- way charge for the use of its public rights-of-way for Metro System purposes; 5.2.1.2.5 Capital Improvement Costs of any non-Metro System facility; 5.2.1.2.6 Capital Improvement Costs for which an NCCC is paid; and 5.2.1.2.7 City Water Utility PW Costs. 5.2.2 Metro System Revenues. 5.2.2.1 The following revenues shall be at a minimum considered Metro System Revenues for purposes of determining the annual SSC: 5.2.2.1.1 Any grant or loan receipts or any other receipts that are attributable to the Metro System, including, but not limited to, all compensation or receipts from the sale, lease, or other conveyance or transfer of any asset of the Metro System; provided, however, that this shall not include any grant, loan, or other receipts attributable to the Metro System components of the Pure Water -19- 60409.00001\30914102.16 Program, which are specifically addressed in Section 5.2.2.1.8. 5.2.2.1.2 All compensation or receipts from the sale or other conveyance or transfer of any Metro System by- products, including, but not limited to gas, electrical energy, sludge products, and Reclaimed Water (excepting therefrom any receipts allocated pursuant to section 5.2.2.1.3). 5.2.2.1.3 The distribution of revenue from the sale of Reclaimed Water from the North City Water Reclamation Plant, including incentives for the sale of Reclaimed Water, shall first be used to pay for the cost of the Reclaimed Water Distribution System, then the cost of the Operation and Maintenance of the Tertiary Component of the North City Water Reclamation Plant that can be allocated to the production of Reclaimed Water, and then to the Metro System. 5.2.2.1.4 Any portion of an NCCC that constitutes reimbursement of costs pursuant to Section 7.1.4. 5.2.2.1.5 Any penalties paid under Section 7.3. 5.2.2.1.6 Proceeds from the Capital Expense Rate, as calculated under Exhibit F and allocated among the City and Participating Agencies in the proportions set forth in Column 12 of Exhibit G. 5.2.2.1.7 Those portions of Repurified Water Revenue attributable to the Metro System, as calculated under Exhibit F and allocated among the Participating Agencies in the proportions set forth in Column 12 of Exhibit G. 5.2.2.1.8 Any grant or loan receipts or any other receipts that are attributable to the Metro System components of the Pure Water Program, including, but not limited to, all compensation or receipts from the sale, lease, or other conveyance or transfer of any asset of the Metro System components of the Pure Water Program. Any proceeds under this section shall be allocated among the City and the Participating Agencies in the proportions set forth in Column 12 of Exhibit G. -20- 60409.00001\30914102.16 5.2.2.2 Excluded Revenue 5.2.2.2.1 Capital Improvement Costs for which an NCCC is paid; 5.2.2.2.2 Proceeds from the issuance of debt for Metro System projects. 5.2.2.2.3 Proceeds from the sale of Reclaimed Water used to pay for the Reclaimed Water Distribution System pursuant to section 5.2.2.1.3 above. 5.2.3 Calculation of SSC Rates. 5.2.3.1 Prior to the initial implementation of the new system of charges, the City shall prepare a sample fiscal year estimate setting forth the methodology and sampling data used as a base for Strength based billing (SBB) which includes Flow and Strength (Chemical Oxygen Demand (COD) and Suspended Solids (SS)). The analysis shall be submitted to each Participating Agency. 5.2.3.2 The City shall determine the unit SSC rates by allocating net costs (Metro System Costs less Metro System Revenues) between parameters of Flow, COD and SS. This allocation is based on the approved Functional-Design Methodology analyses for individual Capital Improvement Projects (CIPs) and estimated Operation and Maintenance (O&M) Costs allocated to the three parameters. The City may revise the calculations to include any other measurement required by law after the effective date of this Agreement. 5.2.3.3 The net cost allocated to each of the three parameters (Flow, COD and SS) shall be divided by the total Metro System quantity for that parameter to determine the unit rates for Flow, COD and SS. These unit rates shall apply uniformly to all Participating Agencies. 5.2.4 Estimate and Billing Schedule and Year End Adjustment 5.2.4.1 The City shall estimate the SSC rates on an annual basis prior to January 15. The City shall quantify the SSC rates by estimating the quantity of Flow, COD and SS for each Party, based on that Party’s actual flow and the cumulative data of sampling for COD and SS over the preceding years. If cumulative data is no longer indicative of discharge from a Participating Agency due to the implementation of methods to reduce Strength, previous higher readings may be eliminated. 5.2.4.2 Costs of treating Return Flow for solids handling will be allocated to the Participating Agencies in proportion to their Flow and -21- 60409.00001\30914102.16 Strength. Return Flow will not be counted against the Participating Agencies’ Contract Capacity as shown in Exhibit B. 5.2.4.3 The City shall bill the Participating Agencies quarterly, invoicing on August 1 , November 1, February 1 and May 1. Each bill shall be paid within thirty (30) days of mailing. Quarterly payments will consist of the total estimated cost for each Participating Agency, based on their estimated Flow, COD and SS, divided by four. 5.2.4.4 At the end of each fiscal year, the City shall determine the actual Metro System Costs and the actual Flow as well as the cumulative Strength data for the City and each of the Participating Agencies. The City shall make any necessary adjustments to the unit rates for Flow, COD and SS based on actual costs for the year. The City shall then recalculate the SSC for the year using actual costs for the year, actual Flow, and cumulative Strength factors (COD, SS and Return Flow) for the City and for each Participating Agency. The City shall credit any future charges or bill for any additional amounts due, the quarter after the prior year costs have been audited. 5.3 NCCC (New Contract Capacity Charge). If New Contract Capacity is required or requested by a Participating Agency, pursuant to Article VII, the Metro System shall provide the needed or requested capacity, provided that the Participating Agency agrees to pay an NCCC in the amount required to provide the New Contract Capacity. New Contract Capacity shall be provided pursuant to Article VII. 5.4 Debt Financing. The City retains the sole right to determine the timing and amount of debt financing required to provide Metro System Facilities. 5.5 Allocation of Operating Reserves and Debt Service Coverage. The Parties shall continue to comply with the 2010 Administrative Protocol on Allocation of Operating Reserves and Debt Service Coverage to Participating Agencies, attached hereto and incorporated herein as Exhibit C. VI.PLANNING 6.1 Projected Flow and Capacity Report. Commencing on July 1, 1999, each Participating Agency shall provide the City and the Metro Commission with a ten-year projection of its Flow and capacity requirements from the Metro System. The Agencies shall disclose any plans to acquire New Capacity outside the Metro System. This “Projected Flow and Capacity Report” shall be updated annually. -22- 60409.00001\30914102.16 6.2 Other Planning Information. Each Participating Agency shall provide the City with such additional information as requested by the City as necessary for Metro System planning purposes. 6.3 Ten-Year Capital Improvement Plan. The City shall prepare a Ten-Year Capital Improvement Plan for the Metro System that describes the facilities necessary to convey, treat, and dispose of, or reuse all Flow in the Metro System in compliance with all applicable rules, laws and regulations. The plan shall be updated annually. 6.4 Notice to Metro Commission. In the event that the City is not able to include a facility in the Ten-Year Capital Improvement Plan, the City shall notify the Metro Commission as soon as possible before the detailed design or construction of such facility provided that the facility will significantly impact the Metro System. VII.FACILITIES SOLELY FOR NEW CONTRACT CAPACITY The Participating Agencies and City are obligated to pay for the acquisition or planning, design, and construction of new facilities in the Metro System that are needed solely to provide New Contract Capacity only under the terms provided below. 7.1 Determination of Need for New Contract Capacity. 7.1.1 As part of its planning efforts, and considering the planning information provided to the City by the Participating Agencies, the City shall determine when additional facilities beyond those acquired or constructed pursuant to Article III above will be necessary solely to accommodate a need for New Contract Capacity in the Metro System, whether by the City or by the Participating Agencies. The City shall determine: (1) the amount of New Contract Capacity needed; (2) the Participating Agency or Agencies, or the City, as the case may be, in need of the New Contract Capacity; (3) the type and location of any capital improvements necessary to provide the New Contract Capacity; (4) the projected costs of any necessary capital improvements; and, (5) the allocation of the cost of any such facilities to the Participating Agency and/or the City for which any New Contract Capacity is being developed. The City shall notify the Participating Agencies of its determination within sixty days of making such determination. 7.1.2 The City or Participating Agency or Agencies in need of New Contract Capacity as determined by the City pursuant to section 7.1.1 above, may choose, in their sole discretion, to obtain New Capacity outside of. the Metro System in lieu of New Contract Capacity. Under such circumstances, the Participating Agency or Agencies shall commit to the -23- 60409.00001\30914102.16 City in writing their intent to obtain such New Capacity. Upon such commitment, the City shall not be required to provide New Contract Capacity to such Agency or Agencies as otherwise required under this Agreement. 7.1.3 The Participating Agencies shall have six months from the date of notice of the determination within which to comment on or challenge all or part of the City’s determination regarding New Contract Capacity, or to agree thereto or to commit, in writing, to obtain New Capacity outside of the Metro System. Any Participating Agency objecting to the City’s determination shall have the burden to commence and diligently pursue the formal dispute resolution procedures of this Agreement within said six month period. The City’s determination shall become final at the close of the six month comment and objection period. The City’s determination shall remain valid notwithstanding commencement of dispute resolution unless and until otherwise agreed to pursuant to the dispute resolution process in Article IX, or pursuant to a final court order. 7.1.4 The City and the Participating Agency or Agencies which need New Contract Capacity shall thereafter enter into an agreement specifying the terms and conditions pursuant to which the New Contract Capacity will be provided, including the amount of capacity and the New Contract Capacity. Each Party obtaining New Contract Capacity shall reimburse the Metro System for the costs of acquisition, planning, design, and construction of facilities necessary to provide the New Contract Capacity that have been paid by other Parties under Section 7.2.3. 7.1.5 The Parties recognize that the City may acquire and plan, design and construct facilities that are authorized pursuant to both Article III and Article VII of this Agreement. Under such circumstances, the City shall allocate the costs and capacity of such facilities pursuant to Article III and Section 7.1.1 as applicable. 