HomeMy WebLinkAbout2010-02-11 - Board of Directors Meeting Agenda Packet
Yorba Linda
Water District
AGENDA
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Thursday, February 11, 2010, 8:30 AM
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
William R. Mills, President
Michael J. Beverage, Vice President
Ric Collett
John W. Summerfield
4. ADDITIONS/DELETIONS TO THE AGENDA
5. PUBLIC COMMENTS
Any individual wishing to address the Board is requested to identify themselves and state the matter on which
they wish to comment. If the matter is on the agenda, the Board will recognize the individual for their comment
when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited
to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five
minutes.
6. CONSENT CALENDAR
All items listed on the consent calendar are considered to be routine matters, status reports, or documents
covering previous Board instructions. The items listed on the consent calendar may be enacted by one motion.
There will be no discussion on the items unless a member of the Board, staff, or public requests further
consideration.
6.1. Minutes of the Regular Board of Directors Meeting Held January 28, 2010
Recommendation: That the Board of Directors approve the minutes as presented.
6.2. Payments of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize disbursements in
the amount of $2,215,427.34.
6.3. Final Progress Payment No. 8 and Notice of Completion for the Zone Reconfiguration
Project
Recommendation: That the Board of Directors approve Final Progress Payment No.
8 in the net amount of $136,154.40 to Ken Thompson, Inc.; authorize staff to file the
Notice of Completion and release the retention thirty-five days following recordation
if no liens have been filed, release the Labor and Material Bond, and release the
Faithful Performance Bond in one year if no defects have been found in the Zone
Reconfiguration Project, Job No. 200710.
6.4. Progress Payment No. 21 for the Highland Reservoir Replacement Project
Recommendation: That the Board of Directors approve Progress Payment No. 21 in
the net amount of $243,542.45 to Schuler Engineering Corporation and 10%
retention of $27,060.27 deposited to Citizens Business Bank escrow account for
construction of the Highland Reservoir Replacement Project, Job No. 200309.
6.5. Amendment No. 2 to Professional Services Agreement - Design of Highland Booster
Pump Station Replacement
Recommendation: That the Board of Directors approve Amendment No. 2 to the
Professional Services Agreement (PSA) with MWH Americas, in the amount of
$18,929, for additional engineering services for the Highland Booster Pump Station
Replacement and Expansion Project, Job No. 200814.
6.6. Change Order No. 2 for the San Antonio Pressure Reducing Station Upgrade Project
Recommendation: That the Board of Directors approve Change Order No. 2 in the
amount of $12,777.65 to Paulus Engineering, Inc. for construction of the San
Antonio Pressure Reducing Station Upgrades Project, Job No. 200901.
6.7. Award of Contract for Drilling of Well No. 20
Recommendation: That the Board of Directors authorize execution of a
Construction Agreement for drilling Well No. 20 to Bakersfield Well & Pump
Company, in the amount of $367,291.00.
6.8. Execution of a License Agreement with the Orange County Water District to Discharge
Well 20 Blow-Off Water into the Warner Basin Complex
Recommendation: That the Board of Directors support staffs recommendation to
authorize execution of a License Agreement with OCWD to allow Well 20 blow-off
water to discharge into OCWD's Conrock Basin.
6.9. Recycled Water Facilities Planning Study
Recommendation: That the Board of Directors authorize execution of a Professional
Services Agreement with Malcolm Pirnie, Inc. in the amount of $146,044 to prepare
the Recycled Water Facilities Planning Study.
7. ACTION CALENDAR
This portion of the agenda is for items where staff presentations and Board discussions are needed prior to
formal Board action.
7.1. Resolution 10-01 for Medicare-Only Coverage
Recommendation: That the Board of Directors approve Resolution 10-01 for
submittal to the California Public Employees Retirement System, enabling five long-
term employees to qualify for Medicare-Part A coverage.
8. REPORTS, INFORMATION ITEMS, AND COMMENTS
8.1. President's Report
8.2. Directors' Reports
8.3. General Manager's Report
Presentation by Derek Nguyen, Water Quality Engineer
Water Conservation Gardening Class Irrigating the Low-Water Use Garden at the
Fullerton Arboretum on February 20, 2010 at 1:00 p.m. (Free to YLWD customers who
present their water bill.)
8.4. Future Agenda Items and Staff Tasks
9. COMMITTEE REPORTS
9.1. Executive Administrative-Organizational Committee
(Mills/Beverage) Alternate: Collett
• Meeting scheduled February 16, 2010 at 4:00 p.m.
9.2. Finance-Accounting Committee
(Summerfield/Collett) Alternate: Mills
• Meeting scheduled February 17, 2010 at 4:00 p.m.
9.3. Personnel-Risk Management Committee
(Collett/Beverage) Alternate: Summerfield
Minutes of meeting held February 9, 2010 at 4:00 p.m. (To be provided at the meeting.)
Meeting scheduled March 9, 2010 at 4:00 p.m.
9.4. Planning-Engineering-Operations Committee
(Mills/Summerfield) Alternate: Beverage
Minutes of meeting held February 4, 2010 at 4:00 p.m.
Meeting scheduled March 4, 2010 at 4:00 p.m.
9.5. Public Information-Technology Committee
(Beverage/Summerfield) Alternate:
Minutes of meeting held February 2, 2010 at 4:00 p.m.
Meeting scheduled March 2, 2010 at 4:00 p.m.
9.6. MWDOC/OCWD Ad Hoc Committee
(Mills/Beverage) Alternate: Collett
-Meeting scheduled March 23, 2010 at 4:00 p.m.
9.7. Citizens Advisory Committee
(Directors Rotate Attendance)
• Meeting scheduled February 22, 2010 at 8:30 a.m. has been rescheduled to March 1,
2010 at 8:30 a.m. (Beverage)
10. INTERGOVERNMENTAL MEETINGS
10.1. YL City Council - February 2, 2010 (Mills)
10.2. MWDOC/MWD Workshop Board - February 3, 2010 (Staff)
10.3. OCWD Board - February 3, 2010 (Staff)
10.4. YL Planning Commission - February 10, 2010 (Collett)
11. BOARD OF DIRECTORS ACTIVITY CALENDAR
11.1. Meetings from February 12, 2010 - March 31, 2010
12. ADJOURNMENT
12.1. The Board of Directors will be holding a special meeting on February 18, 2010 at 4:00
p.m. The next regular meeting will be held February 25, 2010 at 8:30 a.m.
Items Distributed to the Board Less Than 72 Hours Prior to the Meeting
Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items
and are distributed to a majority of the Board less than seventy-two (72) hours prior to the meeting will be available for
public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870,
during regular business hours. When practical, these public records will also be made available on the District's internet
website accessible at http://www.ylwd.com/.
Accommodations for the Disabled
Any person may make a request for a disability-related modification or accommodation needed for that person to be
able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba
Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and
the type of accommodation requested. A telephone number or other contact information should be included so the
District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should
make the request with adequate time before the meeting for the District to provide the requested accommodation.
ITEM NO. 6.1
AGENDA REPORT
Meeting Date: February 11, 2010
Subject: Minutes of the Regular Board of Directors Meeting Held January 28, 2010
STAFF RECOMMENDATION:
That the Board of Directors approve the minutes as presented.
ATTACHMENTS:
Narne: Description: Type:
012810 BOD - Minutes.doc BOD Mtg Minutes 01/28/10 Minutes
Approved by the Board of Directors of the
Yorba Linda Water District
2/11/2010
JS/RC 4-0
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
January 28, 2010
1. CALL TO ORDER
The January 28, 2010 regular meeting of the Yorba Linda Water District Board of
Directors was called to order by President Mills at 8:32 a.m. The meeting was
held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA
92870.
2. PLEDGE OF ALLEGIANCE
o
3. ROLL CALL
DIRECTORS PRESENT STAFF PRESENT
William R. Mills, President Ken Vecchiarelli, General Manager
Michael J. Beverage, Vice President Pat Grady, Assistant General Manager
Ric Collett Steve Conklin, Engineering Manager
John W. Summerfield Gina Knight, HR Manager
Cindy Navaroli, Interim Finance Director
Ken Mendum, Water Maintenance Sup
John DeCriscio, Chief Plant Operator
Annie Alexander, Executive Secretary
4. ADDITIONS/DELETIONS TO THE AGENDA
Mr. Vecchiarelli requested that the Board consider adding a meeting of the
Orange County Water District's Water Issues Committee scheduled February 10,
2010 at 8:00 a.m. as Item No. 10.5. Staff would like to request that one of the
Board members attend this meeting as the Committee would be considering the
District's request for annexation and associated Memorandum of Understanding.
This item was then added to the agenda.
5. PUBLIC COMMENTS
None.
6. CONSENT CALENDAR
President Mills commented on a few items on the Consent Calendar and stated
that even though his son was employed by MWH, one of the vendors listed on
Item No. 6.2., legal counsel had advised that it wasn't necessary for him to
abstain from these payments.
On a motion by Director Beverage, seconded by Director Summerfield, the Board
voted 4-0 to approve the Consent Calendar. Director Collett abstained from
voting on Check No. 53327 of Item No. 6.2. as he had a financial interest with the
vendor.
1
6.1. Minutes of the Regular Board of Directors Meeting Held January 14, 2010
Recommendation. That the Board of Directors approve the
minutes as presented.
6.2. Payment of Bills, Refunds, and Wire Transfers
Recommendation. That the Board of Directors ratify and authorize
disbursements in the amount of $1,309,302.38.
6.3. Progress Payment No. 4 for the San Antonio Pressure Reducing Station
Upgrade Project
Recommendation. That the Board of Directors approve Progress
Payment No. 4 in the net amount of $39,772.56 to Paulus
Engineering, Inc. for construction of the San Antonio Pressure
Reducing Station Upgrades Project, Job No. 200901.
6.4. Progress Payment No. 7 for the Zone Reconfiguration Project
Recommendation. That the Board of Directors approve Progress
Payment No. 7 in the net amount of $121,974.65 to Ken
Thompson, Inc. for construction of the Zone Reconfiguration
Project, Job No. 200710.
6.5. Progress Payment No. 8 for Construction of the Hidden Hills Reservoir
Project
Recommendation. That the Board of Directors approve Progress
Payment No. 8 in the net amount of $338,967.00 to Pacific
R Hydrotech Corporation for construction of the Hidden Hills
Reservoir Project, Job No. 200028.
6.6. Amendment No. 1 to Professional Services Agreement - Design of
Highland Booster Pump Station Replacement
Recommendation. That the Board of Directors approve
Amendment No. 1 to the Professional Services Agreement (PSA)
with MWH Americas, in the amount of $91,940, for additional
engineering services for the Highland Booster Pump Station
Replacement and Expansions Project, Job No. 200814.
6.7. Zone Reconfiguration Project Change Order Number 2
Recommendation. That the Board of Directors approve Change
Order No. 2 in the amount of $151,282.66, with the addition of 31
calendar days to Ken Thompson, Inc. for construction of the Zone
Reconfiguration Project, Job No. 200710.
2
7. ACTION CALENDAR
7.1. Review of Authorized Positions FY 2009/2010
Mr. Vecchiarelli explained that staff was requesting the Board to consider
reclassifying two employees who have been employed in underfilled
positions. The intent would be to try to retain these skilled employees as
staff expects a decline in the job force due to the retirement of key
personnel within the next 5 years. Both of these employees meet the
qualifications of the higher classification including required certifications
and possession of a Class A drivers license. The fiscal impact would be
minimal as several other authorized positions have remained vacant
longer than expected.
Director Collett stated that the Personnel-Risk Management Committee
had discussed this matter and recommended that the Board approve the
reclassification.
On a motion by Director Collett, seconded by Director Beverage, the
Board voted 4-0 to approve the reclassification of two District employees.
Mr. Mendum left the meeting at this time.
7.2. Medicare-Only Coverage
Mr. Vecchiarelli explained that staff had become aware that 5 long-term
employees had not been paying Medicare taxes during their employment
with the District as a result of an exception in the Internal Revenue Code
implemented in 1986. Due to this exception, any District employee who
was employed prior to April 1, 1986 and continued their employment to the
present did not pay into the Medicare hospital portion of Social Security.
Staff has contacted CalPERS who has advised that the Board would need
to adopt a resolution to allow these employees the opportunity to elect into
this coverage. Should the Board decide to approve this proposal, staff will
prepare a resolution for adoption at the next meeting.
Mr. Vecchiarelli then responded to questions from the Board regarding the
estimated cost and participation requirements.
On a motion by Director Beverage, seconded by Director Collett, the
Board voted 4-0 to approve the proposal to extend Medicare only
coverage to the five dedicated employees, each of whom has worked for
the District for more than twenty years.
8. REPORTS, INFORMATION ITEMS AND COMMENTS
8.1. President's Report
President Mills reported that he and Mr. Vecchiarelli decided not to attend
the ACWA DC Conference as the project for which the District was
seeking funding for had been submitted several times in the past.
President Mills also requested that staff work with the Black Gold Golf
Course to help them reduce their irrigation costs.
3
8.2. Directors' Reports
Director Collett reported that he had attended the memorial service for
Paul Armstrong and that it was nice to see a summary of his life. Director
Collett also commented on the water flow in the Santa Ana River.
Mr. Vecchiarelli stated that he noticed that the water flow in the river was
being diverted now instead of being allowed to run freely downstream.
Director Summerfield and President Mills then commented on the Prado
dam and associated water storage.
Director Beverage expressed his regret that he was not able to attend the
memorial service.
Director Summerfield commended President Mills on his remarks during
the memorial service.
8.3. General Manager's Report
Mr. Vecchiarelli reported that the 3rd water conservation gardening class
was held at the Fullerton Arboretum over the weekend. The vast majority
of the attendees were District customers although total attendance was
slightly down because of the inclement weather. Mr. Vecchiarelli and Mr.
DeCriscio then provided the Board with an overview of District
preparations for the scheduled MET shutdown, available water storage
and water usage trends.
Mr. DeCriscio left the meeting at this time.
8.4. Future Agenda Items and Staff Tasks
None.
9. COMMITTEE REPORTS
9.1. Executive-Administrative-Organizational Committee
(Mills/Beverage) Alternate: Collett
Minutes of the meeting held January 19, 2010 were provided in the
agenda packet. Directors Mills and Beverage attended. Matters
discussed during the meeting were as follows: OCWD Annexation - Draft
Memorandum of Understanding; Records Retention Schedule Update;
ACWA/JPIA 2010 Executive Committee Selection; Vacancy on the Board
of Directors; City of Yorba Linda and City of Placentia Sewers; and
General Counsel's Monthly Summary Billing Report.
Meeting scheduled February 16, 2010 at 4:00 p.m.
Mr. Vecchiarelli commented on the District's legal expenses and stated
that expenses for General Counsel related to the Freeway Complex Fire
did not qualify for reimbursement by ACWA/JPIA.
4
9.2. Finance-Accounting Committee
(Summerfield/Collett) Alternate: Mills
Meeting scheduled February 8, 2010 at 4:00 p.m. has been rescheduled
to February 17, 2010 at 4:00 p.m.
9.3. Personnel-Risk Management Committee
(Collett/Beverage) Alternate: Summerfield
Meeting scheduled February 9, 2010 at 4:00 p.m.
