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HomeMy WebLinkAbout2012-05-24 - Board of Directors Meeting Agenda Packet Yorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, May 24, 2012, 8:30 AM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Phil Hawkins, President Gary T. Melton, Vice President Michael J. Beverage Ric Collett Robert R. Kiley 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. SPECIAL RECOGNITION 6.1. Introduce Rachel Padilla, Newly Hired Customer Service Supervisor 7. 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. 7.1. Minutes of the Board of Directors Special Meeting Held May 7, 2012 Recommendation. That the Board of Directors approve the minutes as presented. 7.2. Minutes of the Board of Directors Regular Meeting Held May 10, 2012 Recommendation: That the Board of Directors approve the minutes as presented. 7.3. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$1,246,041.92. 7.4. Progress Payment No. 7 for Well No. 20 Well Head Project Recommendation: That the Board of Directors approve Progress Payment No. 7 in the net amount of$151,376.67 to Pascal & Ludwig Constructors for construction of the Well No. 20 Well Head Equipping Project, Job No. 200711. 7.5. Progress Payment No. 16 for the Highland Booster Pump Station Project Recommendation: That the Board of Directors approve Progress Payment No. 16 in the net amount of$78,520.82 to Pacific Hydrotech Corporation for construction of the Highland Booster Pump Station Project, Job No. 200814. 7.6. Draft 2012 Water Quality Report Recommendation: That the Board of Directors approve the 2012 Water Quality Report and authorize staff to print and distribute copies of this report to each of the District's water customers. 8. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 8.1. Change Order No. 3 for Well 20 Wellhead Equipping Project Recommendation: That the Board of Directors approve Change Order No. 3 for a no-cost 16 calendar-day time extension for Pascal & Ludwig Constructors for the Well 20 Wellhead Equipping Project, Job No. 2007-11. 8.2. Renewal of Supplier Contract with Aramark Recommendation: That the Board of Directors authorize the General Manager to enter into the renewal option agreement as part of the District's supplier contract with Aramark. The new term of the contract will be 12 months with service starting on July 1, 2012 and ending on June 30, 2013, with a total estimated contract cost of $13,000. 8.3. Renewal of Supplier Contract with PTI Sand & Gravel, Inc. Recommendation: That the Board of Directors authorize the General Manager to enter into the renewal option agreement as part of the District's supplier contract with PTI Sand& Gravel, Inc. The new term of the contract will be 12 months with service starting on July 1, 2012 and ending on June 30, 2013, with a total estimated contract cost of$15,000. 8.4. Renewal of Supplier Contract with Dean Criske Trucking Recommendation: That the Board of Directors authorize the General Manager to enter into the renewal option agreement as part of the District's supplier contract with Dean Criske Trucking. The new term of the contract will be 12 months with service starting on July 1, 2012 and ending on June 30, 2013, with a total estimated contract cost of$15,000. 8.5. Renewal of Supplier Contract with Nickey Petroleum, Inc. Recommendation: That the Board of Directors authorize the General Manager to enter into the renewal option agreement as part of the District's supplier contract with Nickey Petroleum, Inc. The new term of the contract will be 12 months with service starting on July 1, 2012 and ending on June 30, 2013, with a total estimated contract cost of$161,800.00. 8.6. Renewal of Janitorial Service Contract with Merchants Building Maintenance Recommendation: That the Board of Directors authorize the General Manager to enter into the renewal option agreement as part of the District's janitorial service contract with Merchants Buildings Maintenance. The new term of the contract will be 12 months with service starting on July 1, 2012 and ending on June 30, 2013, with a total estimated contract cost of$65,440.78 or$70,501.17 depending on the District's work schedule. 8.7. Claim filed by Thomas Barker Recommendation: That the Board of Directors reject the claim submitted by Thomas Barker. 8.8. Claim Filed by Mamco Recommendation: That the Board of Directors reject the claim submitted by Mamco, Inc. and refer it to ACWA/JPIA. 8.9. Request for Proposals for an Organizational Efficiency Study 8.10. Short-Term Disability Insurance Recommendation: That the Board of Directors authorize the provision of short-term disability insurance for full-time District employees and a life insurance benefit for members of the Board of Directors. 8.11. Cell Phone Service Consolidation Recommendation: That the Board of Directors authorize staff to terminate the District's cell phone services with AT&T and Sprint/Nextel and transfer them to Verizon under the current Western States Contracting Alliance (WSCA) contract. 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. President's Report 9.2. Directors' Report • OC Water Summit - May, 18, 2012 (Kiley/Melton) 9.3. General Manager's Report 9.4. General Counsel's Report 9.5. Future Agenda Items and Staff Tasks 10. COMMITTEE REPORTS 10.1. Executive-Administrative-Organizational Committee (Hawkins/Melton) Minutes of meeting held May 9, 2012 at 4:00 p.m. Meeting scheduled June 18, 2012 at 4:00 p.m. 10.2. Finance-Accounting Committee (Kiley/Hawkins) • Minutes of meeting held May 23, 2012 at 4:00 p.m. (To be provided at the next regular Board meeting.) • Meeting scheduled June 25, 2012 at 4:00 p.m. 10.3. Personnel-Risk Management Committee (Beverage/Collett) Minutes of meeting held May 8, 2012 at 4:00 p.m. Meeting scheduled June 12, 2012 at 4:00 p.m. 10.4. Planning-Engineering-Operations Committee (Collett/Kiley) Minutes of meeting held May 3, 2012 at 4:00 p.m. Meeting scheduled June 7, 2012 at 4:00 p.m. 10.5. Public Affairs-Communications-Technology Committee (Melton/Beverage) Minutes of meeting held May 14, 2012 at 4:00 p.m. Meeting scheduled June 11 , 2012 at 4:00 p.m. 10.6. YLWD-MWDOC-OCWD Joint Agency Committee (Hawkins/Beverage) • Minutes of meeting held May 22, 2012 at 4:00 p.m. (To be provided at the next regular Board meeting.) • Meeting scheduled July 24, 2012 at 4:00 p.m. 10.7. Citizens Advisory Committee (Beverage) • Meeting scheduled May 29, 2012 at 8:30 a.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. YL City Council - May 15, 2012 (Melton) 11.2. MWDOC Board - May 16, 2012 (Melton/Staff) 11.3. OCWD Board - May 16, 2012 (Kiley/Staff) 11.4. YL Planning Commission - May 23, 2012 (Collett) 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from May 25, 2012 - June 30, 2012 13. CLOSED SESSION The Board may hold a closed session on items related to personnel, labor relations and/or litigation. The public is excused during these discussions. 13.1. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: Itani, et al vs. YLWD (OC Superior Court — Case No. 00124906) Name of Case: Johnson, et al vs. YLWD, et al (OC Superior Court — Case No. 00125994) Name of Case: State Farm General Insurance Company vs. YLWD (OC Superior Court — Case No. 00311353) Name of Case: Weiss vs. YLWD (OC Superior Court - Case No. 00319080) Name of Case: Lindholm vs. YLWD, et al (OC Superior Court - Case No. 00320239) Name of Case: Travelers Commercial Insurance Company vs. YLWD (OC Superior Court - Case No. 00327152) Name of Case: Manista vs. YLWD, et al (OC Superior Court - Case No. 00332968) Name of Case: American Security Insurance Company, et al vs. YLWD (OC Superior Court - Case No. 00348304) Name of Case: Buc vs. YLWD (OC Superior Court — Case No. 00409755) Name of Case: Interinsurance Exchange of the Automobile Club vs. YLWD (OC Superior Court - Case No. 00425404) Name of Case: ACWA/JPIA, et al vs. Insurance Company of the State of Pennsylvania, et al (OC Superior Court - Case No. 00486884) 13.2. Conference with Legal Counsel - Anticipated Litigation Pursuant to Subdivision (b) of Section 54956.9 of the California Government Code Number of Potential Cases: Unknown 14. ADJOURNMENT 14.1. A Board of Directors Workshop Meeting to conduct a tour of District facilities will be held May 31 , 2012 at 8:00 a.m. The next regular meeting of the Board of Directors will be held June 14, 2012 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. 7.1 AGENDA REPORT Meeting Date: May 24, 2012 Subject: Minutes of the Board of Directors Special Meeting Held May 7, 2012 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name: Description: Type: 050712 BOD - Minutes.doc BOD Mtg Minutes 05/07/12 Minutes Approved by the Board of Directors of the Yorba Linda Water District 5/24/2012 RC/RK 5-0 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS SPECIAL MEETING May 7, 2012 1. CALL TO ORDER The May 7, 2012 Special Meeting of the Yorba Linda Water District Board of Directors was called to order by President Hawkins at 4:01 p.m. The meeting was held in the Board Room at the District's Administrative Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. PLEDGE OF ALLEGIANCE Director Hawkins led the pledge. 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Phil Hawkins, President Ken Vecchiarelli, General Manager Gary T. Melton, Vice President Gina Knight, Human Resources Manager Michael J. Beverage Annie Alexander, Executive Secretary Ric Collett Robert R. Kiley ALSO PRESENT Richard Kreisler, Partner, Liebert Cassidy Whitmore 4. PUBLIC COMMENTS None. 5. CLOSED SESSION The meeting was adjourned to Closed Session at 4:02 p.m. All Directors were present. Also present were Messrs. Vecchiarelli and Kreisler, and Mrs. Knight. 5.1. Conference with Labor Negotiators Pursuant to Section 54956.7 of the California Government Code Agency Designated Representatives: Ken Vecchiarelli Gina Knight Richard Kreisler Employee Organization: Yorba Linda Water District Employees Association 1 Mr. Vecchiarelli left the Closed Session prior to discussion of the following matter. 5.2. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager The Board reconvened in Open Session at 6:07 p.m. President Hawkins announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 6. ADJOURNMENT 6.1. The meeting was adjourned at 6:08 p.m. The next regular meeting of the Board of Directors will be held May 10, 2012 at 8:30 a.m. Kenneth R. Vecchiarelli Board Secretary 2 ITEM NO. 7.2 AGENDA REPORT Meeting Date: May 24, 2012 Subject: Minutes of the Board of Directors Regular Meeting Held May 10, 2012 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: ,\1-,I I e: Description: Type: 051012 BOD - Minutes.doc BOD Mtg Minutes 05/10/12 Minutes Approved by the Board of Directors of the Yorba Linda Water District 5/24/2012 RC/RK 5-0 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING May 10, 2012 1. CALL TO ORDER The May 10, 2012 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Hawkins at 8:31 a.m. The meeting was held in the Board Room at the District's Administrative Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. PLEDGE OF ALLEGIANCE Director Hawkins led the pledge. 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Phil Hawkins, President Ken Vecchiarelli, General Manager Gary T. Melton, Vice President Steve Conklin, Engineering Manager Michael J. Beverage Lee Cory, Operations Manager Ric Collett Gina Knight, Human Resources Manager Robert R. Kiley Stephen Parker, Finance Manager Cindy Botts, Management Analyst Dave Barmer, Sr Maintenance Distribution Operator Doug Baker, Mechanic II Delia Lugo, Senior Accountant Joann Gitmed, Accounting Assistant II Maria Trujillo, Accounting Assistant I Annie Alexander, Executive Secretary ALSO PRESENT Brett Barbre, Director, Municipal Water District of Orange County Nancy Rikel, Councilmember, City of Yorba Linda Eddy Beltran, Senior Counsel, Kidman Law LLP Andrew Gagen, Partner, Kidman Law LLP Mark Schock 4. ADDITIONS/DELETIONS TO THE AGENDA None. 5. PUBLIC COMMENTS None. 1 6. SPECIAL RECOGNITION 6.1. Recognize Doug Baker, Mechanic II, and Dave Barmer, Senior Maintenance Distribution Operator, for Completion of OSHA Trainer Course in Forklift Safety Mr. Vecchiarelli recognized Messrs. Baker and Barmer and thanked them for their efforts in completing an OSHA train the trainer course for forklift safety. Messrs. Baker and Barmer have trained six other District employees regarding this important safety topic thus far. 6.2. Recognize Staff for Receipt of Distinguished Budget Presentation Award for FY 2011/12 from the Government Finance Officers Association Mr. Vecchiarelli recognized Mr. Parker and Mmes. Botts, Lugo, Gitmed, and Trujillo and thanked them for their work on the FY 2011/12 budget document. Mr. Vecchiarelli explained that this was the first time that staff had submitted the District's budget for consideration of this award and didn't expect to receive this honor on the first attempt. 7. COMMITTEE REPORTS 7.1. Citizens Advisory Committee (Beverage) Minutes of the meeting held April 23, 2012 at 8:30 a.m. were provided in the agenda packet. Director Beverage provided a report regarding matters discussed during the meeting. Next meeting is scheduled May 29, 2012 at 8:30 a.m. 8. CONSENT CALENDAR Director Kiley made a motion, seconded by Director Collett, to approve the Consent Calendar. Motion carried 5-0. 8.1. Minutes of the Board of Directors Regular Meeting Held April 26, 2012 Recommendation: That the Board of Directors approve the minutes as presented. 8.2. Payments of Bills, Refunds and Wire Transfers Recommendation. That the Board of Directors ratify and authorize disbursements in the amount of$507,715.53. 8.3. Investment Report for the Period Ending March 2012 Recommendation: That the Board of Directors receive and file the Investment Report for the Period Ending March 2012. 2 9. ACTION CALENDAR 9.1. Establishing a Line of Credit Mr. Parker explained that at the workshop meeting held April 11, 2012, the Board instructed staff to look into obtaining a line of credit with Wells Fargo. Mr. Parker then responded to questions from the Board regarding cost estimates for associated legal expenses. Director Beverage made a motion, seconded by Director Collett, to approve working with Kurt Yeager of Stradling Yocca Carlson & Rauth to pursue the next steps toward establishing a line of credit with Wells Fargo. Motion carried 5-0. 9.2. Award of Construction Contract for Pressure Regulating Stations Upgrade Project, Phase 1 Mr. Conklin reviewed the purpose of this project and responded to questions from the Board regarding the Engineer's estimate and schedule for completion. Director Collett made a motion, seconded by Director Kiley, to award the contract to Vido Samarzich, Inc. in the amount of $597,020 for construction of the Pressure Regulating Stations Upgrade Project, Phase 1. Mr. Vecchiarelli and Mr. Conklin responded to questions from the Board regarding the possible impact on the budget and Capital Improvement Program. Motion carried 5-0. 9.3. Potential Northeast Developments and Proposed District Planning Study Mr. Conklin provided a PowerPoint presentation regarding the proposed developments and the need for the District to conduct a planning study to assess options available for the provision of water service to these areas. Mr. Conklin and Mr. Vecchiarelli then responded to questions from the Board regarding the estimated size of the needed reservoirs, water quality issues, and densities of the proposed developments. Mr. Schock addressed the Board and expressed his concerns regarding the potential impact on the Hidden Hills reservoir. Director Beverage made a motion, seconded by Director Collett, to authorize staff to proceed with final preparation of an RFP and solicit proposals for the Northeast Area Water Service Planning Study. Motion carried 5-0. 10. REPORTS, INFORMATION ITEMS, AND COMMENTS 10.1. President's Report None. 3 10.2. Directors' Reports None. 10.3. General Manager's Report ■ Orange County Grand Jury Report — "Let There Be Light" Dragging Special Districts from the Shadows Mr. Vecchiarelli reported that a draft response to this report would be presented to the Executive-Administrative-Organizational Committee for review after which it would be brought to the Board for consideration. 10.4. General Counsel's Report None. 10.5. Future Agenda Items and Staff Tasks None. 11. COMMITTEE REPORTS 11.1. Executive-Administrative-Organizational Committee (Hawkins/Melton) Minutes of the meeting held May 9, 2012 at 4:00 p.m. will be provided at the next regular Board meeting. Next meeting is scheduled June 18, 2012 at 4:00 p.m. 11.2. Finance-Accounting Committee (Kiley/Hawkins) Minutes of the meeting held April 23, 2012 at 4:00 p.m. were provided in the agenda packet. Next meeting is scheduled May 23, 2012 at 4:00 p.m. 11.3. Planning-Engineering-Operations Committee (Collett/Kiley) Minutes of the meeting held May 3, 2012 at 4:00 p.m. will be provided at the next regular Board meeting. Next meeting is scheduled June 7, 2012 at 4:00 p.m. 11.4. Personnel-Risk Management Committee (Beverage/Collett) Minutes of the meeting held May 8, 2012 at 4:00 p.m. will be provided at the next regular Board meeting. 4 Next meeting is scheduled June 12, 2012 at 4:00 p.m. 11.5. Public Affairs-Communications-Technology Committee (Melton/Beverage) Next meeting is scheduled May 14, 2012 at 4:00 p.m. 11.6. YLWD-MWDOC-OCWD Joint Agency Committee (Hawkins/Beverage) Next meeting is scheduled May 22, 2012 at 4:00 p.m. 12. INTERGOVERNMENTAL MEETINGS 12.1. YL City Council — May 1, 2012 (Hawkins) Directors Hawkins was unable to attend this meeting. 12.2. MWDOC/MWD Workshop — May 2, 2012 (Melton/Staff) Director Melton attended and commented on the response to the Orange County Grand Jury, pending litigation, and the water supply situation which were discussed during the meeting. 12.3. OCWD Board — May 2, 2012 (Kiley/Staff) Director Kiley attended but did not have any District related business to report. 12.4. WACO — May 4, 2012 (Kiley/Staff) Director Kiley attended and commented on a white paper proposing an additional alternative to the Bay-Delta water conveyance alignments which was discussed during the meeting. 12.5. YL Planning Commission — May 9, 2012 (Kiley) Director Kiley attended and commented on a change of the facade at Chili's restaurant which was approved at the meeting. 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from May 11, 2012 — June 30, 2012 The Board reviewed the listed meetings. Director Melton stated that he would be unable to attend the meetings the Public Affairs- Communications-Technology (PACT) Committee meeting on June 4, 2012 and the MWDOC/MWD Workshop meeting on June 6, 2012. The PACT Committee meeting will be rescheduled and another Director may be assigned to attend the workshop meeting. 14. CLOSED SESSION The meeting was adjourned to Closed Session at 9:26 a.m. All Directors were present. Also present were Messrs. Vecchiarelli, Beltran and Gagen, and Mrs. Knight. 5 14.1. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: Itani, et al vs. YLWD (OC Superior Court — Case No. 00124906) Name of Case: Johnson, et al vs. YLWD, et al (OC Superior Court — Case No. 00125994) Name of Case: State Farm General Insurance Company vs. YLWD (OC Superior Court — Case No. 00311353) Name of Case: Weiss vs. YLWD (OC Superior Court - Case No. 00319080) Name of Case: Lindholm vs. YLWD, et al (OC Superior Court - Case No. 00320239) Name of Case: Travelers Commercial Insurance Company vs. YLWD (OC Superior Court - Case No. 00327152) Name of Case: Manista vs. YLWD, et al (OC Superior Court - Case No. 00332968) Name of Case: American Security Insurance Company, et al vs. YLWD (OC Superior Court - Case No. 00348304) Name of Case: Buc vs. YLWD (OC Superior Court — Case No. 00409755) Name of Case: Interinsurance Exchange of the Automobile Club vs. YLWD (OC Superior Court - Case No. 00425404) Name of Case: ACWA/JPIA, et al vs. Insurance Company of the State of Pennsylvania, et al (OC Superior Court — Case No. 00486884) The Board reconvened in Open Session at 9:47 a.m. President Hawkins announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 15. ADJOURNMENT 15.1. The meeting was adjourned at 9:48 a.m. The next regular meeting of the Board of Directors will be held May 24, 2012 at 8:30 a.m. Kenneth R. Vecchiarelli Board Secretary 6 ITEM NO. 7.3 AGENDA REPORT Meeting Date: May 24, 2012 To: Board of Directors Cost Estimate: $1,246,041.92 Funding Source: All Funds From: Ken Vecchiarelli, General Manager Presented By: Stephen Parker, Finance Manager Dept: Finance Prepared By: Maria Trujillo, Accounting 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 $1,246,041.92. DISCUSSION: The wire and major item on this disbursement list are as follows: A wire of $415,730.34 to MWDOC for March 2012 water purchase; and, a check of $151,376.67 to Pascal & Ludwig Constructors, Incorporated for Well 20 April 2012 progress payment. The balance of $441,122.25 is routine invoices. The Accounts Payable check register total is $1,008,229.26; Payroll No. 10 total is $237,812.66; and, the disbursements of this agenda report are $1,246,041.92. 