7.2 Charges for Facilities Providing New Contract Capacity 7.2.1 The expense of acquisition, planning, design, and construction of New Contract Capacity shall be borne by the City or the Participating Agency or Agencies in need of such New Contract Capacity. 7.2.2 Notwithstanding any provision in this Agreement, the City and the Participating Agencies shall pay for the Operation and Maintenance Costs of all facilities pursuant to the payment provisions of Article III, including those facilities acquired and constructed to provide New Contract Capacity in the Metro System. 7.2.3 Charges for the acquisition, planning, design and construction of facilities solely to provide New Contract Capacity shall be paid for by the -24- 60409.00001\30914102.16 Participating Agencies and the City pursuant to the payment provisions in Article III of this Agreement until an agreement is reached under Section 7.1.4. or pending the resolution of any dispute relating to the City’s determination with respect to New Contract Capacity. 7.2.4 As a ministerial matter, the City shall prepare amendments to Exhibits A and B to reflect the acquisition or construction of facilities to provide New Contract Capacity pursuant to this Article. The City shall give notice of the Amendments to the Participating Agencies, and shall provide copies of the Amendments with the notice. 7.3 Liquidated Damages. 7.3.1 The Parties recognize that appropriate capacity and long term planning for same are essential to the proper provision of sewerage service. In recognition of same, the Parties agree that discharge beyond Contract Capacity will result in damages that are difficult to determine. Therefore, the damages are being liquidated in an amount estimated to the actual damage that will be incurred by the City, and is not a penalty. In the event that a Participating Agency exceeds its Contract Capacity after the City has given notice that New Capacity is required, said Participating Agency shall be assessed and pay a liquidated damages until such time as the Participating Agency obtains the required New Capacity. The liquidated damages shall be one dollar ($1) for each gallon of Flow which exceeds the Participating Agency’s Contract Capacity for each quarter in which any exceedance occurs. The amount of liquidated damages shall be adjusted each fiscal year to reflect the annual percentage change in the Engineering News Record – Los Angeles construction cost index. 7.3.2 In the event that a Participating Agency fails to pay the charges imposed under this Article after the City has given notice that payment is required, said Participating Agency shall be assessed and shall pay liquidated damages which shall be determined by multiplying the most recent quarterly earnings rate of the Local Agency Investment Fund’s Pooled Money Investment Account times the total outstanding charges. The Participating Agency shall pay such liquidated damages each quarter until the outstanding charges are paid in full. VIII.THE METRO COMMISSION 8.1 Membership. The Metro Commission shall consist of one representative from each Participating Agency. Each Participating Agency shall have the right to appoint a representative of its choice to the Metro Commission. If a Participating Agency is a dependent district whose governing body is that of another independent public agency that Participating Agency shall be represented -25- 60409.00001\30914102.16 on the Metro Commission by a representative appointed by the governing body which shall have no more than one representative no matter how many Participating Agencies it governs. Each member has one vote in any matter considered by the Metro Commission. The Metro Commission shall establish its own meeting schedule and rules of conduct. The City may participate in the Metro Commission on an ex officio, non-voting basis. 8.2 Advisory Responsibilities of Metro Commission. 8.2.1 The Metro Commission shall act as an advisory body, advising the City on matters affecting the Metro System. The City shall present the position of the majority of the Metro Commission to the City’s governing body in written staff reports. The Metro Commission may prepare and submit materials in advance and may appear at any hearings on Metro System matters and present its majority position to the governing body of the City. 8.2.2 The Metro Commission may advise the City of its position on any issue relevant to the Metro System. IX.DISPUTE RESOLUTION This Section governs all disputes arising out of this Agreement. 9.1 Mandatory Non-Binding Mediation. If a dispute arises among the Parties relating to or arising from a Party’s obligations under this Agreement that cannot be resolved through informal discussions and meetings, the Parties involved in the dispute shall first endeavor to settle the dispute in an amicable manner, using mandatory non-binding mediation under the rules of JAMS, AAA, or any other neutral organization agreed upon by the Parties before having recourse in a court of law. Mediation shall be commenced by sending a Notice of Demand for Mediation to the other Party or Parties to the dispute. A copy of the notice shall be sent to the City, all other Participating Agencies, and the Metro Commission. 9.2 Selection of Mediator. A single mediator that is acceptable to the Parties involved in the dispute shall be used to mediate the dispute. The mediator will be knowledgeable in the subject matter of this Agreement, if possible, and chosen from lists furnished by JAMS, AAA, or any other agreed upon mediator. 9.3 Mediation Expenses. The expenses of witnesses for either side shall be paid by the Party producing such witnesses. All mediation costs, including required traveling and other expenses of the mediator, and the cost of any proofs or expert advice produced at the direct request of the mediator, shall be Metro System costs. -26- 60409.00001\30914102.16 9.4 Conduct of Mediation. Mediation hearings will be conducted in an informal manner. Discovery shall not be allowed. The discussions, statements, writings and admissions and any offers to compromise during the proceedings will be confidential to the proceedings (pursuant to California Evidence Code Sections 1115 – 1128 and 1152) and will not be used for any other purpose unless otherwise agreed by the parties in writing. The parties may agree to exchange any information they deem necessary. The parties involved in the dispute shall have representatives attend the mediation who are authorized to settle the dispute, though a recommendation of settlement may be subject to the approval of each agency’s boards or legislative bodies. Either Party may have attorneys, witnesses or experts present. 9.5 Mediation Results. Any resultant agreements from mediation shall be documented in writing. The results of the mediation shall not be final or binding unless otherwise agreed to in writing by the parties. Mediators shall not be subject to any subpoena or liability and their actions shall not be subject to discovery. 9.6 Performance Required During Dispute. Nothing in this Article shall relieve the City and the Participating Agencies from performing their obligations under this Agreement. The City and the Participating Agencies shall be required to comply with this Agreement, including the performance of all disputed activity and disputed payments, pending the resolution of any dispute under this Agreement. 9.7 Offers to Compromise Any offers to compromise before or after mediation proceedings will not be used to prove a party’s liability for loss or damage unless otherwise agreed by the parties in writing (pursuant to Evidence Code Section 1152.) X.INSURANCE AND INDEMNITY 10.1 City Shall Maintain All Required Insurance. 10.1.1 Throughout the term of this Agreement the City shall procure and maintain in effect liability insurance covering Metro System assets and operations in the same manner, and to the same extent, as the City insures similar assets and operations of the City. Such insurance may be provided through separate policies for the Metro System, or by consolidating the Metro System with other City assets and operations for insurance purposes. If the Metro System is insured separately, policy limits, deductibles, and self-insured retentions shall be equivalent to what the City procures for other similar City assets and operations. The City shall maintain all insurance required by law, including workers’ compensation insurance, and may self-insure for certain losses when allowed by law. -27- 60409.00001\30914102.16 The proportionate cost of insurance for the Metro System shall be included in the computation of the SSC. 10.1.2 If the Metro System is insured separately, any policy or policies of liability insurance carried by the City for the Metro System shall name the Participating Agencies as additional insureds with evidence of same supplied to each upon request. 10.1.3 Upon request by the Metro Commission or a Participating Agency, the City shall promptly provide written coverage and policy information, including, but not limited to, the scope of coverage, policy limits, deductibles, and self-insured retentions, including information on any claims made against the policies and remaining limits and deductibles. 10.2 Substantially Equivalent Coverage. In the event of a transfer of the Metro System to a nonpublic entity pursuant to Article II, coverage substantially equivalent to all the above provisions shall be maintained by any successor in interest. XI.INTERRUPTION OF SERVICE Should the Metro System services to the Participating Agencies be interrupted as a result of a major disaster, by operation of federal or state law, or other causes beyond the City’s control, the Participating Agencies shall continue all payments required under this Agreement during the period of the interruption. XII.NOTICES REQUIRED UNDER AGREEMENT The City and each Participating Agency shall give notice when required by this Agreement. All notices must be in writing and either served personally, or mailed by certified mail. The notices shall be sent to the officer listed for each Party, at the address listed for each Party in Exhibit D in accordance with this Article. If a Party wishes to change the officer and/or address to which notices are given, the Party shall notify all other Parties in accordance with this Article. Upon such notice, as a ministerial matter, the City shall amend Exhibit D to reflect the changes. The amendment shall be made within thirty (30) days after the change occurs. The City shall keep an updated version of Exhibit D on file with the City Public Utilities Department. The City shall provide a copy of the amended Exhibit D to all Parties. XIII.EFFECTIVE DATE AND EXPIRATION 13.1 Effective Date. This Agreement shall be effective thirty (30) days after execution by the City and all of the Participating Agencies, and shall be dated as of the signature date of the last executing Party. -28- 60409.00001\30914102.16 13.2 Expiration. Subject to the rights and obligations set forth in Section 13.4, this Agreement shall expire on December 31, 2065. This Agreement is subject to extension by agreement of the Parties. The Parties shall commence discussions on an agreement to provide wastewater treatment services beyond the year 2065 on or before December 31, 2055, or at such time, if any, that the Point Loma WTP is required to be upgraded to secondary treatment. 