9.4. Planning-Engineering-Operations Committee
(Mills/Summerfield) Alternate: Beverage
Meeting scheduled February 4, 2010 at 4:00 p.m.
9.5. Public Information-Technology Committee
(Beverage/Summerfield) Alternate:
Meeting scheduled February 2, 2010 at 4:00 p.m.
9.6. MWDOC/OCWD Ad Hoc Committee
(Mills/Beverage) Alternate: Collett
Minutes of the meeting held January 26, 2010 were provided at the
meeting. Directors Mills and Beverage attended. Matters discussed
during the meeting were as follows: OCWD Annexation; Discussions with
6 South County Agencies; Water Supply Situation; and Upcoming MET
Rate Discussions.
Meeting scheduled March 23, 2010 at 4:00 p.m.
9.7. Citizens Advisory Committee
(Directors Rotate Attendance)
Minutes of the meeting held January 25, 2010 were provided at the
meeting. Director Mills attended. Matters discussed during the meeting
were as follows: Introduce President Mills, CAC Members, Visitors and
Water Quality Division; Vacancy on the Board of Directors; City of Yorba
Linda and City of Placentia Sewers; Existing Improvement Districts and
Future Development; Water Bill Redesign; and Request for Proposals for
Cost of Service and Water Rate Study.
Meeting scheduled February 22, 2010 at 8:30 a.m. (Beverage)
Director Mills requested that the presentation provided to the Citizens
Advisory Committee regarding water quality be provided to the Board at a
future meeting.
5
Mr. Vecchiarelli then responded to questions from the Board regarding the
RFP to be issued for a Cost of Service and Water Rate Study.
10. INTERGOVERNMENTAL MEETINGS
10.1. YL City Council - January 19, 2010 (Summerfield)
Director Summerfield attended and stated that a nice tribute to Paul
Armstrong was made at the meeting. Director Summerfield commented
on an ethics policy/open government regulations ordinance which was
approved during the meeting.
Mr. Vecchiarelli stated that staff would be presenting an ethics policy to
the Executive-Administrative-Organizational Committee for review in
February.
Director Summerfield further commented on a conditional use permit for
the Friends Christian High School and a law enforcement services study
which were discussed during the meeting. Director Summerfield then
summarized the options available to the City for law enforcement as
identified in the study.
Nancy Rikel, Councilmember for the City of Yorba Linda, addressed the
Board and stated that the City Council planned to conduct additional
workshop meetings to further discuss available law enforcement options.
10.2. MWDOC Board - January 20, 2010 (Staff)
Staff did not attend. Mr. Vecchiarelli reported that he had been asked to
attend the OCWA meeting that morning to say a few words about Paul
Armstrong.
10.3 OCWD Board - January 20, 2010 (Staff)
Staff did not attend. Mr. Vecchiarelli commented on OCWD's employee
recognition program and stated that staff was considering incorporating
some of their ideas into the District's program. Mr. Vecchiarelli further
stated that OCWD had held a special Board meeting on January 27th to
interview applicants for the vacancy on their Board of Directors. Staff did
not know the results of the meeting at the time.
Director Beverage stated that Joan Finnegan and Jeffery Thomas were
recently elected as President and Vice President respectively, of the
MWDOC Board of Directors.
10.4. YL Planning Commission - January 27, 2010 (Collett)
Director Collett was unable to attend.
10.5. OCWD Water Issues Committee - February 10, 2010
Director Mills volunteered to attend this meeting along with staff.
6
11. BOARD OF DIRECTORS ACTIVITY CALENDAR
11.1. Meetings from February 1, 2010 - March 31, 2010
The Board reviewed the listed meetings and made no changes.
12. ADJOURNMENT
12.1. The meeting was adjourned at 9:38 a.m. The next regular meeting of the
Board of Directors will be held February 11, 2010 at 8:30 a.m.
Ken Vecchiarelli
Board Secretary
7
ITEM NO. 6.2
AGENDA REPORT
Meeting Date: February 11, 2010 Budgeted: Yes
Total Budget: N/A
To: Board of Directors Cost Estimate: $2,215,427.34
Funding Source: All Funds
From: Ken Vecchiarelli, General Account No: N/A
Manager
Job No: N/A
Presented By: Cindy Navaroli, Interim Finance Dept: Finance
Director
Reviewed by Legal: N/A
Prepared By: Maria Trujillo, Accounting CEQA Compliance: N/A
Assistant I
Subject: Payments of Bills, Refunds, and Wire Transfers
SUMMARY:
Section 31302 of the California Water Code says the District shall pay demands made against it
when they have been approved by the Board of Directors. Pursuant to law, staff is hereby
submitting the list of disbursements for Board of Directors' approval.
STAFF RECOMMENDATION:
That the Board of Directors ratify and authorize disbursements in the amount of $2,215,427.34.
DISCUSSION:
The major items and wire transfers on this disbursement list are as follows: A wire of $1,214,099.10
to OCWD for July through December 2009 Replenishment Assessment; a wire of $291,975.55 to
MWDOC for December 2009 water purchases; a check of $243,542.45 to Schuler Engineering
Corporation for Highland Reservoir (January 2010 progress payment); and, a check of $49,403.00
to Southern California Edison for January 2010 services on various sites. The balance of
$199,943.22 is for routine invoices.
ADP issues our payroll checks, with the exception of the third party checks.
The Accounts Payable check register total is $1,998,963.32; Payroll No. 2 total is $216,464.02; and
the disbursements of this agenda report are $2,215,427.34. A summary of the checks is attached.
PRIOR RELEVANT BOARD ACTION(S):
The Board of Directors approves bills, refunds and wire transfers semi-monthly.
ATTACHMENTS:
Name: Description: Type:
CkReg21110 BOD.pdf Check Register Backup Material
09-CS 211.doc Cap Sheet Backup Material
Approved by the Board of Directors of the
Yorba Linda Water District
2/11/2010
JS/RC 4-0
MB abstained from voting on Check No.
53365 as the vendor was a source of
income.
Yorba Linda Water District
Check Register
For Checks Dated: 1/29/2010 thru 2/11/2010
Check No. Bate Vendor Name Amount Description ($25k or greater)
53370 02/11/2010 A Plus Awards By Dewey 112.88
53366 02/11/2010 Abbott Staffing Group, Inc. 4,142-90
53367 02]11/2010 ACWA/JPIA 26,858.00 Workers Comp preen 10.12/09
53368 0211112010 Adams Pipeline Tapping 225.00
53358 0211112010 Angeles Contractor Inc. 932.50
53359 0211112010 Answer One Communications 430.28
53371 0211112010 Aqua-Metric Sales Co. 2,213.81
53372 02/11/201.0 Aramark Uniform Services, Inc 401.63
53360 02/11/2010 Archstone 970.00
53373 02/11/201.0 AT & T Calnet2 7,208.35
53374 0211112010 AT & T Mobility 350.06
53383 02/11/2010 C & L Refrigeration Corp. 1,114.99
53386 0211112010 C. Wells Pipeline 435.88
53375 02/11/2010 Calolympic Safety Co. 243.98
53376 02/11/2010 CalPERS 1,915.20
53377 022/11/2010 CDW Government, Inc 5,498.36
53378 02,/11/2010 Ceridian Benefits Services 100.00
53379 02/11/2010 CESA-5C 55.00
,93381 02/11/20117 Citizen's Business Bank 27,060,27 Highland Retention Jan 2010
53382 02/11/2010 City Of Placentia 158.00
53384 02/11/2010 Coast Surveying, Inc. 1,433.50
53385 02/11/2010 Consolidated Reprographics 425.48
53387 02/11/2010 Dangelo Co. 759.13
53388 0211112010 Dell Marketing L.P. 491.52
533139 02/11/2010 Hsel Enterprises, Inc. 711.56
53390 02111/2010 fairway Ford Sales, Inc, 56.82
53391 02/11/2010 Federal Express 32.37
53392 0211112010 Haaker Equipment Co. 1,311.05
53393 02/11/2010 Horne Depot Credit Services 337.1€3
53394 0211112010 Infosend Inc. 8,683-10
53395 02/1112010 Jackson's Auto Supply Napa 593.30
53361 02/11/2010 John Nicholas 4.98
53396 02/11/2010 Katrina Aragon 1,185.55
53362 02/11./2010 Kelly Sell 13.94
53397 0211112010 Konica Minolta Business 62.43
53357 0211112010 Lar€:o Fngineering 230.00
531.58 01/29/2010 Larry Rawley -41.52
53:398 0211112010 Leighton Consulting, Inc. 5,077.20
53364 02/11/2010 Liberty Alliance Inc 15.14
53399 0211112010 Liebert Cassidy Whitmore 8,081.x'
53400 02/11/201.0 Minuteman Press 909.23
5:3401 0211112010 Mobile Hose & Hydraulic Supply 2.50
53402 02/11/2010 Morton Stilt 702.41
53403 0211112010 MSO Technolopies, Inc. 1,890.00
W21.110 0211112010 Municipal Water District 291,975.55 Water purchase Dec 2009
53404 02/11/2010 Muzak LLC 65.25
53405 02/11/2010 NASSCO - PACP 850.00
53406 0211112010 New Pig Corporation 253.74
53407 02111/2010 Nextel Communications 2,036.42
53408 0211112010 Nickey Petroleum Co 3,883.18
53409 02/11/2010 Office Solutions 533.34
53410 02/11/2010 Orange County - Fire Authority 1,251.00
53411 02/11/2010 Change County Water Assn.-Dues 100.00
W12910 01/29/2010 Change County Water district 1,214,099.10 ReplerIOUnt.ASSess Jul-Dec09
53412 02/11/2010 Orvac Electronics 38.45
53416 02/11/2010 P.7.1. Sand & Gravel, Inc. 383.98
53413 02/11/2010 Parts Source Anaheim 93.26
53380 02/11/2010 Platinum Consulting Group 27,120.00 Dec-Jan 15 C.Navaroh consult
53414 02/11/201D Plumbers Depot Inc. 195.48
53415 021/11/2010 Praxair Distribution 82.00
53417 02/11/2010 Quinn Power Systems Associates 1,444-05
53418 02/11/2010 Randy's Automotive & TransmissiOn 2,210.81
53419 02/1112010 Refrigeration Supplies 212.63
53420 02111/201.0 RKI Engineering, LLC 3,780.00
53363 0211112010 Rosalie Rocha 28.30
53421 02/11/2010 Sanders Paving, Inc. 350.00
53422 02{11/2010 SC Fuels 857.39
53423 02/11/2010 Schuler Engineering Corp. 243,542.45 Highland prcg pay January 10
53440 02'11/2010 Schuler Engineering Corp. 17,938.90
53424 0211112010 Selman Chevrolet Company 55.21
53425 02`11/2010 Shred-it USA Inc 72.15
53426 02/11/2010 Snap On Tools 147.09
53427 02/11/2010 Southern Calif Edison Co. 49,40100 Various sites January 10
53428 0211112010 Southern Calif Gas Co. 3,200.53
53429 02/11/2010 Stacy Bavol/Petty Cash 302.60
53430 02/11/2010 Staples Business Advantage 934.33
53359 0211112010 Tight Quarters Inc 897,10
53431 02/11/2010 Time Warner Cable 298.04
53432 0211112010 United Traffic Services & Supply 346.37
53365 02/11/2010 Upper K Shappei 34.94
53356 02/11/2010 USA Property Pres. 35.20
53433 02/11/2010 Verizon Wireless 360.10
53434 0211112010 Vision Service Plan 1,619.39
53435 02/11/2010 Water Environment Federation 935.00
53436 02/11/2010 Wells Supply Co 6,678.12
53437 0211112010 West Coast Safety Supply Co 5,707.97
53438 02/11/2010 Western Highway Products, Inc. 35.49
53439 02/11/2010 Yorba Linda Hardware 28.69
Total $1,998,963.32
February 11, 2010
CHECK NUMBERS:
Void Check 53158 $ (41.52)
Computer Checks 53356-53440 $ 492,930.19
$ 492, 888.67
WIRES:
W-12910 OCWD $1,214,099.10
W-21110 MWDOC $ 291,975.55
$1,506,074.65
TOTAL OF WIRE AND CHECKS $ 1,998,963.32
PAYROLL NO. 2: (including ADP checks):
District Manual Checks 4416 - 4421 $ 216,464.02
DISBURSEMENT TOTAL: $ 2,215,427.34
APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD
MEETING OF FEBRUARY 11, 2010
TOTAL DISBURSEMENTS ARE DISTRIBUTED TO THE FUND ACCOUNTS
AS FOLLOWS:
WATER $ 2,175,668.81 SEWER $ 34,078.82
ID # 1 $ 2,605.02 ID # 2 $ 3,074.69
TOTAL: $ 2,215,427.34
ITEM NO. 6.3
AGENDA REPORT
Meeting Date: February 11, 2010 Budgeted: Yes
Total Budget: 2.3M
To: Board of Directors Cost Estimate: 2.3M
Funding Source: ID No. 1 GO Bonds
From: Ken Vecchiarelli, General Account No: 301-2700
Manager
Job No: 200710
Presented By: Steve Conklin, Engineering Dept: Engineering
Manager
Reviewed by Legal: N/A
Prepared By: Joe Polimino, Project Engineer CEQA Compliance: Exempt
Subject: Final Progress Payment No. 8 and Notice of Completion for the Zone
Reconfiguration Project
SUMMARY:
Construction is complete. Staff recommends approval of Final Progress Payment No. 8 and filing of
the Notice of Completion.
STAFF RECOMMENDATION:
That the Board of Directors approve Final Progress Payment No. 8 in the net amount of
$136,154.40 to Ken Thompson, Inc.; authorize staff to file the Notice of Completion and release the
retention thirty-five days following recordation if no liens have been filed; release the Labor and
Material Bond; and release the Faithful Performance Bond in one year if no defects have been
found in the Zone Reconfiguration Project, Job No. 200710.
DISCUSSION:
In accordance with the contract documents, Ken Thompson, Inc. submitted a request for Final
Progress Payment No. 8, in the amount of $151,282.66, which is the final payment for all work on
the project through January 31, 2010. During this period, Ken Thompson and the District processed
Change Order No. 2 for the project. This is the final pay request for the project.
The status of the construction contract with Ken Thompson, Inc. is as follows:
. The current contract (including Change Order No. 2 which added $151,282.66 and 31
calendar days) is $1,325,310.05 and 238 calendar days starting May 4, 2009.
. If approved, Progress Payment No. 8 is $151,282.66 (11.4% of the total contract amount),
less 10% retention of $15,128.26 for a net payment of $136,154.40.
. Total payments to date including retention are $1,325,310.05 (100.0% of the total contract
amount).
District Staff reviewed the contractor's progress payment and recommend approval. A copy of
Progress Payment Number 8 is attached for your reference.
PRIOR RELEVANT BOARD ACTION(S):
On February 12, 2009, the Board of Directors authorized award of a construction contract with Ken
Thompson, Inc. in the amount of $1,099,000. The Board of Directors has approved seven Progress
Payments to date, the most recent of which was approved on January 28, 2010. The Board
approved Change Order No. 1 in the amount of $75,027.39 and 7 calendar days on December 23,
2009, and Change Order No. 2 in the amount of $151,282.66 and 31 calendar days on January 28,
2010.