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: CkRea52412 BOD.p_df Check Register Backup Material 12-CS 524.doc Cap Sheet Backup Material 12 CC 524.xls Credit Card Summary Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/24/2012 RC/RK 5-0 RC abstained from voting on Check No.59173 as he has a financial interest with the vendor. Yorba Linda Water District Check Register For Checks Dated: 5/11/2012 thru 5/24/2012 Check No. Date Vendor Name Amount Description 59196 05/24/2012 1st Enterprise Bank 8,724.53 HIGHLND UPGRD RETENTION APR 59102 05/24/2012 ACWA/JPIA 170.00 JPIA TRAINING AUG GITMED 59204 05/24/2012 ACWA/JPIA 60.00 TRG-TRENCH/EXCAVATE 4 OPS 59107 05/24/2012 Air Resources Board 570.00 PERMIT RENEWAL/PUMP El 69 59080 05/24/2012 ALFRED MOU 788.62 CUSTOMER REFUND 59103 05/24/2012 Alternative Hose Inc. 105.08 UNIT 195 SUCTION HOSE 59104 05/24/2012 Anaheim Wheel & Tire 577.00 MOUNTBAL TIRES 58973 05/11/2012 Answer One Communications (710.45) VOID CK-PD BY VISA 59105 05/24/2012 Apollo Technologies Inc. 430.00 WTR TRTMT/CLSD LOOPS 59106 05/24/2012 Aramark 602.28 UNIFORM 59125 05/24/2012 ARC 240.17 DATA NET WK,JOB SPECS 59108 05/24/2012 Arrow Hardware 475.88 PURCH APRIL 2012 59109 05/2412012 Aspen Risk Management Group Inc 7,743.75 SAFETY CONSULTANT 59110 05/24/2012 Associated Laboratories 45.00 CARBON CHAIN 59092 05/24/2012 ASTER TEVES 193.62 CUSTOMER REFUND 59111 05/24/2012 AT & T 733.01 DMGS TO ATT EQUIPMENT 59112 05/24/2012 AT & T 45.19 CIRCUIT 33984101725899 MAY 59113 05/24/2012 AWWA - CA-NV Section 330.00 MATH REVIEW D3/D4-2 OPS 59114 05/24/2012 Bank Of America 710.45 YLWD VISA/B of A REWARDS 59067 05/24/2012 BANK OF AMERICA/ BAC FIELD SVC 9828 CUSTOMER REFUND 59074 05/24/2012 BARRY LYNCH 95.35 CUSTOMER REFUND 59115 05/24/2012 Battery Systems Inc 80.64 UNIT 127 MAINT FREE BATT 59071 05/24/2012 BCP SYSTEMS INC 69.31 CUSTOMER REFUND 59116 05/24/2012 Bob Peters Fire Protection Inc 350.00 FIRE SPRINKLER CERT TEST 59117 05/24/2012 CalCard US Bank 2,652.55 YLWD VISA 59118 05/24/2012 CDM Smith 860.17 WELL 20 CONSULTING MAR 59119 05/24/2012 CDW Government, Inc 1 ,180.95 IT SUPPLIES 59089 05/24/2012 CENTURY 21 THE DIE GROUP 21.81 CUSTOMER REFUND 59120 05/24/2012 Chambers Group Inc. 1,400.10 HIDDEN HILLS MARCH SVCS 59040 05/24/2012 CHRISTINE COSATO 20.42 CUSTOMER REFUND 59091 05/24/2012 CHRISTY BRONSON 229.39 CUSTOMER REFUND 59121 05/24/2012 Citizen's Business Bank 16,819.63 WELL 20 RETENTION APRIL 59122 05/24/2012 City Of Anaheim 7,099.32 WELL 201NSPECT/IRNSFRMR 59123 05/24/2012 City Of Anaheim 2,394.70 ELECTRICAL CHGS APRIL 59124 05/24/2012 City Of Placentia 8,036.26 SWR FEESIPLACENTIA MAR,APR 59066 05/24/2012 CONNIE REYNA 17.23 CUSTOMER REFUND 59146 05/24/2012 Costco Online 476.93 COFFEE/DISTRICT 59147 05/24/2012 Costco Online 107.73 COFFEE MAKERS 59126 05/24/2012 Culligan of Santa Ana 1,563.05 WATER SOFTENER SVC 59127 05/24/2012 Cummins Cal Pacific, LLC 81 .20 CHECK GENERATOR 59128 05/24/2012 Dapper Tire Co. Inc. 1 ,083.24 UNIT 180 TIRES 59129 05/24/2012 Datalok Orange County 356.21 DATASTORAGE 59069 05/24/2012 David lanacone 50.00 CUSTOMER REFUND 59135 05/24/2012 Dean Criske Trucking 1,031.38 ROAD MATERIAL 59051 05/24/2012 DEBORA MURRAY 43.62 CUSTOMER REFUND 59130 05/24/2012 Dell Marketing L.P. 6,534.34 CMMS MNTG ACCESSORIES 59132 05124/2012 Delson Products Inc 4,999.94 WORK BENCH/MECHANICS 59131 05/24/2012 DeltaCare USA 376.59 DELTA CARE MAY 59133 05/24/2012 Derek Nguyen 235.00 CERT DISTRIBTN D4 59084 05/24/2012 DEY LOFINK 90.25 CUSTOMER REFUND 59060 05/24/2012 DIANNA FISKIN 22.27 CUSTOMER REFUND 59134 05/24/2012 Dion & Sons, Inc. 4,675.37 ALL G/E MYSELLA 59136 05/24/2012 E. H. Wachs Company 122.28 UNIT 138 REPAIR LABOR 59137 05/24/2012 Eisel Enterprises, Inc. 993.99 DEVELOPER JOB MATL 59063 05/24/2012 ELIZABETH USK 30.00 CUSTOMER REFUND 59064 05/24/2012 ERIC BICKETT 24.79 CUSTOMER REFUND 59076 05/24/2012 EUGENE MICKIEWICZ 1190 CUSTOMER REFUND 59139 05/24/2012 EyeMed 1,324.04 VISION MAY 2012 59138 05/24/2012 Fairway Ford Sales, Inc. 24,481.97 2012 F350 59042 05/24/2012 FAS-AHM UTILITIES 27.31 CUSTOMER REFUND 59140 05/24/2012 Fleet Services, Inc 570.14 VEHICLE MISC PARTS 59141 05/24/2012 Flex Advantage 108.00 FLEX A/C PROCESSING APRIL 59142 05/24/2012 Fry's Electronics 129.29 SCADA SUPPLIES 59143 05/24/2012 Fullerton Paint & Flooring 900.38 SUPPLIES 59100 05/24/2012 H B REALTY & INVESTMENTS INC 39.35 CUSTOMER REFUND 59144 05/24/2012 Haaker Equipment Co. 524.29 UNITS 136,154 SWITCH,CTRL VLV 59145 05/24/2012 Hall & Foreman, Inc 7,356.91 PRS UPGRADES CONSULT APR 59044 05/24/2012 HUE VO 37.26 CUSTOMER REFUND 59065 05/24/2012 IGNACIO SANCHEZ 48.07 CUSTOMER REFUND 59148 05/24/2012 Infosend Inc. 12,357.60 PROP 218 NOTICE 59149 05/24/2012 Jackson's Auto Supply - Napa 860.30 VEHICLE MISC PARTS 59081 05/24/2012 JENNIE KOLAKOSKY 10.89 CUSTOMER REFUND 59078 05/24/2012 JENNYTRISNADI 60.72 CUSTOMER REFUND 59043 05/24/2012 JESSICA SEXTON 42.43 CUSTOMER REFUND 59048 05/24/2012 JIM REISS 26.50 CUSTOMER REFUND 59059 05/24/2012 JOEY MURGA 17.23 CUSTOMER REFUND 59150 05/24/2012 John Deere Landscapes 39.20 RAINBIRD NOZZLE,HEAD 59070 05/24/2012 JOHN F HERRERA 45.97 CUSTOMER REFUND 59093 05/24/2012 JOHN STRICKLAND TRUST 41.08 CUSTOMER REFUND 59077 05/24/2012 JOSEPH TRIPP 112.99 CUSTOMER REFUND 59090 05/24/2012 JOSUE RAMON 103.32 CUSTOMER REFUND 59073 05/24/2012 JUSTIN MUNTEAN 332.25 CUSTOMER REFUND 59049 05/24/2012 JUSTIN WARE 4026 CUSTOMER REFUND 59151 05/24/2012 Kidman Law 82,335.50 LEGAL APRIL 59152 05/24/2012 Konica Minolta Business 453.50 COPY CHARGE 59153 05/24/2012 Konica Minolta Business 849.25 BIZHUB C220,C552,181 59154 05/24/2012 Lee & Ro, Inc. 49,946.39 PALM AV UPGRD CONSULT APR 59062 05/24/2012 LESLIE JOHNSON 82.75 CUSTOMER REFUND 59155 05/24/2012 Uebert Cassidy Whitmore 1,317.00 HR ISSUES MARCH 59072 05/24/2012 LIGHTHOUSE REAL ESTATE 17.23 CUSTOMER REFUND 59041 05/24/2012 LINDA ML ROHN 24.33 CUSTOMER REFUND 59099 05/24/2012 LISA ALLEN 27.29 CUSTOMER REFUND 59082 05/24/2012 LYNDA HULL 37.64 CUSTOMER REFUND 59068 05/24/2012 MARGARETTOMKA 36.65 CUSTOMER REFUND 59157 05/24/2012 Marina Landscape, Inc 1,377.47 LANDSCAPE APRIL 59057 05/24/2012 MARTHA SANCHEZ 5.36 CUSTOMER REFUND 59098 05/24/2012 MARYJO ORONOZ 30.40 CUSTOMER REFUND 59158 05/24/2012 Matt Chlor Inc. 2,450.00 FAIRMT/ZN5 PIPELN CHLOR SVC 59159 05/24/2012 Mayer Hoffman McCann P.C. 65.00 GASB UPDATE LUNCH PARKER 59160 05/24/2012 Mc Fadden-Dale Hardware 651.28 PURCH MAY 2012 59161 05/24/2012 Mc Master-Carr Supply Co. 68.04 UNIT 138 HOSE FITTING ETC 59087 05/24/2012 MEGHAN SHIGO 246.14 CUSTOMER REFUND 59055 05/24/2012 MEMRTASH AIDARI 24.79 CUSTOMER REFUND 59162 05/24/2012 Merchants Building Maintenance LU 5,993.13 JANITORIAL 59088 05/24/2012 MIKEYOUNG 20.00 CUSTOMER REFUND 59163 05/24/2012 Minuteman Press 63.57 FORKLIFT CERT CARDS 59052 05/24/2012 MITCH JENNER 111.10 CUSTOMER REFUND 59079 05/24/2012 MONICA RAEL 149.49 CUSTOMER REFUND W51412 05/14/2012 Municipal Water District 415,730.34 WATER PURCH MARCH 2012 59164 05/24/2012 Nickey Kard Lock Inc 6,614.96 FUEL APRIL 59054 05/24/2012 NICOLE PENROD 7937 CUSTOMER REFUND 59165 05/24/2012 Ninyo & Moore 1 ,292.00 HIGHLND UPGRD CONSULT MAR 59166 05/24/2012 Nobel Systems 6,920.00 GIS CONVERSION/SEWER APR 59167 05/24/2012 One Source Distributors, LLC 181 .11 SIDEMOUNT PANEL 59168 05/24/2012 Orange County - IWMD 1,546.48 REFUSE DISPOSAL APRIL 59169 05/24/2012 Orange County Register 2,075.50 FRS UPGRD PUBLIC NOTICE 59170 05/24/2012 Orvac Electronics 45.49 BATTERY, TAPE MEAS 59171 05/24/2012 Pacific Hydrotech Corporation 78,520.82 HIGHLND UPGRD FROG PAY APR 59075 05/24/2012 PACIFIC LEGACY REAL ESTATE 135.67 CUSTOMER REFUND 59172 05/24/2012 Pascal & Ludwig Constructors, Inc 151,376.67 WELL 20 FROG PAY APRIL 59094 05/24/2012 PETE AXELROD 52.54 CUSTOMER REFUND 59056 05/24/2012 PHILLIP RUEDA 34.87 CUSTOMER REFUND 59173 05/24/2012 Placentia Disposal #676 469.58 DISPOSAL APRIL 2012 59174 05/24/2012 Praxair Distribution 1 ,523.68 ALL G/E CYLINDERS 59175 05/24/2012 Quantum Automation 535.43 ASSEMBLY, BLWR PKG 59176 05/24/2012 Quinn Power Systems Associates 555.12 MISC PARTS 59177 05/24/2012 Raftelis Financial Consultants, Inc. 8,611.51 WTR RATE CONSULTING APRIL 59095 05/24/2012 RAY ROBERTS 12.22 CUSTOMER REFUND 59096 05/24/2012 REALHOME SERVICE AND SOLUTION 59.25 CUSTOMER REFUND 59178 05/24/2012 Reed & Davidson, LLP 770.00 PROFESSIONAL SVCS APRIL 59179 05/24/2012 Sancon Engineering Inc. 19,250.00 SWR LINE REPAIR 59050 05/24/2012 SANDY MARZICOLA 35.31 CUSTOMER REFUND 59085 05/24/2012 SANDYPANAGOTACOS 95.35 CUSTOMER REFUND 59039 05/24/2012 SARAH MANGANO 59.15 CUSTOMER REFUND 59180 05/24/2012 Schorr Metals, Inc. 8.30 UNIT 168 CUTTING CHGS 59181 05/24/2012 Shred-It USA Inc 85.23 CONFIDENTIAL DOC SHRED 59182 05/24/2012 So Cal Sandbags Inc. 513.25 SANDBAGS 59183 05/24/2012 South Coast AQMD 113.88 RICHFLD HOT SPOTS 11-12/16239 W51412A 05/14/2012 Southern Calif Edison Co. 2,097.43 ELECTRICAL CHGS APRIL 59186 05/24/2012 St.Jude Hospital Yorba Linda 105.00 DOT EXAMS 3 OPS 59185 05/24/2012 Stephen Parker/ Petty Cash 346.35 PETTY CASH REIMBURSEMENT 59184 05/24/2012 Steven Engineering 2,109.36 SCADA SUPPLIES 59061 05/24/2012 STEVEN VASQUEZ 17.55 CUSTOMER REFUND 59187 05/24/2012 Sunrise Medical Group 786.11 FIRSTAID SVC DETORRE,LOPEZ 59046 05/24/2012 SUSAN MERRILL 95.25 CUSTOMER REFUND 59188 05/24/2012 Terminix Processing Center 185.00 PEST CONTROL 59156 05/24/2012 The Lighthouse Inc. 537.42 BACKUP CAMERA SYSTEM 59053 05/24/2012 TIM WRIGHT 14.38 CUSTOMER REFUND 59189 05/24/2012 Time Warner Cable 447.32 HIGH SPEED OIL 59058 05/24/2012 TIMOTHY WOMACK 57.20 CUSTOMER REFUND 59190 05/24/2012 Townsend Public Affairs, Inc. 5,000.00 CONSULTING MAY 2012 59191 05/24/2012 Toxguard Fluid Technologies 862.37 GAS ENGINEIVEHICLE COOLANT 59101 05/24/2012 TRISTONE GROUP INCORP 70.18 CUSTOMER REFUND 59192 05/24/2012 Underground Service Alert 127.50 NEW TICKETS 59193 05/24/2012 United Industries 885.41 SAFETY GEAR,BRKRM SUPPLIES 59194 05/24/2012 USA Blue Book 209.85 NOZZLE 59195 05/24/2012 Valverde Construction, Inc. 580.75 WELDING/RICHFIELD 59097 05/24/2012 VANGOLD DEVELOPMENT LLC 112.99 CUSTOMER REFUND 59197 05/24/2012 Verizon Wireless 804.94 MOBILE BB APRIL 2012 59086 05/24/2012 VICKY BAKER 117.90 CUSTOMER REFUND 59198 05/24/2012 Village Nurseries 73.71 SOD MAR 2 59047 05/24/2012 WALTAGIUS 44.60 CUSTOMER REFUND 59199 05/24/2012 Walters Wholesale Electric Co. 1 ,269.30 ETHERNET RADIO 59200 05/24/2012 Wells Supply Co 3,499.78 WHSSTOCK 59201 05/24/2012 Westin Engineering, Inc. 860.00 CMMS CONSULTING APRIL 59202 05/24/2012 Wolverine Fence Co. Inc. 7,200.00 ELK MTN/ FENCING 59203 05/24/2012 Yorba Linda Hardware 113.82 PURCH APRIL 2012 59045 05/24/2012 YORBA RIDGE LLC 77.50 CUSTOMER REFUND 59083 05/24/2012 YVONNE KIRKENDALL 24.44 CUSTOMER REFUND Total $19008,229.26 May 24, 2012 CHECK NUMBERS: Void Check 58973 $ (710.45) Computer Checks 59039-59204 $ 591,111.94 $ 590,401.49 WIRES: W-51412 MWDOC $ 415,730.34 W-51412A Southern Cal Edison $ 2,097.43 $ 417,827.77 TOTAL OF CHECKS AND WIRES $ 1,008,229.26 PAYROLL NO. 10: Employee Checks/ Direct Deposits 5279-5280 $ 152,015.02 Third Party Checks 5281-5288 $ 45,011.72 Payroll Taxes $ 40,785.92 TOTAL OF PAYROLL $ 237,812.66 ---------------------------------------------------------------------------------------------------------------------- DISBURSEMENT TOTAL: $ 1,246,041.92 ------------------------------------------------------------------ ------------------------------------------------------------------ APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF MAY 24, 2012 ------------------------------------------------------------------ ------------------------------------------------------------------ Cash Rewards Credit Card Bank of America 5/01/2012-5/15/2012 Date Vendor Name Amount Description 1-May Answer One Comm 710.45 Answering Service TOTAL 710.45 Cal Card Credit Card U S Bank 4/30/2012-5/11/2012 Date Vendor Name Amount Description 30-Apr Tom's Place 22.60 Lunch/Interview Panel 30-Apr GFOA 477.00 Accounting Manuals 30-Apr Kimmie's Coffee Cup 39.73 Lunch Mtg/Board Pres&VP 7-May Lux Bus America 570.75 YLWD District Tour 8-May Harrington Industrial 682.33 Pressure Regulator 8-May Bell Pipe 147.03 CL2 System repairs 9-May Subway 144.00 Lunch/All Hands Meeting 9-May MWDOC 115.00 OC Water Summit/CAC Member 9-May Placentia Recycling 32.33 Landscape Material/Soil 9-May Home Depot 279.08 Concrete 9-May MWDOC 115.00 OC Water Summit/Dir Melton 9-May Farmer Boys 27.70 Lunch/Accounting Section Meeting TOTAL 2,652.55 ITEM NO. 7.4 AGENDA REPORT Meeting Date: May 24, 2012 Budgeted: Yes Total Budget: $1 ,500,000 To: Board of Directors Cost Estimate: $1 ,134,109 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: Joe Polimino, Project Engineer CEQA Compliance: Exempt Subject: Progress Payment No. 7 for Well No. 20 Well Head Project SUMMARY: Work is proceeding on construction of the Well No. 20 Well Head Equipping Project. It includes installation of a new well head, pump and electric motor, electrical controls and equipment, a concrete well pad, various yard piping and new paving at the well site. STAFF RECOMMENDATION: That the Board of Directors approve Progress Payment No. 7 in the net amount of $151 ,376.67 to Pascal & Ludwig Constructors for construction of the Well No. 20 Well Head Equipping Project, Job No. 200711 . DISCUSSION: In accordance with the contract documents, Pascal & Ludwig Constructors submitted a request for Progress Payment No. 7, in the amount of $168,196.30 for completed work through April 30, 2012. During this period, the contractor completed grading the site and paving of the access road and area around the well. They also continued installation of the Motor Control Center cabinet, associated electrical work and the PLC panel and sensors. The status of the construction contract with Pascal & Ludwig Constructors is as follows: • The current contract is $1 ,144,603.00 and 229 calendar days starting September 29, 2011 (Includes Change Order No. 1 and 2 which added $10,494.00 and 109 calendar days). • If approved, Progress Payment No. 7 is $168,196.30 (14.7% of the total contract amount), less 10% retention of $16,819.63 for a net payment of $151 ,376.67. • If approved, total payments to date including retention will be $1 ,077,621 .50 (94.1% of the total contract amount). • As of April 30, 2012, 215 calendar days were used (93.9% of the contract time). Staff reviewed the contractor's progress payment and recommend approval. A copy of Progress Payment No. 7 is attached for your reference. STRATEGIC PLAN: SR 3-A: Complete Implementation of Five Year Capital Improvement Plan from FY 2011-2015 with adopted amendments PRIOR RELEVANT BOARD ACTION(S): The Board has approved six progress payments to date for this project, the last which was approved April 26, 2012. ATTACHMENTS: Name: Description: Type: P L Well 20 Project Progress Pay Request 7.odf Well 20 Progress Pay Request No.7 for P&L Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/24/2012 RC/RK 5-0 YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT Well 20 Project o PROGRESS PAY REQUEST NO. 007 LOCATION �Yorba Linda , CA PROJECT NO . 200711 PAGE 1 OF 1 PAGES CONTRACTOR Pascal & Ludwig Constructors DATE 5/9/2012 ORIGINAL CONTRACT AMOUNT $ 11349109.00 P AUTHORIZED CHANGE ORDERS: $ 10,494.00 REVISED CONTRACT AMOUNT : $ 1 .1449603.00 PROGRESS PAY ESTIMATE FOR PERIOD April 1 , 2012 TO Aril 30, 2012 PREVIOUS THIS MONTH TO DATE VALUE OF WORK COMPLETED $ 909,425.20 $ 157. 702 .30 $ 10067, 127 . 50 CHANGE ORDER WORK COMPLETED $ $ 10 ,494 .00 S 10,494 .00 TOTAL VALUE OF WORK COMPLETED S 909,425. 20 S 168, 196.30 $ 1 ,077,621 .50 LESS RETENTION 105 S 818,482. 68 S 151 ,376 .67 S 969.859 . 35 LESS OTHER DEDUCTIONS Electronic Wire Fees NET EARNED TO DATE $ 969,859. 35 LESS AMOUNT PREVIOUSLY PAID $ 818,482 . 68 BALANCE DUE THIS ESTIMATE $ 151 ,376 .67 NOTICE TO PROCEED September 29, 2011 COMPLETION TIME 120 CALENDAR DAYS APPROVED TIME EXTENSIONS 109 CALENDAR DAYS TOTAL CONTRACT TIME 229 CALENDAR DAYS TWE EXPENDED TO DATE 215 CALENDAR DAYS TIME REMAINING 14 CALENDAR DAYS REQUESTED BY DATE: S � Z r sec("Manager, Pascal & Ludwig n Kaisef DATE .t . C_ ,P Joe Polimino, Project Engineer, YLWD APPROVED BY: DATE : Steve Conklin. Enguieering Manager, YLWD ITEM NO. 7.5 AGENDA REPORT Meeting Date: May 24, 2012 Budgeted: Yes Total Budget: $5.5 M To: Board of Directors Cost Estimate: $5.5 M Funding Source: Water Capital Reserves From: Ken Vecchiarelli, General Account No: 101-2700 Manager Job No: J-200814 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. 16 for the Highland Booster Pump Station Project SUMMARY: Construction is nearing completion on the Highland Booster Pump Station Project that includes a new building, three electric motor driven pumps, two natural gas engine driven pumps, various piping, a surge tank and a new access road. STAFF RECOMMENDATION: That the Board of Directors approve Progress Payment No. 16 in the net amount of $78,520.82 to Pacific Hydrotech Corporation for construction of the Highland Booster Pump Station Project, Job No. 200814. DISCUSSION: In accordance with the contract documents, Pacific Hydrotech Corporation submitted a request for Progress Payment No. 16, in the amount of $87,245.35 for completed work through April 30, 2012. During this period, the contractor continued work on the building finalizing roofing, electrical installations, door hardware and painting. They also continued work on electrical instrumentation and equipment including SCADA controls and communications. The contractor continued with perimeter site fence installation and also installed the front gates. The status of the construction contract with Pacific Hydrotech Corporation is as follows: • The current contract is $4,678,650.23 and 390 work days (includes Change Orders No. 1 , 2 and 3 which added 104 work days and $152,850.23) starting November 1 , 2010. • If approved, Progress Payment No. 16 is $87,245.35 (1 .9% of the total contract amount), less 10% retention of $8,724.53 for a net payment of $78,520.82. • If approved, total payments to date including retention will be $4,402,586.07 (94.1% of the total contract amount). • As of April 30, 2012, 375 work days were used (96.2% of the contract time). Staff reviewed the contractor's progress payment and recommend approval. A copy of Progress Payment No. 16 is attached for your reference. PRIOR RELEVANT BOARD ACTION(S): A construction contract in the amount of $4,525,800 was awarded to the low bidder, Pacific Hydrotech Corporation on August 12, 2010. The Board has approved fifteen progress payments to date for this project, the last of which was approved on April 26, 2012. ATTACHMENTS: Nam: Description: Type: PHC Progress Pay 16 for Highland PS.pdf Highland PS Progress Payment No. 16 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/24/2012 RC/RK 5-0 YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT Highland Booster Station Replacement PROGRESS PAY REQUEST NO. 016 LOCATION Yorba Linda, CA PROJECT NO. 200814 PAGE 1 OF 1 PAGES CONTRACTOR Pacific Hydrotech Corporation DATE 5/11 /2012 ORIGINAL CONTRACT AMOUNT: $ 415259800.00 AUTHORIZED CHANGE ORDERS: $ 152,850.23 REVISED CONTRACT AMOUNT: $ 49678,650.23 PROGRESS PAY ESTIMATE FOR PERIOD April 1 , 2012 TO Aril 30, 2012 PREVIOUS THIS MONTH TO DATE VALUE OF WORK COMPLETED $ 4, 186,075.00 $ 86, 825.00 $ 41272,900.00 CHANGE ORDER WORK COMPLETED $ 129,265. 72 $ 420. 35 $ 129,686. 07 TOTAL VALUE OF WORK COMPLETED $ 4, 315, 340.72 $ 87,245. 