13.3 Contract Capacity Rights Survive Expiration. The Participating Agencies’ right to obtain wastewater treatment services from the facilities referred to in, or constructed pursuant to this Agreement shall survive the expiration of the Agreement. Provided however, upon expiration of this Agreement, the Participating Agencies shall be required to pay their proportional share based on Flow and Strength of all Metro System Costs (Capital Improvement Costs and Operation and Maintenance) to maintain their right to such treatment services. Provided further, that in the event that the Participating Agencies exercise their rights to treatment upon expiration of this Agreement, the City shall have the absolute right, without consultation, to manage, operate and expand the Metro System in its discretion. 13.4 Capital Expense Rate Beyond Expiration. The Capital Expense Rate, as further described in Exhibit F, shall continue until the cost difference between (a) the actual sum of Pure Water Program Capital Improvement Costs and associated debt attributable to the Metro System under Exhibit F and/or the costs to upgrade the Point Loma WTP and (b) $1.8 billion (as adjusted for inflation), has been fully paid, or the Agreement expires, whichever is sooner. Notwithstanding, it is the express intent and desire of the City and the Participating Agencies that if the Agreement expires before the cost difference has been paid through the Capital Expense Rate, that the Capital Expense Rate continue in any extension of this Agreement negotiated by the Parties pursuant to Section 13.2 until the cost difference has been fully paid. 13.5 Abandonment. After December 31, 2065, the City may abandon the Metro System upon delivery of notice to the Participating Agencies ten (10) years in advance of said abandonment. Upon notice by the City to abandon the Metro System, the Parties shall meet and confer over the nature and conditions of such abandonment. In the event the Parties cannot reach agreement, the matter shall be submitted to mediation under Article IX. In the event of abandonment, the City shall retain ownership of all Metro System assets free of any claim of the Participating Agencies. XIV.GENERAL 14.1 Exhibits. 1.This Agreement references Exhibits A through G. Each exhibit is attached to this Agreement, and is incorporated herein by reference. The exhibits are as follows: -29- 60409.00001\30914102.16 Exhibit A Metro Facilities; Exhibit B Contract Capacities; Exhibit C Administrative Protocol on Allocation of Operating Reserves and Debt Service Coverage to Participating Agencies; Exhibit D Notice Listing; Exhibit E Reclaimed Water Distribution System; Exhibit F Pure Water Cost Allocation and Revenues; and Exhibit G Pure Water Capital Billing Table 14.2 Amendment of Agreement. Except as provided in this Agreement, and recognizing that certain amendments are ministerial and preapproved, this Agreement may be amended or supplemented only by a written agreement between the City and the Participating Agencies stating the Parties’ intent to amend or supplement the Agreement. 14.3 Construction of Agreement. 14.3.1 Drafting of Agreement It is acknowledged that the City and the Participating Agencies, with the assistance of competent counsel, have participated in the drafting of this Agreement and that any ambiguity should not be construed for or against the City or any Participating Agency on account of such drafting. 14.3.2 Entire Agreement The City and each Participating Agency represent, warrant and agree that no promise or agreement not expressed herein has been made to them, that this Agreement contains the entire agreement between the Parties, that this Agreement supersedes any and all prior agreements or understandings between the Parties unless otherwise provided herein, and that the terms of this Agreement are contractual and not a mere recital; that in executing this Agreement, no Party is relying on any statement or representation made by the other Party, or the other Party’s representatives concerning the subject matter, basis or effect of this Agreement other than as set forth herein; and that each Party is relying solely on its own judgement and knowledge. -30- 60409.00001\30914102.16 14.3.3 Agreement Binding on All; No Third Party Beneficiaries This Agreement shall be binding upon and shall inure to the benefit of each of the Parties, and each of their respective successors, assigns, trustees or receivers. All the covenants contained in this Agreement are for the express benefit of each and all such Parties. This Agreement is not intended to benefit any third parties, and any such third party beneficiaries are expressly disclaimed. 14.3.4 Severability 14.3.4.1 Should any provision of this Agreement be held invalid or illegal, such invalidity or illegality shall not invalidate the whole of this Agreement, but, rather, the Agreement shall be construed as if it did not contain the invalid or illegal part, and the rights and obligations of the Parties shall be construed and enforced accordingly except to the extent that enforcement of this Agreement without the invalidated provision would materially and adversely frustrate either the City’s or a Participating Agency’s essential objectives set forth in this Agreement. 14.3.4.2 Should a court determine that one or more components of the allocation of costs set forth in this Agreement places the City or a Participating Agency in violation of Article XIII D, Section 6 of the California Constitution with respect to their ratepayers, such components shall no longer be of force or effect. In such an event, the City and the Participating Agencies shall promptly meet to renegotiate the violative component of the cost allocation to comply with Article XIII D, Section 6 of the California Constitution, and use the dispute resolution process in Article IX of this Agreement if an agreement cannot be reached through direct negotiation. 14.3.4.3 Should a state or federal agency provide a final, written determination that the method of allocating Pure Water Program Capital Improvement Costs under this Agreement violates the requirements of state or federal grants or loans which are, or will be, used to fund the wastewater components of the Pure Water Program, such allocation method will no longer be of any force or effect. In such an event, the Parties agree that the allocation of Pure Water Program Capital Improvement Costs attributable to the Metro System will be based on Strength and Flow as set forth in Section 3.4.1, and the allocation of Repurified Water Revenue and the Capital Expense Rate will be based on the Parties’ actual payments to fund the Pure Water Program Capital Improvement Costs attributable to the Metro System. The City and the Participating Agencies shall also promptly meet to negotiate an alternative cost allocation method that would comply with such grant or loan funding requirements. -31- 60409.00001\30914102.16 14.3.5 Choice of Law This Agreement shall be construed and enforced pursuant to the laws of the State of California. 14.3.6 Recognition of San Diego Sanitation District as Successor to Certain Parties. The Parties hereby acknowledge and agree that the San Diego County Sanitation District is a Participating Agency under this Agreement as the successor in interest to the Alpine Sanitation District, East Otay Mesa Sewer Maintenance District, Lakeside Sanitation District, Spring Valley Sanitation District, and Winter Gardens Sewer Maintenance District. 14.4 Declarations Re: Agreement. 14.4.1 Understanding of Intent and Effect of Agreement The Parties expressly declare and represent that they have read the Agreement and that they have consulted with their respective counsel regarding the meaning of the terms and conditions contained herein. The Parties further expressly declare and represent that they fully understand the content and effect of this Agreement and they approve and accept the terms and conditions contained herein, and that this Agreement is executed freely and voluntarily. 14.4.2 Warranty Regarding Obligation and Authority to Enter Into This Agreement Each Party represents and warrants that its respective obligations herein are legal and binding obligations of such Party, that each Party is fully authorized to enter into this Agreement, and that the person signing this Agreement hereinafter for each Party has been duly authorized to sign this Agreement on behalf of said Party. 14.5 Restrictions on Veto of Transfers and Acquisitions of Capacity Each Party understands and agrees that this Agreement governs its respective rights and responsibilities with respect to the subject matter hereto and specifically recognizes that with respect to the transfer and acquisition of Contract Capacity (Section 4.2) or the creation of New Contract Capacity for any Participating Agency (Article VII), no Participating Agency has a right to veto or prevent the transfer of capacity by and among other Participating Agencies or with the City, or to veto or prevent the creation or acquisition of capacity for another Participating Agency or Agencies, recognizing that by signing this Agreement each Participating Agency has expressly preapproved such actions. The sole right of a Participating Agency to object to any of the foregoing shall be through expression of its opinion to the Metro Commission and, where applicable, through exercise of its rights under the dispute resolution provisions of this Agreement. -32- 60409.00001\30914102.16 14.6 Right to Make Other Agreements Nothing in this Agreement limits or restricts the right of the City or the Participating Agencies to make separate agreements among themselves without the need to amend this Agreement, provided that such agreements are consistent with this Agreement. Nothing in this Agreement or Exhibit F limits or restricts the right of the City or the Participating Agencies to enter into separate agreements for the purchase or sale of Repurified Water produced by the Water Repurification System or sharing in City Water Utility PW Costs. Such agreements shall not affect the cost allocation and Metro System revenues delineated in Exhibit F. 14.7 Limitation of Claims Notwithstanding any longer statute of limitations in State law, for purposes of any claims asserted by the City or a Participating Agency for refunds of overpayments or collection of undercharges arising under this Agreement, the Parties agree that such refunds or collections shall not accrue for more than four years prior to the date that notice of such claim is received by the City or a Participating Agency. This also applies to any related adjustments to each Participating Agency’s share of net Metro System costs or revenues resulting from the resolution of such claims. The City and the Participating Agencies hereby waive any applicable statute of limitations available under State law that exceed four years. In no case shall the limitations period stated in this section begin to accrue until the date that the annual audit and year-end adjustment from which the claim arises are complete. 