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SPECIAL BOARD OF DIRECTORS MEETING December 6, 2018 2:00 p.m. City of Ontario – Council Chambers 303 E. “B” Street, Ontario, CA

BOARD OF DIRECTORS MEETING December 6, 2018 2:00 p.m

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Page 1: BOARD OF DIRECTORS MEETING December 6, 2018 2:00 p.m

SPECIAL

BOARD OF DIRECTORS MEETING

December 6, 2018

2:00 p.m.

City of Ontario – Council Chambers 303 E. “B” Street, Ontario, CA

Page 2: BOARD OF DIRECTORS MEETING December 6, 2018 2:00 p.m

December 6, 2018 Page 1 of 3

SPECIAL BOARD MEETING OF THE BOARD OF DIRECTORS

CHINO BASIN DESALTER AUTHORITY

December 6, 2018 2:00 p.m.

Council Chambers, of the City of Ontario

303 E. “B” Street, Ontario, CA

All documents available for public review are on file with the Authority’s secretary located at 2151 S. Haven Avenue, Suite 202, Ontario, CA 91761.

AGENDA Call to Order Flag Salute Public Comment: Members of the public may address the Board at this time on any non-agenda matter. Please complete a Comment Card and give it to the Secretary. Comments are limited to three (3) minutes per individual. State your name and address for the record before making your presentation. This request is optional, but very helpful for the follow-up process. Under the provisions of the Brown Act, the CDA Board is prohibited from taking action on oral requests. However, Board Members may respond briefly or refer the communication to staff. The CDA Board may also request the Secretary to calendar an item related to your communication at a future CDA Board meeting. ACTION ITEMS Prior to action of the CDA Board, any member of the audience will have the opportunity to address the CDA Board on any item listed on the agenda, including those on any consent calendar. Please submit a comment card to the secretary with the agenda item number noted. 1. MINUTES OF NOVEMBER 12, 2018 SPECIAL BOARD MEETING 2. INTERIM GENERAL MANAGER SERVICES AGREEMENT

Report by: Allison Burns, CDA Deputy General Counsel

Staff Recommendation:

1. Approve the CDA Interim General Manager Services Agreement (“Agreement”); and

2. Authorize the Chairman to execute the Agreement, subject to non-substantive changes, on behalf of CDA.

3. PHASE 3 EXPANSION PROJECT: CALIFORNIA DEPARTMENT OF FISH & WILDLIFE MITIGATION FOR SANTA ANA RIVER HDD CONSTRUCTION. Report by: Cindy Miller, Phase 3 Expansion Program Manager

Staff Recommendation:

1. Approve the purchase of $79,500 in mitigation credits for the California Department of Fish & Wildlife for the construction of the Product Water Pipeline Santa Ana River HDD Crossing.

Page 3: BOARD OF DIRECTORS MEETING December 6, 2018 2:00 p.m

December 6, 2018 Page 2 of 3

4. SOUTH ARCHIBALD PLUME PROJECT: CONSULTANT SELECTION FOR CONSTRUCTION MANAGEMENT & INSPECTION

Report by: Cindy Miller, South Archibald Plume Program Manager

Staff Recommendation: 1. Approve a professional services agreement with Vali Cooper & Associates for

construction management and inspection services in the not-to-exceed amount of $1,783,264; and

2. Authorize the Interim General Manager to finalize and execute the agreement, with subsequent authorizations up to a not-to-exceed total of $1,980,000.

5. ELECTION OF OFFICERS OF THE BOARD OF DIRECTORS Report by: Tom O’Neill, CDA Interim General Manager

Staff Recommendation:

1. Elect a Chairperson, Vice-Chairperson and Secretary of the Board of Directors of the Chino Basin Desalter Authority for the calendar year 2019.

6. BOARD OF DIRECTORS COMMITTEE APPOINTMENTS Report by: Tom O’Neill, CDA Interim General Manager

Staff Recommendation: 1. Appoint members of the Board of Directors of the Chino Basin Desalter Authority to

the Finance Committee for the calendar year 2019. 7. CONSIDERATION AND POSSIBLE ACTION ON SCHEDULING THE JANUARY 2019 BOARD MEETING Report by: Tom O’Neill, CDA Interim General Manager Staff Comments:

(i) Deputy CDA General Counsel, Allison Burns (ii) CDA CFO/Treasurer, Michael Chung (iii) CDA Interim General Manager/Tom O’Neill

CLOSED SESSION The Authority may adjourn to a Closed Session to consider litigation matters, personnel matters, or other matters as provided for in the Ralph M. Brown Act (Section 54950 et seq., of the Government Code).

8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN 0218-231-13, 15, City of Ontario CDA Negotiators: Tom O’Neill, Allison Burns Negotiating parties: SC Ontario Development Company Under negotiation: Price and terms of payment

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December 6, 2018 Page 3 of 3

9. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION: CONSIDERATION OF INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(4)

(TWO POTENTIAL CASES)

10. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION: SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(2)

(ONE POTENTIAL CASE)

11. Pursuant to Government Code section 54957: PUBLIC EMPLOYEE APPOINTMENT Title: General Manager Directors Comments: ADJOURNMENT – To the Regular Meeting on January 3, 2019 Declaration of Posting I, Casey Costa, Executive Assistant to the Chino Basin Desalter Authority, hereby certifies that a copy of this agenda has been posted by 2:00 p.m. at 2151 S. Haven Avenue, Ontario, CA on Monday, December 3, 2018. ________________________________________ Casey Costa Executive Assistant

Page 5: BOARD OF DIRECTORS MEETING December 6, 2018 2:00 p.m

Board of Directors Meeting

Agenda Item

No. 1

Page 6: BOARD OF DIRECTORS MEETING December 6, 2018 2:00 p.m

SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE

CHINO BASIN DESALTER AUTHORITY

MINUTES

November 1, 2018

The Special Meeting of the Board of Directors of the Chino Basin Desalter Authority was held at the City of Ontario, 303 E. “B” Street, Ontario, CA, on the above date. The meeting was called to order at 2:00 p.m. by Greg Newton, City of Norco.

Directors Present:

Greg Newton, City of Norco, Chair Robert Stockton, Western Municipal Water District, Vice Chair Tom Haughey, City of Chino, Secretary Art Bennett, City of Chino Hills (Alternate) Jim Bowman, City of Ontario Jasmin Hall, Inland Empire Utilities Agency Betty Anderson, Jurupa Community Services District J. Arnold Rodriguez, Santa Ana River Water Company

Directors Absent:

None Others Present:

Curtis Paxton, CDA General Manager/CEO Michael Chung, CDA CFO/Treasurer Todd Minten, CDA Operations Manager Allison Burns, CDA Deputy General Counsel Jose Garcia, CDA Principal Accountant Casey Costa, CDA Executive Assistant Dave Crosley, City of Chino Mark Wiley, City of Chino Hills Scott Burton, City of Ontario Tom O’Neill, City of Ontario Moustafa Aly, Jurupa Community Services District Ben Armel, Jurupa Community Services District Todd Corbin, Jurupa Community Services District Derek Kawaii, Western Municipal Water District Rod LeMond, Western Municipal Water District Cindy Miller, Hazen & Sawyer

FLAG SALUTE

The Pledge of Allegiance was led by Director Bowman, City of Ontario

Page 7: BOARD OF DIRECTORS MEETING December 6, 2018 2:00 p.m

CDA Special Board of Directors Meeting November 1, 2018 Page 2 of 4 PUBLIC COMMENT ON NON-AGENDA ITEMS

Public comment was given by Todd Corbin, Jurupa Community Services District. He expressed Jurupa Community Services District’s appreciation for departing General Manager Curtis Paxton’s years of service. ACTION ITEMS 1. MINUTES OF OCTOBER 4, 2018 REGULAR BOARD MEETING

Motion: It was moved by Director Anderson/JCSD and seconded by Director Bowman/Ontario to approve Action Item 1. Motion carried: Ayes: T. Haughey/Chino, G. Newton/Norco, J. Bowman/Ontario, B.