ATTACHMENTS:
Name: Desci nation: ype:
Ken_Thompson _Final _Progress _Pay Report_8.pdf KTI Final Progress Pay Report 8 Backup Material
Approved by the Board of Directors of the
Yorba Linda Water District
2/11/2010
JS/RC 4-0
YORBA LINDA WATER DISTRICT FINAL PROGRESS PAY REPORT
PROJECT Zane Reconfiguration Project PROGRESS PAY REQUEST NO. 008
LOCATION Yorba Linda, CA PROJECT NO. 200710 PACE 1 OF 1 PAGES
CONTRACTOR Ken Thompson, Inc. DATE 212110
ORIGINAL CONTRACT AMOUNT. $ 1,099,000.00
AUTHORIZED CHANGE ORDERS: $ 226,310.05
REVISED CONTRACT AMOUNT= $ 1,325,310.05
PROGRESS PAY ESTIMATE FOR PERIOD January 1, 2010 TO January 31, 2010
PREVIOUS THIS MONTH TO DATE
VALUE OF WORK COMPLETED $ 1,099,000.00 $ - $ 1,099,000.00
CHANGE ORDER WORK COMPLETED $ 75,027.39 $ 151,282.66 $ 226,310.05
TOTAL VALUE OF WORK COMPLETED $ 1,174,027.39 $ 151,282.66 $ 1,325,31•0,05
LESS RETENTION 10% $ 132,531.00
LESS OTHER DEDUCTIONS Electronic Wire Fees $ -
NET EARNED TO DATE $ 1,192,779-05
LESS AMOUNT PREVIOUSLY PAID $ 1,056,624.65
BALANCE DUE THIS ESTIMATE $ 136,154.40
NOTICE TO PROCEED May 4, 2009
COMPLETION TIME 200 CALENDAR DAYS
APPROVED TIME EXTENSIONS 38 CALENDAR DAYS
TOTAL CONTRACT TIME 238 CALENDAR DAYS
TIME EXPENDED TO DATE 238 CALENDAR DAYS
TIME REMAINING 0 CALENDAR DAYS
REQUESTED BY: DATE: - U
Dan De nQ~Ken Thompson, Irc,. }
BYCOMMENf]ED ' r i rfJ~°G
d - S.- - - DATE: 1 I
I Jes Sosa, Inspector, YLWD
APPROVED BY. _ DATE:
Kenneth R. Vecchiarelli, General Manager, YLWD
ITEM NO. 6.4
AGENDA REPORT
Meeting Date: February 11, 2010 Budgeted: Yes
Total Budget: $11.2M
To: Board of Directors Cost Estimate: $11.2M
Funding Source: Water Revenue Bond
From: Ken Vecchiarelli, General Account No: 101-2700
Manager
Job No: 200309
Presented By: Steve Conklin, Engineering Dept: Engineering
Manager
Reviewed by Legal: No
Prepared By: Joe Polimino, Project Engineer CEQA Compliance: MND
Subject: Progress Payment No. 21 for the Highland Reservoir Replacement Project
SUMMARY:
Work is proceeding on schedule and on budget for the construction of the Highland Reservoir
Replacement Project. Construction is approximately 75% complete. Submitted for consideration is
construction Progress Payment No. 21.
STAFF RECOMMENDATION:
That the Board of Directors approve Progress Payment No. 21 in the net amount of $243,542.45 to
Schuler Engineering Corporation and 10% retention of $27,060.27 deposited to Citizens Business
Bank escrow account for construction of the Highland Reservoir Replacement Project, Job No.
200309.
DISCUSSION:
In accordance with the contract documents, Schuler Engineering Corporation submitted a request
for Progress Pay No. 21 for the period ending January 31, 2010. This progress pay request includes
payment for continued installation of rebar, formwork and placing concrete for the reservoir walls
and columns for Basins 1 & 2. In January, the contractor placed approximately 180 cubic yards of
concrete into prepared wall and column forms. The status of the construction contract with Schuler
Engineering is as follows:
. The current contract amount is $9,481,193.87 and 804 calendar days (includes $431,847.87
in authorized change orders and additional 74 calendar days with approved time extensions).
. If approved, Progress Payment No. 21 is $270,602.72 (2.9% of the revised contract amount)
less 10% retention of $27,060.27 for a net payment of $243,542.45.
. If approved, total progress payments to date including retentions are $7,144,968.16 (75.4% of
the total revised contract amount).
. As of January 31, 2010, 609 calendar days were used (75.7% of the revised contract calendar
days).
Staff and Carollo Engineers, the District's construction management consultant, reviewed the
progress payment request and recommend payment. A copy of Progress Payment Request No. 21
is attached for your information.
PRIOR RELEVANT BOARD ACTION(S):
The Board has approved 20 progress payments to date, the most recent of which was approved on
January 14, 2010.
ATTACHMENTS:
Schuler Engineering PPR 21 Highland Reservoir.pdf Schuler Engineering PPR21 Highland Reservoir Backup Material
Approved by the Board of Directors of the
Yorba Linda Water District
2/11/2010
JS/RC 4-0
YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT
PROJECT Highland Reservoir PROGRESS PAY REQUEST NO. 21
LOCATION Ynrba Linda PROJECT NO. J- PAGE 1 OF 1 PAGES
200309
CONTRACTOR Schuler Engineering DATE Jan. 31, 2010
ORIGINAL CONTRACT AMOUNT: $ 9,049,346.00
AUTHORIZED CHANGE ORDERS: $ 431,847.87
REVISED CONTRACT AMOUNT: $ 9,481,193.87
PROGRESS PAY ESTIMATE FOR PERIOD January 1, 2010 TO Janua 31, 2010
PREVIOUS THIS MONTH TO DATE
VALUE OF WORK COMPLETED $ 6,448,935.09 $ 270,60232 $ 6,719,537.81
CHANGE ORDER WORK COMPLETED $ 425,430.35 IS 425,430,35
TOTAL VALUE OF WORK COMPLETED $ 6,874,365.44 $ 270,602.72 $ 7,144,968.16
LESS RETENTION 10% $ 714,496.82
LESS OTHER DEDUCTIONS
AMOUNT DUE THIS ESTIMATE $ 6.430,471.34
LESS AMOUNT PREVIOUSLY PAID $ 6,186,928.89
BALANCE DUE THIS ESTIMATE $ 243,542.45
COMPLETION TIME 730 CALENDAR DAYS
APPROVED TIME EXTENSIONS 74 CALENDAR DAYS
TOTAL CONTRACT TIME 804 CALENDAR DAYS
TIME EXPENDED TO DATE 609 CALENDAR DAYS
TIME REMAINING 195 CALENDAR DAYS
REQUESTED BY: DATE:
SCHULER ENGINEERING-CONTRACTOR
Chas Wick
71,
APPROVED BY: DATE: I ! £J
CAROLLO-OWNER'S- REPRESENTATIVE
Brian Wilson
APPROVED BY: DATE:
YLWD- OWNER
Steve Conklin
ITEM NO. 6.5
AGENDA REPORT
Meeting Date: February 11, 2010 Budgeted: Yes
Total Budget: $5.5M
To: Board of Directors Cost Estimate: $18,929
Funding Source: Water Revenue Bond
From: Ken Vecchiarelli, General Account No: 101-2700
Manager
Job No: J-200814
Presented By: Steve Conklin, Engineering Dept: Engineering
Manager
Reviewed by Legal: N/A
Prepared By: Hank Samaripa, Project CEQA Compliance: N/A
Engineer
Subject: Amendment No. 2 to Professional Services Agreement - Design of Highland
Booster Pump Station Replacement
SUMMARY:
Design of the new Highland Booster Pump Station (BPS) is proceeding on schedule. During recent
discussions concerning various project elements, District staff and the project team determined that
additional design efforts are needed which were not included in the original scope of work and the
Professional Services Agreement (PSA). MWH prepared a proposal for these additional
engineering services, which staff has reviewed and is recommending for approval.
STAFF RECOMMENDATION:
That the Board of Directors approve Amendment No. 2 to the Professional Services Agreement
(PSA) with MWH Americas, in the amount of $18,929, for additional engineering services for the
Highland Booster Pump Station Replacement and Expansion Project, Job No. 200814.
COMMITTEE RECOMMENDATION:
The Planning-Engineering-Operations Committee discussed this matter at its meeting on February
4, 2010 and supports staff recommendation.
DISCUSSION:
During the review of the 75% design plans, District staff identified the need for revisions to the
original design elements not in the original services agreement. At the request of District staff, MWH
provided a proposal for additional civil engineering services for a new access road and security
entrance to the reservoir and pump station; and added structural and mechanical engineering for a
split level floor design to accommodate large piping and control valves, and new gas engines.
These added design services provide for optimum maintenance serviceability of the new equipment
as well as better access and security to the site. MWH submitted a proposal for the design services
which was significantly reduced through negotiations with District staff. The attached proposal for
additional services is the amount recommended by District staff as necessary and appropriate for
the work requested. If approved, Amendment No. 2 for $18,929 will increase the PSA total from
$568,098 to $587,027. A copy of the proposal by MWH is attached.
PRIOR RELEVANT BOARD ACTION(S):
On July 9, 2009 the Board of Directors approved the award of the Professional Services Agreement
for the Highland Booster Pump Station Replacement Project to MWH Americas, for a fee not to
exceed $469,593. On January 28, 2010 the Board of Directors approved Amendment No. 1 for a
fee not to exceed $91,940.
ATTACHMENTS:
Name: Description: Type:
MWH addm 2 012710.pdf MWH addn 2 Backup Material
Approved by the Board of Directors of the
Yorba Linda Water District
2/11/2010
JS/RC 4-0
MWH
DDN.DJXG A BETTER WORLD
January 28, 2010
Hank Samaripa
Yorba Linda Water District
1717 E. Miraloma Ave.
Placentia., CA 92870
Subject: Highland Pump Station, Project No. J-200814
Proposal for Additional Design Services
Dear Mr, Samaripa:
MWH is designing the Replacement Highland Pump Station Project for the District. The
preliminary design was completed on September 1, 2009. The 75% plans and specifications
were submitted to the District for review on December 2, 2009. Some of the 75% design review
comments received from the District requires additional design services that were not included
in our original scope of services. We are requesting a contract addendum to complete these
additional services.
The original scope of services was based can a concept design provided by the District. Some of
the corn mepAs receive--' in the design review change the assumptions made in olor scope of
services. The following changes will require additional design:
1. Civil - The design will now include re-grading the area around the existing cell tower and
connecting to an existing retaining wall. A new access road will be graded and paved to
connect the southerly access road to the reservoir access road at the east entrance.
Fencing modifications will be made at the east entrance and the horizontal control plan
will need to be extended to snow the east property line.
2. Structural The building will include a split-level floor for the pump room. The change
will affect the floor and wall design. New building calculations will be required.
Modifications will be made to the floor" plan, elevations and details.
3. Mechanical - The mechanical plan and sections will be modified to accommodate the
split level floor in the pump room. Floor drains will be modified to separate the drainage
from the two levels.
These changes will revise both the plans and specifications. MWH will start immediately upon
your authorization. Attached is Exhibit A that describes the additional hours and budget needed
for this work. Please contact Michael Moore at (949) 328-2405 if you have any questions.
f' ly
Jo" n Ro inson
Vi President
618 1Micnillioda five, 7, 626 796 9141
- Suite 200 g Ax 62655 0 6101
Pr;.ada, CA 91,007
r~r:.Rrahg's~baf.ctm
Exhibit 8
Proposed Budget
Exhibit A
YLWD HP-Addendum#2 Budget
Task
Principe!
Principal
Professional
5upv
Engineer
Designer
CADp
Other Direct
Cast
Total
Addendum 2
235
210
185
135
16.75
1.Civit Design
1
2
28
8
0
$1,214
$7,559
2.Structural Design
1
8
20
26
0
$8,725
3.Mechanical
1 11
21
12
$2635
Total
1 2381
222
_2251
169
$0
1 $1,214
1 $18,929
ITEM NO. 6.6
AGENDA REPORT
Meeting Date: February 11, 2010 Budgeted: Yes
Total Budget: $280,000
To: Board of Directors Cost Estimate: $280,000
Funding Source: ID No. 1 GO Bonds
From: Ken Vecchiarelli, General Account No: 101-2700
Manager
Job No: 200901
Presented By: Steve Conklin, Engineering Dept: Engineering
Manager
Reviewed by Legal: No
Prepared By: Joe Polimino, Project Engineer CEQA Compliance: Exempt
Subject: Change Order No. 2 for the San Antonio Pressure Reducing Station Upgrade
Project
SUMMARY:
Construction is complete by Paulus Engineering, Inc for the San Antonio Pressure Reducing Station
Upgrade Project. This station supplies water to the recently completed Zone Reconfiguration
Project. Due to changed conditions determined during construction, approval of Change Order No.
2 is recommended to complete the project.
STAFF RECOMMENDATION:
That the Board of Directors approve Change Order No. 2 in the amount of $12,777.65 to Paulus
Engineering, Inc. for construction of the San Antonio Pressure Reducing Station Upgrades Project,
Job No. 200901.
COMMITTEE RECOMMENDATION:
The Planning-Engineering-Operations Committee discussed this at their meeting on February 4,
2010 and support staff recommendation for approval.
DISCUSSION:
In accordance with the contract documents, Paulus Engineering, Inc. has submitted a request for
Change Order No. 2, which represents an increase in the contract amount of $12,777.65 and a time
extension of 0 calendar days.
The claim relates to the existing vault top which was removed per plan. During this operation, it was
discovered that there was a conflict with an existing SCE electrical conduit that was encased in
concrete. The concrete encasement was not shown an any available plans. An RFI was sent in to
Psomas, the Engineer of Work for a solution. The recommendation was that the contractor saw-cut
the complete perimeter wall of the existing vault to adjust it to elevation needed to provide the
necessary clearance to the SCE encasement.
The cost quotation for the extra work was reviewed by District staff and our Engineer of Work and
determined to be necessary and appropriate for the services of a subcontractor to saw cut around
the entire vault and demolish and remove the excess concrete.
The status of the construction contract with Paulus Engineering, Inc. is as follows:
. The current contract is $256,816.73 and 130 calendar days starting June 22, 2009.
. If approved, Change Order No. 2 adds $12,777.65 (5.0% of the current contract amount) and
0 calendar days.
. If approved, Change Order No. 2 increases the total contract amount to $269,594.38 and 130
calendar days.
Staff and Psomas, the Districts design engineer, have reviewed the contractor's request for Change
Order No. 2 and recommend approval. A copy of Change Order No. 2 is attached for your
reference.
PRIOR RELEVANT BOARD ACTION(S):
The Board of Directors approved four progress payments to date, the latest of which was approved
on January 28, 2010. On December 10, 2009, the Board approved Change Order No. 1 for
$20,566.73.