14.8 Counterparts This Agreement may be executed in counterparts. This Agreement shall become operative as soon as one counterpart hereof has been executed by each Party. The counterparts so executed shall constitute one Agreement notwithstanding that the signatures of all parties do not appear on the same page. SIGNATURES ON FOLLOWING PAGES -33- 60409.00001\30914102.16 IN WITNESS WHEREOF, the Parties have executed this Amendment and Restated Regional Wastewater Disposal Agreement as of the date first set forth above. CITY OF CHULA VISTA Approved as to Form: Name: Name: Title: Title: CITY OF CORONADO Approved as to Form: Name: Name: Title: Title: CITY OF DEL MAR Approved as to Form: Name: Name: Title: Title: CITY OF EL CAJON Approved as to Form: Name: Name: Title: Title: CITY OF IMPERIAL BEACH Approved as to Form: Name: Name: Title: Title: CITY OF LA MESA Approved as to Form: Name: Name: Title: Title: LEMON GROVE SANITATION DISTRICT Approved as to Form: Name: Name: Title: Title: CITY OF NATIONAL CITY Approved as to Form: Name: Name: Title: Title: -34- 60409.00001\30914102.16 OTAY WATER DISTRICT Approved as to Form: Name: Name: Title: Title: PADRE DAM MUNICIPAL WATER DISTRICT Approved as to Form: Name: Name: Title: Title: CITY OF POWAY Approved as to Form: Name: Name: Title: Title: CITY OF SAN DIEGO Approved as to Form: Name: Name: Title: Title: SAN DIEGO COUNTY SANITATION DISTRICT Approved as to Form: Name: Name: Title: Title: EXHIBIT A 60409.00001\30914102.16 EXHIBIT A METRO FACILITIES AS OF 6/27/18 Existing Facilities Pt. Loma Wastewater Treatment Plant Pt. Loma Ocean Outfall Pump Station #1 Pump Station #2 South Metro Interceptor North Metro Interceptor Metro Force Mains 1 & 2 Digested Sludge Pipeline North City Water Reclamation Plant Metro Biosolids Center (NCWR Plant Related Facilities) North City Tunnel Connector North City Raw Sludge Pipeline Centrate Pipeline Rose Canyon Parallel Trunk Sewer Second Rose Canyon Trunk Sewer East Mission Bay Trunk Sewer Morena Blvd. Interceptor South Bay Water Reclamation Plant Dairy Mart Road & Bridge Rehab Grove Avenue Pump Station Grove Avenue Pump Station Sewer Pipeline South Bay Raw Sludge Pipeline South Bay Land/Ocean Outfall1 Environmental Monitoring & Technical Services Laboratory Centrate Treatment Facility at Metropolitan Biosolids Center Metro Operations Center (Iv10C) Complex (based on annual facilities allocation) Additional Metro Facilities Note: The below listed facilities could be required as part of the Metro System for hydraulic capacity, good engineering practices and/or compliance with applicable law, rules or regulations, including OPRA, and the continuation of the City's waiver of applicable treatment standards at the Point Loma Wastewater Treatment Plant ("Waiver"). South Bay Sludge Processing Facility 1 The South Bay Land/Ocean Outfall is jointly owned by the International Boundary and Water Commission, U.S. Section (60.06%) and the City of San Diego (39.94%). The capacity of the City’s portion of the outfall as of the date of this Agreement is 74 MGD average dry weather flow, of which the Metro System has a capacity right to 69.2 MGD and the City as an exclusive right to 4.8 MGD. EXHIBIT A 60409.00001\30914102.16 South Bay Secondary Treatment Plant, Phase I (21 MGD) South Bay Secondary Sewers, Phase I Note: These facilities could be required as part of the Metro System for hydraulic capacity, good engineering practices, compliance with OPRA, and to maintain the City's Waiver. In the event that hydraulic capacity demands, or the obligations of OPRA (or its successor) or the terms of the City's Waiver change, these facilities may not be required or may be modified or supplemented, as appropriate, pursuant to the terms of this Agreement. South Bay Secondary Treatment Plant, Phase II (28 MGD) South Bay Secondary Sewers, Phase II Note: These facilities could be added to the Metro System as part of Phase I of the Pure Water Program. Expansion of North City Water Reclamation Plant Morena Pump Station EXHIBIT B 60409.00001\30914102.16 EXHIBIT B CONTRACT CAPACITIES Annual Average Daily Flow in Millions of Gallons Per Day Metro Agency Original Contract Capacity Additional Contract Capacity New Contract Capacity Transferred Contract Capacity Total Contract Capacity Percent of Total Chula Vista 19.843 1.021 0.000 0.000 20.864 8.182% Coronado 3.078 0.172 0.000 0.000 3.250 1.275% Del Mar 0.821 0.055 0.000 0.000 0.876 0.344% East Otay Mesa*0.000 0.000 0.000 1.000 1.000 0.392% El Cajon 10.260 0.655 0.000 0.000 10.915 4.280% Imperial Beach 3.591 0.164 0.000 0.000 3.755 1.473% La Mesa 6.464 0.359 0.000 0.170 6.993 2.742% Lakeside-Alpine*4.586 0.255 0.000 0.000 4.841 1.898% Lemon Grove 2.873 0.154 0.000 0.000 3.027 1.187% National City 7.141 0.346 0.000 0.000 7.487 2.936% Otay 1.231 0.056 0.000 0.000 1.287 0.505% Padre Dam 6.382 0.343 0.000 (0.500) 6.225 2.441% Poway 5.130 0.264 0.000 0.500 5.894 2.312% Spring Valley/ Otay Ranch* 10.978 0.545 0.000 (1.170) 10 .353 4.060% Wintergardens*1.241 0.068 0.000 0.000 1.309 0.513% Subtotal 83.619 4.459 0.000 0.000 88.078 34.540% EXHIBIT B 60409.00001\30914102.16 Metro Agency Original Contract Capacity Additional Contract Capacity1 New Contract Capacity2 Transferred Contract Capacity3 Total Contract Capacity Percent of Total San Diego 156.381 10.541 0.000 0.000 166.922 65.460% Total 240.000 15.000 0.000 0.000 255.000 100.00% * Indicates a sub-area of the San Diego County Sanitation District. 1.Additional Contract Capacity is capacity allocated pursuant to Section 4.3.1 of the Agreement. 2.New Contract Capacity is capacity obtained pursuant to Section 6 of the Agreement. 3.Transferred Contract Capacity is capacity obtained pursuant to Section 4.2 of the Agreement. EXHIBIT C 60409.00001\30914102.16 EXHIBIT C ADMINISTRATIVE PROTOCOL ON ALLOCATION OF OPERATING RESERVES AND DEBT SERVICE COVERAGE TO PARTICIPATING AGENCIES EXHIBIT D 60409.00001\30914102.16 EXHIBIT D NOTICE LISTING City Manager City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91919 Phone: (619) 691-5031 Fax: (619) 585-5612 City Manager City of La Mesa 8130 Allison Avenue La Mesa, CA 91942 Phone: (619) 667-1101 Fax: (619) 462-7528 Chief Operating Officer City of San Diego 202 “C” Street San Diego, CA 92101 Phone: (619) 236-5949 Fax: (619) 236-6067 City Manager City of Coronado 1825 Strand Way Coronado, CA 92113 Phone: (619) 522-7335 Fax: (619) 522-7846 City Manager City of Lemon Grove 3232 Main Street Lemon Grove, CA 91945 Phone: (619) 464-6934 Fax: (619) 460-3716 Chief Administrative Officer County of San Diego 1600 Pacific Highway, Rm. 209 San Diego, CA 92101 Phone: (619) 531-5250 Fax: (619) 557-4060 City Manager City of Del Mar 1050 Camino Del Mar Del Mar, CA 92014 Phone: 755-9313 ext. 25 Fax: 755-2794 City Manager City of National City 1243 National City Blvd. National City, CA 91950 Phone: (619) 336-4240 Fax: (619) 336-4327 General Manager Otay Water District 2554 Sweetwater Springs Blvd. Spring Valley, CA 91977 Phone: (619) 670-2210 Fax: (619) 670-2258 City Manager City of El Cajon 200 Civic Center Way El Cajon, CA 92020 Phone: (619) 441-1716 Fax: (619) 441-1770 City Manager City of Poway 13325 Civic Center Drive Poway, CA 92064 Phone: (858) 679-4200 Fax: (858) 679-4226 General Manager Padre Dam Municipal Water District 9300 Fanita Pkwy Santee, CA 92071 Phone: (619) 258-4610 Fax: (619) 258-4794 City Manager City of Imperial Beach 825 Imperial Beach Blvd. Imperial Beach, CA 91932 Phone: (619) 423-8300 ext. 7 Fax: (619) 429-9770 EXHIBIT E 60409.00001\30914102.16 EXHIBIT E RECLAIMED WATER DISTRIBUTION SYSTEM October 23, 2018 Version 60409.00001\30398144.16 EXHIBIT F PURE WATER PROGRAM COST ALLOCATION AND REVENUES As part of the Pure Water Program, the City intends to modify the North City Water Reclamation Plant (a Metro System facility) and expand its capacity to 52 mgd. In addition, the City intends to construct the North City Pure Water Facility on a nearby site to produce Repurified Water. This Exhibit F sets forth the costs and revenues associated with the Pure Water Program which are, or are not, attributable to the Metro System. I.Costs Excluded from Metro System Costs All of the following Pure Water Program costs, including Capital Improvement Costs, Operation and Maintenance Costs, and other related costs (including administration, insurance, claims, and overhead) are excluded as Metro System Costs for purposes of calculating the annual Sewer System Charge, and shall be the responsibility of City’s water utility (“City Water Utility PW Costs”), unless otherwise expressly agreed to pursuant to an amendment to this Exhibit F: 1.1 General Exclusions. 1.1.1 Costs of the Water Repurification System and any Metro System facilities to the extent constructed, modified, expanded, or used for the purpose of treating water beyond secondary treatment (ocean discharge standard under current law). This shall include costs for preliminary treatment, primary treatment, and secondary treatment to the extent such costs are higher than they would otherwise be due to the production of Repurified Water. 1.1.2 Costs for fail-safe disposal, if necessary, for design capacity for Repurified Water, including, but not limited to, any costs associated with the reservation of capacity at the Point Loma Wastewater Treatment Plant. 1.1.3 Costs for the demolition or replacement of existing Metro System facilities with similar facilities for the purpose of making space available for Water Repurification System facilities. Such costs may take into account the current asset value or market value of the existing Metro System facility. 1.2 Cost Exclusions Specific to North City Water Reclamation Plant Improvements. 1.2.1 Costs for increased aeration tank volume to the extent the new volume exceeds the amount necessary to provide 52 mgd capacity. Determination of sizing to provide 52 mgd capacity shall be based on the current tank volume necessary to provide 30 mgd capacity. 1.2.2 Costs for the methanol feed system. 1.2.3 Costs for brine disposal, including, but not limited to, pump stations, pipelines, retreatment, ocean outfall, and monitoring. 60409.00001\30398144.16 2 1.2.4 Costs for the use of existing tertiary water filters for Repurified Water purposes. Such costs may take into account the depreciated value of such filters, or use such other appropriate valuation method as agreed by the City and authorized representatives of the Metro Commission. (Costs under this section shall be reimbursed or credited by City’s water utility to the Metro System.) II.North City Water Reclamation Plant Improvement Costs Included as Metro System Costs Notwithstanding the above exclusions, the City and the Participating Agencies have specifically agreed that the following Capital Improvement Costs and Operation and Maintenance Costs related to North City Water Reclamation Plant improvements shall be included as Metro System Costs for purposes of calculating the annual Sewer System Charge (and therefore not qualify as City Water Utility PW Costs): 2.1 Costs for chemically enhanced primary treatment for up to 52 mgd capacity. 2.2 Costs for primary effluent equalization for up to 52 mgd capacity. 2.3 Costs for increased volume of aeration tanks that will provide up to, but not exceeding, 52 mgd capacity. Determination of sizing to provide 52 mgd capacity shall be based on the current tank volume necessary to provide 30 mgd capacity. 2.4 Costs to add secondary clarifier tanks sufficient for up to 52 mgd capacity. 2.5 Costs for wastewater conveyance facilities to provide wastewater for replacement of centrate flows that cannot be treated at the North City Water Reclamation Plant due to the production of Repurified Water. 