Anderson/JCSD, J.A. Rodriguez/SARWC, R. Stockton/WMWD Noes: None Absent: None Abstained: A. Bennett/Chino Hills

2. PART-TIME FINANCE AND ACCOUNTING TECHNICIAN POSITION

Report by: Michael Chung, CFO/Treasurer Staff Recommendation:

1. Approve the position and the related job description for the part-time Finance and Accounting Technician with a limited term of six months; and

2. Approve the recommended rate of $30.00 per hour.

Treasurer Chung reviewed staff’s recommendation to approve the position, job description, and hourly rate of $30 for the part-time Finance and Accounting Technician position. There were no questions or comments.

Motion: It was moved by Director Bowman/Ontario and seconded by Director Haughey/Chino to approve Action Item 2. Motion carried: Ayes: T. Haughey/Chino, A. Bennett/Chino Hills, G. Newton/Norco, J.

Bowman/Ontario, B. Anderson/JCSD, J.A. Rodriguez/SARWC, R. Stockton/WMWD

Noes: None Absent: None Abstained: None

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CDA Special Board of Directors Meeting November 1, 2018 Page 3 of 4

INFORMATION ITEMS

Information items are non-action items presented to the Board for their information. 3. WESTERN RIVERSIDE COUNTY REGIONAL WASTEWATER AUTHORITY (WRCRWA) ADMINISTRATOR ROLE PRESENTATION

Report by: Rod LeMond, WRCRWA Administrator Rod LeMond, Western Municipal Water District reviewed WRCRWA’s role as Administrator for Western Riverside County Regional Wastewater Authority. STAFF COMMENTS

(i) Deputy CDA General Counsel, Allison Burns had no comments

(ii) CDA CFO/Treasurer, Michael Chung had no comments (iii) CDA General Manager/CEO, Curtis Paxton thanked the Board of Directors for

their support during his years as General Manager/CEO.

CLOSED SESSION The Authority may adjourn to a Closed Session to consider litigation matters, personnel matters, or other matters as provided for in the Ralph M. Brown Act (Section 54950 et seq., of the Government Code).

4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN 0218-231-13, 15, City of Ontario CDA Negotiators: Curtis Paxton, Allison Burns Negotiating parties: SC Ontario Development Company Under negotiation: Price and terms of payment 5. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION:

CONSIDERATION OF INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(4)

(TWO POTENTIAL CASES)

6. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION: SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(2)

(ONE POTENTIAL CASE)

7. Pursuant to Government Code section 54957: PUBLIC EMPLOYEE APPOINTMENT Title: General Manager The Board recessed into Closed Session at 2:17 p.m. and reconvened at 3:04 p.m. Deputy General Counsel Burns reported that the Board took up items 4, 6 and 7. There was no reportable action.

Page 9: BOARD OF DIRECTORS MEETING December 6, 2018 2:00 p.m

CDA Special Board of Directors Meeting November 1, 2018 Page 4 of 4 As a result of discussion of Closed Session Item 7 and pursuant to GC 54954.2(b), an item that came to the attention of Chino Basin Desalter Authority after posting of the agenda, Deputy General Counsel Burns recommended that an item be added to the agenda regarding a proposal made by the City of Ontario to provide Interim General Manager Services on behalf of Chino Basin Desalter Authority.

Motion: It was moved by Director Newton/Norco and seconded by Haughey/Chino to add an item to the posted agenda regarding the proposal by the City of Ontario to provide Interim General Manager Services.

Motion carried: Ayes: T. Haughey/Chino, A. Bennett/Chino Hills, G. Newton/Norco, J.

Bowman/Ontario, B. Anderson/JCSD, J.A. Rodriguez/SARWC, R. Stockton/WMWD

Noes: None Absent: None Abstained: None

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Motion: It was moved by Director Bowman/Ontario and seconded by Director Haughey/Chino to accept the City of Ontario’s proposal to provide Interim General Manager services on behalf of Chino Basin Desalter Authority, appointing Tom O’Neill as Chino Basin Desalter Interim General Manager effective midnight Saturday, November 3, 2018, and to give direction to Legal Counsel to negotiate with the City of Ontario regarding the details of the agreement to be agendized on the next Board Meeting agenda. Motion carried: Ayes: T. Haughey/Chino, A. Bennett/Chino Hills, G. Newton/Norco, J.

Bowman/Ontario, B. Anderson/JCSD, J.A. Rodriguez/SARWC, Noes: R. Stockton/WMWD Absent: None Abstained: None

DIRECTOR COMMENTS Board Members thanked General Manager Paxton for his dedication and years of service and wished him well in all his future endeavors. ADJOURNMENT – There being no further business to come before the Board, the meeting was adjourned at 3:12 p.m. Secretary of the Board of Directors/cc

Page 10: BOARD OF DIRECTORS MEETING December 6, 2018 2:00 p.m

Board of Directors Meeting

Agenda Item

No. 2

Page 11: BOARD OF DIRECTORS MEETING December 6, 2018 2:00 p.m

Prepared by: Allison Burns, CDA Deputy General Counsel Page 1 of 1

Board of Directors: [ ] Approved [ ] Continued [ ] Denied

CDA GM/CEO Acknowledgement: Date:

Agenda Report December 6, 2018

SECTION: Action Item

SUBJECT: INTERIM GENERAL MANAGER SERVICES AGREEMENT RECOMMENDATION: Staff recommends that the Board:

1. Approve the CDA Interim General Manager Services Agreement (“Agreement”); and

2. Authorize the Chairman to execute the Agreement, subject to non-substantive changes, on behalf of CDA.

BACKGROUND: Due to the resignation of former General Manager, Curtis Paxton, at the November 1, 2018 Board of Directors meeting, the Board directed legal counsel to work with the City of Ontario to prepare an agreement to memorialize the terms for the City of Ontario to provide its staff member, Tom O’Neill to serve as Interim General Manager of CDA. ATTACHMENT:

1) CDA Interim General Manager Services Agreement

Page 12: BOARD OF DIRECTORS MEETING December 6, 2018 2:00 p.m

CDA INTERIM GENERAL MANAGER SERVICES AGREEMENT

THIS CDA INTERIM GENERAL MANAGER SERVICES AGREEMENT (“Agreement”) is effective this ____ day of November 2018 (“Effective Date”), by and between CHINO BASIN DESALTER AUTHORITY, a joint exercise of powers agency duly organized and existing pursuant to Article 1, Chapter 5, Division 7, Title 1 of the California Government Code, commencing with Section 6500, and the CITY OF ONTARIO, a municipal corporation. Herein, CDA and Ontario may sometimes be referred to individually as the “Party” or collectively as the “Parties.”