ATTACHMENTS:
Change Order 2 Paulus Engineering. pdf San Antonio PRS CO 2 Paulus Engineering Backup Material
Approved by the Board of Directors of the
Yorba Linda Water District
2/11/2010
JS/RC 4-0
YO RBA LINDA WATER DISTRICT CHANGE ORDER NO. 002
DATE January 21, 2010
Page i of 1
CONTRACT NAME: San Antonio PRS Upgrades CONTRACT AMT.: $256,816.73 DAYS: 130
CONTRACTOR: Paulus Engineering Inc. THIS CHANGE: $12,777.65 DAYS: 0
(4.97%)
OWNER: Yorba Linda Water District REVISED CONTRACT AMT: $ 269,594.38 DAYS: 130
This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials,
and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor
and Yorba Linda Water District otherwise referred to as Owner.
DESCRIPTION OF CHANGES +INCREASE CONTRACT
TIME
/OR +EXTENSION
- DECREASE IN ! OR -
CONTRACT REDU'CTtON
AMOUNT (DAYS)
(S)
Saw cut vault walls around complete perimeter to adjust elevation as required per RFI No. $12,777.65 0
108 from Psomas, Engineer of Work.
NET CHANGE $12,777.65 0 Days
REVISED CONTRACT AMOUNT AND TIME $269,594.38 130 Days
The amount of the contract will be increased <deereas by the sum of $ 12,777.65 and the contract time shall be increased -cfesreased~ by
0 calendar days. The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for
each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time
allowed, if any, for completion of the entire work on account of said Change Order. The Contractor agrees to furnish all labor and materials and
perform all other necessary work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Change
Order Items- This document will become a supplement of the contract and all provisions wll apply hereto. It is understood that the Change Order
shall be effective when approved by the Owner. This Change Order constitutes full, fine, and complete compensation to the Contractor for all
costs, expenses, overhead, profit, and any damages of every kind that the Contractor may incur in connection with the above referenced
changes in the work, including any impact on the referenced work of any other work under the contract, any changes in the sequences of any
work, any delay to any work, any disruption of any work, any rescheduling of any work, and any other effect on any of the work under this
contract. By the execution of the Change Order, the Contractor accepts the contract price change and the contract completion date change, if
any, and expressly waives any claims foray. additional compens on, damages or time extensions, in connection with the above-referenced
changes-_ _TV 6"r
RECOMMENDED: /ENGINEER OR DATE: r CONSULTANT
f
. Steve Conk] eating Manager
ACCEPTED IGCiNTRACTOR DATE: t
j
Mason Paulus, Vice President
APPROVED: DATE:
/OWNER
Kenneth R. Vecchiarelli, General
Manager
ITEM NO. 6.7
AGENDA REPORT
Meeting Date: February 11, 2010 Budgeted: Yes
Total Budget: $2M
To: Board of Directors Cost Estimate: $600,000
Funding Source: Water Capital
Reserves
From: Ken Vecchiarelli, General Account No: 101-2700
Manager
Job No: 200711
Presented By: Steve Conklin, Engineering Dept: Engineering
Manager
Reviewed by Legal: N/A
Prepared By: Anthony Manzano, Senior CEQA Compliance: Exempt
Project Manager
Subject: Award of Contract for Drilling of Well No. 20
SUMMARY:
Bids were received on February 2 for the drilling of Well No. 20. Staff reviewed the bids and
recommends award to the low bid responsible contractor, Bakersfield Well & Pump Company.
STAFF RECOMMENDATION:
That the Board of Directors authorize execution of a Construction Agreement for drilling Well No. 20
to Bakersfield Well & Pump Company, in the amount of $367,291.00.
COMMITTEE RECOMMENDATION:
The Planning-Engineering-Operations Committee discussed this item at its meeting on February 4,
2010 and supports staff recommendation.
DISCUSSION:
Plans and specifications were completed for the Drilling of Well No. 20 located at the southeast
corner of the Well 11 site at the south end of Richfield Road. Well 11 is located at the north end of
the site which is large enough to allow for Well 20 to be drilled prior to Well 11 abandonment.
Further, the new project will make use of existing facilities including the disinfection building and
offsite pipeline.Staff solicited bids, conducted a Pre-Bid meeting on January 20, and received bids
on February 2. The Engineer's Estimate of cost was $576,000. Four bids were received with the
results listed below:
Contractor Bid Amount
Bakersfield Well & Pump Company $367,291.00
Palm Springs Pump, Inc. $413,977.00
Best Drilling & Pump, Inc. $418,860.00
South West Pump & Drilling, Inc. $431,275.00
Staff reviewed the bid documents, status of license with State Contractors Board, and references of
the contractor and found all in order. Staff recommends award to Bakersfield Well & Pump
Company, in the amount of $367,291.00.
PRIOR RELEVANT BOARD ACTION(S):
In August 2008, the Board of directors approved a Professional Services Agreement with Camp
Dresser & McKee in the amount of $179,469 to provide hydrogeologic services to evaluate two
potential well sites and provide well drilling design, specifications and inspection services.
Approved by the Board of Directors of the
Yorba Linda Water District
2/11/2010
JS/RC 4-0
ITEM NO. 6.8
AGENDA REPORT
Meeting Date: February 11, 2010 Budgeted: Yes
Total Budget: $2M
To: Board of Directors Cost Estimate: $550
Funding Source: Water Capital
Reserves
From: Ken Vecchiarelli, General Account No: 101-2700
Manager
Job No: 200711
Presented By: Steve Conklin, Engineering Dept: Engineering
Manager
Reviewed by Legal: Yes
Prepared By: Anthony Manzano, Senior CEQA Compliance: Exempt
Project Manager
Subject: Execution of a License Agreement with the Orange County Water District to
Discharge Well 20 Blow-Off Water into the Warner Basin Complex
SUMMARY:
In order for the District to proceed with construction of Well No. 20, it is necessary to enter into a
License Agreement with the Orange County Water District (OCWD) to allow Well 20 blow-off water
to discharge into OCWD's Conrock Basin. Conrock Basin is a smaller basin within OCWD's larger
Warner Basin Complex, and is adjacent to the District's Well 20. Conrock Basin is the most
convenient and least expensive method for discharging Well 20 blow-off water. A copy of the
License Agreement is attached for review.
STAFF RECOMMENDATION:
That the Board of Directors support staff's recommendation to authorize execution of a License
Agreement with OCWD to allow Well 20 blow-off water to discharge into OCWD's Conrock Basin.
COMMITTEE RECOMMENDATION:
The Planning-Engineering-Operations Committee discussed this item at it meeting on February 4,
2010 and supports staff recommendation.
DISCUSSION:
Plans and specifications were completed for the Drilling of Well 20 located at the south-east corner
of the Well site at the southerly end of Richfield Road. Conrock Basin is a smaller basin within
OCWD's larger Warner Basin Complex, and is adjacent to the District's Well 20. Conrock Basin is
the most convenient and least expensive method for discharging Well 20 blow-off water. Therefore,
staff is seeking authorization for execution of a License Agreement with OCWD to discharge into
the Warner Basin Complex. The term of the license is 50 years. The OCWD license agreement
processing fee is $550. A District check for this amount has been prepared and will be submitted if
the execution of the license agreement is approved by the Board.
PRIOR RELEVANT BOARD ACTION(S):
In August 2008, the Board of Directors approved a Professional Services Agreement with Camp
Dresser & McKee in the amount of $179,469 to provide hydrogeologic services to evaluate two
potential well sites and provide a well drilling design, specifications and inspection services.
ATTACHMENTS:
OCWD License Agreement 01-25-2010.pdf License Agreement Backup Material
Approved by the Board of Directors of the
Yorba Linda Water District
2/11/2010
JS/RC 4-0
U LIC F
ORIGINAL
LICENSE AGREEMENT
(YORBA LINDA WATER DISTRICT)
(WARNER BASIN COMPLEX)
This License Agreement ("License") is made and entered into as of January 6, 2010 by
and between the ORANGE COUNTY WATER DISTRICT, a political subdivision of the State
of California organized under Chapter 924 of the Statutes of 1933, as amended ("OCWD"), and
YORBA LINDA WATER DISTRICT, a special governmental district of the State of
California ("Licensee").
PART I
FUNDAMENTAL LICENSE TERMS
1.1 License: OCWD hereby issues to Licensee a License to enter upon the following real
property owned by OCWD, for the purpose or activity specified in Paragraph 1.1.2:
1,1.1 Licensed Property: 4060 E. La Palma Avenue, Anaheim, CA., Conrock Basin,
as shown on the map included as Part IV attached hereto and incorporated herein by this
reference ("Premises").
1.1.2. Use of Premises: For and during the term of this License, and any extension or
renewal thereof, Licensee shall use the Premises solely and exclusively for the following
purpose(s) or activity(ies): to discharge well development water during the initial
construction of water well No. 20; to repair the erosion damage due to the discharge of
water from the existing water well No. 11; and to discharge well startup and shutdown
water from water well No. 20 on continuous basis subject to the requirements for water
discharge, water quality, and water monitoring as stated in Part III and Part V of this
License Agreement.
1.2 Term: This License shall commence on January 6, 2010 ("Commencement
Date") and shall continue to and terminate at 11:59 p.m. local time on December 31,
2060 ("Expiration Date"). This License and the Licensee's rights hereunder may not be
extended beyond the Expiration Date unless such extension is set forth in writing and
signed by both OCWD and the Licensee. Notwithstanding the foregoing or any other
provision of this License, either OCWD or Licensee may terminate this License with or
without cause, or for any reason, at any lime, by giving the other party a ninety (90) days
written notice of termination.
BY PLACING ITS INITIALS HERE, LICENSEE ACKNOWLEDGES THAT IT
HAS READ AND UNDERSTANDS THE PROVISIONS OF THIS LICENSE
THAT ALLOW OCWD TO TERMINATE THIS LICENSE AT ANY TIME WITH
OR WITHOUT CAUSE AS SET FORTH HEREINABOVE.
Licensee:
131 /0334 cA -1016
949607.01 a12/13/09
1.3 License Consideration. As consideration for the issuance of this License, Licensee shall
pay to OCWD the sum of FIVE HUNDRED FIFTY DOLLARS ($550.00) payable prior to
entering the Premises ("License Fee") in accordance with Part II (General Provisions).
1.4 Notices and Payments: All payments, notices and other writings required to be
delivered under this License to either party shall be delivered in accordance with the provisions
of Part U ("General Provisions"), to OCWD at the address set forth in Part II, and to Licensee at
the address set forth in this Part I.
1.5 Attachments: This License incorporates by reference the following Attachments to this
License:
Part I: Fundamental License Terms
Part II: General License Provisions
Part III: Special License Provisions
Part IV: Map of the Premises
Part V: Factsheet Acrylamide
1.6 Integration: This License represents the entire understanding of OCWD and Licensee as
to the License and all other matters contained herein. No prior oral or written understanding
shall be of any force or effect with regard to those matters covered by this License. This License
supersedes and cancels any and all previous negotiations, arrangements, agreements or
understandings, if any, between the parties, and none shall be used to interpret this License.
IN WITNESS WHEREOF, the parties have executed and entered into this License as of the date
first set forth above.
ORANGE COUNTY WATER DISTRICT, YORBA LINDA WATER DISTRICT,
a political subdivision of the State of California a special governmental district of the State of
organized under Chapter 924 of the Statutes of California
1933, as amended
f By.
By: Name:
Kathryn 1^r y`y. e Title:
By:
M' ae arkus P. E.,
General Manager By:
Name:
APPROVED AS TO IFORN : Title:
RUTAN & TUCKER/1414p.
[Note: Licenses issued to corporations
- - - require the signature of two corporate
General Counsel, Ofange County Water officers]
District
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Licensee Information:
Address for Notices:
1717 E. Miraloma Ave.
P.O. Box 309
Placentia, CA 92885-0309
Attn: Steve Conklin
Telephone Number: (714) 701-3106
Fax No.: (714) 701-3058
Email Address: sconklin@ylwd.com
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PART II
GENERAL LICENSE PROVISIONS
2.1 Payment of License Fee
2. 1.1 Transmittal of Payments: Licensee shall make all License Fee payments, and pay
all other sums due under this License, in lawful money of the United States, by check
payable to "ORANGE COUNTY WATER DISTRICT," and shall personally deliver or
mail all payments without any notice or demand to OCWD at the address set forth in
Paragraph 2.8.1 below. Licensee assumes all risk of loss or late payment if any payment
is made by mail.
2.1.2 No Offsets: All License Fees and other sums due under this License shall be paid
without offset or deduction, and shall be deemed payments on account. Neither the
payment by Licensee nor the acceptance by OCWD of any License Fee or other sum in
an amount which is less than the amount due and payable pursuant to this License, nor
the issuance of a monthly statement showing as due and payable an amount less than is
properly due and payable pursuant to the terms of this License, shall constitute an
agreement by OCWD modifying this License or a waiver of OCWD's right to receive all
sums provided for in this License. No endorsement or statement on any check or any
letter accompanying any check or payment shall be deemed an accord or satisfaction, and
OCWD shall accept all checks and payments from Licensee without prejudice to
OCWD's right to recover the balance of the amount due or to pursue any other remedy in
this License or otherwise provided by law.
2.2 Charges for Payment of License Fee
2.2.1 If any payment of any License Fee or any other sum due OCWD is not received
by OCWD within ten (10) days after the due date, Licensee shall be deemed delinquent in
its License Fee payment and a late charge of one and one-half percent (1.5%) of the
delinquent amount, plus the sum of One Hundred Dollars ($100.00), shall become
immediately due and payable to OCWD. An additional charge of one and one-half
percent (1.5%) of such delinquent License Fee payment (excluding late charges) shall be
added for each additional calendar month (or portion thereof) that the delinquent sum
remains unpaid.
2.2.2 Licensee and OCWD hereby acknowledge and agree that such late charges do not
represent and shall not be deemed to be an interest payment, but that such late charges
represent a fair and reasonable estimate of the costs and expenses that OCWD will incur
by reason of Licensee's late payment.
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2.2.3 Acceptance by OCWD of any delinquent License Fee payment or late charge
shall in no way constitute a waiver of Licensee's default with respect to such overdue and
delinquent payment, or in any way impair, prevent or restrict OCWD from exercising any
of its rights or remedies set forth in this License or otherwise provided at law.
2.3 Use of Premises
2.3.1 Conditions of Use: For and during the term of this License, and any extension or
renewal thereof, Licensee's use of the Premises shall be subject to the following
conditions, covenants and restrictions:
2.3.1.1 Except as provided in this License, the Premises shall be used only for
the purposes specified in Paragraph 1. 1.2 above, and the Premises shall not be
used for any other use or purpose whatsoever, without the prior written consent of
OCWD.
2.3.1.2 Licensee shall not cause, permit or suffer any "hazardous material,"
"hazardous waste" or "hazardous chemicals" as those terms are used in CERCLA
(42 U.S.C. § 9601(14)) or SARA (42 U.S.C. § 110211(e)) or any similar Federal,
State, or local law, statute, ordinance, regulation or order, or otherwise determined
by OCWD, to be brought upon, left, used or abandoned on the Premises.
2.3.1.3 Licensee shall not maintain, commit or permit the maintenance or
commission of any waste or any nuisance (as defined in California Civil Code
section 3479) on the Premises, and Licensee shall not use or permit the use of the
Premises for any unlawful purpose.
2.3.1.4 OCWD or its authorized representative shall have the right at all
reasonable times to enter upon the Premises and inspect the general condition of
the Premises to determine if Licensee is complying with the terms, conditions,
requirements and provisions of this License.