2.6 Costs for treatment and conveyance of all return flows (micro-filtration and tertiary backwash) based on Flow, COD, and SS. III.Cost Allocation Example Attachment 1 is an example of the City’s Pure Water Phase I Cost Estimate (based on 60% design), and indicates which costs are City Water Utility PW Costs and which costs are attributable to the Metro System. The Parties agree that Attachment 1 is an illustrative document to assist the Parties in the future and is not a comprehensive list of all such costs. If there is any conflict between this Exhibit F and Attachment 1, or if a specific cost is not addressed in Attachment 1, this Exhibit F shall control. IV.Revenue Sharing for Repurified Water 4.1 Background. Initially, the parties anticipate that the cost per acre foot associated with the production of Repurified Water will be more expensive than the cost per acre foot of untreated imported water. However, it is anticipated that Repurified Water produced under the Pure Water Program will be less expensive than untreated imported water sometime in the future. Once Repurified Water produced under the Pure Water Program becomes less expensive 60409.00001\30398144.16 3 than the cost of untreated imported water, the parties agree that there will be revenue from the Pure Water Program. 4.2 Calculation. Revenue sharing shall occur in each fiscal year during which the annual cost per acre foot associated with the production of Repurified Water is less than the cost of untreated water per acre foot from the San Diego County Water Authority (“CWA”). The annual cost difference shall be known as “Repurified Water Revenue.” Repurified Water Revenue shall be determined as follows: Attachment 2 is a summary of billings from CWA showing fixed and variable costs for untreated water. The Parties agree that Attachment 2 shall be referred to by the Parties in the future in determining how costs for water delivered at Miramar Reservoir are calculated. If no untreated water is delivered at Miramar Reservoir in a given year, then the closest point of delivery of untreated water to the City shall be used. The City shall estimate whether there will be Repurified Water Revenue in the upcoming fiscal year prior to January 15 of each year, and the estimated amount of Repurified Water Revenue shall be effective on July 1 of the upcoming fiscal year. 4.3 Revenue Sharing. Repurified Water Revenue shall initially be shared based on the relative actual Capital Improvement Costs for the Pure Water Program contributed by City’s Water Utility and the Metro System. Such Capital Improvement Cost contributions are currently estimated as (61% City Water Utility and 39% Metro System) until the debt attributable to the Metro System is fully paid. Following full payment of debt attributable to the Metro System, Repurified Water Revenue shall be shared based on the relative actual Operation and Maintenance Costs for Pure Water Program facilities contributed by City’s Water Utility and the Metro System, calculated Annual cost per acre foot of CWA untreated water purchased by the City for delivery at Miramar Reservoir (which shall be determined based on the total of certain fixed and variable costs for water actually billed to the City by CWA for water delivered at Miramar Reservoir in a fiscal year, divided by the number of acre-feet of CWA water delivered at Miramar Reservoir that year) less Annual cost per acre foot of City Water Utility PW Costs (which shall be determined based on total annual City Water Utility PW Costs divided by the number of acre-feet of Repurified Water actually produced in that year) multiplied by The number of acre feet of Repurified Water produced by Pure Water Program facilities during the applicable fiscal year. 60409.00001\30398144.16 4 annually. Such Operation and Maintenance Costs are currently estimated as (76% City Water Utility and 24% Metro System) on an annual basis. 4.4 Year-End Adjustment. At the end of each fiscal year during which there is Repurified Water Revenue, the City shall determine the actual cost per acre foot of CWA untreated water purchased by the City, the actual cost per acre foot of City Water Utility PW costs, and the actual amount of Repurified Water produced at Pure Water Program facilities. Based on the actual cost and production information, the City will recalculate the Repurified Water Revenue for the prior fiscal year. The City will credit any future charges or bill for any additional amounts due the quarter after the prior year costs have been audited. 4.5 Change in Potable Reuse Method. The parties acknowledge that the Pure Water Program will initially use the surface water augmentation method of potable reuse. The use of CWA untreated water costs in calculating Repurified Water Revenue is intended to provide an appropriate point of comparison to costs for producing Repurified Water that will be introduced into surface water. The parties agree that if the City implements direct potable reuse (in which Repurified Water is introduced directly into a water supply pipeline or facility), the parties shall meet and negotiate in good faith regarding an amendment to this Exhibit F to appropriately update the formula for Repurified Water Revenue. V.Capital Expense Rate 5.1 Background. The Point Loma Wastewater Treatment Plant operates under a National Pollutant Discharge Elimination System (“NPDES”) permit modified under section 301(h) & (j)(5) of the Clean Water Act. If such modified permit were ever revoked or not renewed, the parties agree that, under current law, the City would have an obligation to upgrade the Point Loma WTP to secondary treatment. The parties further agree that $1.8 billion is a fair and comprehensive estimation of the costs that could be incurred by the Metro System to meet the legal requirements related to the Metro System under current law. The estimate of $1.8 billion is based on the net present value of the capital cost to develop 180 MGD of secondary treatment at Point Loma WTP as of November 15, 2018. Therefore, the parties agree that $1.8 billion represents the maximum amount of Capital Improvement Costs that the Metro System should be obligated to contribute to the Pure Water Program, the purpose of which is not solely the disposal of wastewater, but also the production of Repurified Water. The parties agree that this $1.8 billion maximum contribution should apply whether or not the Point Loma WTP is actually upgraded to secondary treatment to meet legal requirements in the future because, as of the date of the Agreement, the parties have the option of upgrading the Point Loma WTP to full secondary treatment for the cost of approximately $1.8 billion. In light of the above, the parties have agreed that if Metro System costs related to the Pure Water Program exceed the $1.8 billion, City’s Water Utility will pay a charge for each acre foot of secondary treated effluent produced by Metro System facilities and used for the production of Repurified Water. 5.2 Capital Expense Rate. Under the circumstances described below, City’s Water 60409.00001\30398144.16 5 Utility shall pay a charge (“Capital Expense Rate”) for each acre-foot of secondary treated effluent produced by Metro System facilities and used for the production of Repurified Water. City’s Water Utility shall pay the Capital Expense Rate if the following costs alone, or in combination, exceed $1.8 billion (which amount shall be adjusted for inflation): (a) the sum of all Capital Improvement Costs and associated debt attributable to the Metro System components of the Pure Water Program under this Exhibit F; and/or (b) the sum of all Capital Improvement Costs and associated debt for the full or partial upgrading of the Point Loma Wastewater Treatment Plant to secondary treatment. Notwithstanding the above, the Capital Expense Rate shall not apply if the Point Loma WTP is actually upgraded to secondary treatment (or beyond) due to: (a) a change in federal or state statutory law making it necessary to upgrade the Point Loma WTP to comply with such new discharge standard; or (b) a final decision by a state or federal court or a federal administrative agency of competent jurisdiction that an NPDES permit modified under section 301(h) & (j)(5) of the Clean Water Act is thereby revoked or denied renewal due to a finding that the discharge from the Point Loma WTP violates anti-degradation rules or regulations promulgated under section 403 of the Clean Water Act. 5.3 Calculation of Capital Expense Rate. The amount per acre-foot of the Capital Expense Rate shall be determined as follows: The City shall estimate whether the Capital Expense Rate shall apply to the upcoming fiscal year (and its amount) prior to January 15 of each year, and the estimated amount of the Capital Expense Rate shall be effective on July 1 of the upcoming fiscal year. The sum of all Capital Improvement Costs and associated debt attributable to (i) the Metro System components of the Pure Water Program under this Exhibit F and (ii) upgrading of the Point Loma WTP to secondary treatment (if any) less $1.8 billion, as adjusted for inflation each July 1 (starting on July 1, 2019) to reflect the annual percentage change in the Engineering News Record – Los Angeles construction cost index multiplied by 1.42 (which estimates the total interest on a 30-year State Revolving Fund loan with an interest rate of 2.5%) and divided by The total number of acre feet per year of secondary treated effluent that is expected to be produced by Metro System facilities for the production of Repurified Water over a period of thirty (30) years. 60409.00001\30398144.16 6 For purposes of this Article V of Exhibit F, Capital Improvement Costs and associated debt shall include such costs incurred by the Metro System prior to the effective date of the Agreement. 5.4 Year-End Adjustment At the end of each fiscal year during which the Capital Expense Rate applies, the City shall determine the actual Capital Improvement Costs and associated debt attributable to the Metro System components of the Pure Water Program under this Exhibit F and any upgrading of the Point Loma WTP to secondary treatment, the then-applicable interest amount for outstanding loans for the Metro System components of the Pure Water Program and Point Loma WTP upgrades, and the actual amount of secondary treated effluent produced by Metro System facilities and used for the production of Repurified Water. Based on the actual cost, interest, and effluent information, the City will recalculate the Capital Expense Rate for the prior fiscal year. The City will credit any future charges or bill for any additional amounts due the quarter after the prior year costs have been audited. 5.5 Duration; Expiration The duration and expiration of the Capital Expense Rate is set forth in Section 13.4 of the Agreement. 