RECITALS

WHEREAS, CDA is the owner of the Desalters; and

WHEREAS, CDA requires the services of an interim general manager to be responsible for coordinating the operation, maintenance, and management of the Desalter Facilities and accomplishing the goals and objectives of the CDA Board of Directors; and

WHEREAS, CDA has determined that Ontario has the knowledge, expertise and staff to provide CDA Interim General Manager services as set forth in this Agreement; and

WHEREAS, Ontario desires to provide the services of its employees, including, but not limited to O’Neill, to act as CDA Interim General Manager; and

WHEREAS, CDA and Ontario agree that O’Neill shall act as Interim General Manager with the assistance of Ontario personnel on an as needed basis; and

WHEREAS, CDA desires to provide compensation to Ontario for costs incurred by it in providing the CDA Interim General Manager services;

NOW THEREFORE, in consideration of the foregoing recitals, the Parties hereto agree as follows:

ARTICLE 1 DEFINITIONS

The terms and phrases used herein shall have the following meanings:

1.1 “Acting Interim General Manager” shall have the meaning set forth in Section 6.5 hereof;

1.2 “Agreement” shall have the meaning set forth in the preamble hereof;

1.3 “Board” or “Board of Directors” shall mean the CDA Board of Directors;

1.4 “O’Neill” shall mean Tom O’Neill;

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1.5 “CDA” shall mean Chino Basin Desalter Authority;

1.6 “CDA Purchasing Policy” shall mean the CDA Purchasing Policy approved on October 17, 2002 and as amended by CDA;

1.7 “Chief Plant Operator” shall mean that person designated (i) by IEUA as to the Chino I Desalter or (ii) by JCSD as to the Chino II Desalter, and responsible for the treatment operations, maintenance and overall supervision and direction of each of the Chino I Treatment Facilities or Chino II Treatment Facilities, respectively.

1.8 “Chino I Desalter” shall mean the groundwater desalination plant together with appurtenant facilities, including but not limited to, wells, pipelines, pump stations and reservoirs, located at 6905 Kimball Avenue, Chino, California 91710;

1.9 “Chino I Treatment Facilities” shall mean the Chino I Desalter, together with appurtenant facilities, including but not limited to, wells, pump to waste pipelines, brine disposal pipelines, generators and raw water pipelines;

1.10 “Chino II Desalter” shall mean the groundwater desalination plant together with appurtenant facilities and expansion facilities, including but not limited to, wells, pipelines, pump stations and reservoirs, located at 11251 Harrel Street, Mira Loma, California 91752;

1.11 “Chino II Treatment Facilities” shall mean the Chino II Desalter, together with appurtenant facilities and expansion facilities, including but not limited to, wells, pump to waste pipelines, brine disposal pipelines, concentrate reduction facility, generators and raw water pipelines;

1.12 “Interim General Manager” shall mean the CDA Interim General Manager of the operations and maintenance of the Treatment Facilities as further defined and identified in this Agreement;

1.13 “Desalters” or “Desalter Facilities” shall mean the Chino I Desalter, the Chino II Desalter, and the Chino III Desalter, if and when constructed;

1.14 “DDW” shall mean the State Water Resources Control Board Division of Drinking Water;

1.15 “Distribution Facilities” shall mean Product Water pipelines, offsite pump stations, reservoirs and interconnections with the distribution system of any Party;

1.16 “Effective Date” shall have the meaning set forth in the preamble hereof;

1.17 “IEUA” shall mean Inland Empire Utilities Agency;

1.18 “JCSD” shall mean Jurupa Community Services District;

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1.19 “Joint Exercise of Powers Agreement” shall mean that certain Joint Exercise of Powers Agreement Creating the Chino Basin Desalter Authority entered into as of September 25, 2001 and thereafter amended.

1.20 “Land Development Guidelines” shall mean the Land Development & Facility Modification Procedures attached as Exhibit D to the O&M Agreement, as the same may be modified from time to time by the TAC.

1.21 “Member Agencies” or “Member Agency” shall mean collectively or individually, Inland Empire Utilities Agency, Jurupa Community Services District, City of Chino Hills, City of Chino, City of Ontario, City of Norco, Western Municipal Water District and Santa Ana River Water Company.

1.22 [Intentionally omitted.]

1.23 “O&M Agreement” shall mean the Operation and Maintenance Agreement entered into by CDA and the Member Agencies on January 1, 2002, as the same may and has been modified from time to time by CDA and the Member Agencies;

1.24 “Off-site Facilities” shall mean the facilities appurtenant to the Chino I Desalter and the Chino II Desalter for the transmission and/or conveyance of Product Water, including, but not limited to, product water pipelines, pumping stations, turn-outs and reservoirs;

1.25 “Ontario” shall mean the City of Ontario;

1.26 “Party” or “Parties” shall have the meaning set forth in the preamble hereof;

1.27 “Potable Water” shall mean treated water produced by the Desalter Facilities;

1.28 “Water Purchasers” shall include Jurupa Community Services District, City of Chino Hills, City of Chino, City of Ontario, City of Norco, Western Municipal Water District and Santa Ana River Water Company and such other agencies as may purchase water from CDA.

1.29 “SCE” shall mean Southern California Edison;

1.30 “TAC” shall mean the CDA Technical Advisory Committee;

1.31 “Treatment Facilities” shall mean the Desalter Facilities together with appurtenant facilities, including but not limited to, wells, pump to waste pipelines, brine disposal pipelines, generators and raw water pipelines; and

1.32 “Treasurer” shall mean the CDA Treasurer as defined and set forth in the Joint Exercise of Powers Agreement.

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ARTICLE 2 CDA INTERIM GENERAL MANAGER DUTIES AND RESPONSIBILITIES

The CDA Interim General Manager is responsible for coordinating the operation, maintenance and management of the Desalter Facilities and for accomplishing the goals and objectives of the Board of Directors. The CDA Interim General Manager reports to the Board of Directors on all aspects of the CDA including facility operations and maintenance, contract administration, and the CDA budget in coordination with the CDA Treasurer. The Interim General Manager shall assist with the recruitment of a new permanent General Manager and shall assist, to the extent requested by the new permanent General Manager with the new permanent General Manager’s transition. The following lists of Interim General Manager duties and responsibilities are illustrative and are not meant to be exhaustive.

2.1 Interim General Manager. CDA and Ontario agree that O’Neill, as an employee of Ontario, shall act as CDA Interim General Manager. In the event that O’Neill is no longer available to act as CDA Interim General Manager, CDA and Ontario shall agree, in writing and with CDA Board approval, to the appointment of a new Interim General Manager.

2.2 Management of Desalters. The Interim General Manager shall report directly to the Board of Directors regarding the operation, maintenance, and management of the Desalters. The Interim General Manager shall attend all CDA Board meetings and shall provide to CDA quarterly, updated, comprehensive reports concerning the operation, maintenance, and management of the Desalters.