2.3.2 Utilities and Services: Licensee shall be solely responsible for obtaining all utility
service and for the payment of all utility charges, including but not limited to water and
power, supplied to the Premises-
2.3.3 Permits and Aourovals: Licensee shall obtain any and all governmental permits,
approvals, licenses or other authorizations which may be required in connection with the
use of the Premises as set forth in this License. No approval or consent given under this
License by OCWD shall affect or limit Licensee's obligations hereunder, nor shall any
approvals or consents given by OCWD, in its capacity as a party to this License, be
deemed to be approval as to compliance or conformance with any applicable
governmental codes, laws, orders, rules or regulations.
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2.4 Insurance: Without limiting Licensee's indemnification obligations, Licensee shall not
enter or occupy the Premises until Licensee has obtained all of the insurance required herein
from a company or companies licensed to do business in the State of California and acceptable to
OC WD, and Licensee shall maintain all such insurance in full force and effect at all times during
the term of this License and any extension or renewal thereof. Insurance shall be placed with
insurers having a current A.M. Best rating of no less than A-:VII or equivalent or as otherwise
approved by OCWD.
2.4.1 Licensee shall take out and maintain the following insurance:
2.4.1.1 Workers' Compensation and Employer's Liability Insurance: Licensee
shall cover or insure under the applicable laws relating to workers' compensation
insurance all of its employees working on or about the Premises, in accordance
with the "Workers' Compensation and Insurance Act," Division IV of the Labor
Code of the State of California and any Acts amendatory thereof. Licensee shall
provide worker's compensation insurance and employer's liability insurance with
limits not less than One Million Dollars ($1,000,000) each occurrence, One
Million Dollars ($1,000,000) disease policy limit, and One Million Dollars
($1,000,000) disease each employee. Such policy of workers compensation
insurance shall contain the following separate endorsements:
(a) "Insurer waives all rights of subrogation against the Orange
County Water District, its officers, directors, employees, representatives and
volunteers."
(b) "This insurance policy shall not be suspended, voided, reduced in
coverage or in limits, cancelled, limited, non-renewed or materially changed for
any reason by the insurer until thirty (30) days after receipt by the Orange County
Water District of a written notice of such cancellation, limitation or reduction of
coverage."
2.4.1.2 Commercial General Liability Insurance providing coverage in the
following minimum limits:
(a) Combined single limit of Two Million Dollars ($2,000,000) per
occurrence for Bodily Injury, Personal Injury or Death and Property.
(b) Damage Coverage shall be at least as broad as Insurance Services
Office (ISO) Commercial General Liability coverage (occurrence Form CG
0001).
(c) If Commercial General Insurance or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to
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the project/location (with the ISO CG 2503 or ISO CG 2504, or insurer's
equivalent endorsement provided to OCWD), or the general aggregate limit shall
be twice the required occurrence limit.
2.4.1.3 Comprehensive Automobile Liability Insurance, including owned, non-
owned, leased, hired, and borrowed automobiles and similar vehicles, providing
the following minimum limits:
(a) Combined single limit of One Million Dollars ($1,000,000) per
occurrence for Bodily Injury or Death and Property Damage.
(b) Coverage shall be at least as broad as Insurance Services Office
(ISO) Business and Auto Coverage (Form CA 0001) covering any auto.
2.4.2 Endorsements: The policies of liability insurance provided for in Paragraphs
2.4.1.2 and 2.4.1.3 shall specify that this specific License is insured and that coverage for
injury to participants resulting from Licensee's activities is not excluded, and shall be in a
form satisfactory to OCWD and contain the following separate endorsements:
(a) "The Orange County Water District, its officers, directors,
employees, representatives and volunteers, are declared to be additional insureds
on all of the above policies with respects to the operations and activities of the
named insured at or from the premises of the Orange County Water District. The
coverage shall contain no special limitations on the scope of protection afforded
to the Orange County Water District, its officers, directors, employees,
representatives and volunteers."
(b) "This insurance policy shall not be suspended, voided, reduced in
coverage or in limits, canceled, limited, non-renewed, or materially changed for
any reason until thirty (30) days after receipt by the Orange County Water District
of a written notice of such cancellation, limitation or reduction of coverage."
(c) "This insurance policy is primary insurance and no insurance held
or owned by the designated additional insureds shall be called upon or looked to
cover a loss under said policy; the Orange County Water District shall not be
liable for the payment of premiums or assessments on this policy."
(d) "Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the
Orange County Water District, its officers, directors, employees, representatives,
or volunteers."
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(e) "This insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability."
2.4.3 Evidence of Coverage. Licensee shall at the time of the execution of the License
present to OCWD the original policies of insurance required by this Paragraph 2.4 or a
certificate of the insurance, with separate endorsements (Insurance Services Office Form
CG 2026, or equivalent), showing the issuance of such insurance and the additional
insured and other provisions and endorsements required herein and copies of all
endorsements signed by the insurer's representative. All policies shall contain the
Licensee's name and location of the Premises on the certificate. At least thirty (30) days
prior to the expiration of any such policy, a signed complete certificate of insurance, with
all endorsements provided herein, showing that such insurance coverage has been
renewed or extended, shall be filed with OCWD. Licensee's insurance shall apply
separately to each insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
2.4.4 Review of Coverage: OCWD shall have the right at any time to review the
coverage, form, and limits of insurance required under this License. If, in the sole and
absolute discretion of OCWD, the insurance provisions in this License do not provide
adequate protection for OCWD, OCWD shall have the right to require Licensee to obtain
insurance sufficient in coverage, form and limits to provide adequate protection and
Licensee shall promptly comply with any such requirement. OCWD's requirements shall
not be unreasonable, but shall be adequate in the sole opinion of OCWD to protect
against the kind and extent of risks which may exist at the time a change of insurance is
required, or thereafter.
2.4.5 Deductibles: Any and all deductibles must be declared and approved by OCWD
prior to execution of this License.
2.4.6 License Contingent Upon Coverage: Notwithstanding any other provision of this
License, this License shall be null and void at all times when the above-referenced
original policies of insurance or Certificate of Insurance or Renewal Certificates or
Endorsements are not on file with OCWD.
2.5 Indemnification
2.5.1 OCWD not Liable: OCWD shall not be liable at any time for any loss, damage or
injury whatsoever to the person or property of any person or entity whatsoever, including
but not limited to any employee, agent or contractor of Licensee, resulting from or arising
out of any act or omission of Licensee or of any person or entity holding under Licensee,
or the occupancy or use of the Premises or any part thereof by or under Licensee, or any
act or omission in the exercise of any right or the performance of any obligation under
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this License, or directly or indirectly from any state or condition of the Premises, or any
part thereof.
2.5.2 Indemnification: Irrespective of any insurance carried by Licensee for the benefit
of OCWD, and notwithstanding any other provision of this License to the contrary,
Licensee shall indemnify and hold OCWD, its officers, directors, employees,
representatives and volunteers harmless from and against any and all actions, claims,
demands, judgments, attorneys fees, costs, damages to persons or property, penalties,
obligations, expenses or liabilities of any kind that may be asserted or claimed by any
person or entity (including, but not limited to, any employee, agent or contractor of
Licensee) in any way arising out of or in connection with this License, the operations
carried on by Licensee on the Premises or any lands to which Licensee has access
hereunder, or the occupation or use of the Premises by Licensee or any person or entity
holding under Licensee (collectively, "Claims"), whether or not there is concurrent active
or passive negligence on the part of OCWD, and/or acts for which the OCWD would be
held strictly liable, but excluding the sole active negligence and willful misconduct of
OCWD. In connection therewith:
2.5.2.1 Licensee shall defend and hold OCWD, its officers, employees, agents,
representatives and volunteers, harmless from any and all Claims, whether caused
in whole or in part by OCWD's active or passive negligence, and/or acts for
which OCWD would be held strictly liable, but excluding any Claim that results
from the sole active negligence or willful misconduct of OCWD, its officers,
employees, agents, or representatives; and Licensee shall pay all expenses and
costs, including attorneys' fees, incurred in connection therewith.
2.5.2.2 Licensee shall promptly pay any judgment rendered against Licensee or
OCWD covering any Claim, and hold and save OCWD harmless therefrom,
whether such Claim was caused in whole or in part by OCWD's active or passive
negligence, and/or acts for which OCWD would be held strictly liable, but
excluding the sole active negligence and willful misconduct of OCWD.
2.5.2.3 In the event OCWD is made a party to any action or proceeding filed or
prosecuted for or arising out of or in connection with any Claim, Licensee shall
pay to OCWD any and all costs and expenses incurred by OCWD in any such
action or proceeding, together with reasonable attorneys' fees.
2.5.2.4 All of the indemnity obligations of Licensee under this Paragraph 2.5.2,
or as otherwise set forth in this License, shall survive the expiration or earlier
termination of this License.
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2.6 Legal Relations and Responsibilities
2.6.1 Nature of Relationship: OCWD and Licensee understand and agree that the only
relationship between them created by this License is that of Licensor and Licensee, and
that this License does not create, and shall not be construed to create, any agency,
partnership, joint venture, landlord-tenant or other relationship between OCWD and
Licensee.
2.6.2 Compliance with Laws: Licensee shall keep itself fully informed of all existing
and future state and federal laws and all county and city ordinances and regulations which
in any manner affect the activities of Licensee under this License, or the possession or
use of the Premises by Licensee, and of all such orders and decrees of bodies or tribunals
having any jurisdiction or authority over the same. Licensee shall at all times observe
and comply with all such existing and future laws, ordinances, regulations, orders and
decrees, and shall protect and indemnify, as required herein, OCWD, its officers,
directors, employees and agents against any claim or liability arising from or based on the
violation of any such law, ordinance, regulation, order or decree, whether by Licensee or
any person or entity holding under Licensee.
2.6.3 Assignment: The License granted hereby is personal to Licensee and any
assignment of said License by Licensee, voluntarily or by operation of law, shall
automatically terminate this License, unless Licensee has obtained the prior written
consent of OCWD, which may be withheld, in its sole and absolute discretion, for any
reason or no reason at all.
2.6.4 Acknowledgment of OCWD's Title: Licensee hereby acknowledges the title of
OCWD in and to the Premises, including the real property fixtures and improvements
existing or erected thereon, and Licensee hereby covenants and promises never to assail,
contest or resist OCWD's title to the Premises.
2.6.5 Liens: Licensee shall maintain the Premises free from and clear of any claims,
obligations, liabilities, liens, encumbrances and charges, including but not limited to any
claims, liens or charges arising out of or in connection with the furnishing of materials or
the performance of labor on the Premises. Licensee further shall protect and indemnify
OCWD and the Premises from and hold them, and each of them, harmless against any
and all such claims, obligations, liabilities, liens, encumbrances and charges.
2.6.6 Possessory Interest Taxation: A possessory interest subject to property taxation
may be created by this License. It is understood and agreed that if such a possessory
interest is created, Licensee shall be responsible for the payment of all property taxes
levied on such interest, and that OCWD shall have no responsibility therefor.
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2.6.7 OCWD's Reservations
2.6.7.1 OCWD hereby reserves the right to giant easements and rights-of-way
for pole or tower lines for transmission of electricity, and easements, leases and
rights-of-way for telephone, telegraph, telecommunication facilities, gas, water,
sewer and oil lines, for roads and highways, and for other similar uses over and
across the Premises at any location or locations within the Premises. In the event
Licensee determines that the granting or exercise of any such easement, lease, or
right-of-way significantly interferes with Licensee's possession or use of the
Premises, Licensee's only remedy shall be to terminate this License upon thirty
(30) days written notice to OCWD. Licensee shall not interfere with any
easements or rights-of-way pertaining to or affecting the Premises.
2.6.7.2 OCWD hereby reserves the right to sell, transfer or otherwise dispose of
any portion of the Premises at any time. In the event of such sale, transfer or
disposition, and notwithstanding any other provision of this License, this License
shall, upon the close of escrow or the conveyance of title, terminate as to the
portions of the Premises sold, transferred or disposed of, and Licensee shall
release the same from the terms of this License and from any encumbrance which
results from this License.
2.6.7.3 OCWD reserves the right unto itself to perform any and all work
involved in protecting, replenishing and/or conserving the basin groundwater
supply and any other work necessary to the functions or purposes of OCWD, as
set forth in the Orange County Water District Act, Chapter 924 of the California
Statutes of 1933, as amended, upon any portion or all of the Premises at any time.
Such work may be performed without incurring any liability of any nature
whatsoever to Licensee, and Licensee hereby releases OCWD from, and
covenants not to sue OCWD for, any such liability. OCWD further reserves unto
itself the rights of ingress and egress over all or any portion of the Premises.
2.6.8 Waiver of Claims: As a material part of the consideration to OCWD under the
License, Licensee hereby waives any and all claims that it may have against OCWD
during the term of this License, or any extension or renewal thereof, for any damage to
goods, wares and merchandise upon or about the Premises, and for any injury to
Licensee, its employees, agents, invitees, or to third parties in or about the Premises, from
any cause arising at any time.
2.6.9 Surrender of Possession: At the expiration or termination of this License, whether
with or without cause, Licensee shall promptly quit and surrender the Premises in a good
state of repair.
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2.6.10 Disposition of Abandoned Property: If Licensee abandons or quits the Premises
or is dispossessed thereof by process of law or otherwise, title to any personal. property
left on the Premises for fifteen (15) or more days after such event shall at OCWD's
opinion, be deemed to have been abandoned and transferred to OCWD. OCWD shall
have the right to remove and dispose of any and all such property without liability
therefor to Licensee or to any person or entity claiming under Licensee, and OCWD shall
have no duty to account for such property. Licensee agrees to reimburse OCWD for any
and all costs associated with OCWD transferring or disposing of Licensee's personal
property pursuant to this Section.
2.6.11 Premises "As-Is": Licensee acknowledges that the Premises are being provided
to Licensee on an "as-is" basis, and Licensee takes and occupies the Premises without
reliance upon any representation by OCWD, or any of its officers, employees, agents or
representatives, or any other person, concerning the Premises, their fitness for Licensee's
intended use or any other particular purpose of use, their income-producing history,
potential or capabilities, their value, or any other promise, representation or inducement
not expressly set forth in this License.
2.6.12 No Representation or Warranty Concerniniz Premises: Licensee acknowledges
that neither OCWD, nor any of its officers, employees, agents or representatives, has
made any written or oral representation, promise, or warranty, expressed or implied,
concerning the Premises, their fitness for Licensee's intended use or any other purpose or
use, their income producing history, potential or capabilities, their value, or any other
matter not expressly set forth in this License.
2.6.13 Disputes: In the event that any action is commenced by a party to this License
against the other to enforce its rights or obligations arising from this License or seeking
to interpret this License, the prevailing party in such action, in addition to any other relief
and recovery ordered by the court, shall be entitled to recover all statutory costs, plus
reasonable attorneys' fees. Should OCWD be named in any suit brought by any third
party against Licensee in connection with or in any way arising out of Licensee's
occupancy or use of the Premises under this License, Licensee shall pay to OCWD its
costs and expenses incurred in such suit, including reasonable attorneys' fees.