60409.00001\30398144.16 ATTACHMENT 1 – PURE WATER PHASE I COST ESTIMATE Note: The above estimates are based on 60% design of Phase I of the Pure Water Program. EXHIBIT G 60409.00001\30914102.16 EXHIBIT G PURE WATER CAPITAL BILLING TABLE STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: January 2, 2019 SUBMITTED BY: Dan Martin Assistant Chief of Engineering PROJECT: Various DIV. NO. ALL APPROVED BY: Rod Posada, Chief, Engineering Mark Watton, General Manager SUBJECT: Informational Item – First Quarter Fiscal Year 2019 Capital Improvement Program Report GENERAL MANAGER’S RECOMMENDATION: No recommendation. This is an informational item only. COMMITTEE ACTION: Please see Attachment A. PURPOSE: To update the Board about the status of all CIP project expenditures and to highlight significant issues, progress, and milestones on major projects. ANALYSIS: To keep up with growth and to meet our ratepayers' expectations to adequately deliver safe, reliable, cost-effective, and quality water, each year the District staff prepares a Six-Year CIP Plan that identifies the District’s infrastructure needs. The CIP is comprised of four categories consisting of backbone capital facilities, replacement/renewal projects, capital purchases, and developer's reimbursement projects. The First Quarter Fiscal Year 2019 update is intended to provide a detailed analysis of progress in completing these projects within the allotted time and budget of $24.52 million. Expenditures through the First Quarter totaled approximately $4.13 million. Approximately 17% of the Fiscal Year 2019 expenditure budget was spent (see Attachment B). FISCAL IMPACT: Joe Beachem, Chief Financial Officer No fiscal impact as this is an informational item only. STRATEGIC GOAL: This Project supports the District’s Mission statement, “To provide exceptional water and wastewater service to its customers, and to manage District resources in a transparent and fiscally responsible manner” and the General Manager’s Vision, "To be a model water agency by providing stellar service, achieving measurable results, and continuously improving operational practices." LEGAL IMPACT: None. DM/RP:jf P:\Forms\D-Construction\CIP Quarterly Reports\CIP Qtr Reports\FY 2019\Q1\Staff Report\BD 01-02-19 Staff Report First Quarter FY 2019 CIP Report (DM-RP).docx Attachments: Attachment A – Committee Action Attachment B - Fiscal Year 2019 First Quarter CIP Expenditure Report Attachment C – Presentation ATTACHMENT A SUBJECT/PROJECT: VARIOUS Informational Item – First Quarter Fiscal Year 2019 Capital Improvement Program Report COMMITTEE ACTION: The Engineering, Operations, and Water Resources Committee (Committee) reviewed this item at a Committee Meeting held on December 4, 2018. The Committee supported Staff’s recommendation. NOTE: The “Committee Action” is written in anticipation of the Committee moving the item forward for Board approval. This report will be sent to the Board as a Committee approved item, or modified to reflect any discussion or changes as directed from the Committee prior to presentation to the full Board. FISCAL YEAR 2019 1ST QUARTER REPORT (Expenditures through 9/30/2018)($000) ATTACHMENT B 2019 09/30/18 CIP No.Description Project Manager FY 2019 Budget Expenses Balance Expense to Budget %Budget Expenses Balance Expense to Budget %Comments CAPITAL FACILITY PROJECTS - P2040 Res - 1655-1 Reservoir 0.5 MG Cameron 5$ 13$ (8)$ 260%3,400$ 545$ 2,855$ 16% Expenditures for this Fiscal Year are to update the Environmental documents. Expenses are within project budget. P2382 Safety and Security Improvements Payne 224 14 210 6%3,251 3,086 165 95%Will be completed and closed by end Q4 FY 2019. P2405 PL - 624/340 PRS, Paseo Ranchero and Otay Valley Road Cameron 5 - 5 0%650 - 650 0% This project is tied to P2553 and is driven by the City of Chula Vista. Construction is scheduled for FY 2022. P2451 Otay Mesa Desalination Conveyance and Disinfection System Kennedy 10 - 10 0%3,975 3,821 154 96% EIR/EIS complete and Presidential permit issued. Continue meetings with DDW and AdR. P2453 SR-11 Utility Relocations Marchioro 25 16 9 64%4,000 1,869 2,131 47% Schedule driven by Caltrans. Caltrans scheduled to bid work Q3 FY 2019. Completion of construction anticipated for FY 2021. P2460 I.D. 7 Trestle and Pipeline Demolition Beppler 20 - 20 0%600 5 595 1% Demolition proposed for FY 2020, environmental consultant services to be obtained in Q3 of FY 2019 P2485 SCADA - Infrastructure and Communications Replacement Kerr 162 29 133 18%2,428 2,055 373 85% On track; slightly more budget used because of PLC cost. P2494 Multiple Species Conservation Plan Coburn-Boyd 50 1 49 2%1,000 912 88 91% The majority of this budget will be used in the remaining quarters of FY 2019. P2500 Padre Dam - Otay Interconnection Dehesa Valley Marchioro 5 - 5 0%140 - 140 0% Project is driven by Padre Dam pipeline extension to District boundary. P2504 Regulatory Site Access Road and Pipeline Relocation Cameron 5 - 5 0%354 331 23 94%Project is driven by County Fire. P2516 PL - 12-Inch, 640 Zone, Jamacha Road - Darby/Osage Marchioro - - - 0%900 - 900 0% No expenditures anticipated in FY 2019. Completion of construction anticipated FY 2024. P2521 Large Meter Vault Upgrade Program Carey 25 - 25 0%620 307 313 50% On track. Staff will be using the rest of the year to upgrade and fix various large meter vaults throughout the District. P2547 District Administration Vehicle Charging Stations Cameron 5 - 5 0%125 72 53 58%The project is complete and in the warranty period. P2553 Heritage Road Bridge Replacement and Utility Relocation Cameron 80 2 78 3%1,430 28 1,402 2% Project is in the Planning stage. Project is driven by the City of Chula Vista's schedule for replacement. Construction is scheduled for FY 2022. P2571 Datacenter Network- Data, Storage, and Infrastructure Enhancements Kerr 100 - 100 0%200 - 200 0% Procured both hardware and implentation cost for new District Firewall and other security enhancements; remaining balance for CIP is $100K. Will initiaite the second phase of project/CIP next fiscal year. P2572 Enterprise Resource Planning (ERP) Replacement Kerr - - - 0%500 - 500 0%Project set to start in FY 2021. P2584 Res - 657-1 and 657-2 Reservoir Demolitions Marchioro - - - 0%1 - 1 0% No expenditures anticipated in FY 2019. These reservoirs are scheduled to be removed at the end of their useful life. P2608 PL - 8-inch, 850 Zone, Coronado Ave, Chestnut/Apple Cameron 40 - 40 0%450 - 450 0%Consultant to be selected in Q2 for design. P2611 Quarry Road Bridge Replacement and Utility Relocation Cameron 10 6 4 60%1,000 18 982 2% Project is in the early Planning stage. Project is driven by County's schedule for replacement. P2612 PL - 12-inch, 711 Zone, Pas de Luz/Telegraph Canyon Rd Cameron 10 - 10 0%500 1 499 0%Consultant to be selected in Q2 for design. P2614 485-1 Reservoir Interior/Exterior Coating Cameron - - - 0%895 - 895 0%No expenditures in FY 2019. P2617 Lobby Security Enhancements Payne 145 - 145 0%150 1 149 1%Lobby Access doors will be secured Q3 FY 2019. P2619 PS - Temporary Lower Otay Pump Station Redundancy Marchioro 200 44 156 22%1,800 142 1,658 8% Delivery of redundant trailer and construction contract award to install redundant trailer scheduled for July 2019. Completion of construction anticipated FY 2020. Project on track. P2623 Central Area to Otay Mesa Interconnection Pipelines Combination Air/Vacuum Valve Replacements Marchioro 130 101 29 78%270 202 68 75% Construction completed FY 2019 Q1. Project one year warranty scheduled to complete in FY 2020 Q1. P2630 624-3 Reservoir Automation of Chemical Feed System Cameron 5 - 5 0%385 - 385 0%Budget for early planning. P2635 Vista Diego Hydropneumatic Tank Replacement Marchioro 10 - 10 0%400 - 400 0% No expenditures anticipated in FY 2019. Commencement of planning and design phase pending coordination with P2640. P2636 980-2 PS Surge Tank Interior/Exterior Coating Cameron 150 3 147 2%175 3 172 2%Expenditures expected late in Q2. P2637 Survey Division Field GPS Equipment Replacement O'Donnell 35 35 - 100%35 35 - 100%Equipment purchased in FY 2019 Q1. P2638 Buildings and Grounds Refurbishments Payne 57 - 57 0%114 - 114 0%Admin Building paint and grounds FY 2019 Q3. P2639 Vista Diego Hydropneumatic Pump Station Replacement Marchioro 5 - 5 0%175 - 175 0% No expenditures anticipated in FY 2019. Commencement of planning and design phase pending coordination with P2640. P2640 Portable Trailer Mounted VFD Pumps Marchioro 30 15 15 50%400 15 385 4% Board award for purchase order to procure trailer anticipated Q4 FY 2019. Project on track. FISCAL YEAR-TO-DATE, 09/30/18 LIFE-TO-DATE, 09/30/18 P:\Forms\D-Construction\CIP Quarterly Reports\CIP Qtr Reports\FY 2019\Q1\Expenditures\Copy of FY19 1st qtr exp.xlsx Page 1 of 4 11/15/2018 FISCAL YEAR 2019 1ST QUARTER REPORT (Expenditures through 9/30/2018)($000) ATTACHMENT B 2019 09/30/18 CIP No.Description Project Manager FY 2019 Budget Expenses Balance Expense to Budget %Budget Expenses Balance Expense to Budget %Comments FISCAL YEAR-TO-DATE, 09/30/18 LIFE-TO-DATE, 09/30/18 P2641 Rancho Jamul Hydropneumatic Tank Replacement Marchioro 1 - 1 0%300 - 300 0% No expenditures anticipated in FY 2019. Commencement of planning and design phase pending coordination with P2040 and P2640. P2642 Rancho Jamul Pump Station Replacement Marchioro 5 - 5 0%2,500 - 2,500 0% No expenditures anticipated in FY 2019. Completion of construction anticipated FY 2024. P2643 980-1 Pump Station Surge Tanks Replacement Marchioro - - - 0%350 - 350 0% No expenditures anticipated in FY 2019. Completion of construction anticipated FY 2024. P2644 803-1 Pump Station Surge Tank Replacement Marchioro - - - 0%350 - 350 0% No expenditures anticipated in FY 2019. Completion of construction anticipated FY 2024. P2645 Rolling Hills Hydropneumatic Tank Interior/Exterior Coating Cameron 5 - 5 0%225 - 225 0%Budget for early planning. P2646 North District Area Cathodic Protection Improvements Marchioro - - - 0%800 - 800 0% No expenditures anticipated in FY 2019. Completion of construction anticipated FY 2024. P2647 Central Area Cathodic Protection Improvements Marchioro - - - 0%1,000 - 1,000 0% No expenditures anticipated in FY 2019. Completion of construction anticipated FY 2023. P2648 Otay Mesa Area Cathodic Protection Improvements Marchioro 40 - 40 0%400 - 400 0% Advanced planning work will begin FY 2019 Q3. Design scheduled for FY 2020. P2649 HVAC Equipment Purchase Payne 21 10 11 48%130 10 120 8%Multi year; Operation replacement FY 2019 Q3. R2110 RecPS - 944-1 Optimization and Pressure Zone Modifications Marchioro 25 10 15 40%200 148 52 74% Pressure reducing station work completed underbudget FY 2019 Q1. Project on track. R2116 RecPL - 14-Inch, 927 Zone, Force Main Improvements Marchioro 24 10 14 42%2,159 2,134 25 99% Construction completed FY 2018 Q3. Project one year warranty scheduled to complete in FY 2019 Q3. R2118 Steele Canyon Sewer PS Large Solids Handling Improvements Beppler 105 2 103 2%150 36 114 24% Project bid in FY 2019 Q1; to be awarded in FY 2019 Q2; and work to be performed in FY 2019 Q3. Budget to be increased to $175K with award of contract. R2120 RWCWRF Filtered Water Storage Tank Improvements Beppler 50 - 50 0%500 29 471 6%Construction scheduled for FY 2020. R2123 Repurpose Otay Mesa Recycled Water Lines Beppler 5 - 5 0%350 - 350 0%Planning work to begin in FY 2019 Q3. R2125 RecPRS - 927/680 PRS Improvements, Otay Lakes Road Marchioro 45 6 39 13%200 9 191 5% Planning on track for completion FY 2019. Completion of design and construction phases anticipated FY 2020. R2146 Recycled Pipeline Cathodic Protection Improvements Marchioro 20 - 20 0%600 - 600 0% Planning phase scheduled to begin late FY 2019. Completion of construction anticipated FY 2022. R2149 680-1R PS Surge Tank Interior/Exterior Coating Cameron 5 - 5 0%175 - 175 0%Budget for early planning. R2150 RWCWRF - Secondary Chlorine Analyzer and Feed System Beppler 40 5 35 13%45 5 40 11% Design completed in FY 2019 Q1. Work to be completed by FY 2019 Q4. S2012 San Diego County Sanitation District Outfall and RSD Outfall Replacement Beppler 50 - 50 0%1,800 1,111 689 62% This CIP reimburses the County for work on transportation pipeline rehabilitation, dependent upon County scheduling. S2027 Rancho San Diego Pump Station Rehabilitation Beppler 5 1 4 20%3,500 3,050 450 87% Construction completed in FY 2019 Q1. Final budget adjustment with County to be confirmed in FY 2019 Q2. S2043 RWCWRF Sludge Handling System Beppler 5 - 5 0%51 40 11 78% Review draft report with latest Metro cost projections that include Pure Water Phase 1 spending to confirm assumptions during FY 2019 Q3. S2047 Asset Management - Info Master Sewer Implementation Zhao 28 - 28 0%58 38 20 66% No expenditures in FY 2019. Project start has been moved to FY 2020. S2061 RWCWRF Aeration Controls Consolidation & Optimization Upgrades (S)Beppler 10 - 10 0%190 - 190 0% Prepare scope of work in FY 2019 