2.3 Consultation with Chief Plant Operators. As set forth in the O&M Agreement, the Chino I Desalter (including expansion), the Chino II Desalter, and the Chino III Desalter, if constructed, are each managed by a Chief Plant Operator designated as set forth therein. The Interim General Manager shall consult with the Chief Plant Operators on a regular basis relative to issues concerning the operation, maintenance and management of the Desalters. To the extent possible, decisions regarding the day to day operations and maintenance of the Desalters shall be reached by consensus of the Interim General Manager and the Chief Plant Operators. Where consensus cannot be achieved, the Interim General Manager shall have the final decision-making authority regarding all issues concerning the operations, maintenance and management of the Desalters to the extent such decisions do not supplant the Chief Plant Operators’ decisions with respect to operation and maintenance matters for which certification is expressly required by any certifying or regulating agency or authority. The Chief Plant Operators shall be solely responsible for the treatment operations, maintenance and overall supervision and direction of the Desalter employees, including repair and service personnel.

2.4 CDA Interim General Manager Management of Desalters. The Interim General Manager, with the assistance of the Chief Plant Operators, shall provide such additional services as may reasonably be necessary and required to properly operate and maintain the Desalters to produce cost effective, high quality Product Water that

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consistently meets or exceeds the standards established by DDW as well as the requirements of the Water Purchasers.

2.5 Interim General Manager Responsibilities. The Interim General Manager shall not supervise, oversee, or direct the individual staff members responsible for the operation and maintenance of the Desalter Facilities; however the Interim General Manager shall supervise CDA employees. In the context of defining the Interim General Manager responsibilities it is understood that terms such as “supervise,” “oversee,” “direct,” or “ensure” refer to the Interim General Manager’s responsibility to coordinate with the Member Agency responsible for the particular operation or management activity referred to, as set forth in the O&M Agreement. The management duties of the Interim General Manager shall include, but shall not necessarily be limited to, the following:

(a) CDA Board and Technical Advisory Committee Meetings and Reports. The CDA Interim General Manager shall perform the following functions relating to the CDA Board and TAC:

(1) Prepare agenda items and report to the Board of Directors on a quarterly basis and at special Board meetings as required.

(2) Prepare and submit annual reports (prepared in coordination with the Treasurer and in consultation with the TAC). Such reports shall include an operational plan, an evaluation of the Desalter Facilities for the purpose of identifying required and/or beneficial capital improvements, and the annual budget.

(3) Prepare and submit quarterly reports (prepared in coordination with the Treasurer and in consultation with the TAC). Such reports shall include items such as facility performance, water quality, water production, service interruptions, non-budgeted expenditures, budget status, and worker safety.

(4) Conduct monthly status meetings with the TAC and document such meetings.

(5) Prepare minutes of CDA Board meetings.

(6) Maintain records of CDA Board agendas, minutes, resolutions, agreements, and other official documents.

(b) Facility Operations and Maintenance. The CDA Interim General Manager shall perform the following functions relating to the Desalter facility operations and maintenance:

(1) Exercise best efforts to ensure that the Desalter Facilities are operated in a manner that is not detrimental to any of the Water Purchasers.

(2) Develop and oversee procedures for routine and emergency communications between Desalter staff and Water Purchasers.

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(3) Develop and oversee procedures pertaining to the delivery of Product Water, including variations in Desalter production, baseline delivery rates and the deviation from baseline delivery rates as mutually requested by two or more Member Agencies.

(4) Develop maintenance requirements and facility modification protocol, in coordination with the TAC, for all Desalter Facilities.

(5) Ensure that the maintenance of all Desalter Facilities (on-site and off-site) is performed in a satisfactory and timely manner in accordance with all DDW and other documented requirements.

(6) Review, authorize and approve all expenditures in accordance with the CDA Purchasing Policy.

(7) Coordinate with the Treasurer to ensure that expenditures are accounted for in a logical manner for future reference and reporting.

(8) Act as the primary point of contact, regarding CDA matters, for the Member Agencies and the general public. Disseminate information to the Member Agencies and general public as necessary.

(9) Implement the Mitigation and Monitoring Plan, including acting as the emergency contact and addressing claims in coordination with CDA legal counsel.

(10) Supervise and consult with the Chief Plant Operators on a regular basis regarding the daily operations, maintenance and management of the Desalters.

(11) Ensure that the personnel assigned to operation and maintenance responsibilities of the Desalters by JCSD and IEUA are adequately supervised, properly trained and equipped, and appropriately certified.

(12) Conduct frequent “face to face” meetings with the Chino I/Chino II Chief Plant Operators (at least once per month) and document such meetings.

(13) Ensure that there are sufficient tools, equipment, materials, supplies, and qualified personnel to operate and maintain the Desalters.

(14) Ensure that the Chief Plant Operators provide adequate staffing and maintain plant operations manuals.

(15) Ensure the Chief Plant Operators develop an adequate training program for Desalter personnel on an as needed basis.

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(16) Ensure that the Desalter Facilities are operated in a manner that meets all applicable regulatory and environmental requirements including but not limited to business plans, hazardous waste removal, worker safety, and certifications.

(17) Engage, as needed and with the approval of the Board, the services of independent contractors, consultants for matters including but not necessarily limited to: troubleshooting, laboratory analyses, contract labor, operational supplies, chemicals, utility management and major repairs and replacements.

(18) Oversee the Chief Plant Operators to ensure that all health and safety requirements applicable to the Desalters are met.

(19) Recommend capital improvements to the Board.

(20) In conjunction with the Chief Plant Operators, compile, maintain and make available as requested by the Treasurer all information necessary for the preparation of an annual budget for the Desalters.

(21) Develop procedures governing the delivery of product water.

(22) Through the Chief Plant Operators, ensure compliance with all regulatory and environmental regulations, including but not limited to business plans and hazardous waste removal.

(23) Exercise immediate and necessary steps as may be required during emergencies, including but not limited to prompt reporting of all such emergencies to the Member Agencies’ technical staff.

(24) Ensure the Chief Plant Operators are operating and maintaining the Desalters to ensure the quality of product water will meet or exceed all applicable requirements, rules and regulations.

(25) Ensure maintenance of the offsite facilities is being performed to a standard of efficiency acceptable to the CDA.

(26) Authorize budgeted expenditures.

(27) Together with the Chief Plant Operators, liaise with DDW and coordinate with power suppliers including SCE and IEUA.

(28) Together with the Chief Plant Operators, work to continually optimize plant efficiency and maintain continuity between the Desalter Facilities including, but not limited to, construction of a pilot plant for testing membranes and various process improvements.

(29) Compile and maintain information necessary for the preparation of the annual budget in coordination with the Chief Plant Operators.

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(30) Maintain files directly related to the CDA Interim General Manager’s activities and ensure that proper filing is performed for all activities related to the operations, maintenance and management of the Desalters.

(c) Contract Administration. The CDA Interim General Manager shall perform the following functions relating to the administration of CDA contracts:

(1) Administer and/or oversee the administration of all CDA contracts including, but not limited to, the Joint Exercise of Powers Agreement, Operation and Maintenance Agreement, Transportation Agreements, Professional Services Agreements and Construction Contracts.

(2) Manage the preparation of and updates to the Urban Water Management Plan.

(3) Coordinate with CDA legal counsel as necessary.

(4) Prepare Requests for Proposals as needed for capital improvements and evaluations requiring professional services.

(5) Administer construction contracts as needed for capital improvements.