2.6.14 Security Measures: Licensee acknowledges that the Premises are licensed to
and accepted by Licensee in an "as-is" condition, and that the License Payments and
other sums payable from Licensee to OCWD hereunder do not include the cost of
security guard or any other security services or measures. Licensee further acknowledges
that OCWD makes no representation or warranty, express or implied, regarding the
security of the Premises or the need for or propriety of any security measures at the
Premises; and Licensee further acknowledges that OCWD shall have no obligation
whatsoever to provide guard service or any other security measures. Licensee expressly
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assumes all responsibility for the protection and security of the Premises, Licensee, its
agents, employees, invitees and property within the Premises from any and all acts of any
third party.
2.6.15 No Obligation to Third Parties: Execution and issuance of this License shall not
be deemed to confer any rights upon, directly, indirectly or by way of subrogation, nor
obligate either of the parties hereto to, any person or entity other than OCWD and
Licensee.
2.6.16 Waiver: Any waiver by any party of a breach of any provision of this License
shall not be deemed a continuing waiver or a waiver of any subsequent breach whether of
the same or of another provision hereof.
2.6.17 OCWD's Liability on Termination: Licensee hereby waives all damages or
claims for damage that may be caused by any action of OCWD in terminating this
License (either with or without cause), or taking possession of the Premises as provided
in this License or at law, and Licensee waives all claims for damages to or loss of such
property of Licensee as may be in or upon the Premises upon the termination of this
License.
2.7 Maintenance and Repair of Premises
2.7.1 Licensee's Oblijzation to Maintain Premises: Licensee shall at all times during the
term of this License, and any extension or renewal thereof, at its sole cost and expense,
removes all trash and debris from the Premises. Licensee shall also keep and maintain in
good condition and in substantial repair (all to the satisfaction of OCWD in its sole
discretion), the Premises and all appurtenances and every part thereof, including
improvements of any kind erected, installed or made on or within the Premises. Licensee
shall at all times in the maintenance and use of the Premises and the buildings, structures,
facilities, improvements and equipment thereon, comply with all laws, ordinances and
regulations pertaining thereto, and all conditions and restrictions set forth herein.
Licensee expressly agrees to maintain the Premises in a safe, clean, wholesome, and
sanitary condition and free of trash and debris, to the complete satisfaction of OCWD and
in compliance with all applicable laws.
2.7.2 Licensee's Default of its Maintenance Duties: In the event that Licensee fails,
neglects or refuses to remove trash or debris deposited by Licensee or its invitees on the
Premises or to maintain or make repairs or replacements as required by this License,
OCWD shall notify Licensee in writing of such failure or refusal. Should Licensee fail or
refuse to correct such default within ten (10) days of receipt of such written notice from
OCWD, OCWD may, but shall not be required to, itself or by contract, undertake the
necessary maintenance, repair or replacements; and the cost thereof, including but not
limited to the cost of labor, materials and equipment and procurement of insurance, plus
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1)A960-01 112118/09 -
an administrative fee in the amount of fifteen percent (15%) of the sum of such costs,
shall be paid by Licensee to OCWD within ten (10) days of Licensee's receipt of a
statement of such costs from OCWD. Any such maintenance, repair or replacement by or
on behalf of OCWD shall not be deemed to be a waiver of Licensee's default under this
License, and shall not in any way impair, prevent or restrict OCWD from exercising any
of its rights or remedies set forth in this License or otherwise provided at law.
2.8 Miscellaneous
2.8.1 Notices: Any notice, payment or instrument required or permitted to be given or
delivered by this License may be given or delivered by personal delivery or by depositing
the same in any United States mail depository, first class postage prepaid, and addressed
as follows:
If to OCWD:
If by mail: ORANGE COUNTY WATER DISTRICT
P.O. Box 8300
Fountain Valley, CA 92728-8300
Attn: Property Management
If by personal delivery: ORANGE COUNTY WATER DISTRICT
18700 Ward Street
Fountain Valley, CA 92708
Attn: Property Management
If to Licensee: To such name and address set forth for Licensee in
Part I of this License,
or such other person or address as either party may direct in writing to the other;
provided, however, that such new or different person or address shall not become
effective until acknowledged in writing by the party to who directed. Except where
service is by personal delivery or by registered or certified mail, return receipt requested,
service of any instrument or writing shall be deemed completed forty-eight (48) hours
after deposit in a United States mail depository.
2.8.2 Warrant of Authorit : Each officer of OCWD and Licensee affixing his or her
signature to this License warrants and represents by such signature that he or she has the
full legal authority to bind his or her respective party to all of the terms, conditions and
provisions of this License, that his or her respective party has the full legal right, power,
capacity and authority to enter into this License and perform all of its provisions and
obligations, and that no other approvals or consents are necessary in connection
therewith.
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2.8.3 Headings: The titles and headings of Sections and Paragraphs of this License, as
herein set forth, have been inserted for the sake of convenience only, and are not to be
taken, deemed or construed to be any part of the terms, covenants or conditions of this
License, or to control, limit or modify any of the terms, covenants or conditions hereof.
2.8.4 Time of Essence: Time is of the essence of this License. Failure to comply with
any requirement, including but not limited to any time requirement, of this License shall
constitute a material breach of this License.
2.8.5 Construction and Amendment: This License shall be construed, interpreted,
governed and enforced in all respects according to the laws of the State of California and
as if drafted by both OCWD and Licensee. No amendment, change or modification of
this document shall be valid unless in writing, stating that it amends, changes or modifies
this License, and signed by all of the parties hereto.
2.8.6 Successors: Subject to the provisions of Paragraph 2.6.3 above, this License, and
all of the terms, conditions and provisions herein, shall inure to the benefit of, and be
binding upon, OCWD, Licensee, and their respective successors and assigns.
2.8.7 Re-En No entry or re-entry into the Premises by OCWD shall be construed as
an election to terminate this License, unless prior thereto or concurrently therewith
written notice of intent to terminate is given by OCWD to Licensee. OCWD's entry into
possession of the Premises without having elected to terminate shall not prevent OCWD
from making such an election and giving Licensee notice thereof.
2.8.8 Partial Invalidity: If any term, covenant, condition or provision of this License is
held by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the
remainder of the provisions hereof shall remain in full force and effect and shall in no
way affect, impair, or invalidate any other term, covenant, condition or provision
contained in this License.
2.8.9 Further Assurances: Each of the parties hereto shall execute and deliver any and
all additional papers, documents and other assurances and shall do any and all acts and
things reasonably necessary in connection with the performance of their obligations
hereunder and to carry out the intent of the parties hereto.
2.8.10 Precedence: In the event of any conflict between Parts of this License, Part I
shall prevail over Parts II, III and 1V, and Part III shall prevail over Part II.
FEND GENERAL LICENSE PROVISIONS]
131W2499.0016
N9607M 02/18/09 -15-
PART f1I
SPECIAL LICENSE PROVISIONS
3.1 Additional Conditions of Use: The following are added to Paragraph 2.3.1, as additional
conditions to the use of the Premises:
2.3.1.5 Licensee shall provide OCWD with a copy of the Water Quality reports for
samples taken from the Premises.
2.3.1.6 Licensee shall comply with the following provisions for discharge of water to
the Premises (Conrock Basin):
(1) License shall comply with all monitoring and reporting requirements as
specified by the Santa Ana RWQCB de minimus permit, Order No. R8-2009-003,
NPDES No. CA CAG998001
(2) Licensee shall meet the Environmental Protection Agency's drinking water
standard for acrylamide as referenced in the fact sheet attached hereto as Part V
(FACTSHEET ACRYLAMIDE) and by this reference incorporated herein.
(3) Licensee shall submit all water quality reports of water samples taken from
Premises to the OCWD Walter Quality Department.
(4) Licensee shall not deposit drilling mud, excessive chlorine or other like
materials or chemicals in or on the Premises.
2.3.1.7 In the event that OCWD drains the Premises for any reason whatsoever,
Licensee shall hook up temporary piping to a local storm drain and redirect the discharge
water from the well.
3.2 Additional Insurance: The following are added to Paragraph 2.4, as additional conditions
of Insurance of the Premises:
2.4.7 Licensee may submit a letter of self-insurance in lieu of a certificate of insurance
in a form acceptable to OCWD.
3.3 Improvements: The following conditions are added to the General Provisions as Section
2.9
2.9 Improvements.
2.9.1 Prior Consent for Improvements: Licensee shall not make any alteration of or
improvement to the Premises without the prior written approval of OCWD.
131/022499-0016
949607.01 a12118104 -16-
2.9. 1.1 In the event that Licensee desires to make any alteration, improvement,
addition or utility installation in or about the Premises, Licensee shall present
such request in writing to OCWD, together with detailed plans of the proposed
alteration or improvement; and Licensee shall not commence such alteration or
improvement unless and until OCWD has granted approval thereto in writing.
2.9.1.2 In the event that OCWD grants written approval to any requested
alteration of or improvement to the Premises, such approval shall be deemed
conditioned upon Licensee acquiring all governmental licenses, approvals and
permits required therefor, and such alteration or improvement shall be constructed
in strict conformance with the plans approved therefor by OCWD. Once
approved by OCWD, no changes or alterations shall be made to the plans without
the prior written approval by OCWD.
2.9.1.3 In the event that OCWD grants written approval to any requested
alteration of or improvement to the Premises, Licensee shall construct such
alteration or improvement at Licensee's sole cost and expense.
2.9.5 Contractor's Insurance: OCWD shall be named as additional insured in
all insurance policies required by Licensee from its contractors or subcontractors prior to
entering the Premises,
2.9.6 Ownership of Improvements All buildings, improvements, fixtures and
facilities (exclusive of trade fixtures, portable buildings, vehicles and antennas),
constructed or placed within the Premises by Licensee, including but not limited to
electrical and other utilities, listed or not, shall, upon the completion of construction,
installation or placement within the Premises, be free and clear of all liens, claims and
liability for payment for labor and material. Such buildings, improvements, fixtures and
facilities (exclusive of trade fixtures, portable buildings, vehicles and antennas), shall
become and remain the property of OCWD at the expiration of this Lease or earlier
termination hereof. Upon the expiration or earlier termination of this Lease, OCWD
retains the right, in its sole and absolute discretion, and by written notice to Licensee, to
require (or, if requested by Licensee, to allow) Licensee, at Licensee's sole cost and
expense, to remove all such buildings, improvements, fixtures and facilities located on
the Premises. In the event OCWD either requires or grants permission to Licensee, such
removal by Licensee shall include leveling the Premises, restoring any bemis removed,
removing any underground obstructions, filling any excavations and compacting such
filled excavations to ninety percent (90%) compaction.
2.9.3 "As-Built" Plans and Construction Costs: As a condition to the approval
of any alteration of or improvement to the Premises, OCWD shall have the right to
require Licensee to prepare and famish to OCWD, at Licensee's sole cost and expense,
and within sixty (60) days following completion of such alteration or improvement, a
complete set of reproducible "As-Built" plans for such alteration or improvement, and/or
1111/022490-0016
9+19607.01 ill x/18/09 -17-
an itemized statement of the actual cost of the construction or installation of such
alteration or improvement.
2.9.4 Compliance with Building Codes: Licensee shall comply with all
Building Codes in effect at the time of construction or installation of an improvement of
any kind on the Premises. The applicable Building Codes shall be those codes as adopted
by the local permitting jurisdiction (i.e., city or county) in which the Premises is located.
In the event that Licensee fails to conform to the Building Codes, OCWD may require
immediate compliance. If Licensee fails to comply, OCWD, at its option, may make
such changes to bring the improvement into compliance with the Building Codes and
charge Licensee the cost of such changes plus ten percent (10%) to cover administrative
costs. Licensee shall have ten (10) days from receipt of the invoice to reimburse OCWD
for the cost of making such changes.
2.9.5 Licensee's Assurance of Construction Completion: Prior to
commencement of construction of approved facilities, or any phase thereof, within the
Premises by Licensee, Licensee shall famish to OCWD evidence that assures OCWD
that sufficient monies will be available to Licensee to complete the proposed construction
in accordance with the plans approved by OCWD. The amount of money available shall
be at least the total estimated construction cost. Such evidence may take one of the
following forms:
(a) Completion bond issued to OCWD as oblige, and issued by a
surety acceptable to OCWD.
(b) Performance bond and labor and material bond (or performance
bond containing the provisions of the labor and material bond), issued by a
surety acceptable to OCWD and supplied by Licensee's contractor or
contractors, provided said bond(s) are issued jointly to Licensee and
OCWD as obligees.
(c) Irrevocable letter of credit issued to OCWD from a financial
institution acceptable to OCWD to remain in effect until OCWD
acknowledges, in writing, satisfactory completion of construction.
(d) Cash.
(e) Any combination of the above.
2.9.6 Mechanics Liens or Stop-Notices: Licensee shall at all times indemnify
and save OCWD harmless from all claims, losses, demands, damages, costs, expenses, or
liability costs for labor or materials in connection with construction, repair, alteration, or
installation of structures, improvements, equipment, or facilities within the Premises, and
from the cost of defending against such claims, including attorney fees and costs.
1 11/02240-00 16
949607.01 a 12/180) -18-
In the event a lien or stop-notice is imposed upon the Premises as a result of such
construction, repair, alteration, or installation, Licensee shall either:
(a) Record a valid Release of Lien, or
(b) Procure and record a bond in accordance with Section 3143 of the Civil
Code, which frees the Premises from the claim of the lien or stop-notice and from
any action brought to foreclose the lien,
Should Licensee fail to accomplish either of the two optional actions above within fifteen
(15) days after the filing of such a lien or stop-notice, this Lease shall be in default and
shall be subject to immediate termination.
[END SPECIAL LICENSE PROVISIONS]
13 1/02.1499-0016
94960').01 D12118/09 -19-
PART N
MAP OF THE PREMISES
1111 NORTH RICHFIELD RD, ANAHIEM, CA 52807
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PLACENTIA, CALIFORNIA92870 SCALE: NO SCALE
MLAJM (714) 701-3000 DATE: OCT. 14, 2009
131/022499-0016
949601.01912/18/09 -20-
PART V
FACTSHEET ACRYLAMIDE
EPA Crround Water & Drinking Water > breadcrumb? > Consumer Factahect on: ACRYLAMIDE. Page 1 of 3
U.S. ENVIRONMENTAL PROTECTION AGENCY
Ground Water &t Drinking Water
~~i+'' /7 ~ l3ssentACtlil{9ni IfdDtaslSlS I Pnnl Version Snarch; ~ m
EPgyalnE ~'t1(iLCt> Ground WetgL&_Qrlnlli[19,Wa1'.c y Consumer Fectaheel one ACRVLAMfDE
Drinking Water And
Health Consumer Factsheet on: ACRYLAMIDE
Bnsico
Frequently Asked
Questions Lis... f. Cont.@minant5
Local DrInking Water
pages,
Information As pa it of the Orlnking Water and Health es, this fad sheet is pa rt of a larger publication:
National Primary Drinking Water Regulations
Dunking Water
Stanc'nrd,: This is a factsheet about a chemical that may be found In some public or private drinking water
L Is( of Contaminants 8 supplies. It may cause health problems it found In amounts greater than the health standard set by
MCLs the United States Environmental Protection Agency (EPA).
Regulinnnstt
Guidance What Is Acrylamlde and how Is It used?