Q4 after aeration panels replacement and confirmation of aeration system operation. S2065 RWCWRF - TOC Monitor Beppler 30 23 7 77%30 23 7 77% Monitor purchased in FY 2019 Q1; installation to be performed in FY 2019 Q2. S2067 RWCWRF Roofing Replacement and Natural Light Enhancement Payne 20 - 20 0%165 - 165 0%Anticipate completion early FY 2019 Q4. Total Capital Facility Projects Total:2,087 346 1,741 17%46,551 20,081 26,470 43% REPLACEMENT/RENEWAL PROJECTS P2083 PS - 870-2 Pump Station Replacement Marchioro 7,900 1,400 6,500 18%18,950 7,757 11,193 41%Construction on track for completion in FY 2020 Q2. P2174 PS - 1090-1 Pump Station Replacement (400 gpm)Marchioro 150 3 147 2%2,500 8 2,492 0% Design scheduled for FY 2020. Advanced planning work will begin FY 2019 Q3 pending coordination with P2640. P2400 PL - 20-Inch Pipeline Replacement, 711 Zone, Otay Lakes Road - at Santa Paula Marchioro - - - 0%2,280 - 2,280 0%Planning phase scheduled for FY 2020. P2507 East Palomar Street Utility Relocation Cameron 5 3 2 60%735 728 7 99%Waiting for reimbursement from Caltrans. P2508 Pipeline Cathodic Protection Replacement Program Marchioro 542 9 533 2%1,250 732 518 59%Construction on track for completion in FY 2019 Q3. P2529 711-2 Reservoir Interior & Exterior Coating Cameron 5 4 1 80%820 807 13 98%Budget is for warranty repairs; scheduled for Q3. P2530 711-1 Reservoir Interior & Exterior Coating Cameron 5 3 2 60%980 957 23 98%Budget is for warranty repairs; scheduled for Q3. P:\Forms\D-Construction\CIP Quarterly Reports\CIP Qtr Reports\FY 2019\Q1\Expenditures\Copy of FY19 1st qtr exp.xlsx Page 2 of 4 11/15/2018 FISCAL YEAR 2019 1ST QUARTER REPORT (Expenditures through 9/30/2018)($000) ATTACHMENT B 2019 09/30/18 CIP No.Description Project Manager FY 2019 Budget Expenses Balance Expense to Budget %Budget Expenses Balance Expense to Budget %Comments FISCAL YEAR-TO-DATE, 09/30/18 LIFE-TO-DATE, 09/30/18 P2531 944-1 Reservoir Interior & Exterior Coating Cameron 5 - 5 0%345 321 24 93%Budget is for warranty repairs; scheduled for Q3. P2532 944-2 Reservoir Interior & Exterior Coating Cameron 5 - 5 0%960 940 20 98%Budget is for warranty repairs; scheduled for Q3. P2533 1200-1 Reservoir Interior & Exterior Coating Cameron 5 - 5 0%810 7 803 1%Budget for early planning. P2534 978-1 Reservoir Interior & Exterior Coating Cameron 5 1 4 20%650 595 55 92% Construction completed FY 2018. Project is in the two year warranty period. P2535 458-2 Reservoir Interior & Exterior Coating & Upgrades Cameron 5 - 5 0%810 780 30 96%Budget is for warranty repairs; scheduled for Q3. P2539 South Bay Bus Rapid Transit (BRT) Utility Relocations Cameron 45 10 35 22%1,090 937 153 86% Project is driven by SANDAG. Expenditures within overall project budget. P2543 850-1 Reservoir Interior/Exterior Coating Cameron 5 1 4 20%875 9 866 1%Budget for early planning. P2544 850-2 Reservoir Interior/Exterior Coating Cameron 5 9 (4) 180%980 829 151 85% Construction completed FY 2018. Project is in the two year warranty period. P2545 980-1 Reservoir Interior Exterior Coating Cameron 5 5 - 100%1,215 1,193 22 98%Budget is for warranty repairs; scheduled for Q3. P2546 980-2 Reservoir Interior/Exterior Coating Cameron 695 276 419 40%1,690 1,621 69 96% More work was completed in FY 2018 Q4 than anticipated. Expenditures within budget. Project expected to be accepted in FY 2019 Q2. P2555 Administration and Operations Parking Lot Improvements Cameron 25 17 8 68%985 600 385 61% Phase II construction expenditures were expected to be completed in FY 2018, but the Contractor was delayed by an unresponsive sub-contractor. Expenditures for FY 2019 wil be over the FY budget, but all expenditures will be within the CIP budget. P2557 520 Res Recirculation Pipeline Chemical Supply and Analyzer Feed Replacement Project Beppler 60 6 54 10%125 66 59 53% Purchase of materials and construction started. Project to be completed by OPS staff in FY 2019 Q3. P2561 Res - 711-3 Reservoir Cover/Liner Replacement Marchioro 2,195 21 2,174 1%2,300 73 2,227 3%Construction on track for completion in FY 2019 Q3. P2562 Res - 571-1 Reservoir Cover/Liner Replacement Marchioro 170 44 126 26%2,900 2,706 194 93% As part of the larger 870-2 Pump Station project, the 571-1 Reservoir was placed back into service April 2018. P2563 Res - 870-1 Reservoir Cover/Liner Replacement Marchioro 1 - 1 0%1,000 3 997 0% Replacement scheduled for FY 2022 to coincide with completion of new 870-2 Pump Station. Existing cover/liner materials analyzed by laboratory in FY 2017 suggested sufficient remaining life. P2565 803-2 Reservoir Interior/Exterior Coating & Upgrades Cameron 755 27 728 4%1,000 27 973 3% Construction to begin in late Q2. Project is on schedule. P2566 520-2 Reservoir Interior/Exterior Coating & Upgrades Cameron 10 - 10 0%1,500 - 1,500 0%Budget for early planning. P2567 1004-2 Reservoir Interior/Exterior Coating & Upgrades Cameron - - - 0%905 - 905 0%No expenditures for FY 2019. P2573 PL - 12-Inch Pipeline Replacement, 803 Zone, Hillsdale Road Beppler 150 236 (86) 157%2,580 2,566 14 99%Construction completed in FY 2019 Q1. P2574 PL - 12-Inch Pipeline Replacement, 978 Zone, Vista Vereda Beppler 500 71 429 14%2,000 396 1,604 20% Project bid in FY 2019 Q1 with contract to be awarded in FY 2019 Q2 and construction to start in FY 2019 Q3. P2578 PS - 711-2 (PS 711-1 Replacement and Expansion) - 14,000 gpm Marchioro - - - 0%10,000 - 10,000 0% Replacement scheduled for FY 2023-2024 to coincide with development of Villages 4, 8, 9, & 3. P2593 458-1 Reservoir Interior/Exterior Coating & Upgrades Cameron - - - 0%840 - 840 0%No expenditures for FY 2019. P2594 Large Meter Replacement Carey 95 3 92 3%625 344 281 55% Majority of change outs will be completed in FY 2019 Q3. P2604 AMR Change Out Carey 1,800 950 850 53%6,290 3,145 3,145 50% Majority of change outs for this FY 2019 will be completed by end of Q3. P2605 458/340 PRS Replacement, 1571 Melrose Ave Marchioro 75 5 70 7%325 8 317 2% Planning and design on track for completion FY 2019. Construction scheduled for FY 2020. P2607 Douglas Ave SWA and OWD Interconnection Upgrade Beppler 37 1 36 3%50 1 49 2% SWA design in progress during FY 2019 Q1. Construction expected to start in FY 2019 Q3. P2609 PL - 8-inch, 1004 Zone, Eucalyptus St, Coronado/Date/La Mesa Cameron 10 - 10 0%540 - 540 0%Consultant to be selected in Q2 for design P2610 Valve Replacement Program - Phase 1 Cameron 95 2 93 2%275 22 253 8% Delivery of this project is anticipated by Q4 in coordination with OPS. P2615 PL - 12-Inch Pipeline Replacement, 803 PZ, Vista Grande Beppler 20 - 20 0%1,200 - 1,200 0% SWA design in progress during FY 2019 Q1; construction expected to start in FY 2019 Q3. P2616 PL - 12-Inch Pipeline Replacement, 978 Zone, Pence Dr/Vista Sierra Dr Beppler 180 - 180 0%2,500 16 2,484 1% SWA design in progress during FY 2019 Q1; construction expected to start in FY 2019 Q3. P2625 PL - 12-inch, 978 Zone, Hidden Mesa Road Beppler 1,000 36 964 4%1,500 171 1,329 11% SWA design in progress during FY 2019 Q1; construction expected to start in FY 2019 Q3. P2627 458/340 PRS Replacement, 1505 Oleander Ave Marchioro 75 5 70 7%325 5 320 2% Planning and design on track for completion FY 2019. Construction scheduled for FY 2020. P2631 1485-2 Reservoir Interior/Exterior Coating & Upgrades Cameron - - - 0%55 - 55 0%No expenditures in FY 2019. P2633 Otay Mesa Rd and Alta Rd Water Appurtenances Relocations Beppler 10 2 8 20%500 2 498 0% Review of County design of road improvements performed in FY 2019 Q1. Planning level design in progress. P:\Forms\D-Construction\CIP Quarterly Reports\CIP Qtr Reports\FY 2019\Q1\Expenditures\Copy of FY19 1st qtr exp.xlsx Page 3 of 4 11/15/2018 FISCAL YEAR 2019 1ST QUARTER REPORT (Expenditures through 9/30/2018)($000) ATTACHMENT B 2019 09/30/18 CIP No.Description Project Manager FY 2019 Budget Expenses Balance Expense to Budget %Budget Expenses Balance Expense to Budget %Comments FISCAL YEAR-TO-DATE, 09/30/18 LIFE-TO-DATE, 09/30/18 P2634 Rolling Hills Hydropneumatic Pump Station Jockey Pump Replacement Anderson 35 1 34 3%35 1 34 3% The pump is 35% complete; anticipate installed by FY 2019 Q2. P2651 Automatic Data Processing Koeppen 20 - 20 0%20 - 20 0%On track. The project spending will be at 100% by the end of March 2019. R2121 Res - 944-1 Reservoir Cover/Liner Replacement Marchioro 1 - 1 0%1,400 19 1,381 1% Replacement scheduled for FY 2021 since dive inspection completed in FY 2016 suggested five years remaining life. R2139 RWCWRF - Filter Troughs Replacement Beppler 5 - 5 0%30 - 30 0% Construction started in FY 2019 Q1; completion expected in FY 2019 Q2. R2143 AMR Change Out Carey 165 58 107 35%525 163 362 31% Majority of change-outs for FY 2019 will be completed by end of Q3. R2145 RWCWRF - Filter Media and Nozzles Replacement Beppler 130 - 130 0%130 - 130 0% Contract to be awarded in FY 2019 Q2; construction to be performed in FY 2019 Q3. R2147 RWCWRF Fuel Lines Replacement Marchioro 150 19 131 13%175 19 156 11% Design and construction on track for completion FY 2019. R2148 Large Meter Replacement - Recycled Carey 8 - 8 0%58 - 58 0% Large meter testing will begin in Q2 and change- outs scheduled for FY 2019 Q3 and Q4. R2151 RWCWRF - Bulk Chlorine Vapor Scrubber System Refurbishment Lintner 35 - 35 0%37 - 37 0% This project is scheduled for the end of January 2019 through February 2019. P.O. created 9/12/2018 for Integrity Municipal Systems. S2024 Campo Road Sewer Main Replacement Beppler 4,000 432 3,568 11%10,300 5,476 4,824 53% Construction on track for substantial completion in FY 2019 Q4. S2044 Trenchless Sewer Rehabilitation Beppler 5 - 5 0%550 476 74 87% One year warranty was over in FY 2019 Q1. CIP to be closed. S2045 Fuerte Drive Sewer Relocation Beppler 10 17 (7) 170%370 277 93 75%Construction completed in FY 2019 Q1. S2046 RWCWRF - Aeration Panels Replacement Beppler 100 3 97 3%450 96 354 21% Replacement panels to be delivered in FY 2019 Q2 and installed in FY 2019 Q3. S2048 Hillsdale Road Sewer Repairs Beppler 10 73 (63) 730%720 687 33 95% Construction completed in FY 2019 Q1. Invoicing carried over from FY 2018. S2049 Calavo Basin Sewer Rehabilitation - Phase 2 Beppler 20 - 20 0%1,000 7 993 1% Planning underway with property issues to be investigated prior to start of design in FY 2020. S2050 Rancho San Diego Basin Sewer Rehabilitation - Phase 2 Beppler 20 - 20 0%1,300 - 1,300 0%Begin planning in FY 2019 Q3. S2051 RWCWRF - Headworks Improvements Beppler 165 23 142 14%250 98 152 39% Project bid in FY 2019 Q1; contract to be awarded in FY 2019 Q2; and construction in FY 2019 Q3. S2053 RWCWRF - Sedimentation Basins Weirs Replacement Beppler 5 1 4 20%60 3 57 5% Construction started in FY 2019 Q1; completion expected in FY 2019 Q2. S2054 Calavo Basin Sewer Rehabilitation - Phase 3 Beppler - - - 0%1,300 - 1,300 0%No action planned for this fiscal year. S2060 Steele Canyon Pump Station Replacement Beppler - - - 0%200 - 200 0%No action planned for this fiscal year. S2066 Rancho San Diego Basin Sewer Rehabilitation - Phase 3 Beppler - - - 0%290 - 290 0%No action planned for this fiscal year. Total Replacement/Renewal Projects Total:21,534 3,777 17,757 18%96,460 35,694 60,766 37% CAPITAL PURCHASE PROJECTS P2282 Vehicle Capital Purchases Rahders 520 2 518 0%5,928 4,147 1,781 70% P.O. for $286,623 will be issued in Q3 and an additional $10,000 (approx.) will be spent by the end of Q4, 2019. P2286 Field Equipment Capital Purchases Rahders 363 - 363 0%2,250 1,470 780 65% P.O. for $329,350 will be issued in Q3 and an additional $15,000 (approx.) will be spent by the end of Q4, 2019. Total Capital Purchase Projects Total:883 2 881 0%8,178 5,617 2,561 69% DEVELOPER REIMBURSEMENT PROJECTS P2595 PL - 16-inch, 624 Zone, Village 3N - Heritage Road, Main St/Energy Way Beppler 1 - 1 0%150 - 150 0%Project under construction. R2084 RecPL - 20-Inch, 680 Zone, Village 2 - Heritage/La Media Beppler 14 - 14 0%365 1 364 0%Project under construction. Total Developer Reimbursement Projects Total:15 - 15 0%515 1 514 0% 122 GRAND TOTAL 24,519$ 4,125$ 20,394$ 17%151,704$ 61,393$ 90,311$ 40% P:\Forms\D-Construction\CIP Quarterly Reports\CIP Qtr Reports\FY 2019\Q1\Expenditures\Copy of FY19 1st qtr exp.xlsx Page 4 of 4 11/15/2018 Otay Water District Capital Improvement Program Fiscal Year 2019 First Quarter (through September 30, 2018) ATTACHMENT C 870-2 Pump Station –West Station Foundation and Galley Construction 9/13/2018 Background The approved CIP Budget for Fiscal Year 2019 consists of 106 projects that total $24.5 million. These projects are broken down into four categories. 