(6) Prepare agenda reports recommending professional services and construction contracts.

(7) Administer or oversee the administration of all emergency contracts and report to the Board of Directors as appropriate.

(d) Miscellaneous Duties. The CDA Interim General Manager shall perform any miscellaneous duties required to effectively oversee the operation, maintenance, and management of the Desalter Facilities, whether or not such action is provided for in this Agreement.

ARTICLE 3

CDA INTERIM GENERAL MANAGER COSTS

3.1 Compensation to O’Neill. O’Neill is and at all times relevant to this Agreement shall be an employee of Ontario. Ontario shall be solely responsible for paying O’Neill’s salary and other benefits for his work as an employee of the City of Ontario, including the performance of his duties as CDA Interim General Manager according to this Agreement.

3.2 Compensation to Ontario for CDA Interim General Manager Services. CDA and Ontario agree that CDA shall compensate Ontario for the cost of O’Neill’s services as CDA Interim General Manager.

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(a) CDA shall provide compensation to Ontario in an amount to be determined by CDA and Ontario on a monthly basis, which amount shall be determined by multiplying O’Neill’s actual hourly wages for time spent acting as CDA Interim General Manager by 1.93 to account for the actual cost to Ontario of providing O’Neill’s services as CDA Interim General Manager. If and when O’Neill receives overtime pay for time spent acting as CDA Interim General Manager, the 1.93 multiplier described in the immediately preceding sentence shall be applied to O’Neill’s base hourly wages but not to the additional wages paid as an overtime premium (CDA shall reimburse Ontario for both O’Neill’s base wage, multiplied by 1.93, and the overtime premium). In the event of increases in O’Neill’s salary as an employee of Ontario, the rate charged to CDA shall undergo a corresponding increase.

(b) O’Neill’s hourly wages are expected to be approximately Seventy-Nine Dollars and One Cent ($79.01) per hour.

(c) The Parties estimate that O’Neill shall spend approximately thirty-five (35) hours per week performing his duties as CDA Interim General Manager and such limited hours as may be requested by a new permanent General Manager during his/her transition.

3.3 Payment of Compensation. Ontario shall submit to CDA a monthly itemized statement which indicates a summary of activities and hours of services rendered by Ontario. The statement shall describe the amount and types of services provided since the beginning of each month, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. Said compensation shall be paid in accordance with an invoice submitted to CDA by Ontario within fifteen (15) days from the last day of each calendar month, and CDA shall, within thirty (30) days of receiving such statement, pay all approved charges thereon.

ARTICLE 4

SAFETY, INSURANCE AND INDEMNIFICATION

4.1 Safety. The CDA Interim General Manager shall ensure that the Desalter Facilities are operated and maintained in a manner that will comply with all applicable federal and state regulatory requirements, and with applicable health and safety procedures adopted by CDA. The CDA Interim General Manager shall ensure that periodic staff training is conducted in health and safety procedures.

4.2 General Insurance Requirements. Ontario shall procure and maintain insurance, or provide for equivalent self-insurance, for the duration of this Agreement, against claims for injuries to persons and damage to property which may arise from, or in connection with, performance under this Agreement by Ontario, O’Neill, or other members of Ontario’s staff acting pursuant to this Agreement. Coverage shall be in the amount of not less than Ten Million Dollars ($10,000,000). Additionally, Ontario shall procure and maintain the following types of insurance for the duration of this Agreement:

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10

(a) Vehicle Liability insurance, or an equivalent form of insurance or self-insurance. Such insurance shall include coverage for the ownership, operation, maintenance, or use of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible. Coverage shall be in the amount of not less than _______________.

(b) Workers’ Compensation insurance, unless qualified as self-insured, as required by Section 3700 of the Labor Code, for all employees of the insured engaged in work pursuant to this Agreement.

4.3 Indemnification. Ontario shall defend, indemnify, and hold harmless CDA, its elected and appointed officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to the performance of this Agreement and resulting from the negligence or wrongful act of Ontario, its elected and appointed officials, officers, agents, employees or invitees. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys fees, and related costs or expenses, and the reimbursement of CDA, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them.

CDA shall defend, indemnify, and hold harmless Ontario, its elected officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to the performance of this Agreement and resulting from the negligence or wrongful act of CDA, its elected and appointed officials, officers, agents, employees or invitees. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys fees, and related costs or expenses, and the reimbursement of Ontario, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them.

ARTICLE 5

NOTICES AND BREACH

5.1 Breach. Any party to this Agreement may declare a breach hereof by serving written notice describing the nature of the breach to all parties. The party alleged to have breached the Agreement shall be afforded thirty (30) days from service of the notice of breach to take whatever steps necessary to cure the breach. If the breach is not cured within the time parameters set forth herein, this Agreement may be terminated at the option of the party complaining of the breach.

5.2 Written Notices. Any notice, request, demand, consent, approval, or other communication required or permitted hereunder or by law shall be validly given or

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11

made only if in writing and delivered in person to an officer or duly authorized representative of the other party, or deposited in the United States Mail, duly certified or registered (return receipt requested), postage prepaid, or delivered through another reasonably acceptable method, and addressed to the party for whom intended, as follows:

If to CDA: Chino Basin Desalter Authority 2151 South Haven Ave Suite 202 Ontario, CA 91761 cc: Allison E. Burns, General Counsel Stradling, Yocca, Carlson & Rauth 660 Newport Center Drive, Suite 1600 Newport Beach, California 92660

If to Ontario: City of Ontario 1425 South Bon View Avenue Ontario, California 91761 Attn: Scott Burton cc: Best Best & Krieger LLP 3750 University Avenue Riverside, CA 92501 Attn: John E. Brown, Esq.

Any party may from time to time, by written notice to the other, designate a different address which shall be substituted for that specified above. If any notice or other document is sent by mail as aforesaid, the same shall be deemed fully delivered and received forty-eight (48) hours after mailing as provided above.

ARTICLE 6

MISCELLANEOUS PROVISIONS

6.1 Commencement and Termination of Agreement. Services hereunder began after the Board approved O’Neill as CDA Interim General Manager on November 1, 2018, and O’Neill shall continue to operate, maintain, and manage the Desalters until this Agreement is terminated by written notice of either Party, delivered to the other Party pursuant to Section 5.2 hereof, or by mutual written agreement of the Parties.

6.2 Amendment. This Agreement may be amended in writing by mutual agreement of the Parties.

6.3 Mediation. Any dispute which may arise under this Agreement by and between the Parties to this Agreement shall be submitted to mediation. In addition to their respective legal counsel, CDA and Ontario shall appoint one representative each

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12

who will attend such mediation. The mediation shall be conducted before a third party mediator(s) who will be selected by the parties. The mediation shall be non-binding and, upon completion of the mediation process described herein, any party may pursue all remedies otherwise provided them by law.

6.4 Independent Contractor. Nothing in this Agreement shall be construed to create, either expressly or by implication, the relationship of agency between and among CDA and Ontario. In the performance of services hereunder, each Party is an independent contractor, and all employees of such Party are solely employees of such Party and not the agents or employees of the other party.