35 $ 424027586.07 LESS RETENTION 10% $ 440,258.61 LESS OTHER DEDUCTIONS Electronic Wire Fees $ NET EARNED TO DATE $ 31962,327.47 LESS AMOUNT PREVIOUSLY PAID $ 31883, 806.65 BALANCE DUE THIS ESTIMATE $ 78, 520.82 NOTICE TO PROCEED November 1 , 2010 COMPLETION TIME 286 WORK DAYS APPROVED TIME EXTENSIONS 104 WORK DAYS TOTAL CONTRACT TIME 390 WORK DAYS TIME EXPENDED TO DATE 375 WORK DAYS TIME REMAINING 15 WORK DAYS REQUESTED BY: �O ' v 0 "zf, DATE: 5/11 /2012 Ronald W iebe, P role ordinator, Paci fic Hydrotech C orporation 1 RECOMMENDED : .. DATE: Y / `T Joe Polimino, Project Engineer, YLWD APPROVED BY: DATE: Steve Conklin, Engineering Manager, YLW D ITEM NO. 7.6 AGENDA REPORT Meeting Date: May 24, 2012 Budgeted: Yes Total Budget: $6700 To: Board of Directors Cost Estimate: $4200 Funding Source: All Water Funds From: Ken Vecchiarelli, General Manager Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Derek Nguyen, Water Quality CEQA Compliance: N/A Engineer Subject: Draft 2012 Water Quality Report SUMMARY: Since 1990, California public water utilities have been required to provide annual water quality reports to their customers. This report is also known as the Consumer Confidence Report which covers water quality testing and analysis from January to December of the previous calendar year. State and Federal laws require that this annual water quality report be sent to every customer by July 1 to ensure that customers are informed of the quality of their drinking water. STAFF RECOMMENDATION: That the Board of Directors approve the 2012 Water Quality Report and authorize staff to print and distribute copies of this report to each of the District's water customers. COMMITTEE RECOMMENDATION: The Public-Affairs-Communications-Technology-Committee considered this item at its May 14, 2012 meeting and supports staff recommendation. DISCUSSION: State and Federal laws require that the District prepare an annual water quality report and distribute copies to its customers by July 1 of each year. This annual water quality report covers water quality monitoring, testing and analysis conducted from January to December of the previous calendar year. The purpose of this report is to inform consumers of the quality of the water they are receiving. In 2011 , the District conducted over 23,000 analyses to ensure that its water met all State and Federal drinking water regulations. In some cases, the District goes beyond what is required by State and Federal laws, by providing additional monitoring for contaminants of concern. Staff is pleased to report that the District has never violated any drinking water regulation from both the State and Federal standards. Attached is a draft copy of the District's 2012 Water Quality Report. PRIOR RELEVANT BOARD ACTION(S): In May 2011 , the Board of Directors approved and authorized distribution of the District's 2011 Water Quality Report to its customers. ATTACHMENTS: Name. Description: Type: YLWD 2012 Water Report.pdf Draft 2012 Water Quality Report Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/24/2012 RC/RK 5-0 (16Lb-9ZV-008-1)a1!91H"I'M 01!11110 Guoun pue]ouzsRI JazeM epuil ril all'A4uno3 aeuwo letwal pup walijou 40 ales all city algepena aue sluewweluoa Ieigwolw iaylo 0o wni,puodsoldi Aq 'sairli 9Uwiw pue u0431pood se?pue li,o [stun gleauaq sail pue eaoe el salmi aoenbs OSE Alaewixoidde s.ulseq Jaempuhoo9 1-191141,4011111 all u....l o;sueacu ae11d,,dd,no s,u!l,p!,2 mu u13 aseas!a 40lInsa all aq Jo guwml0 Allwmeu aq UP,fell slueu!weluou anulea!red � aql'IDIA!0 jG4PM Alur03 a2moo all Aq paeeupA uGz m pGzJodUm pue llelu! ml jdma)/Vd3sn all te4em Simi ii suafhMud auea yffeay join wool 1 Ieaol 1e' 8 euV emeS act wool III—qi!m paes!ualdou s!feet oal!nbe Iwmeu a!npe lass pinoys su0suad asaal '1s!J le Appinc9Jed aq uea stapu0s!p walsAS wG,,A,a9das pue uouealldde s!sham ono Jm4°mesh a,mos MIT'(oMA)enuoyleJ wayth0s 40 louls!0 ualeM Jaeto ytlm suosaad Jo'SOIV/AIH qgm panalu!suosaad'sfuelul'suosiad horifcauap'HounJ ualem woods uequn'suouels sea until awoa oslp U pup net!odopa Apapla law 'slueltlsupuT ueauo auoboapun anpy calm suosiad'Adwatpowayl huopenPood wnalaued puesess—cl leplsnpu!losfanpoud-Aq auetegtslea!waea ualeM A alt Aq tan!g ope'olo3 alt pie e!wol!Ie3 wayftory wolf patadw! 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R• ' f f r How are Contaminants Measured? ' d The DistrictsampIn,and tests itwatersources throughout the yea,Contaminants red n ' • are mlarts per on II'on(ppm)or milligrams per ter(mg/I) £ y (Sc • Parts per bllon(ppb)or micrograms per liter(pg/I) • Parts per trllon(ppt)or nonograms per liter(ng/I) Parts per million: Parts per billion: Parts per trillion: i' �, I.9 r;,✓! 1 second In 12 days 1 second in 32 years 10 drops in a Rose Bowl sized pool )penny in$10,000 1penny in 51Omillion lsecontl in 32,000 years 1 nh n 16 m Ies 1 inch n 160 critics n 16 million m yes � What is a Water Qua Ty I Goal? �=� _ �• In addition to mandatory water quality standards,U.S EPA and CDPH have set voluntary water quality goals for same contain nants Water quality goals are s`. often set at such low levels that they are not achievable n prachre and are not 7 x d rectly measurable Nevertheless,these goals provide useful guidance and - drecti.irt water managementpractices,The chart in this report includes three ' f types of water gnobly 011141 • Maximum Contaminant Level Goal(MCLG)The level of a contaminant in drinking water below which there is no known or expected risk to health. MCLG,are set by U.S.EPA. • Maximum Residual Disinfectant Level Goal (MRDLG): The level of a G d s nfectant added for water treatment below which there is no known or 'q'� expected r'sktohealth,MRDLGSaresetby US EPA • Public Health Goals(PHG)The level of a contaminant n tricking water p )f below wh ch there s no known or expected risk to health PHGS are set by 111! the California Environmental Protection Agency Office of Environmental '^y'"'u,Ej. •!'�_t• t Health Hazard Assessment. Imported Water Assessment In December 2002,Metmpol'tan Water District of Southern Cal fern o(MWD) tinplated a source water assessment of its Colorado River and State Water r Pmjectsupples Colorado Rversupplesare consderedt0bemostvulnerableto contamination by recreational uses,urban/storm water runoff,industrial runoff, sing urbanization in the watershed and wastewater c0mamination. State Water Project supplies are considered to be most vulnerable to urban/storm water runoff,and wildlife,mgr culture,recreation and wastewater contain nation FI A copy of the assessment can be obtained by contacting MWD by phone at d ,;):t, r 213.217 6850 Groundwater Assessment The District completed an asses ment of is Wells No 1, �/ e 5,],lo,and 12 n January 19996 The wells are consdered most vulnerable tt comacur.ma produced by the follow rig aehv ties gas station dry metal plating/fin sh i ng/ 1 „ rrrI fabr caring plants,pl n/y th n producers,underground l�F UUP,1 n of commerc el/-ndustr al discharge,;undergmund storage tanks,agricultural dra rage,fertil'zatiln,pestic de and herbicide ap pl canon,automobile body and repair shops,and 'hem cal/petroleum pmcess ng/storage. Vulnerability assessments of potential sources of contamination for Wells 11 and 15 were completed in April 2003. These groundwater sources are considered most vulnerable to the following activities not associated with detected contaminants: chemical/petroleum processing/storage; metal plating/finishing/fabricating;and plastics/synthetics production. A vulnerability assessment of potential sources of contamination for Well 19 and Well 18 were completed in May 2004 and September 2005,respectively. The groundwater sources are considered most vulnerable to the following activities not associated with detected contaminants: gas stations; dry cleaners; metal plating/finishing/fabricating plants; plastic/synthetic producers; underground injection of commercial/industrial discharges; underground storage tanks;agricultural drainage;fertilization,pesticide and herbicide application;automobile-body and repair shops;sewer collection systems;food processing,and chemical/petroleum processing/storage. A copy of the complete assessment is available at Department Public of Health District Office at 605 West Santa Ana Blvd.,Building 28,Room 325, Santa Ana,CA 92701. Measurements In order to ensure that tap water is safe to drink, EPA and CDPH prescribe regulations that limit the amount of certain contaminants in water provided by public water systems. The tables below list all the drinking water contaminants that the District detected during the 2010 calendar year. The presence of these contaminants in the water does not necessarily indicate that the water poses a health risk. Unless otherwise noted,the data presented in this table is from testing done for the period January 1 through December 31, 2010. The CDPH requires monitoring for certain contaminants less often than every year because the concentrations of these contaminants are not expected to vary significantly from year to year. Thus, some of the data,though representative of current water quality,is more than one year old. The District contracts with state certified,independent laboratories to perform most of the District's water quality testing. 2011 YORBA LINDA WATER DISTRICT Groundwater Quality RADIOLOGICALS Gross Alpha(pCi/L) 15 0 8.3 5.95-13.0 2011 No Erosion of n Uranium(pCi/L) 20 0.43 7.88 6.07-9.19 2011 No Erosion of natural deposits Total Radon 222(pCi/L) NS n/a ND ND-449.0 2011 No "see note related to radon" Total Radium 228(pCi/L) 5 0.019 1 0.1 ND-2.31 2011 No Erosion of natural deposits ORGANIC CHEMICALS Bromoform NS n/a 0.02 ND-1.20 2011 No Chlorination of water Chloroform NS n/a 0.112 ND-8.40 2011 No Chlorination of water INORGANIC CHEMICALS Residual from water treatment process;natural deposits erosion Arsenic(ppb) 10 0.004 2.3 ND-2.8 No Arsenic(ppb) 10 0.004 2.87 ND-3.90 2011 No Erosion of natural deposits Barium 1000 2000 14.43 ND-101.00 2011 No Erosion of natural deposits Fluoride(ppm) 2 1 0.48 0.43-0.52 2011 No Erosion of natural deposits Perchlorate(ppb) 6 6 2.5 ND-3.64 2011 No Rocket fuel and military applications Nitrate as NO,(ppm) 45 45 10.72 8.10-15.10 2011 No Fertilizers,Septic Tanks Nitrate+Nitrite as N(ppm) 10 10 2.42 1.84-3.41 2011 No Fertilizers,Septic Tanks SECONDARYSTANDARDS Color(units) 15 n/a 0.89 ND-5.0 2011 No Natural Organic Materials Chloride(ppm) 500* n/a 1 13.86 110.0-118.0 2011 No Erosion of natural deposits Manganese(ppb) 50 n/a 13.5 ND-104.0 2011 No Erosion of natural deposits Specific Conductance(µmho/em) 1600* n/a 1041.43 1010.0-1140.0 2011 No Erosion of natural deposits Sulfate(ppm) 500* n/a 147.43 141.0-1140.0 2011 No Erosion of natural deposits Total Dissolved Solids(ppm) 1000* n/a 636.57 600.0-726.0 2011 No Erosion of natural deposits Turbidity(ntu) 5* n/a 0.3 ND-1.3 2011 No Erosion of natural deposits Odor(TON) 3* n/a ND ND-1.3 2011 No Natural Organic Materials Zinc(ppm) 5* n/a ND ND-161.0 2011 No Erosion of natural deposits UNREGULATED CONTAMINANTS REQUIRING MONITORING Alkalinity,total(ppm as CaCO3) n/r n/a 219.14 209.0-243.0 2011 No Erosion of natural deposits Bicarbonate(as HCO3)(ppm) n/r n/a 267 255.0-296.0 2011 No Erosion of natural deposits Boron(ppb) NL=1000 n/a 0.26 0.24-0.28 2011 No Erosion of natural deposits Calcium(ppm) n/r n/a 98.73 91.90-117.0 2011 No Erosion of natural deposits Hardness,total(grains/gal) n/r n/a 19.0 17.8-21.5 2011 No Erosion of natural deposits Chromium 6(ppb) n/r 0.02 0.1 0.2-1.0 2011 No Industrial discharge,natural deposits Hardness,total(ppm as CaCO) n/a n/a 331.43 331.0-395.0 2011 No Erosion of natural deposits Total Organic Carbon(ppm) n/r n/a 0.93 0.76-1.06 2011 No Natural Organic Materials Magnesium(ppm) n/r n/a 20.64 18.4-24.90 2011 No Erosion of natural deposits pH(pH units) n/r n/a 7.76 7.60-7.90 2011 No Erosion of natural deposits Bromide(ppm) n/r n/a 0.16 0.14-0.20 2011 No Erosion of natural deposits Potassium(ppm) n/r n/a 4.76 3.9-5.20 2011 No Erosion of natural deposits Sodium(ppm) n/r n/a 88.6 81.0-100.0 2011 No Erosion of natural deposits Vanadium(ppb) 50 n/a 3.8 3.10-4.40 2011 No Erosion of natural deposits m;pCi/L-picocuries per liter;ntu-nephelometric turbidity units;NS-no standard;ND=not detected;n1a=not ss than detection limit for reporting purposes;MCL-Maximum Contaminant Level;MCLG-federal MCL Goal;PHG- rld Odor Number;*Contaminant is regulated by a secondary standard to maintain aesthetic qualities(taste,odor,color). IDA WATER DISTRICT Distribution System Water Quality MCL (MRDL/MRDLG) Average Amount Range of Detections MCL Violations? Typical Source of Contaminant (4/4) 1.59 0.45-2.80 No Disinfectant Added for Treatment 60 18.4 4.1-45.2 No By products of Chlorine Disinfection 80 41.9 15.1-65.7 No By products of Chlorine Disinfection No 15* ND ND-5.0 No Erosion of natural deposits 5* 0.11 0.10-0.22 No Erosion of natural deposits 3* ND ND-1 No Erosion of natural deposits By-product of drinking water chlorination 5% ND ND No Naturally present in environment d quarterly for total Trihalomethanes and Haloacetic acids;37 locations are tested monthly for color,odor and turbidity.MRDL not detected;MRDLG=Maximum Residual Disinfectant Level Goal;our=nephelometric turbidity units;*Contaminant is aesthetic qualities(taste,odor,color). Lead and Copper Action Levels at Residential Taps NOTE: Every three years,at least 37 residences are tested for lead and copper at-the-Pap.The next samplingperiod will be conducted in September 2012 and will be reported in July 2013.Lead was detected in 2 samples;none exceeded the Action Level.Copper was detected in 37 samples;none exceeded the Action Level.The regulatory action level is the concentration at which,if exceeded in more than ten percent of homes tested,triggers treatment or other requirements that a water system must follow The Yorba Linda Water District complied with the lead and copper action levels 2011 METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Treated Surface Water RADIOLOGICAL Alpha Radiation(pCi/L) 15 (0) 3.0 ND-3.0 No Erosion of natural deposits Beta Radiation(pCi/L) 50 (0) ND ND-4.0 No Decay of natural and man-made deposits Uranium(pCi/L) 20 0.43 2.0 ND-2:0 No Erosion of natural deposits DISINFECTION-BY-PRODUCTS Total Trihalomethanes(ppb) 80 n/a 48 37-58 No By-product of drinking water chlorination Haloacetic Acids(ppb) 60 n/a 20 15-25 No By-product of drinking water chlorination Total Chlorine Residual(ppm) 4 4 2.3 1.2-2.9 No Drinking water disinfectant added for treatment INORGANIC CI I1AIICALS Aluminum(ppb) 200 600 140 ND-240 No Residual from water treatment process;natural deposits erosion Arsenic(ppb) 10 0.004 2.3 ND-2.8 No Erosion of natural deposits,glass and electronic wastes Barium(ppb) 1000 2000 110 ND-120 No Erosion of natural deposits,oil and metal refineries discharge Fluoride(ppm) 2 1 0.8 0.5-1.0 No Water additive for dental benefits Perchlorate(ppb) 6 6 ND ND No Industrial waste discharge Nitrate as Nitrogen(ppm) 10 10 ND ND-0.4 No Fertilizers,septic tank or natural deposits SECONDARYSTANDARDS Aluminum(ppb) 1000 600 140 ND-240 No Residue from water treatment process,natural deposits Chloride(ppm) 500 n/a 72 70-75 No Natural deposits,seawater influence Color(units) 15 n/a 1 ND-1 No Naturally-occurring organic materials Odor Threshold(TON) 3 n/a 2 ND-2 No Naturally-occurring organic materials Specific Conductance(pS/cm) 1600 n/a 970 320-960 No Substances form ions in water,seawater influence Sulfate(ppm) 500 n/a 160 150-170 No Natural deposits,industrial wastes Total Dissolved Solids(ppm) 1000 n/a 470 440-490 No Natural deposits,seawater influence Turbidity(NTU) 5 n/a 0.05 0.03-0.25 No Soil runoff UNREGULATED CHEMICALS Alkalinity(ppm) n/a n/a 90 48-120 No Natural deposits Boron(ppb) NL=1000 n/a 130 130 No Natural deposits,industrial wastes Calcium(ppm) n/a n/a 51 47-55 No Natural deposits Chlorate(ppb) NL=800 n/a 48 26-110 No By-product of drinking water chlorination,industrial processes Chromium VI(ppb) n/a n/a 0.10 0.10 No Industrial waste discharge,natural deposits Corrosivity(AI) n/a n/a 12.1 12.1 No Elemental balance in water,affected by temperature,other factors Hardness(ppm) n/a n/a 190 57-270 No Municipal and industrial waste discharges Magnesium(ppm) n/a n/a 20 19-21 No Natural deposits PH(pH Units) n/a n/a 8.0 7.0-9.6 No Hydrogen Ion Concentration Potassium(ppm) n/a n/a 3.8 3.6-4.0 No Natural deposits Sodium(ppm) n/a n/a 72 67-77 No Natural deposits Total Organic Carbon(ppm) n/a n/a 2.4 1.7-3.0 No Man-made and natural deposits Vanadium(ppb) NL=50 n/a ND ND No Naturally-occurring,industrial discharge Nitrosodimethylamine NL=0.01 0.003 0.004 ND-0.01 No By-product of drinking water chloramination ABBREVIATIONS: A1=aggressive index;AL=action level;MCL=maximum contaminant level;MCLG=maximum contaminant level goal;n/a=not applicable;ND=not detected,NL= notification level;NTU=nephelometric turbidity units;NL=Notification Level;pCi1L=picocuries per liter;PHG=Public Health Goal;ppb=parts per billion or micrograms per liter(pg1L);ppm=parts per million or milligrams per liter(mg/L);ppt=parts per trillion or nanograms per liter(ng/L);µS/cm=microSiemen per centimeter or micromho per centimeter(µmho/em) ITEM NO. 8.1 AGENDA REPORT Meeting Date: May 24, 2012 Budgeted: Yes Total Budget: $1 ,500,000 To: Board of Directors Cost Estimate: No Cost Funding Source: Water Capital Reserves From: Ken Vecchiarelli, General Account No: 101-2700 Manager Job No: 2007-11 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Steve Conklin, Engineering CEQA Compliance: Exempt Manager Subject: Change Order No. 3 for Well 20 Wellhead Equipping Project SUMMARY: A change order is requested for a no-cost time extension for the construction project. STAFF RECOMMENDATION: That the Board of Directors approve Change Order No. 3 for a no-cost 16 calendar-day time extension for Pascal & Ludwig Constructors for the Well 20 Wellhead Equipping Project, Job No. 2007-11 . DISCUSSION: This item was brought to the attention of District staff on May 2, 2012, too late for consideration by the PEO Committee on May 3. The PEO Committee Directors were made aware of this item on May 10 and acknowledged that it would be brought to the Board on May 24 due to time constraints, because the existing construction contract expired on May 14. On May 2, the District was informed by the construction contractor, Pascal & Ludwig (P&L) Constructors, that the District had not paid the City of Anaheim the fees required to provide, install and power-up the new transformer for the project. On May 3, District staff had a conference call and follow-up e-mails with City staff on the matter. The City acknowledged that they would not delay energizing the site (waiting for the check from the District), but that it would not be until May 22 that the City crew could do the work. In follow-up discussions with P&L staff, they indicated that they have been coordinating with City staff throughout the project, and understood that power could be provided one week after a formal request. City staff quoted that they could not guarantee a one-week service date, but on May 10, they were able to make adjustments that allowed transformer installation on May 14. P&L staff has indicated in writing that it will take two weeks after the site received permanent power in order to complete final work, including pre-startup checkout, startup and final commissioning. A new completion date of May 30, 2012 is requested. STRATEGIC PLAN: SR 3-A: Complete Implementation of Five Year Capital Improvement Plan from FY 2011-2015 with adopted amendments ATTACHMENTS: vary a: Description: Type: W-20 Const CO#3.pdf W-20 CO#3 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/24/2012 MB/RC 5-0 I YORBA LINDA WATER DISTRICT CHANGE ORDER NO. 3 DATE 511412012 Page 1 of 1 CONTRACT NAME: Well No. 20 WeY Head Equipping Protect CONTRACTAMT.', $1,144,603.00 DAYS: 229 CONTRACTOR Pascal and Ludwig Constructors THIS CHANGE'. 50.00 DAYS. 16 (0.0%) OWNER. Yorba Linda Water District REVISED CONTRACT AMT 51,194,603.00 DAYS' 245 This Charge Order covers Changes to the subject reaped as described herein. The Contractor gaup construct, famish equipment snot materials, and pension ail work as necessary or requirM to complete the Charge Order items for a lump sum prim agreed upon between Me Conbador and Yorba Lynda Water District Mhercnse referred to as Ownor DESCRIPTION OF CHANGES +INCREASE CONTRACT TIME OR +E%TENSION DECREASE IN IOR - CONTRACT REDUCTION AMOUNT (DAYS) (s) Additional time delay for the installation of the new transformer by the City of Anaheim, followed b start-up and testing necessary to lace the new well into service. $0.00 16 NETCHANGE $0.00 16 REVISED CONTRACT AMOUNT AND TIME $1,1",603.00 245 The amount of the cmtracl wal he increased by the sons of $0.00 and IM contract time shall be increased <de,,neased> by 16 calendar days. The undersigned Conifador approves the foregakg Change Order as ad the droners, it any, in the marad pace sweated for each item including any and all suheMsion costs and other miscellaneous costs relating to the charge in work, and as to the extension of time allowed if any. for completion of the entire weik on aC[mT: at said Change Order The Contractor agrees to furnish ail tabor and materials and perform so other necessary work. pJasive of that directly or ndirediy related to the approved time extension required to complete the Change Order dens. This docv nathe will became a supplement of the malrad and all provisions w91 apply herelo. It is understood that the Charge Order shall be demand when approved by the Ovmer This Charge Order candidates fait. final, and complete compensation to the Contractor for all costs, expenses. overhead. profit and any damages of every kind that the Conifador may incur in connection with the above referenced changes in Ire work, mduding any impact on the fefercnced work of any other vmrk under the confused, any changes in the sequences of any work. any delay to any work, any disruption of any work, any rescheduling of any vufk, and any other effect on any of the work under INS contract. By are execution of the Change Order, the Contractor accepts the contract price change and the mntrad completion date change, if any, and expressly waives any claims fa any additional compensation, damages or time extensions, in connection with the above referenced charges RECOMMENDED: IENGINEER OR DATE: � � �Z CDN$DI TANT Joe info. Project Engineer, YLWD ACCEPTED: DATE: C`_ (CONTRACTOR Bryan Kaiser. Project Manager Pascal 7" Ludwig Constructors APPROVED: DATE: (OWNER Kenneth R. Vocchiamili General Manager, YLWD ITEM NO. 8.2 AGENDA REPORT Meeting Date: May 24, 2012 Budgeted: Yes Total Budget: $13,000 To: Board of Directors Cost Estimate: $13,000 From: Ken Vecchiarelli, General Manager Presented By: Lee Cory, Operations Manager Dept: Operations Reviewed by Legal: Yes Prepared By: Harold Hulbert, Operations Assistant Subject: Renewal of Supplier Contract with Aramark SUMMARY: The District currently has a Supplier Contract agreement with Aramark, to supply Uniforms, floor mats & hand towels to the District. The agreement has an option for renewal if both parties agree to the conditions of the renewal. Aramark, who has been performing their contract duties beginning in July 2009, has submitted a request to renew the agreement with no price increase for the 2012/2013 fiscal year. STAFF RECOMMENDATION: That the Board of Directors authorize the General Manager to enter into the renewal option agreement as part of the District's supplier contract with Aramark. The new term of the contract will be 12 months with service starting on July 1 , 2012 and ending on June 30, 2013, with a total estimated contract cost of $13,000. DISCUSSION: The District's new Maintenance and Supplier agreements include options for renewing the contract without the District having to seek new proposals. Each contract agreement can be renewed up to 3 times extending the total contract to four (4) years. The renewal option request, made by the vendor, can be based on either a no cost offer or with a price increase that is tied to the Orange County Consumer Price Index. The District's current contract with Aramark ends on June 30, 2012. Aramark has sent an email to the district stating they wish to renew the contract for another year with no price increase. Aramark has been providing Uniforms, floor mats and cloth towels to the District since July 27, 2009. As of May 14, 2012 the District has paid $12,832.04 to Aramark for its services for the current fiscal year. This price includes 6 months rental on uniform lockers and the purchase of those lockers. As we are no longer renting, this cost is not factored into next years cost estimate. Staff estimates Uniform cost to end the fiscal year around $14,320.76 based on year to date cost. Since the start of the contract in July of 2009 the district has paid $35,543.17 to Aramark. With the renewal staff estimates the total contract ending June 30, 2013 would amount to $50,000.00, if district exercise the last year of this contract. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors approved the contract renewal for the current fiscal year 2011/2012 on June 09, 2011. Approved by the Board of Directors of the Yorba Linda Water District 5/24/2012 RK/GM 5-0 ITEM NO. 8.3 AGENDA REPORT Meeting Date: May 24, 2012 Budgeted: Yes Total Budget: $30,000.00 To: Board of Directors Cost Estimate: $15,000.00 Funding Source: Water Operating Fund From: Ken Vecchiarelli, General Account No: 1-5020-0710-05 Manager Presented By: Lee Cory, Operations Manager Dept: Operations Reviewed by Legal: Yes Prepared By: Harold Hulbert, Operations CEQA Compliance: N/A Assistant Subject: Renewal of Supplier Contract with PTI Sand & Gravel, Inc. SUMMARY: The District currently has two Supplier Agreements to provide Road Material (Fill Sand, Road Base and Cold Asphalt) to the District. One of these agreements is with PTI Sand & Gravel, Inc. who has been performing their contract duties since July 2009. STAFF RECOMMENDATION: That the Board of Directors authorize the General Manager to enter into the renewal option agreement as part of the District's supplier contract with PTI Sand & Gravel, Inc. The new term of the contract will be 12 months with service starting on July 1 , 2012 and ending on June 30, 2013, with a total estimated contract cost of $15,000. DISCUSSION: The District's Supplier agreements include options for renewing the contract without the District having to seek new proposals. Each contract agreement can be renewed up to 3 times extending the total contract to four (4) years. The District's current contract with PTI ends on June 30, 2012. The Agreement provides for negotiation of a price increase not to exceed the Orange County Area Consumer Price Index (CPI) for the year in which the Agreement is up for extension. The contractor has requested a price increase exceeding the CPI. If the Board approves the proposed price, staff will work with legal counsel to document the new price in and addendum to the original Agreement. PTI has informed staff that they are not requesting a price increase for this last year of the contract. This is the current price the district pays and will be the price for FY 2012/2013. Product Description QuantityUnits Material Freight Cost Sales TaxTotal Price Cost Fill Sand 1 .0 Ton $3.86 $6.00 $0.34 $10.20 Class II Road Base 1 .0 Ton $5.60 $5.75 $0.49 $11 .84 Cold Mix Asphalt 1 .0 Ton $75.54 $0.0 $6.61 $82.15 Cold Mix - Short Load Fee $168.75 $168.75 PTI has been providing road material to the District since July 01 , 2009. As of May 14, 2012 the District has paid $14,358.09 to PTI for its services for the current fiscal year. Staff estimates road material cost to end the fiscal year around $31 ,000.00 based on year to date cost. PRIOR RELEVANT BOARD ACTION(S): On June 9, 2011 the Board of Directors approved the contract renewal option for FY 2011/2012. Approved by the Board of Directors of the Yorba Linda Water District 5/24/2012 RC/RK 5-0 ITEM NO. 8.4 AGENDA REPORT Meeting Date: May 24, 2012 Budgeted: Yes Total Budget: $30,000.00 To: Board of Directors Cost Estimate: $15,000.00 Funding Source: Water Operating Fund From: Ken Vecchiarelli, General Account No: 1-5020-0710-05 Manager Presented By: Lee Cory, Operations Manager Dept: Operations Reviewed by Legal: Yes Prepared By: Harold Hulbert, Operations Assistant Subject: Renewal of Supplier Contract with Dean Criske Trucking SUMMARY: The District currently has two Supplier Agreements to provide Road Material (Fill Sand, Road Base and Cold Asphalt) to the District. One of these agreements is with Dean Criske Trucking who has been performing their contract duties beginning in July 2009. STAFF RECOMMENDATION: That the Board of Directors authorize the General Manager to enter into the renewal option agreement as part of the District's supplier contract with Dean Criske Trucking. The new term of the contract will be 12 months with service starting on July 1 , 2012 and ending on June 30, 2013, with a total estimated contract cost of $15,000. DISCUSSION: The District's Supplier agreements include options for renewing the contract without the District having to seek new proposals. Each contract agreement can be renewed up to 3 times extending the total contract to four (4) years. The District's current contract with Dean Criske Trucking ends on June 30, 2012. The Agreement provides for negotiation of a price increase not to exceed the Orange County Area Consumer Price Index (CPI) for the year in which the Agreement is up for extension. The contractor has requested a price increase exceeding the CPI. If the Board approves the proposed price, staff will work with legal counsel to document the new price in and addendum to the original Agreement. The current CPI from July 1 , 2011 to May 1 , 2012 averages out at 2.5%. Dean Criske is requesting the following changes in pricing to its agreement as part of the renewal. These price increase are within the limits of the CPI increase as allowed by the contract. Product Description QuantityUnitsMaterial Cost Freight Sales TaxTotal Price Cost Fill Sand 1 .0 Ton $5.13 $4.68 $0.40 $10.21 Class II Road Base 1 .0 Ton $7.18 $4.50 $0.56 $12.24 Cold Mix Asphalt 1 .0 Ton $72.03 $0.00 $5.58 $77.61 Cold Mix - Short Load Fee $128.00 $128.00 Dean Criske has been providing road material to the District since July 01 , 2009. As of May 16, 2012 the District has paid $12,280.03 to Dean Criske for its services for the current fiscal year. Staff estimates road material cost to end the fiscal year around $31 ,000.00 based on year to date cost. PRIOR RELEVANT BOARD ACTION(S): On June 9, 2011 the Board of Directors approved the renewal option of the supplier contract for another year. Approved by the Board of Directors of the Yorba Linda Water District 5/24/2012 RK/GM 5-0 ITEM NO. 8.5 AGENDA REPORT Meeting Date: May 24, 2012 Budgeted: Yes Total Budget: $163,650.00 To: Board of Directors Cost Estimate: $161 ,800.00 Funding Source: All Funds From: Ken Vecchiarelli, General Account No: Various Manager Presented By: Lee Cory, Operations Manager Dept: Operations Reviewed by Legal: Yes Prepared By: Harold Hulbert, Operations CEQA Compliance: N/A Assistant Subject: Renewal of Supplier Contract with Nickey Petroleum, Inc. SUMMARY: The District currently has a Supplier Contract agreement with Nickey Petroleum Inc (Nickey), to supply gasoline to the District. The agreement has an option for renewal. Nickey has been performing the contract duties beginning in July 2009. STAFF RECOMMENDATION: That the Board of Directors authorize the General Manager to enter into the renewal option agreement as part of the District's supplier contract with Nickey Petroleum, Inc. The new term of the contract will be 12 months with service starting on July 1 , 2012 and ending on June 30, 2013, with a total estimated contract cost of $161 ,800.00. DISCUSSION: The Districts maintenance and supplier agreements have in place options for renewing the contract without the District having to seek new proposals. Each agreement can be renewed up to 3 times extending the total contract to four (4) years. The renewal option allows for the District to extend the contract with either no price increase or with a price increase that is tied to the Orange County Consumer Price Index. The Districts current contract with Nickey ends on June 30, 2012. The District has had an annual supplier contract each year since 2007 with Nickey. Their main fuel station is located at 925 Lakeview Ave, two blocks from the Richfield Plant. The fueling site is larger than most service stations and Nickey provides detailed cost and fuel usage reports to the District with each invoice. This better allows the District to track it fuel usage by vehicle. Nickey makes fuel purchases on the spot market, tracking fuel prices daily to gain a competitive price advantage for its customers. The price the district pays is the fifteen day running average of purchases by Nickey plus $0.12 per gallon. As of April 30, 2012 the District has paid $126,074.75 in fuel cost for the current fiscal year. Staff estimates fuel cost to end the fiscal year around $151 ,000.00 based on year to date average fuel usage. PRIOR RELEVANT BOARD ACTION(S): On June 9, 2012 the Board of Director approved the renewal of this contract for FY 2011/2012. Approved by the Board of Directors of the Yorba Linda Water District 5/24/2012 RC/RK 5-0 ITEM NO. 8.6 AGENDA REPORT Meeting Date: May 24, 2012 Budgeted: Yes Total Budget: $75,000.00 To: Board of Directors Cost Estimate: Variable Funding Source: Water Operating Fund From: Ken Vecchiarelli, General Account No: 1-5060-0600-35 Manager Presented By: Lee Cory, Operations Manager Dept: Operations Reviewed by Legal: Yes Prepared By: Harold Hulbert, Operations CEQA Compliance: N/A Assistant Subject: Renewal of Janitorial Service Contract with Merchants Building Maintenance SUMMARY: The District currently has a contract agreement with Merchants Building Maintenance (MBM), for agreed to specific janitorial services within District owned properties at the Mira Loma and Richfield sites. MBM, who have been performing the contract duties beginning in August 2009, has submitted a request to renew the agreement with no price increase for the 2012/2013 fiscal year. STAFF RECOMMENDATION: That the Board of Directors authorize the General Manager to enter into the renewal option agreement as part of the District's janitorial service contract with Merchants Buildings Maintenance. The new term of the contract will be 12 months with service starting on July 1 , 2012 and ending on June 30, 2013, with a total estimated contract cost of $65,440.78 or $70,501 .17 depending on the District's work schedule. DISCUSSION: The Districts maintenance and supplier agreements have in place options for renewing the contract without the District having to seek new proposals. Each agreement can be renewed up to 3 times extending the total contract to four (4) years. The renewal option allows for the District to extend the contract with either no price increase or with a price increase that is tied to the Orange County Consumer Price Index. The Districts current contract with MBM ends on June 30, 2012. MBM has provided a letter stating they wish to renew the contract for another year with no price increase. With the change to a 4 day work week and evaluation of our current contract not showing holiday exclusions staff requested an adjustment with MBM for the next contract year. The current contract price is $5,993.13 per month, with the district having paid by the end of this third term of the contract $199,904.46. While MBM is not increasing their price the monthly cost will be adjusted based on two factors: Factor 1 : District remains on a 4 Day work schedule. In this case the new contract price will cover cleaning as per the revised scope of work Monday thru Thursday, excluding any holidays. Factor 2: District reverts back to a 5 day work schedule. In this case the new contract price will cover cleaning as per the current scope of work Monday thru Friday, excluding any holidays. Cost Performed Existing Amount 2011/2012 $5,993.13 Monthly Annual Cost $71 ,917.56 TOTAL NEW CONTRACT PRICE 4 Day Week - Excluding Holidays Cost Performed July $5,711 .93 Monthly August $5,356.34 Monthly September $5,251 .80 Monthly October $5,711 .93 Monthly November $5,488.86 Monthly December $5,265.79 Monthly January $5,711 .93 Monthly February $5,251 .80 Monthly March $5,251 .80 Monthly April $5,593.40 Monthly May $5,593.40 Monthly June $5,251 .80 Monthly Annual Total $65,440.78 5 Day Week - Excluding Holidays Cost Performed July $5,871 .60 Monthly August $5,990.13 Monthly September $5,871 .60 Monthly October $5,990.13 Monthly November $5,648.53 Monthly December $5,648.53 Monthly January $5,767.06 Monthly February $5,871 .60 Monthly March $5,990.13 Monthly April $5,990.13 Monthly May $5,871 .60 Monthly June $5,990.13 Monthly Annual Total $70,501 .17 TOTAL ESTIMATED FISCAL SAVINGS 2012/2013 (4 Day $6,476.78 Schedule) 2012/2013 (5 Day $1,416.39 Schedule) Staying on the 4 day work week will have the District saving $6,476.78 for the next year of the contract from what we have currently been paying in annual costs. Switching back to the 5 day schedule will net the District a small reduction in annual cost of $1 ,4163.39 due to the removal of holidays from the work schedule. PRIOR RELEVANT BOARD ACTION(S): On June 9, 2011 the Board of Directors approved the contract renewal option for Merchants Building Maintenance for another year. Approved by the Board of Directors of the Yorba Linda Water District 5/24/2012 RC/RK 5-0 ITEM NO. 8.7 AGENDA REPORT Meeting Date: May 24, 2012 To: Board of Directors From: Ken Vecchiarelli, General Manager Presented By: Gina Knight, HR/Risk Manager Dept: Human Resources/Risk Management Prepared By: Gina Knight, HR/Risk Manager Subject: Claim filed by Thomas Barker SUMMARY: Thomas Barker, requests reimbursement for a water heater he claims was damaged after water was shut off by District staff for approximately one hour in his neighborhood. STAFF RECOMMENDATION: That the Board of Directors reject the claim submitted by Thomas Barker. COMMITTEE RECOMMENDATION: The Personnel-Risk Management Committee discussed this item at their May 8, 2012 meeting and recommends that the Board of Directors reject the claim. DISCUSSION: Mr. Thomas Barker presented a claim to the District on April 11 , 2012. Mr. Barker claims his water heater began to leak after District staff shut off water in his neighborhood on April 9, 2012. Pursuant to the District's Water Rules and Regulations Section 4.5 Shutting Off Water For Repairs: The District reserves the right to shut off water in their mains for the purpose of making repair or for any other purposes found necessary. The District shall not be responsible for any damages which may occur due to water shut-offs. The owner and/or consumer shall be conclusively presumed to have taken all necessary precautions in compliance with the building code in anticipation of emergency shut-offs. Where a planned shut-off is made every effort shall be made by the District to notify the consumers. Staff confirmed the water was shut off to repair a valve to the main line. In addition, staff contacted Cece Wuchter, ACWA-JPIA Sr. Claims Representative to discuss the claim. Mrs. Wuchter concurred and supported staff's recommendation to reject the claim. ATTACHMENTS: Description: Type: THOMAS BARKER 4-2012.pdf Thomas Barker Claim Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/24/2012 RC/MB 5-0 To reject the claim submitted by Thomas Barker and refer it to ACWA/JPIA. PLEASE CONTACT YLWD RECORDS DIVISION FOR THIS ATTACHMENT (714) 701-3101 records@ylwd.com ., ITEM NO. 8.8 AGENDA REPORT Meeting Date: May 24, 2012 To: Board of Directors From: Ken Vecchiarelli, General Manager Presented By: Gina Knight, HR/Risk Manager Dept: Human Resources/Risk Management Reviewed by Legal: Yes Prepared By: Amelia Cloonan, Personnel Technician Subject: Claim Filed by Mamco SUMMARY: On March 27, 2012, Mamco, Inc., through its attorney, Azzam Saad, P.E. Esq., presented a claim to the District in the amount of $423,239.84. STAFF RECOMMENDATION: That the Board of Directors reject the claim submitted by Mamco, Inc. and refer it to ACWA/JPIA. COMMITTEE RECOMMENDATION: The Personnel-Risk Management Committee reviewed this item at its meeting held May 8, 2012 and supports staff's recommendation. DISCUSSION: The Yorba Linda Water District and Mamco, Inc. entered into a contract on May 16, 2011 for the construction of the Ohio Street and Oriente Drive Pipeline Replacement Project. Mamco, Inc. is claiming that after award of the contract, the District imposed many restrictions on the contractor that were not in the original specifications. Mamco claims those restrictions interfered with the contractor's ability to complete the job and increased the costs to the contractor. Mamco claims it is entitled to be compensated by the District for the additional costs incurred to complete the project. They are claiming $423,239.84 in damages. Mamco's original bid price was $1 ,389,089.00. They were issued a notice to proceed by the District on May 23, 2011 after they participated in the competitive bidding process. Prior to the start of construction, Mamco submitted Change Order Request No. 1 on July 20, 2011 , requesting additional time and compensation. The request was reviewed by the District and rejected in its entirety. In the correspondence accompanying the denial, the District stated its position that the means and methods used by Mamco to construct the project were their own determination and that they would not be due any compensation or time for their choices. Legal counsel notes that under the terms of the contract, Mamco, Inc.'s first step was to follow the Public Contract Code Section 20104 procedures. Mamco did this, and the Board of Directors rejected their claim at its meeting held February 23, 2012- Mamco should then have requested an informal meet and confer within 15 days. If after the informal meet and confer, the District still rejected the claim, Mamco had the right under the contract to file the Government Claim under Section 900 et seq. Mamco did not ask for the informal meet and confer and technically violated the contract documents. PRIOR RELEVANT BOARD ACTION(S): At its meeting held February 23, 2012, the Board of Directors rejected Mamco, Inc.'s original claim, which had been presented to the District on January 24, 2012. ATTACHMENTS: Name: Description: Type: fu'itsufi6000220120502172107 Mamco.pdf Claim on behalf of Mamco, Inc. Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/24/2012 RK/GM 5-0 RECEIVED Azzam Sand MAR 2 7 2012 Attorney at Law YORSALINDAWATERDISTRICT 8810 Hummingbird Ave. Fountain Valley, CA 92708 714-593-0073 azzamsaad®verizon.net CLAIM ON BEHALF OF MAMCO,INC. PER SECTION 900 OF THE GOVERNMENT CODE TO: Yorba Linda Water District Mr. Ken Vecchiarelli—General Manager Mr.Steve Conklin, P.E.-Engineering Manager 1717 E. Miraloma Ave Placentia,CA 92870 RE: Ohio St.and Oriente Or.Pipeline Replacement Contract J201006 A. Name and Address of Claimant MAMCO, INC. 1 6810 Van Buren Blvd. Suite 200 Riverside, CA 92504 B. Notices shall be sent to: MAMCO,INC. 16810 Van Buren Blvd. Suite 200 Riverside, CA 92504 Azzam Saad, P.E.,Esq. Attorney at Law 8810 Hummingbird Ave Fountain Valley, CA 92708 C. Nature of Claim On May 16, 2011, MAMCO, INC. ("Mamco")entered into a contract with Yorba Linda Water District(the"District") for the construction of the Ohio Street and Oriente Drive Pipeline Replacement Project in the City of Yorba Linda(the"Project"). The work comprised the furnishing of labor, equipment and materials to construct certain, water mains, appurtenances, 551403.1 Page I of 3 connections, and abandonments. The original bid price was $1,389,089.00,which was based on the estimated quantities of work provided in the bid documents. The effective date of the Notice to Proceed issued by the District was May 23, 2011, and the original completion date of the Project was December 19,2011. Mamco bid this project from drawings& specifications,provided by the District, who awarded the contract though the competitive bid process for public works contracts. Mamco reasonably assumed at the time of bid that the plans and specifications furnished by the District were accurate, complete and adequate for their intended purpose. At no time prior to the execution of the contract were any representations or statements trade by the District that this Project was anything other than a normal design/bid/build project which is commonplace in the construction industry. As it turned out,many restrictions were imposed on the Contractor after the award of the Project,contrary to accepted construction practices and not contemplated at the time of the bid,nor stated in the Specifications. Those restrictions interfered with the Contractor means and methods which increased the costs of performing the work. An authorization to commence work was issued by the District on May 19, 2011, whereupon Mamco dispatched personnel and began mobilization efforts,the District prevented Mamco from setting up a yard near the Construction zone which added to the cost of performing the work and delayed the performance. The District interfered in the means and methods of construction by preventing Marnco from using a large track excavator it intended to use for the most efficient way that will result in the least cost of performance. By using a smaller excavator Mamco incurred delays, inefficiencies,and disruptions to its crews which added to the cost of performance. 