Public Drinking Water
Systems Acrylamide is an organic solid of white, odorless, flake-like crystals. The greatest use of acrylamide
Source Water is as a coagulant aid in drinking water treatment. Other uses of include: to improve production from
Protection oil wells; In making organic chemicals and dyes; in the sizing of paper and tsxtlles', In ore
Underground Injection processing; In the construction of dam foundations and tunnels.
Control The list of trade names given below may help you find out whether you are using this chemical at
Data & Darahn-r•s home or work.
Drinking Water
Academy Trade Names and Synonyms:
Safe Drinking Water
Act 2-Propenamlde
National Drinking Acrylic amide
W:,ter Advisory Ethylenecarboxamide
Council Amresoo AcryI 40
Water Infrastructure Acrylagel
Security Optimum
+ Why Is Acrylemlde being Regulated?
In 1974, Congress passed the Safe Drinking Water Act- This law requires EPA to determine safe
$ ' levels of chemicals in drinking weterwhich do or may cause health problems. These nor,
enforceable levels, based solely on possible health deks and exposure, are called Maximum
Contaminant Level Goals.
The MCLG for acrylamide has been set at zero because EPA believes this level of protection
would not cause any of the potential health problems described below,
There are currently no acceptable means of detecting acrylamide in drinking water. In this case,
EPA Is requiring water suppliers to use a special treatment technique to control its amount in
water. Since acrylamide is used in drinking water treatment processes, it is being controlled simply
by limiting its use for this purpose.
These drinking water standards and the regulations for ensuring these standards are met, are
called National Primary Drinking Water Regulations. All public water supplies must abide by these
regulations.
What are the Health Effects?
Short-term: EPA has found acrylamide to potentially cause the following health effects when
people are exposed to It at levels above the MCL for relatively short periods of time: damage to the
nervous system, weakness and Incoordination In the legs.
htip://www.epa_gov/safewaWr/contaminants/dw contarnfs/acryiami.html 10/13/2009
131/022499.0016 949607.01 a1118)09 -21-
PART V
Continued
EPA Ground Water & Drinking Water > breadcrumb? > Consumer Factsheet on: ACRYLAMIDE Page 2 of 3
Long-term: Acrylamide has the potential to cause the following effects from a lifetime exposure at
levels above the MCL: damage to the nervous system, paralysis; cancer,
How much Acryklnlde Is produced and released to the environment?
Demand for acrylamide in the early I990swas about 920 million pounds. T7ie main source of
concern for acrylamide in drinking water is from its use as a clarifier durtng water treatment. When
added to water, it coagulates and traps suspended solids for easier removal. However, some
acrylamide does not coagulate and remains in the water as a contaminant. Improvements in the
production and use of acrylamide have made it possible to control this contamination to acceptable
levels.
From 1987 to 1993, according to EPA's Toxic Chemical Release Inventory, acrylamide releases to
land and water totalled over 40,000 Ibs. These releases were primarily from plastics industries. The
largest releases occurred in Michigan.
What happens to Acrylamide when It Is released to the envlronment7
Acrylamlde does not bind to soil and will move into soil rapidly, but It Is degraded by microbes
within a few days in soil and water. Its has little tendency to accumulate in fish.
How will Acrylamide be Detected In and Removed from My Drinking Water?
The regulation for acrylamide became effective in 1992. EPA requires your water supplier to show
that when acrylamide Is added to water, the amount of uncoagulated acrylamide is less than 0.5
ppb
How will I know if Acrylamide Is In my drinking Water?
If the treatment technique for acrylamide fails, the system must notify the public via newspapers,
radio, TV and other means. Additional actions, such as providing alternative drinking water
supplies, may be required to prevent serious risks to public health.
Drinking Water Standards:
Mclg: zero
Mcf: Treatment Technique
Acrylamide Releases to Water and Land, 1987 to 1993 (In pounds):
Water land
TOTALS lln pounds) 18,287 5,918
Top five stales'
Ml 17,200 0
WA 8,000 0
C7 5,890 0
LA 4,367 500
PA 2,505 20
AL 1,282 1,258
Major Induslrias'
plastics end resins 19.002 2,177
Pulp mils 8.000 0
fndusl. organics 7,107 2,200
1rdusl.lnorvanlcs 2,510 Soo
Watedt-and totals only include facilities with releases greater 100 lbs.
Learn more about your drinking water!
EPA strongly encourages people to learn more about their drinking water, and to support local
efforts to protect and upgrade the supply of safe drinking water. Your water bill or telephone books
bnp://www.epa_gov/safewater/contaminants/dw conLw4s/acry lami.him) 10/13/2009
131/(32241)1)-0016
049607.(11 a12/18?09 -22-
PART V
Continued
EPA Ground Water & Drinking Water > breadenomb? > Consumer Factsheet on: ACRYLAMIDE Page 3 of 3
government listings are a good starting point
Your local water supplier can give you a list of the chemicafs they lest for in your water, as well as
how your water is treated.
Your slate Department of Health/Envlronment is also a valuable source of information.
For help in locating these agencies of for information on drinking water in general, call: EPAs Safe
Drinking Water Hotline: (800) 426-4791.
For additional Information on the uses and releases of chemlcals in your state, contact the:
Community Right-to-Know Hotline: (800) 4249346,
List of Contaminants
m-Iq&"_HDmal Moot Our omce 1 Publlcatlana 1 tanks I C fT,?s nt.tlslS!t I El EspaF1_tl 1 Questlonaand an~gy
EPAtj4iU.Q I PfivdGY.Bnd,9GSur1N Natica J ~GnRASt.~i
Last updated m Tuesday. November 28th. 2006
URL: htlp~/Mvw,epa.gw/sakwater/canlsmfnenls/dv_conlemfs/acrylemi.html
hnp://wxvw.epa_gov/safewaler/contaminants/dw contamfs/acrytami.htm1 10/13/2009
131/022499-0016
949607,01 al2/19/09 -23-
ITEM NO. 6.9
AGENDA REPORT
Meeting Date: February 11, 2010 Budgeted: Yes
Total Budget: $150,000
To: Board of Directors
Funding Source: Water Operating
Fund
From: Ken Vecchiarelli, General Account No: 101-2700-0922
Manager
Job No: J-200921
Presented By: Steve Conklin, Engineering Dept: Engineering
Manager
Prepared By: Derek Nguyen, Water Quality CEQA Compliance: N/A
Engineer
Subject: Recycled Water Facilities Planning Study
SUMMARY:
The District's Capital Improvement Program includes funding for a Recycled Water Facilities
Planning Study to evaluate the feasibility of using recycled water to irrigate golf courses, parks,
schools and greenbelts within the District's service area. Staff issued a Request for Proposal and
received four (4) consultant proposals. Following an evaluation, staff recommends award to
Malcolm Pirnie, Inc. for a fee not to exceed $146,044.
STAFF RECOMMENDATION:
That the Board of Directors authorize execution of a Professional Services Agreement with Malcolm
Pirnie, Inc. in the amount of $146,044 to prepare the Recycled Water Facilities Planning Study.
COMMITTEE RECOMMENDATION:
The Planning-Engineering-Operations Committee discussed this item at its meeting on February 4,
2010 and supports staff recommendation.
DISCUSSION:
The District's Capital Improvement Program includes funding for a Recycled Water Facilities
Planning Study. The proposed Study will evaluate the feasibility of using recycled water to irrigate
golf courses, parks, schools and greenbelts within the District's service areas. Additional the study
will also include analysis of potential industrial and commercial customers within the District's
boundary to reduce and offset potable water supply. This Study will be funded partially by a grant
from the State Water Resources Control Board.
Engineering staff prepared a Request for Proposal to provide engineering services for the
completion of a Recycled Water Facilities Planning Study and solicited six consulting firms
experienced in this field. Four consultants submitted their proposals. The District's review team
evaluated and ranked the proposals based on experience, technical merit, content and
understanding of the Project. Following the technical evaluation and ranking, separate fee
envelopes with fees for each proposal were opened by staff. Results of the ranking and the
proposed fees were as follows:
Firm Evaluation Score Proposed Fee Staff Hours
Malcolm Pirnie, Inc. 11.03 $146,044 940
Carollo 10.67 $129,614 700
RBF Consulting 10.46 $169,705 981
MWH 10.44 $150,410 928
Malcolm Pirnie, Inc is the recommended firm because they are very experienced in similar types of
studies. They had recently completed an identical study for the City of Anaheim which was
approved by the State Water Resources Control Board. Their proposed project team is the same
experienced team that conducted the study for the City of Anaheim. Based on the above relevant
experience, technical merit and competitive fee, staff recommends award to Malcolm Pirnie, Inc.
Approved by the Board of Directors of the
Yorba Linda Water District
2/11/2010
JS/RC 4-0
ITEM NO. 7.1
AGENDA REPORT
Meeting Date: February 11, 2010 Budgeted: No
To: Board of Directors Cost Estimate: $5,200/yr
Funding Source: All Water Funds
From: Ken Vecchiarelli, General
Manager
Presented By: Gina Knight, Human Resources Dept: Administration
Manager
Reviewed by Legal: Yes
Prepared By: Gina Knight, Human Resources CEQA Compliance: N/A
Manager
Subject: Resolution 10-01 for Medicare-Only Coverage
SUMMARY:
The Board of Directors, at its meeting held January 28, 2010, approved the proposal to extend
Medicare-only coverage to five long-term employees.
STAFF RECOMMENDATION:
That the Board of Directors approve Resolution 10-01 for submittal to the California Public
Employees Retirement System, enabling five long-term employees to qualify for Medicare-Part A
coverage.
COMMITTEE RECOMMENDATION:
The Personnel-Risk Management Committee discussed this matter at its meeting held January 12,
2010 and recommend that the Board of Directors approve the coverage.
PRIOR RELEVANT BOARD ACTION(S):
The Board of Directors discussed this matter at its meeting held January 28, 2010 and approved the
proposal to extend Medicare only coverage to five dedicated employees each of whom has worked
for the District for more than twenty years.
ATTACHMENTS:
Name: Description: Type:
Resolution 10-01.doc Resolution No. 10-01 Resolution
Approved by the Board of Directors of the
Yorba Linda Water District
2/11/2010
MB/JS 4-0 Roll Call
RESOLUTION NO. 10-01
RESOLUTION OF THE BOARD OF DIRECTORS
ESTABLISHING A DEEMED RETIREMENT SYSTEM
PURSUANT TO SECTION 218(d)(6) OF THE
FEDERAL SOCIAL SECURITY ACT
WHEREAS, the Yorba Linda Water District, hereinafter designated as "Public Agency",
desires to establish a "deemed" retirement system pursuant to Section
218(d)(6) of the Federal Social Security Act composed of positions of
members of the California Public Employees' Retirement System
(CaIPERS) hereinafter designated "Present Retirement System", desiring
"Medicare-Only" coverage, and to include services performed by
individuals employed by the Public Agency in positions covered by said
"deemed" retirement system, as members of a coverage group
established by Section 218(d)(4) of said Act, in the California State Social
Security Agreement of March 9, 1951, providing for the coverage of public
employees under the insurance system established by said Act as
amended; and
WHEREAS, State and Federal law and regulations require, as a condition of such
coverage, that a division be authorized by the Board of Administration,
California Public Employees' Retirement System; and
WHEREAS, it is necessary that the Public Agency now designate any services which it
desires to exclude from coverage with respect to such coverage group
under said insurance system; and
WHEREAS, it is necessary for the Public Agency to set forth the modification, if any, of
the benefits and contributions under the Present Retirement System that
may result from coverage under the said insurance system with respect to
such coverage group;
NOW THEREFORE BE IT RESOLVED that the Board of Administration, California
Public Employees' Retirement System, be and hereby is requested to authorize the
foregoing division; and
BE IT FURTHER RESOLVED that upon receipt of authorization from the Board of
Administration a division shall be conducted in accordance with the requirements of
Section 218(d) of the Social Security Act, and applicable State and Federal laws and
regulations; that each eligible member of the Present Retirement System at the time of
the division shall be furnished a form to permit the member to elect whether or not his
services should be excluded from or included under the said California State Social
Security Agreement as hereinbefore provided; with such "Medicare-Only" coverage
effective as to services performed on and after January 1, 2010; and
Resolution No. 10-01 Establishing a Deemed Retirement System 1
BE IT FURTHER RESOLVED that the following services with respect to said coverage
group of the Public Agency shall be excluded from coverage under said agreement:
1. All services excluded from coverage under the agreement by Section 218 of
the Social Security Act; and
2. Services excluded by option of the Public Agency:
X a. No optional exclusions desired.
b. Service Performed:
BE IT FURTHER RESOLVED that with respect to the said coverage group the benefits
and contributions of the Present Retirement System shall not be modified in any way;
and
BE IT FURTHER RESOLVED that notice of the division shall be given to members of
the Present System not less than ninety days prior to the date of the division; provided
however, that notice shall be given to employees becoming members of the Present
Retirement System after the date of such notice up to and including the date of the
division on the date on which they attain membership in the system, and that Gina
Knight, Human Resources Director, is hereby designated and appointed to conduct
such division on behalf of the Public Agency in accordance with law, regulations, and
this resolution, including the fixing of the date and the giving of proper notice thereof to
members of the Present Retirement System and to all such eligible employees; and
BE IT FURTHER RESOLVED that the Public Agency will pay and reimburse the State
at such time and in such amounts as may be determined by the State the approximate
cost of any and all work and services relating to such division.
PASSED AND ADOPTED this 11th day of February 2010, by the following called vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
William R. Mills, President
Yorba Linda Water District
Resolution No. 10-01 Establishing a Deemed Retirement System 2
ATTEST:
Ken Vecchiarelli, Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
Arthur G. Kidman, Esq.
McCormick, Kidman & Behrens
Resolution No. 10-01 Establishing a Deemed Retirement System 3
ITEM NO. 9.3
AGENDA REPORT
Meeting Date: February 11, 2010
Subject: Personnel-Risk Management Committee
(Collett/Beverage) Alternate: Summerfield
• Minutes of meeting held February 9, 2010 at 4:00 p.m. (To be provided at the
meeting.)
• Meeting scheduled March 9, 2010 at 4:00 p.m.
ATTACHMENTS:
Name: Description: Type:
020910 PRM - Minutes.doc PRM Mtg Minutes 02/09/10 Minutes
MINUTES OF THE
YORBA LINDA WATER DISTRICT
PERSONNEL-RISK MANAGEMENT COMMITTEE MEETING
February 9, 2010
A meeting of the Personnel-Risk Management Committee was called to order by
Director Collett at 4:00 p.m. The meeting was held at the District's Administrative Office
at 1717 E Miraloma Ave, Placentia CA 92870.
COMMITTEE STAFF
Director Ric Collett, Chair Ken Vecchiarelli, General Manager
Director Michael J. Beverage
1. PUBLIC COMMENTS
None.
2. DISCUSSION ITEMS
2.1. ACWA/JPIA RPA Stabilization Fund Report
Mr. Vecchiarelli reported the District received a check in the amount of
$36,376.17 from ACWA/JPIA. This refund is from the District's rate
stabilization fund and is calculated through the JPIA's Retrospective
Premium Adjustment formula. The Committee requested information from
prior years to show what our premiums have been and how much we have
received in RPA refunds for the past three years.