6.5 Assignment and Delegation Prohibited. In making this Agreement, CDA has relied on the skills and qualifications of O’Neill as described in Exhibit A, attached hereto and fully incorporated by reference. Neither this Agreement nor any duties or obligations hereunder shall be assigned or delegated by Ontario, nor shall the duties or obligations hereunder of the CDA Interim General Manager be performed by any person other than O’Neill, without the prior written consent of CDA. Notwithstanding the above prohibition against assignment and delegation, in the event of an extended absence, O’Neill is authorized to appoint an acting Interim General Manager (“Acting Interim General Manager”) who shall take on the duties of CDA Interim General Manager during such extended absence by O’Neill. In the event O’Neill is unable to perform the duties of CDA Interim General Manager for a period longer than two (2) months, Ontario shall notify CDA of such appointment and the amount of time the Acting Interim General Manager is expected to undertake the duties of the CDA Interim General Manager, and CDA shall have the opportunity to either approve or disapprove of the person appointed by O’Neill to act as the Acting Interim General Manager. Failure of CDA to approve or disapprove the Acting Interim General Manager shall constitute approval, however nothing in this Section 6.5 in any way limits the right of either Party to terminate this Agreement at any time according to Section 6.1 above.

6.6 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

6.7 Exhibits Incorporated by Reference. All documents attached here to as Exhibits are hereby incorporated in full by reference into this agreement.

6.8 Governing Law. This Agreement and the exhibits attached hereto have been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California.

6.9 Captions. The captions used herein are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions hereof.

6.10 Gender and Number. In this Agreement (unless the context requires otherwise), the masculine, feminine and neuter genders and the singular and the plural shall be deemed to include one another, as appropriate.

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13

6.11 Entire Agreement. This Agreement and its exhibits constitute the entire agreement between the parties hereto pertaining to the subject matter hereof, and the final, complete and exclusive expression of the terms and conditions thereof. All prior agreements, representations, negotiations and understanding of the parties hereto, oral or written, express or implied, are hereby superseded and merged herein.

5.12 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney fees and costs of such action.

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14

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the day and year first written above.

CHINO BASIN DESALTER AUTHORITY, a joint exercise of powers agency

Dated: _______________ By: Chairman, Board of Directors

CITY OF ONTARIO, a municipal corporation

Dated: _______________ By: Scott Ochoa, City Manager

APPROVED AS TO FORM:

By:___________________________________ ____________, Ontario City Attorney

Page 26: BOARD OF DIRECTORS MEETING December 6, 2018 2:00 p.m

EXHIBIT A

Page 27: BOARD OF DIRECTORS MEETING December 6, 2018 2:00 p.m

Thomas O'Neill 1333 Sussex Lane, Newport Beach, Ca 92660

[email protected] • Cellular 909 377 2232 • Work 909 395-2676

Summary

• Self-motivated, diplomatic, results-driven manager. Readily visualize target and identify steps required to attain goal. Provide hands-on training and motivate personnel.

• Highly articulate with exceptional interpersonal skills. Good listener. Use balanced judgment and analyze information before making decisions.

• Respected team leader with record of inspiring high morale and productivity. Skilled in staff training, development and performance management to meet/exceed operational and financial goals through performance/quality improvements and adherence to established procedures.

• Consistent and steady, yet flexible to changing priorities. Performs well in emergency situations. Persevering in approach to achieving goals.

• Computer proficiencies on Windows platform include Microsoft Office, and numerous industry-specific applications.

Areas of Expertise

• Water and Sewer System Operation • Employee Training • Project Management • Contract Negotiation • Regulatory Compliance (Federal, State and Local)

Qualification Highlights

• Facility Maintenance • Budgeting • Scheduling • Safety • Water Quality

• Appointed Chino Basin Desalter Coordinator overseeing the operation and maintenance of an 8.6 MGD desalination facility (2001 - 2005).

• Extensive experience in the operations, maintenance and refurbishment of groundwater wells.

• Experienced in the design, operations and maintenance of Reverse Osmosis and Ion Exchange Treatment Facilities.

• Excellent relationship with local regulating agencies. • Co-project Manager of the Construction of Chino I desalter expansion and Chino II desalter.

Responsible for all off-site facilities (drilling and equipping eleven wells, raw water and product water pipelines, pump stations and turn-outs).

• Consistently developed preventive maintenance programs to minimize downtime and increase efficiency.

• Prepare and implement operation and maintenance budgets (current City of Ontario FY O&M budget $64,000,000).

• Managed the design and construction of Master Plan facilities which consisted of water and sewer lines, wells, pumping facilities, sewer lift stations and ion exchange treatment plants.

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• Prepare reports on water production, facility performance and water quality. • Prepare requests for proposals, evaluate and oversee the selection (2004-Present). • Served on following technical committees (2011-Present): Water Facilities Authority; Chino

Basin Desalter Authority; Chino Desalter Phase Ill Expansion Program.

Employment History

City of Ontario, CA

Utilities Operations Director

Utilities Operations Division Manager

Water Production Manager

Utilities Project Manager

Utilities Operations Manager

7/2005 to Present

7/2015 To Present

3/2011 to 7/2015

9/2007 to 3/2011

3/2006 to 9/2007

7/2005 to 3/2006

Jurupa Community Services Dist.. Jurupa Valley, CA

Senior Project Manager (Managed Engineering Dept)

Operations Manager (Water and Sewer)

8/1986 to 7/2005 3/2004 to 7/2005

9/1989 to 3/2004

Certificates

• CEWA Collection System Maintenance Technologist Grade IV Certificate

• CEWA Environmental Compliance Inspector Grade I Certificate

• State of California Department of Health Services Water Treatment Operator Grade Ill

• State of California Department of Health Services Water Distribution Operator Grade IV

References

• William T. Malone. P.E. A.A. Webb Associates 951-248-4233 • Curtis Paxton City of Vacaville, CA 909-218-3730 • Cindy Miller P.E. Hazen and Sawyer 714-814-4909 • Scott Burton City of Ontario 909-395-2682 • Dave Crosley City of Chino 909-334-3404

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Board of Directors Meeting

Agenda Item

No. 3

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Prepared by: Cindy Miller, Phase 3 Expansion Program Manager Page 1 of 1

Board of Directors: [ ] Approved [ ] Continued [ ] Denied

CDA GM/CEO Acknowledgement: Date:

Agenda Report December 6, 2018

SECTION: Action Item

SUBJECT: PHASE 3 EXPANSION PROJECT: CALIFORNIA DEPARTMENT OF FISH & WILDLIFE MITIGATION FOR SANTA ANA RIVER HDD CONSTRUCTION

RECOMMENDATION: Staff recommends that the Board:

1. Approve the purchase of $79,500 in mitigation credits for the California Department of Fish & Wildlife for the construction of the Product Water Pipeline Santa Ana River HDD Crossing.