551403.1 Page 2 of 3 In addition,the District interfered in the means and methods of the Contractor's operations by preventing the Contractor from storing the excavated spoils during the construction work hours alongside the work zone. This added to the cost of performance by forcing the contractor to haul off the material and using cement slurry back fill to replace the exported soil. As a result of the foregoing,Marn.co has incurred substantial costs to complete the Project, for which it is entitled to be compensated by the District. D. The Flames of the Public Employees Causinz the Damnae or Loss The representatives of the District who caused the damage or loss to Mamco are Mr. Steve Conklin,P.E.,Mr. Anthony Manzano,P.E.,Mr. Joe Polimino,and Mr. Jesus Sosa,among others. E. Amount Claimed Claimant Mamco hereby makes claim against the District for a sum of not less than Four Hundred Twenty-Three Thousand,Two Hundred and Thirty-Nine Dollars and Eighty-Four Cents(5 423,239.$4)representing the damages suffered by Claimant, including damages for additional labor,material,equipment and overhead costs resulting from performance of work not contemplated by the original contract,and damages associated with delays, disruptions and acceleration to the Project schedule. Dated: Mar. 26,2012 MAMCO,INC. By: Azzam Saad, P.E. Esq Attorney for Claimant MAMCO, INC. 551403.1 Page 3 of 3 ITEM NO. 8.9 AGENDA REPORT Meeting Date: May 24, 2012 Budgeted: Yes Total Budget: $45,000 To: Board of Directors From: Ken Vecchiarelli, General Manager Presented By: Gina Knight, HR/Risk Manager Dept: Human Resources/Risk Management Prepared By: Gina Knight, HR/Risk Manager Subject: Request for Proposals for an Organizational Efficiency Study SUMMARY: During Fiscal Year 2011-2012, one or more Board members requested staff to look at the District's organizational makeup to determine if efficiency opportunities existed within the organization's current structure. COMMITTEE RECOMMENDATION: The Personnel-Risk Management Committee recommends that the Board of Directors authorize staff to issue a Request for Proposals for Professional Services for the preparation of an Organizational Efficiency Study. DISCUSSION: On March 20, 2012, staff presented an action item to the Personnel-Risk Management Committee requesting consideration of a recommendation for the Board of Directors to consider the authorization of staff to prepare a Request for Proposals for Professional Services toward the preparation of an Organizational Efficiency Study. The Committee requested this action item be brought to the full Board of Directors for discussion and consideration at the Budget Workshop of April 11 , 2012. This item was not discussed at the Budget Workshop of April 11 , 2012. At the request of Chairperson Beverage, staff was instructed to place this item on the Personnel-Risk Management Committee Agenda of May 8, 2012. On May 8, 2012, this item was presented to the Personnel-Risk Management Committee. The Committee requested this action item be presented to the Board for review and consideration at the May 24, 2012 Board of Directors meeting. Funds were previously allocated in the Administration Department's Budget (FY 2011/2012) for the AWWA QualServe Peer Review Survey which could assist the District in evaluating its overall operating efficiency. Funds have not been expended for this effort. STRATEGIC PLAN: OE 2-A: Identify Core Inefficiencies Approved by the Board of Directors of the Yorba Linda Water District 5/24/2012 MB/RC 5-0 To authorize staff to issue a Request for Proposals for Professional Services for the Preparation of an Organizational Efficiency Study. ITEM NO. 8.10 AGENDA REPORT Meeting Date: May 24, 2012 Total Budget: $1800 To: Board of Directors From: Ken Vecchiarelli, General Manager Presented By: Gina Knight, HR/Risk Manager Dept: Human Resources/Risk Management Prepared By: Gina Knight, HR/Risk Manager Subject: Short-Term Disability Insurance SUMMARY: Staff requested quotes for short-term disability insurance coverage for all full-time District employees and life insurance for the Board of Directors from the District's insurance broker, Wells Fargo Insurance Services USA, Inc. STAFF RECOMMENDATION: That the Board of Directors authorize the provision of short-term disability insurance for full-time District employees and a life insurance benefit for members of the Board of Directors. COMMITTEE RECOMMENDATION: The Personnel-Risk Management Committee discussed this item at their May 8, 2012 meeting and supported the item for presentation to the Board of Directors for their consideration. DISCUSSION: On April 10, 2012, staff presented the Personnel-Risk Management Committee with a proposal for short-term disability insurance for the District's full-time employees as well as extending life insurance coverage for the Board of Directors. The Committee reviewed and discussed the proposal and directed staff to make some minor revisions and bring back the revised proposal at the May 8, 2012 Personnel-Risk Management Committee meeting. On May 8, 2012, staff presented the revised proposal to the Committee. The revised proposal provides short-term disability coverage for all full-time District employees and life insurance benefits for the District's Board of Directors. The short-term disability insurance is designed to pay a benefit for a period of time (not to exceed 9 weeks) in the event an employee cannot work because of a covered illness, injury or pregnancy. This benefit would replace a portion of the employee's weekly income to help them meet their financial commitments when they need the help. There would be a 29-day waiting period for the short-term disability benefit. The District currently offers long-term disability insurance coverage to its employees with a waiting period of 90 days. The short-term disability insurance would bridge the waiting time for employees to eligibility for long-term disability coverage. The quote for the short-term disability insurance coverage will be $127.16 per month ($1 ,525.97 annually). The life insurance coverage for the Board of Directors is based on a flat $10,000 benefit. The quote for this coverage would increase the existing life insurance premium rates by an additional $242 per year. Because the District is paying 100% of the life insurance premiums, all employees and all of the Board members must be included in the coverage to protect the pool. STRATEGIC PLAN: WE 1-B: Explore Alternative Benefits ATTACHMENTS: Name: Description: Type: Document.pdf Short-Term Disability Proposal Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/24/2012 MB/RK 5-0 BYorba Linda Water District Yorba Linda Water District Life and STD Proposal Marie Ward , Senior Account Executive Terri Mendez, Account Manager (Revised 0411812012) Wells Fargo Insurance Services USA, Inc. CA License #OD08408 Together we'll go far J. Notes ® Yorba Linda Water District Wells Fargo Insurance Services Life Proposal ® Yorba Linda Water District This is merely a summary of benefits for comparison purposes only. Plan Details are determined by individual carriers. Wells Fargo Insurance Services Current Option with Directors BENEFIT PROVISO INS Prudential Prudential Class 1 - Excludes Directors 1timesannual BBd &ITAMOUNT 1 times annual salary to a maximum of salary to a maximum of $150,000 $150,000 Class 2 - Directors Flat $10,000 Annual earnings excluding bonus, OT, Annual eamings excluding bonus, OT, or extra DEFINITION OFEARNINGS or extra comp. comp. 65% @ age 70 65% @age 70 AG E R® U CTIO N 50% @age 75 & over 50% @age 75 & over (Benefit reduce to:) 90% benefit to max benefit with life 90% benefit to max benefit with life ACCB92ATED DEATH BENEFIT expectancy of 12 months expectancy of 12 months BEN BITS TERM I N ATE AT yes yes REfIREM ENT? GUARANTEE ISSU E all amounts all amounts WAIVER OF PREMIUM < age60 and disabled, endsatage65 < age60 and disabled; endsat age65 CONVERSION included included PORTABILITY included included This is merely a summary of benefits for comparison purposes only. Plan Details are determined by individual carriers. Wells Fargo Insurance Services AD &D Proposal 1=1=21=9Yi;�049E67i69 Current Prudential & Option to add Directors BEN ffl T AMOUNT I Same as Life acme as U UE OF BENEFITS Life 100% Both hands 100% Both feet 100% Sight of both eyes 100% One hand and one foot 100% One hand ands ht of one eye 100% One foot and sight of one eye 100% Speech and hearing 100% One hand 50% One foot 50% Si ht of one eye 50% Speech 50% Hearin 50% Total Paralysis of upper and lower limbs (Quadriplegia) 100% Total Paralysis of both lower limbs (Paraplegia) 50% Total Paralysis of upper and lower limbs on one side of the body (Hemiple is 50% CHILD CARE Not to exceed $5,000/yr or a total of $10,000 or 25% of benefit; whichever is less EDUCATION up to $5,000/year, or the cumulative total of $20,000 or 25% of benefit, whichever is lea SEATBE_T The lesser of $10,000 or the AD&D benefit AI RBAG not i ncl uded REPATRIATION up to $5,000 or 10% of Benefit; whichever is lea YOrba Linda Water District This is merely a ermmary of beneflrsfor comparlmn purporesonly. Wells Fargo Insurance Services Life and AD &D Rate Proposal ® Yorba Linda Water District Wells Fargo Insurance Services 5 Option with CURRENT Directors Prudential Prudential w LIFFIAD& D RATEPER $ 11000 OF BENEFIT $0 . 157 $0. 161 AMOUNT _ ---------_ _- -_—___ _ Volume $5,045 ,750 $5,045,750 (based on 72 Lives) MONTHLY COST $792 $812 ANNUALCOSr $95506 $95748 $ Change to current $242 % Change to current 2. 5% Rate Guarantee Through 1 /1 /2013 NOTES: *Volume is based on census ® Yorba Linda Water District Wells Fargo Insurance Services 5 Yorba Linda The need for Short-Term Disability Water District Chances are you may already own home, auto and life insurance to protect yourself against the threat of loss . And you probably have health insurance to guard against costly medical bills. But what steps have you taken to help shield yourself and those who count on you from an unexpected loss of income? Would you be able to pay the bills if you became disabled and unable to work. . . even for a short amount of time? YLWD may provide an excellent opportunity for you to help protect your income by offering Group Short Term Disability (STD ) insurance . STD insurance is designed to pay a benefit for a period of time in the event you cannot work because of a covered illness, injury, pregnancy or mental disorder. This benefit replaces a portion of your weekly income, helping you to meet your financial commitments just when you may need it most. Wells Fargo Insurance Services 6 STD Proposal Benefit Provisions Proposed Prudential Effective Date 1-dil-12 Weekly Benefit Amount 66.67% Weekly Benefit Maximum $1 ,500 Weekly Benefit Minimum $25 Accident Waiting Period 29 Days Sickness Waiting Period 29 Days Benefit Duration 9 Weeks Definition of Disability Inability to Perform Regular Occupation and Loss of Income ED] Applies No Pre-Existing Condition None Partial Disability Provision Included Coverage Type Non Occupational W-2 Services Only Included FICA Match with W2 Services Included Contribution Status Non-Contributory Benefit Taxation Taxable Definition of Earnings Standard Plan Type Supplemental to CA J CD plan Actively At Work Provision Applies © Yorba Linda Water District This is merely a summary of benefits for comparison purposes only. Plan details are determined by individual carriers Wells Fargo Insurance Services STD Proposal Benefit Provisions Proposed Prudential STD Rate Summary (Excludes Directors) Estimated Lives 74 Weekly Benefit Volume $63,582 Monthly Rates 0.02 Rate Basis Per $10 Weekly Benefit Monthly Premium $127.16 Annual Premium $1 ,525.97 Rate Guarantee Through 1/1/2014 This is merely a summary of benefitsfor comparison purposes only. Plan detailsare determined by individual carvers ® Yolta Linda Water District Wells Fargo Insurance Services ITEM NO. 8.11 AGENDA REPORT Meeting Date: May 24, 2012 Budgeted: No To: Board of Directors From: Ken Vecchiarelli, General Manager Presented By: Art Vega, Acting IT Manager Dept: Information Technology Reviewed by Legal: No Prepared By: Art Vega, Acting IT Manager CEQA Compliance: N/A Subject: Cell Phone Service Consolidation SUMMARY: The District currently has cell phone service with AT&T, Sprint/Nextel and Verizon. The PACT Committee in the past has expressed their preference to consolidate cell phone service to only one carrier. In addition, the east side of the District has always been a problem area for Nextel/Sprint phones and their push-to-talk walkie-talkie service. Staff has expressed their desire for improved cell phone and push-to-talk service coverage. Staff has researched all three carriers and recommends terminating cell phone services with AT&T and Sprint/Nextel and transferring these services to Verizon. STAFF RECOMMENDATION: That the Board of Directors authorize staff to terminate the District's cell phone services with AT&T and Sprint/Nextel and transfer them to Verizon under the current Western States Contracting Alliance (WSCA) contract. COMMITTEE RECOMMENDATION: The Public Affairs-Communications-Technology Committee discussed this matter at its meeting held May 14, 2012 and supports staff's recommendation. DISCUSSION: The District has cell phone, push-to-talk and data plans services on 3 different carriers. These carriers are AT&T, Sprint/Nextel, and Verizon. Below is a summary and breakdown of the number of cell phones.from each carrier: Vendor Number of Push-to- Number of Smart Phones with Data talk/cell phones Plan AT&T 0 *** 4 Sprint/Nextel 45 3 Verizon* 0 3 Verizon** 4 10 * Current ** Proposed *** Does not provide this service Staff who use push-to-talk capable cell phones have expressed their preference to keep this service as well as normal cell phone service. They have also expressed their discontent with Sprint/Nextel's push-to-talk and cell phone coverage most notably on the east side of the District. Over the past several years IT staff has met with Sprint/Nextel regarding these coverage issues in the District area. Unfortunately, there has been no noticeable improvements in their coverage over the years. Verizon launched their 3rd attempt at push-to-talk service last year and has been successfully running this service for over a year. Furthermore, Sprint/Nextel is losing some of the channels in their 800Mhz radio frequency band they use to transmit and receive cell phone service. The U.S. Federal Communications Commission (FCC) has mandated this to eliminate radio interference with thousands of public safety agencies across the country that regularly use that same frequency. This act by the FCC further puts Sprint's/Nextel push-to-talk coverage and service in question in the future. The District acquired push-to-talk capable demo cell phones from Verizon. Operations staff received them to test the east side of the District. Feed back from staff indicated that the push-to-talk and cell phone service from these demo units were superior to the Sprint/Nextel service they currently have and recommended switching to Verizon. Attached for the Committee to review is the WSCA Master cell phone contract plus the California WSCA addendum. The District is able to take advantage of these purchasing agreements negotiated by WSCA member states. Furthermore, you will also find a WSCA based quote and rate plan from Verizon. The actual number of phones transfered may be lower due to management still determining the need for their own cell phones as tablets are being considered as a replacement. STRATEGIC PLAN: OE 1-A: Identify the Current Functionality of Existing Technology and Determine if it is Being Utilized to Full Capacity ATTACHMENTS: Name: Description: Type: WSCA Master VerizonContract1523.pdf WSCA Master Verizon Contract Backup Material CaliforniaAddendum.pdf WSCA California Addendum Backup Material Verizon WSCA cell phone rates plans quote .pdf Verizon WSCA Rates&Plan quote Backup Material Approved by the Board of Directors of the Yorba Linda Water District 5/24/2012 RC/GM 5-0 For Purchasing Use Only: RFP/CONTRACT # 1523 CONTRACT FOR SERVICES OF INDEPENDENT CONTRACTOR A Contract Between the State of Nevada Acting By and Through Its Various State Agencies Monitored By: Department of Administration Purchasing Division 515 E Musser Street, Room 300 Carson City NV 89701 Contact: Teri Smith, Senior Buyer Phone: (775) 684-0178 • Fax: (775) 684-0188 Email: tlsmith niDi)urchasing.state.nv.us And Verizon Wireless 255 Parkshore Drive Folsom CA 95630 Contact: Chris Rock, National Account Manager Phone: (916) 357-2442 Email: Chris.Rock(iDVerizonWireless.com WHEREAS, NRS 284. 173 authorizes elective officers, heads of departments, boards, commissions or institutions to engage, subject to the approval of the Board of Examiners, services of persons as independent contractors; and WHEREAS, it is deemed that the service of Contractor is both necessary and in the best interests of the State of Nevada; NOW, THEREFORE, in consideration of the aforesaid premises, the parties mutually agree as follows: 1 . REQUIRED APPROVAL. This Contract shall not become effective until and unless approved by the Nevada State Board of Examiners. 2. DEFINITIONS. "State" means the State of Nevada and any state agency identified herein, its officers, employees and immune contractors as defined in NRS §41 .0307. "Independent Contractor" means a person or entity that performs services and/or provides goods for the State under the terms and conditions set forth in this Contract. "Fiscal Year" is defined as the period beginning July 1 and ending June 30 of the following year. 3 . CONTRACT TERM. This Contract shall be effective upon Board of Examiners' approval (anticipated to be October 10, 200 to October 9, 2010, unless sooner terminated by either party as specified in paragraph (9). 4. NOTICE. Unless otherwise specified, termination shall not be effective until 60 calendar days after a party has served written notice of default, or without cause upon the other party. All notices or other communications required or permitted to be given under this Contract shall be in writing and shall be deemed to have been duly given if delivered personally in hand, by telephonic facsimile with simultaneous regular mail, or mailed certified mail, return receipt requested, postage prepaid on the date posted, and addressed to the other party at the address specified above. 5. INCORPORATED DOCUMENTS . The parties agree that the scope of work shall be specifically described; this Contract incorporates the following attachments in descending order of constructive precedence; a Contractor's Attachment shall not contradict or supersede any State specifications, terms or conditions without written evidence of mutual assent to such change appearing in this Contract: ATTACHMENT AA: STATE SOLICITATION (RFP #1523) and AMENDMENTS 1 & 2; SCOPE OF WORK ATTACHMENT BB: NEGOTIATED ITEMS ATTACHMENT CC: CONTRACTOR' S RESPONSE 6. CONSIDERATION. The parties agree that Contractor will provide the services specified in paragraph (5) at a cost of 18% discount off all retail service plans with a monthly access fee of $34.99 or more with active subscriber lines from all Approved 05108102 Revised 08103 Page 1 of participating entities of at least 15,000; 25% discount off retail price of accessories; and with active subscriber lines from all participating entities of at least 10,000 equipment to be provided pursuant to the Corporate Equipment Matrix with the total Contract or installments payable: Monthly upon receipt of vendor statement, not to exceed $2,000,000.00. The State does not agree to reimburse Contractor for expenses unless otherwise specified in the incorporated attachments. The contractual authority, as identified by the not to exceed amount, does not obligate the State of Nevada to expend funds or purchase goods or services up to that amount; the purchase amount will be controlled by the individual using agency's purchase orders or other authorized means of requisition for services and/or goods as submitted to and accepted by the contractor. Any intervening end to a biennial appropriation period shall be deemed an automatic renewal (not changing the overall Contract term) or a termination as the results of legislative appropriation may require. 