1.Capital Facilities $ 2.1 million 2.Replacement/Renewal $21.5 million 3.Capital Purchases $ 0.9 million 4.Developer Reimbursement $ 15.0 thousand Overall expenditures through the First Quarter of Fiscal Year 2019 totaled $4.1 million, which is approximately 17% of the Fiscal Year budget. 2 Fiscal Year 2019 First Quarter Update ($000) CIP CAT Description FY 2019 Budget FY 2019 Expenditures % FY 2019 Budget Spent Total Life-to-Date Budget Total Life-to-Date Expenditures % Life-to-Date Budget Spent 1 Capital Facilities $2,087 $346 17% $46,551 $20,081 43% 2 Replacement/ Renewal $21,534 $3,777 18% $96,460 $35,694 37% 3 Capital Purchases $883 $2 0% $8,178 $5,617 69% 4 Developer Reimbursement $15 $0 0% $515 $1 0% Total: $24,519 $4,125 17% $151,704 $61,393 40% 3 Fiscal Year 2019 First Quarter CIP Budget Forecast vs. Expenditures 4 $4,125,000 $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun FISCAL YEAR PERIOD IN MONTHS Budget Forecast Total Expenditures $24,519,000 5 CIP Projects in Construction 870-2 Pump Station Replacement Project (P2083/P2562) Replacement of existing 870 High Head and Low Head Pump Stations. Remove and Replace the existing 571-1 Reservoir liner and cover. $21.65M Budget Start: July 2017 Completion: October 2019 870-2 Pump Station – Construction of West Station Walls Division No. 2 Location: North East corner of Otay Mesa. Existing 571-1 Reservoir and High Head/Low Head Pump Station site. 6 9/28/2018 CIP Projects in Construction 980-2 Reservoir Interior/Exterior Coating & Upgrades Project (P2546) Remove and replace existing interior and exterior coatings. Construct structural upgrades to increase the service life. $1.45M Budget Start: November 2017 Completion: September 2018 980-2 (5.0 MG) – Interior Disinfection Division No. 5 Location: 980-2 is located at the north end of Hunte Parkway. 7 9/17/2018 CIP Projects in Construction Campo Road Sewer Replacement Project (S2024) Replace existing 10- inch sewer with 7,420 linear feet of new 15- inch sewer. Reconnection of sewer laterals. Night work. $10.10M Budget Start: July 2017 Estimated Completion: June 2019 Westbound Campo Road – East Bore Jacking Pit Preparation Division No. 5 Location: Campo Road (SR 94) between Rancho San Diego Village Shopping Center and Rancho San Diego Towne Center. 8 10/03/2018 CIP Projects in Construction Interconnect Airvac Valve Replacement (P2623) Replace 37 existing potable water combination air/vacuum valves on interconnect pipeline between 624-3 Reservoir and 870-1 Reservoir. $0.27M Budget Start: August 2018 Completed: August 2018 Combination Air/Vacuum Valve Replacement - Sta 221+ 76 Division Nos. 1 & 2 Location: South East Chula Vista at various locations. 9 8/08/2018 CIP Projects in Construction OWD Admin & Operations Parking Lot Improvements Project - Phase 2 (P2555) Seal parking lots. Install parking stalls and stripe. Install equipment canopy in Operations parking lot. $0.99M Budget Start: May 2018 Estimated Completion: November 2018 Administration Parking Lots Seal and Striping work Division No. 3 Location: District Administration and Operations lots - Sweetwater Springs Blvd., Spring Valley 10 9/23/2018 CIP Projects in Construction Hillsdale Road Waterline Replacement and Sewer Repairs (P2573/S2048) Replacement of 4,129 linear feet of 12-inch waterline. Replacement of 760 liner feet of 8-inch sewer. $3.17M Budget Start: October 2017 Completed: July 2018 Hillsdale Road pavement restoration in area that fronts Valhalla High School Division No. 5 Location: Hillsdale Road between Jamacha Road and Vista Grande Road. 11 7/5/2018 Construction Contract Status 12 PROJECT TOTAL % S2045 Fuerte Drive Sewer Relocation Burtech Pipeline, Inc.$169,490 $193,690 $4,082 2.4% $179,572 $179,572 -7.3% 100.0%July 2018 P2573 S2048 Hillsdale Road 12- inch Waterline Replacement and Sewer Repairs *** TC Construction Company, Inc.$2,245,060 $2,396,060 $332,569 14.8% $2,591,949 $2,591,949 8.2% 100.0%July 2018 P2623 Interconnect AirVac Valve Replacement M-Rae Engineering Inc.$78,000 $83,000 $0 0.0% $79,310 $79,310 -4.4% 100.0% August 2018 P2555 OWD Administration & Operations Parking Lot Improvements Ph. II - Pavement Restoration Frank and Son Paving, Inc.$152,646 $165,046 $0 0.0% $152,646 $86,191 -7.5% 56.5% November 2018 P2546 980-2 Reservoir Interior/Exterior Coating & Upgrades Simpson Sandblasting & Special Coating, Inc. $998,502 $1,146,377 $229,152 22.9% $1,375,529 $1,326,933 20.0% 96.5% September 2019 FY 2019 CIP CONSTRUCTION PROJECTS CURRENT CONTRACT AMOUNT TOTAL EARNED TO DATE CIP NO. PROJECT TITLE CONTRACTOR BASE BID AMOUNT CONTRACT AMOUNT W/ ALLOWANCES % CHANGE ORDERS W/ ALLOWANCE CREDIT** % COMPLETE EST. COMP. DATE NET CHANGE ORDERS LTD* Construction Contract Status 13 PROJECT TOTAL % FY 2019 CIP CONSTRUCTION PROJECTS CURRENT CONTRACT AMOUNT TOTAL EARNED TO DATE CIP NO. PROJECT TITLE CONTRACTOR BASE BID AMOUNT CONTRACT AMOUNT W/ ALLOWANCES % CHANGE ORDERS W/ ALLOWANCE CREDIT** % COMPLETE EST. COMP. DATE NET CHANGE ORDERS LTD* P2508 Pipeline CP Improvements - Phase II M-Rae Engineering Inc.$329,500 $347,000 $0 0.0% $329,500 $0 -5.0% 0.0% February 2019 P2561 Reservoir 711-3 Floating Cover and Liner Replacement Layfield USA Corporation $1,947,000 $1,997,000 $0 0.0% $1,947,000 $7,000 -2.5% 0.4%March 2019 S2024 Campo Road Sewer Replacement Project Wier Construction Corporation $7,623,146 $7,816,646 $74,266 1.0% $7,811,412 $3,785,503 -0.1% 48.5%June 2019 P2083 P2562 870-2 Pump Station Replacement/ 571-1 Reservoir Liner and Cover Replacement Pacific Hydrotech Corporation $16,500,900 $16,925,900 $26,270 0.2% $16,582,332 $6,893,661 -2.0% 41.6% October 2019 TOTALS: $30,044,244 $31,070,719 $666,338 2.2%$31,049,250 $14,950,119 -0.1% ***PROJECT DOES NOT INCLUDE $149,280 OF ADDITIONAL SCOPE FOR SDRMA FUNDED PAVEMENT, SIDEWALK, CURB AND GUTTER REPAIRS ON HILLDALE ROAD **THIS CHANGE ORDER RATE INCLUDES THE CREDIT FOR UNUSED ALLOWANCES *NET CHANGE ORDERS DO NOT INCLUDE ALLOWANCE ITEM CREDITS. IT'S A TRUE CHANGE ORDER PERCENTAGE FOR THE PROJECT Consultant Contract Status 14 CIP Project Title Consultant Original Contract Amount Total Change Orders Revised Contract Amount % Change Orders Authorized Task Orders to Date Approved Payment To Date % Project Complete Date of Signed Contract End Date of Contract PLANNING HAZEN AND SAWYER DPC $ 41,090.00 $ 30,697.50 11/8/2017 6/30/2019 WATER SYSTEMS CONSULTING INC $ 23,000.00 $ 19,880.00 1/23/2018 6/30/2019 DESIGN P2083 CIP P2083: DESIGN/CONSTRUCTION FOR 870-2 PS CAROLLO ENGINEERS INC $ 624,910.00 $ 387,618.00 $ 1,012,528.00 62.0% N/A $ 963,804.25 95.2% 10/11/2013 6/30/2019 S2024 CIP S2024: CAMPO ROAD SEWER MAIN REPLACEMENT PROJECT RICK ENGINEERING COMPANY $ 805,705.00 $ - $ 805,705.00 0.0% N/A $ 764,763.53 94.9% 5/27/2014 6/30/2019 HAZEN AND SAWYER DPC $ 18,430.00 $ - 6/14/2018 6/30/2020 HDR ENGINEERING INC $ - $ - 6/14/2018 6/30/2020 CORRPRO COMPANIES INC $ - $ - 8/3/2017 6/30/2019 RFYEAGER $ 231,781.00 $ 131,483.00 7/18/2017 6/30/2019 Varies AS-NEEDED ELECTRICAL SERVICES FY17, 18 & 19 BSE ENGINEERING INC $ 125,000.00 $ - $ 125,000.00 0.0% $ 48,864.00 $ 4,863.76 3.9% 11/22/2016 6/30/2019 PSOMAS $ 212,413.00 $ 201,214.02 7/1/2016 6/30/2018 COMPLETE RICK ENGINEERING COMPANY $ 299,222.50 $ 274,234.99 7/1/2016 12/31/2019 MICHAEL BAKER INT'L INC $ 34,565.00 $ 1,230.00 11/7/2017 6/30/2019 NV5 INC $ 244,135.00 $ 181,657.30 11/7/2017 6/30/2019 Varies GEOTECHNICAL SERVICES FY15-18 NINYO & MOORE $ 175,000.00 $ - $ 175,000.00 0.0% $ 173,846.63 $ 150,997.83 86.3% 4/9/2015 6/30/2019 GEOCON INCORPORATED $ - $ - 12/7/2017 6/30/2020 NINYO & MOORE $ 15,000.00 $ - 12/11/2017 6/30/2020 ARCADIS TECHNICAL SERVICES INC $ - $ - 8/16/2017 6/30/2019 KEH & ASSOCIATES $ 48,871.00 $ 38,529.63 8/16/2017 6/30/2019 Varies TRAFFIC ENGINEERING SERVICES FY16-18 RICK ENGINEERING COMPANY $ 175,000.00 $ - $ 175,000.00 0.0% $ 108,462.00 $ 63,253.01 36.1% 7/8/2015 6/30/2019 0.0% 22.8% 95.1% 30.5% 0.0% 22.0% Varies Varies Varies Varies Varies Varies WATER RELCAMATION SERVICES FY 18 & 19 $ 175,000.00 $ - $ 175,000.00 0.0% 0.0% AS-NEEDED ENGINEERING DESIGN FY 18-20 $ 600,000.00 $ - $ 600,000.00 0.0% GEOTECHNICAL SERVICES FY18-20 $ 175,000.00 $ - $ 175,000.00 AS-NEEDED ENGINEERING DESIGN FY 17-18 $ 500,000.00 $ 500,000.00 $ - 0.0% 0.0% 0.0% 0.0% ASSET MANAGEMENT FY 18, 19 & 20 $ 175,000.00 $ 175,000.00 $ - CORROSION ENGINEERING SERVICES FY 18 & 19 $ 577,276.00 $ - $ 577,276.00 AS-NEEDED HYDRAULIC MODELING FY 18 & 19Varies $ 175,000.00 $ - $ 175,000.00 28.9% Consultant Contract Status 15 CIP Project Title Consultant Original Contract Amount Total Change Orders Revised Contract Amount % Change Orders Authorized Task Orders to Date Approved Payment To Date % Project Complete Date of Signed Contract End Date of Contract CONSTRUCTION SERVICES P2083 CIP P2083: 870-2 PS CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES MICHAEL BAKER INT'L INC $ 853,457.00 $ 74,238.00 $ 927,695.00 8.7% N/A $ 468,806.00 50.5% 7/30/2014 12/31/2019 Varies COATING INSPECTION SERVICES FY18-19 CSI SERVICES INC $ 175,000.00 $ - $ 175,000.00 0.0% $ 174,480.63 $ 174,480.63 99.7% 8/16/2017 6/30/2019 COMPLETE CSI SERVICES INC $ 14,869.50 $ 14,869.50 9/19/2018 6/30/2021 RFYEAGER $ - $ - 8/13/2018 6/30/2021 ALYSON CONSULTING $ 185,508.22 $ 132,533.22 7/12/2017 6/30/2019 VALLEY CONSTRUCTION MANAGEMENT $ 342,134.00 $ 300,372.00 6/21/2017 6/30/2019 HUNSAKER & ASSOCIATES $ 18,200.00 $ 14,287.51 6/19/2018 6/30/2021 PSOMAS $ 6,800.00 $ - 6/19/2018 6/30/2021 Varies UTILITY LOCATING SERVICES FY 18-20 AIRX UTILITY SURVEYORS $ 500,000.00 $ 500,000.00 0.0% $ 150,000.00 $ 132,850.00 26.6% 1/23/2018 6/30/2021 ENVIRONMENTAL P2494 CIP P2494: PREPARATION OF THE SUBAREA PLAN RECON $ 270,853.00 $ - $ 270,853.00 0.0% N/A $ 263,838.11 97.4% 3/28/2008 6/30/2020 HELIX ENVIRONMENTAL $ 158,222.00 $ 36,029.76 11/7/2017 6/30/2020 ICF INTERNATIONAL JONES & STOKES INC $ 171,303.00 $ 128,583.95 11/7/2017 6/30/2020 Varies SAN MIGUEL HMA CY 2018-2021 ICF INTERNATIONAL JONES & STOKES INC $ 483,787.40 $ - $ 483,787.40 0.0% N/A $ 33,354.38 6.9% 5/2/2018 6/30/2021 WATER RESOURCES Varies MICHAEL WELCH ENGINEERING PLANNING SVCS. $ 100,000.00 $ - $ 100,000.00 0.0% N/A $ 22,800.00 22.8% 4/9/2014 6/30/2019 PUBLIC SERVICES Varies AEGIS AS-NEEDED DEVELOPER PROJECTS FY 15-16 $ 400,000.00 $ - $ 400,000.00 0.0% N/A $ 291,437.80 72.9% 2/12/2015 6/30/2019 TOTALS: $ 8,390,988.40 $ 461,856.00 $ 8,852,844.40 5.5% $4,840,851.68 8.5% 86.6% 5.7% 41.2% Varies LAND SURVEYING FY19-21 $ 250,000.00 $ - $ 250,000.00 0.0% Varies CONSTRUCTION MGMT/INSPECTION FY 18-19 $ 500,000.00 $ - $ 500,000.00 0.0% Varies COATING INSPECTION SERVICES FY19-21 $ 175,000.00 $ - $ 175,000.00 0.0% Varies AS-NEEDED ENVIRONMENTAL FY 18-20 $ 400,000.00 $ - $ 400,000.00 0.0% QUESTIONS?QUESTIONS? 16