BACKGROUND: In January 2015, California Department of Fish & Wildlife (CDFW) issued Streambed Alteration Agreement (SAA) (Notification No. 1600-2104-0219-R6) to the CDA for investigative work needed to be performed within CDFW jurisdictional area at the Santa Ana River. CDA Board approved the SAA in December 2014. The work included clearing vegetation, performing a ground penetrating radar survey, and a geotechnical subsurface investigation. This work was required to investigate the cause of the failed microtunneling operation, as well as obtain data needed to evaluate alternative methods for completing the river crossing. This investigate work was completed April 2015. Amendment No. 1 to the SAA was approved by the CDA Board in April 2016 to authorize a $220,000 payment for additional mitigation due environmental impacts associated with work performed by CDA’s contractor near active nesting least bells vireo in May 2015, as well as anticipated future disturbances associated with constructing a new pipeline crossing. Upon completion of the final design of the HDD crossing, CDFW reviewed the specific anticipated new disturbances and has developed a revised total mitigation requirement, which results in an additional required purchase of 0.30 acres of habitat restoration and management in perpetuity, equating to $79,500. Payment of this amount is required to finalize the permit and allow for commencement of construction activities, which are scheduled to begin January 2019 and be completed prior to the bird nesting season. This item has been reviewed/approved by the Finance Committee on 12/03/2018. IMPACT ON BUDGET: The mitigation credits are required to complete the pipeline crossing the Santa Ana River, which is necessary to deliver Western Municipal Water District’s (Western’s) Phase 3 Expansion allocation. The $79,500 will be deposited by WMWD under the Product Water Pipeline Project to allow the river crossing work to be finalized.

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Board of Directors Meeting

Agenda Item

No. 4

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Prepared by: Cindy Miller, South Archibald Plume Project Program Manager Page 1 of 1

Board of Directors: [ ] Approved [ ] Continued [ ] Denied

CDA GM/CEO Acknowledgement: Date:

Agenda Report December 6, 2018

SECTION: Action Item

SUBJECT: SOUTH ARCHIBALD PLUME PROJECT: CONSULTANT SELECTION FOR CONSTRUCTION MANAGEMENT & INSPECTION

RECOMMENDATION: Staff recommends that the Board:

1. Approve a professional services agreement with Vali Cooper & Associates for construction management and inspection services in the not-to-exceed amount of $1,783,264; and

2. Authorize the Interim General Manager to finalize and execute the agreement, with subsequent authorizations up to a not-to-exceed total of $1,980,000.

BACKGROUND: Proposals were solicited for Construction Management and Inspection services for the project on May 21, 2018. Four proposals were received on July 20, 2018 from Vali Cooper, Michael Baker International, MWH Constructors, and Butier Engineering. Proposals were reviewed for compliance and ranked based upon qualitative criteria outlined on the attached Consultant Selection Matrix. The two top ranked proposers, Michael Baker and Vali Cooper, were invited for interviews on September 11 and 12, respectively. The interview panel recommended the selection of Vali Cooper for award of the contract. The Program Manager entered into negotiations with Vali Cooper to finalize their scope of work and fee and presented the updated information to the RP-1 parties for review and approval. This agenda item was reviewed/approved by the RP-1/CDA Group, the Technical Advisory Committee on November 13, 2018, and the Finance Committee on November 15, 2018. IMPACT ON BUDGET: The project will be fully funded by grant funding already secured and deposited in CDA’s account for the South Archibald Plume Project. ATTACHMENTS: Consultant Selection Matrix Vali Cooper Fee Proposal dated October 11, 2018

Page 33: BOARD OF DIRECTORS MEETING December 6, 2018 2:00 p.m

Criteria Total Possible

Points MWH MBI Butier Vali Cooper1 Project understanding and approach

15 13 13 12 12

2 Experience and performance under similar contracts or scope of work, including a summary of the Project Team's qualifications.

15 12 13 11 12

3 Experience and performance working together with proposed team members and sub-consultants. 10 6 7 7 7

4 Ability to understand and perform the project tasks efficiently and in accordance with the requirements of the CDA and the grant compliance documents.

20 16 16 16 17

5 Proposed schedule and ability to meet deadlines15 13 13 13 13

6 Demonstrated commitment of key staff's availability throughout the duration of the project 15 14 14 13 14

7 References10 8 8 8 9

Total Points: 100 81 84 80 84

RANKING OF CONSULTANTS: 2 1 3 1

CONSULTANT SELECTION MATRIXCONSTRUCTION MANAGEMENT/INSPECTION SERVICES FOR THE SOUTH ARCHIBALD PLUME CLEANUP PROJECT

Page 34: BOARD OF DIRECTORS MEETING December 6, 2018 2:00 p.m

Level of Effort for CDA South Archibald Plume Clean-upJan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug31 28 31 30 31 30 31 31 30 31 30 31 31 28 31 30 31 30 31 3122 19 21 22 22 20 22 22 20 23 19 21 22 20 22 22 20 22 22 22

NTP PostNTP

NTP PostNTP Post

Well II-12 Future Parkside Development Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul AugName Title Rate Hours Rate

Edward Durazo Principal in Charge 0Michelle Leonard Project Manager $201.00 8 8 16 16 16 24 32 32 32 32 32 32 32 16 328 $65,928.00Michael Yepiz Field Manager $192.00 35 35 24 24 16 16 16 10 10 10 196 $37,632.00Rich Huffman* Inspector (Plant/Well) $176.00 84 88 80 88 88 80 88 88 20 704 $123,904.00Mike Kenny* IE&C Specialist $163.00 10 10 80 80 180 $29,340.00Jennifer Saldivar Office Engineer / Fund Spec. $138.00 4 4 20 20 20 64 92 84 60 64 59 40 48 40 619 $85,422.00George Escano Scheduler $172.00 5 16 5 5 5 5 5 5 51 $8,772.00

2078 $350,998.00

18" PVC Pipeline Archibald Ave. Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul AugEdward Durazo Principal in Charge 0Michelle Leonard Project Manager $201.00 12 12 8 8 8 24 32 40 40 40 40 24 16 304 $61,104.00Michael Yepiz Field Manager $192.00 20 20 24 32 16 16 16 16 10 10 180 $34,560.00Don Isom* Inspector (Pipeline) $171.00 80 176 160 92 76 84 88 40 796 $136,116.00Jennifer Saldivar Office Engineer / Fund Spec. $138.00 5 5 10 10 10 132 136 100 34 24 24 24 28 542 $74,796.00George Escano Scheduler $172.00 5 16 5 5 5 5 5 5 51 $8,772.00

1873 $315,348.00

24" PVC Pipeline Bellegrave, Wineville & Harrel Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul AugEdward Durazo Principal in Charge 0Michelle Leonard Project Manager $201.00 20 20 16 16 16 32 32 32 48 40 40 40 40 40 32 16 480 $96,480.00Michael Yepiz Field Manager $192.00 32 32 24 32 16 16 16 16 16 16 10 10 236 $45,312.00Don Isom* Inspector (Pipeline) $171.00 92 76 84 88 120 176 176 160 80 40 20 1112 $190,152.00Jennifer Saldivar Office Engineer / Fund Spec. $138.00 5 5 20 20 20 60 48 40 24 24 58 64 58 40 48 40 574 $79,212.00George Escano Scheduler $172.00 5 16 5 5 5 5 5 5 5 5 61 $10,492.00

2463 $421,648.00

Existing Decarbonator System - Chino Desalter II Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul AugEdward Durazo Principal in Charge 0Michelle Leonard Project Manager $201.00 10 10 16 16 16 24 24 24 24 24 24 24 24 24 32 16 332 $66,732.00Michael Yepiz Field Manager $192.00 20 20 24 32 16 16 16 16 16 16 10 10 212 $40,704.00Rich Huffman* Inspector (Plant/Well) $176.00 5 5 184 152 84 88 80 88 88 80 88 88 20 1050 $184,800.00Mike Kenny* IE&C Specialist $163.00 12 12 40 40 104 $16,952.00Jennifer Saldivar Office Engineer / Fund Spec. $138.00 8 8 20 20 20 70 60 40 38 24 58 48 59 40 48 40 601 $82,938.00George Escano Scheduler $172.00 5 5 32 16 6 6 6 5 5 5 91 $15,652.00