7. ASSENT. The parties agree that the terms and conditions listed on incorporated attachments of this Contract are also specifically a part of this Contract and are limited only by their respective order of precedence and any limitations specified. 8. TIIVIELINESS OF BILLING SUBMISSION. The parties agree that timeliness of billing is of the essence to the contract and recognize that the State is on a fiscal year. All billings for dates of service prior to July 1 must be submitted to the State no later that the first Friday in August of the same year. A billing submitted after the first Friday in August, which forces the State to process the billing as a stale claim pursuant to NRS 353 .097, will subject the Contractor to an administrative fee not to exceed $ 100.00. The parties hereby agree this is a reasonable estimate of the additional costs to the State of processing the billing as a stale claim and that this amount will be deducted from the stale claim payment due to the Contractor. 9. INSPECTION & AUDIT. a. Books and Records. Contractor agrees to keep and maintain under generally accepted accounting principles (GAAP) full, true and complete records, contracts, books, and documents as are necessary to fully disclose to the State or United States Government, or their authorized representatives, upon audits or reviews, sufficient information to determine compliance with all state and federal regulations and statutes. b. Inspection & Audit. Contractor agrees that copies of the relevant books, records (written, electronic, computer related or otherwise), including, without limitation, relevant accounting procedures and practices of Contractor or its subcontractors, financial statements and supporting documentation, and documentation related to the work product shall be subject, at any reasonable time and upon reasonable notice, to inspection, examination, review, audit, and copying at any office or location of Contractor where such records may be found, with or without notice by the State Auditor, the relevant state agency or its contracted examiners, the Department of Administration, Budget Division, the Nevada State Attorney General's Office or its Fraud Control Units, the State Legislative Auditor, and with regard to any federal funding, the relevant federal agency, the Comptroller General, the General Accounting Office, the Office of the Inspector General, or any of their authorized representatives. All subcontracts shall reflect requirements of this paragraph. c. Period of Retention. Copies of all books, records, reports, and statements relevant to this Contract must be retained a minimum three years and for five years if any federal funds are used in the Contract. The retention period runs from the date of payment for the relevant goods or services by the State, or from the date of termination of the Contract, whichever is later. Retention time shall be extended when an audit is scheduled or in progress for a period reasonably necessary to complete an audit and/or to complete any administrative and judicial litigation which may ensue. 10. CONTRACT TERMINATION. a. Termination Without Cause. Any discretionary or vested right of renewal notwithstanding, this Contract may be _ terminated upon written notice by mutual consent of both parties or unilaterally by either party without cause. b. State Termination for Nonappropriation. The continuation of this Contract beyond the current biennium is subject to and contingent upon sufficient funds being appropriated, budgeted, and otherwise made available by the State Legislature and/or federal sources. The State may terminate this Contract, and Contractor waives any and all claim(s) for damages, effective immediately upon receipt of written notice (or any date specified therein) if for any reason the Contracting Agency's funding from State and/or federal sources is not appropriated or is withdrawn, limited, or impaired. c. Cause Termination for Default or Breach. A default or breach may be declared with or without termination. This Contract may be terminated by either party upon written notice of default or breach to the other party as follows: i. If Contractor fails to provide or satisfactorily perform, in any material respect, any of the conditions, work, deliverables, goods, or services called for by this Contract within the time requirements specified in this Contract or within any granted extension of those time requirements; or ii. If any state, county, city or federal license, authorization, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Contractor to provide the goods or services required by this Contract is for any reason denied, revoked, debarred, excluded, terminated, suspended, lapsed, or not renewed; or iii. If Contractor becomes insolvent, subject to receivership, or becomes voluntarily or involuntarily subject to the jurisdiction of the bankruptcy court; or Approved 05108102 Revised 08103 Page 2 of 8 iv. If the State materially breaches any material duty under this Contract and any such breach impairs Contractor's ability to perform; or v. If it is found by the State that any quid pro quo or gratuities in the form of money, services, entertainment, gifts, or otherwise were offered or given by Contractor, or any agent or representative of Contractor, to any officer or employee of the State of Nevada with a view toward securing a contract or securing favorable treatment with respect to awarding, extending, amending, or making any determination with respect to the performing of such contract; or vi. If it is found by the State that Contractor has failed to disclose any material conflict of interest relative to the performance of this Contract. d. Time to Correct. Termination upon a declared default or breach may be exercised only after service of formal written notice as specified in paragraph (4), and the subsequent failure of the defaulting party within 15 calendar days of receipt of that notice to provide evidence, satisfactory to the aggrieved party, showing that the declared default or breach has been corrected. e. Winding Up Affairs Upon Termination. In the event of termination of this Contract for any reason, the parties agree that the provisions of this paragraph survive termination: i. The parties shall account for and properly present to each other all claims for fees and expenses and pay those which are undisputed and otherwise not subject to set off under this Contract. Neither party may withhold performance of winding up provisions solely based on nonpayment of fees or expenses accrued up to the time of termination; ii. Contractor shall satisfactorily complete work in progress at the agreed rate (or a pro rata basis if necessary) if so requested by the Contracting Agency; iii. Contractor shall execute any documents and take any actions necessary to effectuate an assignment of this Contract if so requested by the Contracting Agency; iv. Contractor shall preserve, protect and promptly deliver into State possession all proprietary information in accordance with paragraph (21 ). 11 . REMEDIES. Except as otherwise provided for by law or this Contract, the rights and remedies of the parties shall not be exclusive and are in addition to any other rights and remedies provided by law or equity, including, without limitation, actual damages, and to a prevailing party reasonable attorneys' fees and costs. It is specifically agreed that reasonable attorneys' fees shall include without limitation $ 125 per hour for State-employed attorneys. The State may set off consideration against any unpaid obligation of Contractor to any State agency in accordance with NRS 353C. 190. 12. LIMITED LIABILITY. The State will not waive and intends to assert available NRS chapter 41 liability limitations in all cases. Contract liability of both parties shall not be subject to punitive damages. Liquidated damages shall not apply unless otherwise specified in the incorporated attachments. Damages for any State breach shall never exceed the amount of funds appropriated for payment under this Contract, but not yet paid to Contractor, for the fiscal year budget in existence at the time of the breach. Damages for any Contractor breach shall not exceed 150% of the contract maximum "not to exceed" value. Contractor's tort liability for actual damages, not including liquidated, special or punitive damages exempted above, shall not be limited. 13 . FORCE MAJEURE. Neither party shall be deemed to be in violation of this Contract if it is prevented from performing any of its obligations hereunder due to strikes, failure of public transportation, civil or military authority, act of public enemy, accidents, fires, explosions, or acts of God, including, without limitation, earthquakes, floods, winds, or storms. In such an event the intervening cause must not be through the fault of the party asserting such an excuse, and the excused party is obligated to promptly perform in accordance with the terms of the Contract after the intervening cause ceases. 14. INDEMNIFICATION. To the fullest extent permitted by law, Contractor shall indemnify, hold harmless and defend, not excluding the State's right to participate, the State from and against all liability, claims, actions, damages, losses, and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of any alleged negligent or willful acts or omissions of Contractor, its officers, employees and agents. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHICH ARE INCURRED BY THE OTHER PARTY AND WHICH ARISE OUT OF ANY ACT OR FAILURE TO ACT RELATING TO THIS AGREEMENT, AND IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR PUNITIVE DAMAGES. IN NO EVENT SHALL VERIZON WIRELESS BE LIABLE FOR LOSSES, DAMAGES, OR CLAIMS ARISING OUT OF THE STATE OF NEVADA' S USE OR ATTEMPTED USE OF 911 OR E911 SERVICE, NOR SHALL VERIZON WIRELESS BE LIABLE FOR THE STATE OF NEVADA' S INABILITY TO ACCESS 911 OR E911 SERVICE. 15. INDEPENDENT CONTRACTOR. Contractor is associated with the State only for the purposes and to the extent specified in this Contract, and in respect to performance of the contracted services pursuant to this Contract, Contractor is and shall be an independent contractor and, subject only to the terms of this Contract, shall have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Contract. Nothing contained in this Contract shall be deemed or construed to create a partnership or joint venture, to create relationships of an employer-employee or principal- Approved 05108102 Revised 08103 Page 3 of 8 agent, or to otherwise create any liability for the State whatsoever with respect to the indebtedness, liabilities, and obligations of Contractor or any other party. Contractor shall be solely responsible for, and the State shall have no obligation with respect to: (1 ) withholding of income taxes, FICA or any other taxes or fees; (2) industrial insurance coverage; (3) participation in any group insurance plans available to employees of the State; (4) participation or contributions by either Contractor or the State to the Public Employees Retirement System; (5) accumulation of vacation leave or sick leave; or (6) unemployment compensation coverage provided by the State. Contractor shall indemnify and hold State harmless from, and defend State against, any and all losses, damages, claims, costs, penalties, liabilities, and expenses arising or incurred because of, incident to, or otherwise with respect to any such taxes or fees. Neither Contractor nor its employees, agents, or representatives shall be considered employees, agents, or representatives of the State. The State and Contractor shall evaluate the nature of services and term negotiated in order to determine "independent contractor" status and shall monitor the work relationship throughout the term of the Contract to ensure that the independent contractor relationship remains as such. To assist in determining the appropriate status (employee or independent contractor), Contractor represents as follows: Contractor's Initials YES NO 1 . Does the Contracting Agency have the right to require control of when, where < � and how the independent contractor is to work? 2. Will the Contracting Agency be providing training to the independent contractor? gel 3. Will the Contracting Agency be furnishing the independent contractor with worker's space, equipment, tools, supplies or travel expenses? (j 4. Are any of the workers who assist the independent contractor in performance of his/her duties employees of the State of Nevada? 5. Does the arrangement with the independent contractor contemplate continuing / or recurring work (even if the services are seasonal, part-time, or of short (� duration)? 6. Will the State of Nevada incur an employment liability if the independent contractor is terminated for failure to perform? 7. Is the independent contractor restricted from offering his/her services to the general public while engaged in this work relationship with the State? 16. INSURANCE SCHEDULE. Unless expressly waived in writing by the State, Contractor, as an independent contractor and not an employee of the State, must carry policies of insurance in amounts specified in this Insurance Schedule and pay all taxes and fees incident hereunto. The State shall have no liability except as specifically provided in the Contract. The Contractor shall not commence work before: 1 ) Contractor has provided the required evidence of insurance to the Contracting Agency of the State, and 2) The State has approved the insurance policies provided by the Contractor. Prior approval of the insurance policies by the State shall be a condition precedent to any payment of consideration under this Contract and the State' s approval of any changes to insurance coverage during the course of performance shall constitute an ongoing condition subsequent this Contract. Any failure of the State to timely approve shall not constitute a waiver of the condition. Insurance Coverage: The Contractor shall, at the Contractor' s sole expense, procure, maintain and keep in force for the duration of the Contract the following insurance conforming to the minimum requirements specified below. Unless specifically specified herein or otherwise agreed to by the State, the required insurance shall be in effect prior to the commencement of work by the Contractor and shall continue in force as appropriate until the latter of- 1 . Final acceptance by the State of the completion of this Contract; or 2. Such time as the insurance is no longer required by the State under the terms of this Contract. Any insurance or self-insurance available to the State shall be excess of and non-contributing with any insurance required from Contractor. Contractor' s insurance policies shall apply on a primary basis as it relates to Contractor negligence. Until such time as the insurance is no longer required by the State, Contractor shall provide the State with renewal or replacement evidence of insurance within ten ( 10) business days after the expiration or replacement of the required insurance. If at any time during the period when insurance is required by the Contract, an insurer or surety shall fail to comply with the requirements of Approved 05108102 Revised 08103 Page 4 of 8 this Contract, as soon as Contractor has knowledge of any such failure, Contractor shall immediately notify the State and immediately replace such insurance or bond with an insurer meeting the requirements. Workers ' Compensation and Employer 's Liability Insurance 1 ) Contractor shall provide proof of worker' s compensation insurance as required of Nevada Revised Statutes Chapters 616A through 616D inclusive. 2) Employer's Liability insurance with a minimum limit of $500,000 each employee per accident for bodily injury by accident or disease. If this contract is for temporary or leased employees, an Alternate Employer endorsement must be attached to the Contractor' s workers' compensation insurance policy. 3) If the Contractor qualifies as a sole proprietor as defined in NRS Chapter 616A.310, and has elected to not purchase industrial insurance for himself/herself, the sole proprietor must submit to the contracting State agency a fully executed "Affidavit of Rejection of Coverage Under NRS 61613627 and NRS 617 .210" form. Commercial General Liability Insurance 1) Minimum Limits required: $2,000,000.00 General Aggregate $1 ,000,000.00 Products & Completed Operations Aggregate $ Personal and Advertising Injury $1 ,000,000.00 Each Occurrence 2) Coverage shall be on an occurrence basis and shall be at least as broad as ISO 1996 form CG 00 01 (or a substitute form providing equivalent coverage); and shall cover liability arising from premises, operations, independent contractors, completed operations, personal injury, products, civil lawsuits, Title VII actions and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). Business Automobile Liability Insurance 1 ) Minimum Limit required: $ Waived Each Occurrence for bodily injury and property damage. 2) Coverage shall be for "any auto" (including owned, non-owned and hired vehicles). The policy shall be written on ISO form CA 00 01 or a substitute providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Professional Liability Insurance 1) Minimum Limit required: $ Waived Each Claim 2) Retroactive date: Prior to commencement of the performance of the contract 3) Discovery period: Three (3) years after termination date of contract. 4) A certified copy of this policy may be required. Umbrella or Excess Liability Insurance 1 ) May be used to achieve the above minimum liability limits. 2) Shall be endorsed to state it is "As Broad as Primary Policy" Commercial Crime Insurance Minimum Limit required: $ Waived Per Loss for Employee Dishonesty This insurance shall be underwritten on a blanket form amending the definition of "employee" to include all employees of the Vendor regardless of position or category. Performance Security Amount required: $ Waived 1 ) Security may be in the form of surety bond, Certificate of Deposit or Treasury Note payable to the State of Nevada, only. 2) The security shall be deposited with the contracting State agency no later than ten ( 10) working days following award of the Contract to Contractor. 3) Upon successful Contract completion, the security and all interest earned, if any, shall be returned to the Contractor. General Requirements: Approved 05108102 Revised 08103 Page 5 of 8 a. Additional Insured: By endorsement to the general liability insurance policy evidenced by Contractor, The State of Nevada, Department of Administration, its officers, employees and immune contractors as defined in NRS41 .0307 shall be named as additional insured for all liability arising from the Contract. b. Waiver of Subrogation: Each liability insurance policy shall provide for a waiver of subrogation as to additional insured. c. Cross-Liability: All required liability policies shall provide cross-liability coverage as would be achieve under the standard ISO separation of insured clause. d. Deductibles and Self-Insured Retentions: Contractor shall not be relieved from the obligation to pay any deductible or self-insured retention. e. Policy Cancellation : Except for ten days notice for non-payment of premium, each insurance policy shall be endorsed to state that; without thirty (30) days prior written notice to the State of Nevada, c/o Contracting Agency, the policy shall not be canceled, and shall provide that notices required by this paragraph shall be mailed to the address shown below. f. Approved Insurer: Each insurance policy shall be: 1 ) Issued by insurance companies authorized to do business in the State of Nevada or eligible surplus lines insurers acceptable to the State and having agents in Nevada upon whom service of process may be made, and 2) Currently rated by A.M. Best as "A- VII" or better. Evidence of Insurance: Prior to the start of any Work, Contractor must provide the following documents to the contracting State agency: 1 ) Certificate of Insurance: The Acord 25 Certificate of Insurance form or a form substantially similar must be submitted to the State to evidence the insurance policies and coverage required of Contractor. 2) Additional Insured Endorsement: An Additional Insured Endorsement (CG20 10 or C20 26) , signed by an authorized insurance company representative, must be submitted to the State to evidence the endorsement of the State as an additional insured per General Requirements, Subsection a above. 3) Schedule of Underlying Insurance Policies: If Umbrella or Excess policy is evidenced to comply with minimum limits, a copy of the Underlying Schedule from the Umbrella or Excess insurance policy may be required. Review and Approval : Documents specified above must be submitted for review and approval by the State prior to the commencement of work by Contractor. Neither approval by the State nor failure to disapprove the insurance furnished by Contractor shall relieve Contractor of Contractor's full responsibility to provide the insurance required by this Contract. Compliance with the insurance requirements of this Contract shall not limit the liability of Contractor or its sub- contractors, employees or agents to the State or others, and shall be in addition to and not in lieu of any other remedy available to the State under this Contract or otherwise. Mail all required insurance documents to the Contracting Agency identified on page one of the contract. 