2.2. Status of Recruitments and Authorized/Budgeted Positions
The Committee discussed updates to the spreadsheet and the activities
with recruitments. Mr. Vecchiarelli reported offers have been accepted for
the Finance Director and Public Information Specialist positions. These
new employees will both start work later this month. The Committee
discussed the challenging transition for the new Finance Director and
expressed their appreciation for the Interim Finance Director's assistance
with this process.
2.3. Status of Risk Management Activities
The Committee reviewed and discussed the updated activities log. Mr.
Vecchiarelli reported on Sexual Harassment training the entire staff
received earlier this month. Mr. Vecchiarelli also reported on utility claims
related to the Zone Reconfiguration Project. The District is seeking
reimbursement for change order costs resulting from conflicts with
unmarked and mismarked utilities, which caused contractor delays and
increased costs on the project.
1
2.4. Future Agenda Items and Staff Tasks
Mr. Vecchiarelli reported staff will research into employee recognition
programs and practices supported by other agencies. Staff will bring back
a report and recommendations for consideration by the Committee at a
future meeting.
3. ADJOURNMENT
3.1. The Committee adjourned at 4:40 p.m. Before adjourning, Mr. Vecchiarelli
reported that the next regular meeting of the Personnel-Risk Management
Committee, scheduled for March 9, 2010 at 4:00 p.m., may need to be
postponed or canceled due to possible conflicts with workshops and
special meetings staff is trying to schedule with the Board. The
Committee discussed the possibility of having to reschedule the regular
meetings anyway depending on the availability of a new director if one is
appointed by the Board over the next few weeks.
2
ITEM NO. 9.4
AGENDA REPORT
Meeting Date: February 11, 2010
Subject: Planning-Engineering-Operations Committee
(Mills/Summerfield) Alternate: Beverage
Minutes of meeting held February 4, 2010 at 4:00 p.m.
Meeting scheduled March 4, 2010 at 4:00 p.m.
ATTACHMENTS:
Name: Description: Type:
PEO Minutes - 020410.doc PEO Mtg Minutes 02/04/10 Minutes
MINUTES OF THE
YORBA LINDA WATER DISTRICT
PLANNING-ENGINEERING-OPERATIONS COMMITTEE MEETING
February 4, 2010
A meeting of the Planning-Engineering-Operations Committee was called to order by
Director Mills at 4:00 p.m. The meeting was held at the District's Administrative Office
at 1717 E Miraloma Ave, Placentia CA 92870.
COMMITTEE STAFF
Director William R. Mills, Chair Ken Vecchiarelli, General Manager
Director John W. Summerfield Steve Conklin, Engineering Manager
Lee Cory, Operations Manager
Ken Mendum, Ops Superintendent
John DeCriscio, Chief Plant Operator
1. PUBLIC COMMENTS
None.
3. DISCUSSION ITEMS
(The following Items were taken out of order at the request of Mr. Vecchiarelli.)
3.1. MET Shutdown Operating Plan (Verbal report)
Mr. DeCriscio provided a PowerPoint presentation on the District's
preparations for and actions during the planned week-long shutdown of
MWD's Diemer Plant. He noted that during this interval, the District was
limited to its groundwater supply and water in storage in its reservoirs. Mr.
DeCriscio indicated that, with the cool, wet weather and all of the
reservoirs filled to capacity at the start of the shutdown, the District
successfully met the water needs of its customers with no problems. The
Diemer Plant and MWD transmission pipelines were restored to full
service on January 31.
3.3. Monthly Groundwater Production and Purchased Import Water Report
Mr. Vecchiarelli and Mr. DeCriscio reported on the water demands and
source of supplies for the month of January 2010. Mr. Vecchiarelli noted
that fiscal year to date demands are 4.2% beyond the 10% goal of
reducing water demands over last year. Mr. DeCriscio reported that we
are on target to meet our groundwater production goal.
3.4. Monthly Preventative Maintenance Program Report.
Mr. Mendum reported on the status of the Preventative Maintenance
Program from July 2009 through January 2010. He noted that our crews
are on target to meet maintenance goals in all areas, with the exception of
sewer televising where some catch-up is needed. Mr. Mendum left the
meeting following these discussions.
1
2. ACTION CALENDAR
2.1. Amendment No. 2 to Professional Services Agreement - Design of
Highland Booster Pump Station Replacement.
Mr. Conklin reported that design is 75% complete. He noted that in the
process of reviewing the 75% design plans, staff noted changes
necessary that were outside the scope of the project. At the request of
staff, the design consultant, MWH, provided a work scope and fee for the
proposed extra work for $18,929, which staff reviewed and recommended
for approval as Amendment No. 2. Following discussion, the Committee
supported staff's recommendation.
2.2. Change Order No. 2 for the San Antonio Pressure Reducing Station
Upgrade Project.
Mr. Conklin reported that construction is complete on the subject project,
through which water is provided to the newly completed Zone 4
Reconfiguration Project. He described the extra work necessary to install
the new vault top slab around an encased Edison electrical conduit, and
the recommendation of staff that the $12,777.65 cost of the extra work be
approved as Change Order No. 2. Following discussion, the Committee
supported staff's recommendation.
2.3. Drilling Contract for Well No. 20
Mr. Conklin reported on the opening of bids on February 2 for the subject
project and the four bids received, ranging from a low of $367,291 to a
high of $431,275. Following discussion, the Committee supported the staff
recommendation for award to the lowest responsible bidder, Bakersfield
Well & Pump Company for $367,291.
2.4. License Agreement with the Orange County Water District (OCWD) to
Discharge Well No. 20 Blow-Off Water Into the Warner Basin Complex.
Mr. Conklin reported that as part of the Well No. 20 Project, discharge of
water from well construction and continuing well operations will discharge
periodically into OCWD's Conrock Basin at the Warner Basin Complex.
OCWD has approved a 50-year license agreement for this use and
approval of the license by the Board is recommended. Following
discussion, the Committee supported staff recommendation.
2.5. Recycled Water Facilities Planning Study
Mr. Conklin reported the proposals have been received and reviewed for
the subject study. Following an evaluation of the proposals by staff based
on technical merit, and consideration of the proposed fees, staff
recommends award to Malcolm Pirnie, Inc., for a total fee not to exceed
$146,044. He also noted that the District has received a grant from the
State for the study that will cover half the cost, up to a maximum grant
amount of $75,000. Following discussion, the Committee supported staff's
recommendation.
2
2.6. Status of Change Orders and Final Progress Payment with Ken
Thompson, Inc. (KTI).
Mr. Vecchiarelli reported that he met with Mr. Ken Thompson, Jr. of KTI on
the matter of the $150,000 change order claim. Based on that meeting
and follow-up discussions, Mr. Thompson agreed to drop the claim and
accept the project as complete, subject to the filing of the Notice of
Completion by the District. Following discussion, the Committee
congratulated Mr. Vecchiarelli on his efforts to successfully settle this
matter. Mr. Vecchiarelli expressed his gratitude for the Board's direction
and support on the matter and for staff's diligence in properly documenting
meeting minutes, daily work reports and other efforts to make this project
go smoothly during its course through the community.
3. DISCUSSION ITEMS (Continued)
3.2. Water Supply to Black Gold Golf Course
Mr. Conklin reported that at its January 28 meeting the Board commented
that Black Gold Golf Course is experiencing ever-increasing cost for water
and that perhaps there might be options for water supply that could lead to
savings in the future. The Committee discussed options and ideas that
may be considered including recycled water, the use of GWRS water and
other possible sources. It was noted that the District will begin its Recycled
Water Facilities Planning Study shortly and that consideration of the Black
Gold Golf Course as a potential customer will be included. Mr. Vecchiarelli
also noted that the District has been contacted by Aera Energy, which has
an unused pipeline that previously discharged waste water from its oil
production facilities to the OCSD SARI line near La Palma Avenue. The
use of this line for distribution of recycled water is a possibility being
considered.
3.5. Monthly Groundwater Producers Meeting Report
Mr. Conklin reported on the above for the month of January. Of particular
note, he reported that OCWD has made preliminary estimates for FY10/11
for the Replenishment Assessment (RA) of $249 to $266 per acre foot,
and for the Basin Production Percentage (BPP) of 57 to 62 percent. The
final decision on this will be made by OCWD in April, partly dependent on
the rain and weather in the interim.
3.6. Status Report on Capital Projects in Progress
Mr. Conklin reported on the status of capital projects in planning, design
and construction.
3.7. Future Agenda Items and Staff Tasks
None.
4. ADJOURNMENT
4.1. The meeting was adjourned at 5:40 p.m. The next regular meeting of the
Planning-Engineering-Operations Committee will be held March 4, 2010 at
4:00 p.m.
3
ITEM NO. 9.5
AGENDA REPORT
Meeting Date: February 11, 2010
Subject: Public Information-Technology Committee
(Beverage/Summerfield) Alternate:
Minutes of meeting held February 2, 2010 at 4:00 p.m.
Meeting scheduled March 2, 2010 at 4:00 p.m.
ATTACHMENTS:
Name: Description: Type:
020210 PIT - Minutes.doc PIT Mtg Minutes 02/02/10 Minutes
MINUTES OF THE
YORBA LINDA WATER DISRICT
PUBLIC INFORMATION-TECHNOLOGY COMMITTEE MEETING
February 2, 2010
A meeting of the Public Information-Technology Committee was called to order by
Director Beverage at 4:00 p.m. The meeting was held at the District's Administrative
Office at 1717 E Miraloma Ave, Placentia CA 92870.
COMMITTEE STAFF
Director Michael J. Beverage, Chair Pat Grady, Assistant General Manager
Director John W. Summerfield Steve Conklin, Engineering Manager
1. PUBLIC COMMENTS
None.
The following item was taken out of order.
3. DISCUSSION ITEMS
3.7. Future Agenda Items and Staff Tasks Continued
Mr. Conklin reviewed correspondence mailed to customers affected by the
last phase of the District's Zone Reconfiguration Project. Mr. Conklin
reported the project was nearing completion and the District had not
received many inquiries from customers affected by the increased water
pressure.
Mr. Conklin left the meeting at this time.
2. ACTION CALENDAR
2.1. Water Bill Redesign
Mr. Grady presented the final re-design of the water bill statement to the
Committee for consideration. The Committee approved the re-design.
The water bill statement will be considered by the full Board at the
February 25 regular meeting.
3. DISCUSSION ITEMS CONTINUED
3.1. Proclamation for Director Armstrong (Verbal Report)
Mr. Grady reported that Staff was seeking suggestions from the
Committee to honor and recognize the late Director Armstrong for his 28
years of service and dedication to the District as a director. The
Committee suggested a large water display with a meaningful engraving
that could be presented to Director Armstrong's family at an upcoming
Board meeting. Staff will research and locate the appropriate display and
solicit comments from the Committee for the engraving portion.
1
3.2. Winter Newsletter Update (Verbal Report)
Mr. Grady reported that the District's winter newsletter was mailed to
22,270 customers beginning January 27, 2010. Director Beverage
suggested that a photo in the latest ACWA publication depicting the status
of California reservoirs be considered for the spring newsletter.
3.3. Public Outreach Activities
Mr. Grady updated the Committee on past and future public outreach
activities. Staff developed a matrix that outlines these activities which will
be updated and presented at every PIT Committee meeting on a monthly
basis. Discussion took place regarding the water bottles provided at the
various events. The Committee requested that Staff evaluate the bottling
of District's water during the upcoming budget process.
3.4. Home Energy & Water Efficiency Survey Program
Mr. Grady reported that Staff attended a workshop at MWDOC to discuss
the Home Energy & Water Efficiency Survey Program developed by
Southern California Edison. Due to the unknown cost of participating in the
program at this time, Staff suggested this item be re-evaluated during the
budget process for FY 2010/11. By doing so, the details of the program
will be further along, including the cost for participation. The Committee
agreed and requested this item be considered during budget deliberations.
3.5. Conservation Ordinance Monthly Statistics
Mr. Grady updated the Committee on the District's monthly conservation
ordinance statistics.
3.6. IT Projects Monthly Status
Mr. Grady updated the Committee on the Information Technology projects
currently in progress.
3.7. Future Agenda Items and Staff Tasks Continued
Mr. Grady reported that District name identification badges will be
distributed to the Board, managers, and the Customer Service staff. The
Committee requested that enforcement measures of the District's
conservation ordinance be discussed at a future Exec-Admin Committee
meeting.
4. ADJOURNMENT
4.1. The meeting was adjourned at 5:15 p.m. The next regular meeting of the
Public Information-Technology Committee will be held March 2, 2010 at
4:00 p.m.
2
ITEM NO. 11.1
AGENDA REPORT
Meeting Date: February 11, 2010
Subject: Meetings from February 12, 2010 - March 31, 2010
ATTACHMENTS:
Name: Dosciiption: a ype:
BOD Activity Calendar.pdf BOD Activity Calendar Backup Material
Board of Directors Activitv Calendar
Event Date Time Attendance by:
February 2010
Holiday Mon, Feb 15 7:30AM District Offices Closed
Exec-Admin-Organizational Committee Meeting Tue, Feb 16 4:OOPM Mills/Beverage
Yorba Linda City Council Tue, Feb 16 6:30PM Summerfield
MWDOC Board Wed, Feb 17 8:30AM Staff
Finance-Accounting Committee Meeting Wed, Feb 17 4:OOPM Summerfield/Collett
OCWD Board Wed, Feb 17 5:OOPM Staff
Board of Directors Special Meeting Thu, Feb 18 4:OOPM
Yorba Linda Planning Commission Wed, Feb 24 7:OOPM
Board of Directors Regular Meeting Thu, Feb 25 8:30AM
March 2010
Citizens Advisory Committee Meeting Mon, Mar 1 8:30AM Beverage
Public Information-Technology Committee Meeting Tue, Mar 2 4:OOPM Beverage/Summerfield
Yorba Linda City Council Tue, Mar 2 6:30PM Mills
MWDOC/MWD Workshop Wed, Mar 3 8:30AM Staff
OCWD Board Wed, Mar 3 5:OOPM Staff
Planning-Engineering-Operations Committee Meeting Thu, Mar 4 4:OOPM Mills/Summerfield
Finance-Accounting Committee Meeting Mon, Mar 8 4:OOPM Summerfield/Collett
Personnel-Risk Management Committee Meeting Tue, Mar 9 4:OOPM Collett/Beverage
Yorba Linda Planning Commission Wed, Mar 10 7:OOPM Collett
Board of Directors Regular Meeting Thu, Mar 11 8:30AM
Exec-Admin-Organizational Committee Meeting Tue, Mar 16 4:OOPM Mills/Beverage
Yorba Linda City Council Tue, Mar 16 6:30PM Summerfield
MWDOC Board Wed, Mar 17 8:30AM Staff
OCWD Board Wed, Mar 17 5:OOPM Staff
MWDOC/OCWD Ad Hoc Committee Meeting Tue, Mar 23 4:OOPM Mills/Beverage
Yorba Linda Planning Commission Wed, Mar 24 7:OOPM
Board of Directors Regular Meeting Thu, Mar 25 8:30AM
Citizens Advisory Committee Meeting Mon, Mar 29 8:30AM Summerfield
2/5/2010 8:59:36 AM