2390 $407,778.00

Other Direct Costs Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul AugHarmony Kunz Contract Admin Support $96.00 2 2 2 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 70 $6,720.00

Vehicles $900 per Month 1 1 1 2 2 2 2 2 2 2 2 2 2 21 $18,900.00Field Office $2400 per Month 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 15 $36,000.00

Total: $61,620.00

Sub-Consultants Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul AugMaterials Tester / Inspector $111.78 15 45 80 80 40 80 115 100 35 25 85 100 800 $90,524.50Admin and Report Preperation $125.25 2 6 6 8 8 6 8 10 10 8 4 6 8 90 $11,272.50Laboratory Testing $500 per test 500.00$ 500.00$ 500.00$ 320.00$ 500.00$ 500.00$ 500.00$ 3,320.00$ $3,320.00

Psomas Survey Allowance 109 25 100 121 25 103 100 64 76 647 $110,000.005% Sub-Consultant Mark-up: $10,755.00

Total: $225,872.00

Notes and Assumptions• Fees are based on 18 month construction duration with construction start anticipated in January 2019. $350,998.00• Should the actual schedule require more or less professional services than proposed adjustments to this estimate may be required. $315,348.00• Overtime, rain, holidays and potential time extensions or delays may result in additional professional services. $421,648.00• Rates are valid through 12/31/2018. Above rates are straight-time rates. $407,778.00

- Night work and Overtime will be billed at a pro-rata adjusted rate. $1,495,772.00• * Denotes employees/classifications that are subject to prevailing wage. $61,620.00• Wages for inspection subject to California Labor Code Section 1772. $225,872.00• Rates are based on DIR Prevailing Wage Determination SC-23-63-2-2017-1, which has one (1) pre-determined increase of $2.30/hour effective 8/1/18. $1,783,264.00• This estimate is based on specific scope of work assumptions. • B&C estimates are based on multiple stages of design review (60%, 90%, 100%) • Client will be billed only for hours worked.

Full set of Inspector Bill Rates: Name ST

$176.00

$176.00

$171.00

$171.00

$163.00

$163.00

OT

$264.00

$264.00

$248.00

$248.00

$244.00

$244.00

$330.00

$325.00

$325.00

$352.00

$352.00

$330.00

DT

Ninyo & Moore

Calendar days

2020

Work daysWell II-12 Future Parkside Development

2019

Existing Decarbonator System - Chino Desalter II

18" PVC Pipeline - Archibald Ave.24" PVC Pipeline - Bellegrave, Wineville and Harrel

B&C

B&C Bid AssistBid AssistB&C

B&C Bid AssistBid Assist

Existing Decarbonator System - Chino Desalter II

Totals

Totals

Totals

Totals

Totals

Totals

Well II-12 Future Parkside Development18" PVC Pipeline - Archibald Ave.

24" PVC Pipeline - Bellegrave, Wineville and Harrel

Total Overall CM Services:Other Direct Costs

Sub-ConsultantsTotal Fee:

Sam Roe

Construction

ConstructionConstruction

Construction

Don Isom

Rich Huffman

Page 35: BOARD OF DIRECTORS MEETING December 6, 2018 2:00 p.m

Board of Directors Meeting

Agenda Item

No. 5

Page 36: BOARD OF DIRECTORS MEETING December 6, 2018 2:00 p.m

Year Chairperson Vice Chairperson Secretary

2002 Dennis Yates, Chino Paul Hamrick, JCSD Carole McGreevy, JCSD2003 Paul Hamrick, JCSD J. A. Rodriguez, SARWC Carole McGreevy, JCSD2004 J.A. Rodriguez, SARWC Ed Graham, Chino Hills Carole McGreevy, JCSD2005 Ed Graham, Chino Hills Gerald DuBois, Ontario Carole McGreevy, JCSD

2006 DuBois/K. Jeske, Ontario Harvey Sullivan, Norco McGreevy/Rodriguez (10/5)JCSD/SARWC

2007 Harvey Sullivan, Norco Glenn Duncan, Chino James Huber, JCSD2008 Glenn Duncan, Chino R.M. Barela, JCSD Jim W. Bowman, Ontario2009 R.M. Barela, JCSD Jim W. Bowman, Ontario J.A. Rodriguez, SARWC2010 Jim W. Bowman, Ontario J.A. Rodriguez, SARWC W.C. "Bill" Kruger, Chino Hills

2011 (SARWC- pass)W.C. "Bill" Kruger, Chino Hills Harvey Sullivan. Norco Charles D. Field, WMWD

2012 Harvey Sullivan, Norco Charles D. Field, WMWD Eunice Ulloa, Chino2013 Charles D. Field, WMWD Eunice Ulloa, Chino Robert Craig, JCSD2014 Eunice Ulloa, Chino Betty Anderson, JCSD Jim W. Bowman, Ontario2015 Betty Anderson, JCSD Jim W. Bowman, Ontario J.A. Rodriguez, SARWC2016 Jim W. Bowman, Ontario J.A. Rodriguez, SARWC Peter Rogers, Chino Hills

2017 (SARWC- pass)Peter Rogers, Chino Hills Greg Newton, Norco S.R. 'Al' Lopez, WMWD

2018 Greg Newton, Norco Bob Stockton, WMWD Tom Haughey, Chino

2019 Western Municipal Water District City of Chino Jurupa Community

Services District2020 Chino JCSD Ontario

2021 JCSD Ontario SARWC

2022 Ontario SARWC Chino Hills

2023 SARWC Chino Hills Norco

2024 Chino Hills Norco WMWD

Election of OfficersBoard Rotation

Page 37: BOARD OF DIRECTORS MEETING December 6, 2018 2:00 p.m

Board of Directors Meeting

Agenda Item

No. 6

Page 38: BOARD OF DIRECTORS MEETING December 6, 2018 2:00 p.m

Prepared by: Tom O’Neill, CDA Interim General Manager/CEO Page 1 of 1

Board of Directors: [ ] Approved [ ] Continued [ ] Denied

CDA GM/CEO Acknowledgement: Date:

Agenda Report December 6, 2018

SECTION: ACTION ITEM

SUBJECT: CHINO BASIN DESALTER AUTHORITY BOARD OF DIRECTORS

COMMITTEE APPOINTMENTS (2019) RECOMMENDATION: Appoint members of the Board of Directors of the Chino Basin Desalter Authority to the Finance Committee for calendar year 2019.

BACKGROUND: The standard practice of the CDA Board of Directors is to review Committee appointments on an annual basis. This item is being presented to the Board to enable the Board to change and/or affirm appointments to the CDA Finance Committee. The members of the Finance Committee during 2018 consisted of the Directors from the following member agencies: City of Chino, City of Chino Hills, and Jurupa Community Services District. The Finance Committee is currently the only standing committee of the CDA Board.

IMPACT ON BUDGET: This action will not have an impact on the budget.