17. COMPLIANCE WITH LEGAL OBLIGATIONS . Contractor shall procure and maintain for the duration of this Contract any state, county, city or federal license, authorization, waiver, permit, qualification or certification required by statute, - ordinance, law, or regulation to be held by Contractor to provide the goods or services required by this Contract. Contractor will be responsible to pay all taxes, assessments, fees, premiums, permits, and licenses required by law. Real property and personal property taxes are the responsibility of Contractor in accordance with NRS 361 . 157 and 361 . 159. Contractor agrees to be responsible for payment of any such government obligations not paid by its subcontractors during performance of this Contract. The State may set-off against consideration due any delinquent government obligation in accordance with NRS 353C. 190. 18 . WAIVER OF BREACH. Failure to declare a breach or the actual waiver of any particular breach of the Contract or its material or nonmaterial terms by either party shall not operate as a waiver by such party of any of its rights or remedies as to any other breach. 19. SEVERABILITY. If any provision contained in this Contract is held to be unenforceable by a court of law or equity, this Contract shall be construed as if such provision did not exist and the nonenforceability of such provision shall not be held to render any other provision or provisions of this Contract unenforceable. 20. ASSIGNMENT/DELEGATION. To the extent that any assignment of any right under this Contract changes the duty of either party, increases the burden or risk involved, impairs the chances of obtaining the performance of this Contract, attempts to operate as a novation, or includes a waiver or abrogation of any defense to payment by State, such offending portion of the assignment shall be void, and shall be a breach of this Contract. Contractor shall neither assign, transfer nor delegate any rights, obligations or duties under this Contract without the prior written consent of the State. Approved 05108102 Revised 08103 Page 6 of 8 21 . STATE OWNERSHIP OF PROPRIETARY INFORMATION. Any reports, histories, studies, tests, manuals, instructions, photographs, negatives, blue prints, plans, maps, data, system designs, computer code (which is intended to be consideration under the Contract), or any other documents or drawings, prepared or in the course of preparation by Contractor (or its subcontractors) in solely and exclusively in the performance of its obligations under this Contract shall be the exclusive property of the State and all such materials shall be delivered into State possession by Contractor upon completion, termination, or cancellation of this Contract. Contractor shall not use, willingly allow, or cause to have such materials used for any purpose other than performance of Contractor's obligations under this Contract without the prior written consent of the State. Notwithstanding the foregoing, the State shall have no proprietary interest in any materials licensed for use by the State that are subject to patent, trademark or copyright protection. 22. PUBLIC RECORDS . Pursuant to NRS 239.010, information or documents received from Contractor may be open to public inspection and copying. The State will have the duty to disclose unless a particular record is made confidential by law or a common law balancing of interests. Contractor may label specific parts of an individual document as a "trade secret" or "confidential" in accordance with NRS 333 .333, provided that Contractor thereby agrees to indemnify and defend the State for honoring such a designation. The failure to so label any document that is released by the State shall constitute a complete waiver of any and all claims for damages caused by any release of the records. 23 . CONFIDENTIALITY. Contractor shall keep confidential all information, in whatever form, produced, prepared, observed or received by Contractor to the extent that such information is confidential by law or otherwise required by this Contract. 24. FEDERAL FUNDING. In the event federal funds are used for payment of all or part of this Contract: a. Contractor certifies, by signing this Contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. This certification is made pursuant to the regulations implementing Executive Order 12549, Debarment and Suspension, 28 C.F.R. pt. 67, § 67.510, as published as pt. VII of the May 26, 1988, Federal Register (pp. 19160- 19211), and any relevant program-specific regulations. This provision shall be required of every subcontractor receiving any payment in whole or in part from federal funds. b. Contractor and its subcontractors shall comply with all terms, conditions, and requirements of the Americans with Disabilities Act of 1990 (P.L. 101 - 136), 42 U.S.C. 12101 , as amended, and regulations adopted thereunder contained in 28 C.F.R. 26. 101 -36.999, inclusive, and any relevant program-specific regulations. c. Contractor and its subcontractors shall comply with the requirements of the Civil Rights Act of 1964, as amended, the Rehabilitation Act of 1973, P.L. 93- 112, as amended, and any relevant program-specific regulations, and shall not discriminate against any employee or offeror for employment because of race, national origin, creed, color, sex, religion, age, disability or handicap condition (including AIDS and AIDS-related conditions.) 25. LOBBYING The parties agree, whether expressly prohibited by federal, State or local law, or otherwise, that no funding associated with this contract will be used for any purpose associated with or related to lobbying or influencing or attempting to lobby or influence for any purpose the following: a. Any federal, state, county or local agency, legislature, commission, counsel or board; b. Any federal, state, county or local legislator, commission member, counsel member, board member, or other elected official; or c. Any officer or employee of any federal, state, county or local agency; legislature, commission, counsel or board. 26. WARRANTIES. a. General Warranty. Contractor warrants that all services, deliverables, and/or work product under this Contract shall be completed in a workmanlike manner consistent with standards in the trade, profession, or industry; shall conform to or exceed the specifications set forth in the incorporated attachments; and shall be fit for ordinary use, of good quality, with no material defects. b. System Compliance. Contractor warrants that the Cellular Mobile Radio Services (as that term is defined by the Federal Communications Commission) shall not experience abnormally ending and/or invalid and/or incorrect results. This warranty includes, without limitation, century recognition, calculations that accommodate same century and multicentury formulas and data values and date data interface values that reflect the century. Pursuant to NRS 41 .0321 , the State is immune from liability due to any failure of any incorrect date being produced, calculated or generated by a computer or other information system. 27. PROPER AUTHORITY. The parties hereto represent and warrant that the person executing this Contract on behalf of each party has full power and authority to enter into this Contract. Contractor acknowledges that as required by statute or regulation this Contract is effective only after approval by the State Board of Examiners and only for the period of time specified in the Contract. Any services performed by Contractor before this Contract is effective or after it ceases to be effective are performed at the sole risk of Contractor. 28 . GOVERNING LAW; JURISDICTION. This Contract and the rights and obligations of the parties hereto shall be governed by, and construed according to, the laws of the State of Nevada, without giving effect to any principle of conflict-of-law that Approved 05108102 Revised 08103 Page 7 of 8 would require the application of the law of any other jurisdiction. The parties consent to the jurisdiction of the First Judicial District Court, Carson City, Nevada for enforcement of this Contract. 29. ENTIRE CONTRACT AND MODIFICATION. This Contract and its integrated attachment(s) constitute the entire agreement of the parties and such are intended as a complete and exclusive statement of the promises, representations, nego- tiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Unless an integrated attachment to this Contract specifically displays a mutual intent to amend a particular part of this Contract, general conflicts in language between any such attachment and this Contract shall be construed consistent with the terms of this Contract. Unless otherwise expressly authorized by the terms of this Contract, no modification or amendment to this Contract shall be binding upon the parties unless the same is in writing and signed by the respective parties hereto and approved by the Office of the Attorney General and the State Board of Examiners. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be signed and intend to be legally bound thereby. Roger G11i �tc�c.�at $ -Z9 - 06 West Area President Indepen ent Contractor's Signature �i Date Independent's Contractor's Title / V�'� C"-"/'� a O 5o Administrator, Purchasing Division eg Smith Date Title APPROVED BY BOARD OF EXAMINERS Signature - oard of Examiners On Ilno 0 ( Approved as to form by: (Date) V , On -! 13 X06 Deputy Attomey General for Attorney General (Date) Approved As To Form By : Tara L. Troge Staff Attorney Verizon Wireless Approved 05108102 Revised 08103 Page 8 of 8 CALIFORNIA PARTICIPATING ADDENDUM WESTERN STATES CONTRACTING ALLIANCE (WSCA) WIRELESS EQUIPMENT AND SERVICES VERIZON WIRELESS MASTER SERVICE AGREEMENT. CONTRACT #7-10-7046 1 . Scope: i This Participating Addendum under the Western States Contracting Alliance Agreement #1523 (WSCA Master Price Agreement) covers the purchase of cellular service and equipment for wireless, voice, voice with walkie talkie and data services for all State Agencies and will include all California political subdivisions/local" governments . A subdivision/local government is defined as any city, county, city and county, district, or other local governmental body or corporation , including the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges empowered to expend public funds. Each political subdivision/local government should make its own determination whether the WSCA program is consistent with its procurement j policies and regulations. THE SUPPLEMENTAL TERMS AND CONDITIONS FOR CONTRACTS USING ARRA FUNDS APPLY TO THE ORDERING AGENCY. IF OR WHEN (VERIZON WIRELESS), AS A CONTRACTOR, IS NOTIFIED BY ORDERING AGENCY THAT A SPECIFIC PURCHASE OR PURCHASES ARE BEING MADE WITH ARRA FUNDS, (VERIZON WIRELESS) AGREES TO COMPLY WITH THE DATA-ELEMENT AND REPORTIN_G_REQUIR_EMENTS T THA ARE-LEGALLY REQUIRED OF PROVIDERS OF GOODS AND RELATED SERVICES. (VERIZON WIRELESS), AS IT RELATES TO PURCHASES UNDER THIS CONTRACT IS NOT A SUBCONTRACTOR OR SUBGRANTEE, BUT SIMPLY A PROVIDER OF GOODS AND RELATED SERVICES. THE ARRA SUPPLEMENTAL TERMS AND CONDITIONS ARE LOCATED AT: HTTP://WWW. DOCUMENTS . DGS.CA.GOV/PD/POLI PROC/ARRATAND% 20C081009FINAL. PDF 2. Leasing Funding to purchase or lease products available under this contract may be available to State agencies via the GS $ Mart (purchases) or Lease $Mart program. Local agencies are able to take advantage of leasing options in the WSCA Master Price Agreement 1523 without restrictions. i 3. Changes : For changes under this Participating Addendum by any Eligible Entity listed in Section 1 , Scope, the following Changes apply. a. The California General Provisions (CAGP) Revision 06/08/10 (GSPD4011T General Provisions-Information Technology based on June 8, 2010 standard) for Western States Contracting Alliance (WSCA) contract for wireless equipment and services as provided by the following hyperlink become a part of this Participating Addendum, http ://www. documents. d.gs. ca . gov/pd/modellang/GPIT06081O. pdf b. In the event of a conflict between the terms and conditions of the following documents , this order of precedence shall prevail : (i) California General Provisions —Information Technology (CAGP) revised and effective 06/08/2010; (ii) WSCA Master Price Agreement; (iii) this Participating Addendum (statewide master service agreement) ; then ( iv) packaging , invoices, catalogs, brochures and technical data sheets. The following clarification is made with respect to Section 11 of the CAGP: the WSCA Master Price Agreement shall take precedence after the CAGP but before any of the other documents listed in Section 11 . c. State of Nevada, WSCA Master Price Agreement 1523 changed for California to statewide contract 7-10-70-16 . d . At the State's sole option , the Department of General Services (DGS) reserves the right to invoke negotiations pursuant to Public Contract Code Section 6611 , in accordance with existing guidelines and procedures adopted by the DGS . 1 Version 09/29/10 i I CALIFORNIA PARTICIPATING ADDENDUM WESTERN STATES CONTRACTING ALLIANCE (WSCA) WIRELESS EQUIPMENT AND SERVICES VERIZON WIRELESS MASTER SERVICE AGREEMENT. CONTRACT #7-10-70-16 e. Contractor will work with the State to ensure, to the extent practicable that all current, mandatory and non-mandatory State and local governmental agencies will seamlessly transition at no transition cost and with minimal service disruption from the California Wireless Contract (CWC) 1 S-05-58-02 to the State of California WSCA Participating Addendum for wireless equipment and services, Contract 7-10-70-16 . f. All Verizon Wireless users shall have the option to maintain their current equipment and phone numbers. New users may port their numbers from other carriers. g . Existing Customers : Verizon Wireless will honor existing CWC scope, equipment and service pricing for all existing subscribers through a transition period as follows: - - - - - ---- - - -- -- • State Departments — completed line transition to WSCA by December 31 , 2010 • Local Governmental Agencies — completed line transition to WSCA by September 30, 20111 f—. 1m =Lines-for-EXiStii°iu Gustomers=Veriz011 VWreicSs in Continue o=accept an— process new orders from mandatory and non-mandatory State and local governmental agencies under the CWC products and services scope and pricing structure through a transition period as follows: • State Departments — final CWC order date November 15, 2010 • Local Governmental Agencies — final CWC order date December 31 , 2010 i . The CWC Contractors will work in partnership with the State to communicate this transition plan to our user community, both State and local governmental agencies. Verizon Wireless will, make the pricing set forth in the WSCA Master Price Agreement available to Local Governmental Agencies as of the Effective Date of this Participating Addendum, subject to execution of the required Individual User Agreement. The standard WSCA pricing will not be available to State Departments until the special State of California WSCA pricing has been agreed to and added to this Participating Addendum. Verizon Wireless and the State will work together so that special State of California WSCA pricing may be added to this Participating Addendum before November 15 , 2010 . J . Service levels during this transition period shall be no different than CWC service levels. k. Cell phone recycling shall continue as provided by the CWC. I . Reporting requirements shall be set forth in Exhibit A to this Participating Addendum. . . m. DGS Termination of Contract: The State may terminate this contract at any time upon 30 days prior written notice. Upon termination or other expiration of this contract, each party will assist the other party in orderly termination of the contract and the transfer of all assets, tangible and intangible, if applicable , as may facilitate the orderly, nondisrupted business continuation of each party. This provision shall not relieve the contractor of the obligation to perform under any purchase order or other similar ordering document executed prior to the termination becoming effective. n . Reports & Administrative Fee: Contractor shall submit report to the California Contract Administrator for all California purchases providing the following information : 2 Version 09/29/10 CALIFORNIA PARTICIPATING ADDENDUM WESTERN STATES CONTRACTING ALLIANCE (WSCA) WIRELESS EQUIPMENT AND SERVICES VERIZON WIRELESS MASTER SERVICE AGREEMENT. CONTRACT #7-10-7046 Agency Name Agency Contact Name Purchase Order Number Agency Address Purchase Order Date Agency Telephone Number WSCA Contract Number Total Purchase Order Amount Total Dollars for the quarter WSCA Administrative Fee Dollar Amount The Contractor shall submit a check, in addition to the report, payable to the State of California, Contract Administrator for the calculated administrative fee for an amount equal to one percent (0 . 01 ) of the sales for the quarterly period . This fee shall be included as an adjustment to-contractor's WSCA pricing and not invoiced or charged to the purchasing -- -- - - -- — - entity. - i Payment of the administrative fee by Contractor is due irrespective of status of payments on orders from users to Contractor. A._-- poi1tzI -.J . . - L - .- tui L L. ._A - rt LI_ -L I - ___ _. 1 H ividUit Its UUC e\ eIi-VHIivFi liivly 15 nU=aC>tiVlty— Ydl�7=i�2pCiF= llil UU�v-iiUC-iJilUlN=lfli: f �C� ui{ �i7- format or that excludes information will be deemed incomplete. Failure to submit reports and fees on a timely basis shall constitute grounds for suspension of this agreement. Reports and fee delivery will be in accordance with the following schedule. Calendar Quarter 1 (JUL 1 to SEP 30) Due OCT 31 Calendar Quarter 2 (OCT 1 to DEC 31 ) Due JAN 31 Calendar Quarter 3 (JAN 1 to MAR 31 ) Due APR 30 Calendar Quarter 4 (APR 1 to JUN 30) Due JUL 31 The administrative fee check and report should be submitted to the following address: Terry Munoz, Wireless Contract Administrator Department of General Services Procurement Division Contract Management Unit 2 707 Third Street, 2nd Floor; West Sacramento, CA 95605-2811 i o. The primary state government contact for this Participating Addendum is as follows : j Department of General Services, Procurement Division Multiple Award Program - WSCA -7 r17 TL. :...1 Qi.....i _ O ...JFF...," _ .�.AC ! V ! I IIIIU VLIGGL, Lllll I IVVI , IVIV 7r LVL West Sacramento, CA 95605 Contact: Terry Munoz E-mail : terry. munoz(Qdgs. ca. gov Phone: (916) 376-5482 Fax: (916) 376-4522 j p. The primary VERIZON WIRELESS CUSTOMER contacts , in escalation order for this Participating Addendum are as follows: VERIZON WIRELESS Address: 2795 Mitchell Drive 3 Version 09/29/10 i I CALIFORNIA PARTICIPATING ADDENDUM WESTERN STATES CONTRACTING ALLIANCE (WSCA) WIRELESS EQUIPMENT AND SERVICES VERIZON WIRELESS MASTER SERVICE AGREEMENT. CONTRACT #7404046 Walnut Creek, CA 94598 i Primary Contact: i Contact: Chris Rock, National Accounts Manager j E-Mail: Chris . RocknVerizonWireless. com Phone: 916 599-3003 I Secondary Contacts: Contact : Albert Lim , Associate Director i !-- - EmmaiI : Albert:LimCcr�.VerizonWireless—com Phone: 415 385-9500 Contact : Gianna Autry, Director E-Mail: Gianna.Autry@VerizonWireless.com Phone: 925 279-6420 I q . Price Agreement Number: The Master Price Agreement (or Participating Addendum) number for the Participating State of California is 7- 10-70- 16. The Master Price Agreement Number MUST be shown on all Purchase Orders issued against this Master Price Agreement. This Participating Addendum and the WSCA Master Price Agreement together with its exhibits and/or amendments , set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations or agreements, whether oral or written; with respect to the subject matter hereof. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Participating Addendum and _ the WSCA Master Price Agreement, together with its exhibits and/or amendments , shall not be added to or incorporated into this Participating Addendum or the WSCA Master Price Agreement and its exhibits and/or amendments , by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected . The terms and conditions of this Participating Addendum and the WSCA Master Price Agreement and its exhibits and/or amendments shall prevail and govern in the case of any such inconsistent or additional terms. r. Effective Dates: I This Participating Addendum shall be effective upon approval by the Department of General Services and will continue until the End Date of the WSCA Master Price Agreement. Amendments to the WSCA Master Price Agreement made by the Lead State(the State of Nevada) to extend the term date are automatically incorporated into this Participating 4 Version 09/29/10 CALIFORNIA PARTICIPATING ADDENDUM WESTERN STATES CONTRACTING ALLIANCE (WSCA) j WIRELESS EQUIPMENT AND SERVICES VERIZON WIRELESS MASTER SERVICE AGREEMENT. CONTRACT #740-70-16 Addendum unless terminated early in accordance with the terms and conditions of the WSCA Master Price Agreement or this Participating Addendum. s. Servicing Subcontractors: The Contractor, at this time, will not be using subcontractors to provide any products or services. — - - - - - By Sigriirrg below (Verion-Wireless)-agrees to Mier tiiesaiiie-wireless products and services as on the - -- -- -- - - - - - (Nevada State, contract 1523 at prices equal to or lower than the prices on that contract. IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below. i State of Ca ' nia : Verizon Wireless By: ( By: Name: Jim Butler Name: Todd Loccisano Title: Deputy Director Title: Executive Director, Sales Operations Date: 1 ` � ollu Date: `�Gl I 5 Version 09/29/10 ° CALIFORNIA PARTICIPATING ADDENDUM WESTERN STATES CONTRACTING ALLIANCE (WSCA) WIRELESS EQUIPMENT AND SERVICES VERIZON WIRELESS MASTER SERVICE AGREEMENT. CONTRACT #740-7046 Exhibit A Required Wireless Reporting Elements The following reports are required to be submitted by the contractor and shall reflect State and local governmental agencies usage and purchases under the contract for the respective month. Reports must contain at a minimum, but not limited to, the data elements identified within each report below. 1 . Overall Service Usage Report: Overall Service Usage Report i Required Fields Billing Account Name Data: Date Feature Plan ID Billing Account Number Data: Monthly List Access Price Pool Account # ata: Monthly Discounted/Actual Access Price _ Sub Account # _ _ _ Data: Plan Limit (Kilobytes) _ Agency Bill Code Data: Kilobytes of Use Report Periods (NIM(YYYY) Data: Kilobytes of Overage Current Plan Activation Date Data: Overage Charge Billing Cycle End Date ESN Contract # Month of Suspended Service: yes/no Unique Plan Identifier Surcharge Amount Plan Name Tax Amount i Plan Description Promotion Amount Unique User Identifier romotion Descri tion Voice: Monthly List Access Price Total Dollar Amount of Subscription Credit Applied- Voice: Monthly Discounted/Actual Access Price Additional Fees I Voice: Allowable Plan MOU- Monthly allotted anytime minutes Total Adjustments Voice: Plan MOU Total Monthly Charge Voice: Non-Plan MOU — Night/Weekend State/Local Voice: Non-Plan MOU — Mobile-Mobile Minutes Voice: Overage MOU Voice: Overage Charge (Total $) Voice: Roamin MOU Voice: Roaming Charge Voice: Long Distance Minutes _ _ _ -_ _ _._ . _ Vnino• Tn«n TiVMnnc. A wLM%AAA Voice: International Minutes of Use Voice: International Minutes Amount Walkie Talkie: Monihly List Access Price Walkie Talkie: Monthly Discounted/Actual Access Price Walkie Talkie: Allowable Plan MOU Walkie Talkie: Plan MOU Walkie Talkie: Overage MOU Walkie Talkie: Overage Charge (Total $) Text Messages: Allowable Number in Plan Text Messages: Number used in Plan Text Messages: Number used out of Plan/Overage Text Messages: Monthly Charge Text Messages: Overage Charge 6 Version 09/29/10 i CALIFORNIA PARTICIPATING ADDENDUM WESTERN STATES CONTRACTING ALLIANCE (WSCA) WIRELESS EQUIPMENT AND SERVICES VERIZON WIRELESS MASTER SERVICE AGREEMENT. CONTRACT #740-7046 2.) Overall Equipment Sales Report Overall Equipment Sales Report Required Fields Billing Account Name Billing Account Number Agency Billing Code Contractor Name I Manufacturer Model Description Agency Purchase Order Number Order Date Order Number p -= '=1P1GUlUG/-UFVSL'Gl-J W1111JJ1U1! ---- Person Placing Order/Designated Order Contact Catalog ID Catalog Version Manufacturer Model Identifier I Contractor Model Identifier Published List Price Price Billed Included Free Phone es/no Purchased at the.State discount: es/no Purchased with Cal-Card: es/no Quantity or ESN per phone State/Local i 3 . Voice & Combo Service Usage Report Voice & Combo Service Usage Report Required Fields Agency Pay Per Use Charges j Current Month Voice Related Service(including text Cost Center messages) Charges T...., _A........ � -YVVI AGGV LLIIL -�-� -�- - - -- - 1VKlt\.11CLL sAi Sub Account Dollar Amount of Subscription Credits Applied Contract Number Adjustments Subscriber Name State/Local Agency Order Number Plan Details Included Anytime Minutes Additional Anytime Minutes Total Anytime Minutes Overage Details Roaming Details Group Calling Details Total Billed MOU Total Unbilled MOU 7 Version 09/29/10 ' CALIFORNIA PARTICIPATING ADDENDUM WESTERN STATES CONTRACTING ALLIANCE (WSCA) WIRELESS EQUIPMENT AND SERVICES VERIZON WIRELESS MASTER SERVICE AGREEMENT. CONTRACT #7-104046 Current Billing Cycle Total MOU Text Messaging Details j Non-Usage Related Charges i 4. Data Service Usage Report I Data Service Usage Report i Required Fields Month/Year (NIM/YYYY) ! Contract #'s - - - — - Pool Account Sub Account # User Name Plan Name Plan Cost '=Inoluded=B es - -Bytes Used Overage Costs Non-Usage Related Fees Current Month Data Related Service Charges Previous Month Data Related Service Charges Total Charge Adjustments, Credits State/Local 5 . Format of DGS Contract Administrator Reports. The reports provided to the DGS Contract . Administrator shall reflect all usage (State departments and local governmental agencies) and purchases under the contract for the respective month. All reports shall be provided in electronic format compatible with Microsoft Excel and Access 97, 6. Format of Agency Reporting Requirements, Format of Agency Reports. The Contractor shall submit the following management report to the DGS Contract Administrator and to each ATR as requested. The reports shall reflect the Agency' s usage (State departments and local governmental agencies) under the contract for the respective month. All reports shall be provided in electronic format available by email, CD, FTP, etc.and compatible with Microsoft Excel and Access 97, with hardcopies _ avarlahle»non requ—st a.t ne_extrs cbarge.All renortingreau�sts by TAGS will go through the_T�CrS _____ 1" - - 1 - - _V 1_ �_ 1 !_ �.__-_V_ _ - -Contract Administrator. 7 . Custom Reports. The Contractor may provide custom reports as requested by. the DGS Contract Administrator or the ATR. All reporting requests by DGS will go through the DGS Contract Administrator. 8 Version 09/29/10 Quotation,Rates&Plans for Data,Voice,Push to Talk,&Text Date:March 13,2012 Client: Yorba Linda Water District Attention:Todd Howard Line Item Description Quantity Price Per Monthly Price month Extended Data(7 HTC Rezound) 1 71855 WSCA Unlimited Data for Smartphone(3G&4G) 7 $24.99 $174.93 Voice(45 Barrage+7 Rezound) 2 85191 WSCA National Consumption Voice Plan. No 52 Total Monthly Cost Based on monthly access charge,calls are 6 cents per Usage minute. Includes:no charge nights/weekends/Verizon mobile to mobile calls. Push To Talk(45 Barrage) 3 73869 Verizon Wireless Unlimited Push To Talk for 45 $10.00 $450.00 Barrage Text(Rezound&Barrage) Unlimited standard and picture/video text 4 75439 7 $12.00 $84.00 messaging(for Rezound) 5 76223 100 text messages,both standard&picture/video 45 $0.00 $0.00 messages,are included with the 6 cents per minute voice plan shown above at no extra charge (for Barrage) Joe Wigton Verizon Wireless 949-648-0699 ViffA7 wireless Joseph.wigton @verizonwireless.com ITEM NO. 10.1 AGENDA REPORT Meeting Date: May 24, 2012 Subject: Executive-Administrative-Organizational Committee (Hawkins/Melton) • Minutes of meeting held May 9, 2012 at 4:00 p.m. Meeting scheduled June 18, 2012 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 050912 EAO - Minutes.doc EAO Mtg Minutes 05/09/12 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT EXEC-ADMIN-ORGANIZATIONAL COMMITTEE MEETING May 9, 2012 A meeting of the Yorba Linda Water District's Executive-Administrative-Organizational Committee was called to order by Director Hawkins 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 Phil Hawkins, Chair Ken Vecchiarelli, General Manager Director Gary T. Melton Cindy Botts, Management Analyst OTHER ATTENDEES Eddie Beltran, Attorney, Kidman Law LLP Heather Stratman, Senior Director, Townsend Public Affairs Mark Schock, Resident 1. PUBLIC COMMENTS Mr. Schock asked the Committee to consider offering alternative records if the specific records requested during Public Records Requests are not available. He also requested the Committee not move forward with the proposed Draft Public Records Policy until he receives a list of the type of records that the District has available for Public Records Requests. Mr. Schock also noted that the title of the Public Records Policy may not have been properly agendized because the title of the draft policy does not match that in the agenda. 2. DISCUSSION ITEMS 2.1. Legislative Affairs Update (Verbal Report) Ms. Stratman gave an update on items of interest to the Yorba Linda Water District Board, including a matter of dispute regarding the OCTA Lakeview Avenue Overcrossing project. A future meeting will also be set up with OCTA, which Ms. Stratman will report on in at the next meeting. The Committee asked questions and discussed next-step processes. 2.2. First Report on 2012 Legislative Bills Mr. Beltran gave a report on the 2012 Legislative Bills that most pertain to the District, including SB 1002, which is a public records Bill stating that public records pdfs must be "searchable". Mr. Beltran also presented the Monthly Summary Report of legal costs for Kidman Law and answered questions regarding the status of legal services on various matters of interest and need. 1 2.3. Public Records Act Request Policy Mr. Beltran presented the current draft version of the policy to the Committee. The Committee asked questions and discussed next-step processes. 2.4. Customer Service Feedback Report Mr. Vecchiarelli presented the current version of the Customer Service Feedback Report. The Committee asked questions and requested that the data include additional charts on overall percentage of customer satisfaction. 2.5. Future Use of Community Service Signage (Verbal Report) Mr. Vecchiarelli presented additional information regarding the City of Yorba Linda's request for joint-use of the community service signs. The Committee discussed this issue and acknowledged that the Public Affairs, Communication and Technology Committee will be reviewing this item in the future. 2.6. Directors and General Manager Fees & Expenses (January-March 2012) Mr. Vecchiarelli presented the Directors and General Manager Fees and Expenses for the first quarter of 2012. The Committee reviewed the report. There were no questions or comments. 2.7. Status of Strategic Plan Initiatives Ms. Botts presented the March 2012 Strategic Plan Updates, which were revised since the last meeting. 2.8. General Counsel's Monthly Summary Report Mr. Vecchiarelli requested the Committee add the report to the agenda as the invoices and summary were received on Monday May 7, 2012, after the agenda for the Committee Meeting was already posted. Furthermore, items if impact relating to the litigation matters to be discussed in closed session were both time sensitive and affecting counsel's summary report directly. Directors Hawkins and Melton agreed to add the item to the agenda. Mr. Beltran presented the summary report and answered questions from the Committee related to legal counsel's efforts and related expenses, both monthly and year to date. 2.9. Future Agenda Items and Staff Tasks ■ Alternative Work Schedule Comparison Data 2 Mr. Beltran requested to add the following Closed Session to the agenda as there was a need to take immediate action and the need for action came to his attention subsequent to the agenda being posted. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: Itani, et al vs. YLWD (OC Superior Court — Case No. 00124906) Name of Case: Johnson, et al vs. YLWD, et al (OC Superior Court — Case No. 00125994) Name of Case: State Farm General Insurance Company vs. YLWD (OC Superior Court — Case No. 00311353) Name of Case: Weiss vs. YLWD (OC Superior Court - Case No. 00319080) Name of Case: Lindholm vs. YLWD, et al (OC Superior Court - Case No. 00320239) Name of Case: Travelers Commercial Insurance Company vs. YLWD (OC Superior Court - Case No. 00327152) Name of Case: Manista vs. YLWD, et al (OC Superior Court - Case No. 00332968) Name of Case: American Security Insurance Company, et al vs. YLWD (OC Superior Court - Case No. 00348304) Name of Case: Buc vs. YLWD (OC Superior Court — Case No. 00409755) Name of Case: Interinsurance Exchange of the Automobile Club vs. YLWD (OC Superior Court - Case No. 00425404) Name of Case: ACWA/JPIA, et al vs. Insurance Company of the State of Pennsylvania, et al (OC Superior Court — Case No. 00486884) Directors Hawkins and Melton agreed to add the item to the agenda. The Committee adjourned to Closed Session to discuss the above matter at 5:12 p.m. Directors Hawkins and Melton were present. Also present were Messrs. Vecchiarelli and Beltran. 3 The Committee reconvened in Open Session at 5:30 p.m. Director Hawkins announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 3. ADJOURNMENT 3.1. The meeting was adjourned at 5:30 p.m. The next meeting of the Executive-Administrative-Organizational Committee will be held June 18, 2012 at 4:00 p.m. 4 ITEM NO. 10.3 AGENDA REPORT Meeting Date: May 24, 2012 Subject: Personnel-Risk Management Committee (Beverage/Collett) Minutes of meeting held May 8, 2012 at 4:00 p.m. • Meeting scheduled June 12, 2012 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 050812 PRM - Minutes.doc PRM Mtg Minutes 05/08/12 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PERSONNEL-RISK MANAGEMENT COMMITTEE MEETING May 8, 2012 A meeting of the Yorba Linda Water District's Personnel-Risk Management 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 Ken Vecchiarelli, General Manager Director Ric Collett Gina Knight, Human Resources Manager 1. PUBLIC COMMENTS None. 2. ACTION CALENDAR 2.1. Request for Proposals for an Organizational Efficiency Study At the request of the Committee's Chairperson, staff presented this action item for the second time. The Committee requested this item be brought to the full Board of Directors for discussion and to consider the authorization of staff to prepare a Request for Proposals for Professional Services toward the preparation of an Organizational Efficiency Study at the next Board of Directors meeting of May 24, 2012. 2.2. Request to Add a Temporary, Part-Time File Clerk Position The Committee discussed this item and recommends staff replace the proposed part-time file clerk position with a records management intern position. Staff added a second intern position during the District's budget process for FY 2011/2012. This second intern position was included in the FY 2012/2013 budget process as well. The funds available for this previous intern position will be allocated for the records management intern position. 2.3. Short-Term Disability Insurance Staff presented the Committee with a revised proposal to provide short- term disability insurance for the District's full-time employees and life insurance benefits to the Board of Directors. The Committee requested this action item be presented to the full Board of Directors at the May 24, 2012 Board of Directors meeting. 2.4. Claim Filed by Thomas Barker The Committee discussed the claim filed by Thomas Barker and will recommend to the Board of Directors to reject this claim at the May 24, 2012 Board of Directors meeting. 1 2.5. Claim Filed by Mamco The Committee discussed the claim filed by Mamco and will recommend to the Board of Directors to reject and refer the claim to ACWA/JPIA at the May 24, 2012 Board of Directors meeting. 3. DISCUSSION ITEMS 3.1. Human Resources/Risk Management/Safety Activity The Committee reviewed and discussed the department's activity log. Staff reported that on April 23, 2012 the District received a check in the amount of $2,460.84 from the Southern California Gas Company for damages to one of the District's water service line on Rose Drive. 3.2. Status of Recruitments and Budgeted Positions Staff reported that offers of employment had been extended to two successful candidates from both recruitments: the Maintenance Worker I and Customer Services Supervisor. 3.3. Future Agenda Items and Staff Tasks None. 4. ADJOURNMENT 4.1. The meeting was adjourned at 5:00 p.m. The next meeting of the Personnel-Risk Management Committee will be held June 12, 2012 at 4:00 p.m. 2 ITEM NO. 10.4 AGENDA REPORT Meeting Date: May 24, 2012 Subject: Planning-Engineering-Operations Committee (Collett/Kiley) Minutes of meeting held May 3, 2012 at 4:00 p.m. Meeting scheduled June 7, 2012 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 050312 - PEO Minutes.docx PEO Mtg Minutes 05/03/12 Backup Material MINUTES OF THE YORBA LINDA WATER DISTRICT PLANNING-ENGINEERING-OPERATIONS COMMITTEE MEETING May 3, 2012 A meeting of the Planning-Engineering-Operations 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 Robert R. Kiley Steve Conklin, Engineering Manager Lee Cory, Operations Manager John DeCriscio, Chief Plan Operator OTHER ATTENDEES Residents of the Hidden Hills community, including Cheri Ramocinski, David Ramocinski, and Mark Schock. 1. PUBLIC COMMENTS None. 2. ACTION CALENDAR 2.1. Potential Northeast Developments and Proposed District Planning Study Mr. Conklin reported that, based on meetings over the last two years, two residential development projects in the last undeveloped areas of ID-1 (the Sage/Cielo Vista Project and the Yorba Linda Estates Project) appear to be moving forward. Recent discussions have centered on ensuring that the potential projects work closely together (totaling approximately 480 residential lots) to develop a master-planned water system infrastructure that integrates with the District's existing system. In order to adequately consider the multiple issues and options for the potential developments and intertie with the surrounding water service zones in the northeasterly area of the District, staff recommends that a planning study be performed. The planning study would include hydraulic modeling as well as water quality analyses modeling. The Committee discussed the issues and tasks to be addressed in the modeling and the planning study (estimated to cost in the range of $100,000 to $125,000), and supported the staff recommendation that the Board authorize staff to proceed with final preparation of an RFP and solicit proposals for the Northeast Area Water Service Planning Study. 1 2.2 Award of Construction Contract for Pressure Regulating Stations Upgrade Project, Phase 1 At the beginning of the committee meeting, Mr. Vecchiarelli requested that this item be added to the agenda as Item 2.2. He noted that this construction project includes retrofit work in Van Buren Street in front of Van Buren Elementary School that is scheduled for completion this summer, when school is out. Following discussion, the Committee voted to add this item to the agenda. Mr. Conklin reported that the District's CIP for FY 11/12 includes a budget of $500,000 for refurbishing and upgrading four pressure reducing stations in need of repair due to aging and deteriorating conditions. Design plans were prepared by the District's engineering consultant. At the completion of design, the engineer prepared an estimate of the cost of construction which was $538,000. Six bids were received on May 1, with a low bid of $597,020. He noted that this bid appears to be realistic, because the three lowest bids (from $597,020 to $627,479) are within 5% of each other. Mr. Conklin indicated that, given that the low bid was greater that the project budget, an estimate of all of the costs associated with the Phase 1 upgrade project was prepared. The estimate of $784,000 was reviewed with the committee, which includes consulting engineering for design and construction services, permits, materials testing, District labor and materials, and construction cost (with 10% contingency included). Following discussion, the PEO Committee asked that staff monitor all costs associated with the Phase 1 Upgrade Project and return to the Committee with findings and recommendations before proceeding with Phase 2 work. The Committee also supported the staff recommendation that the Board award the Phase 1 contract to the low bidder, Vido Samarzich, Inc., in the amount of $597,020. In addition, the Committee asked that staff provide information at the Board meeting, comparing the breakdown of the Engineer's Estimate of construction cost with the breakdown from the low-bid. 3. DISCUSSION ITEMS 3.1. Operational Practices During Red Flag Days Mr. DeCriscio presented a memo and documentation he prepared in response to the request of the Board at its April 12, 2012 meeting. The Board requested that the PEO Committee look into the report presented by Hidden Hills resident, Mr. Mark Schock, relating to the amount of water in storage during Red Flag Warning periods. In Mr. DeCriscio's April 14, 2012 memo, he noted that the report by Mr. Schock focuses heavily on percentage of water rather than volume of water in storage. Mr. DeCriscio also noted that the report by Mr. Schock did not consider the overall demands during the time-periods in question. Further, Mr. DeCriscio noted that during one of the days referenced by Mr. Schock, the District was cut off from its import water supply due to a MWD scheduled 7-day 2 shutdown. Mr. DeCriscio went on to note that the District does not operate its reservoirs based on percentage or storage tank capacities. Rather, the goal of the District is to meet the water demands of the customers while achieving the California Dept of Health Services regulations for water quality. Mr. DeCriscio presented his documentation table for Chino Hills, Hidden Hills, and Santiago reservoirs, in which he showed the same dates and data used by Mr. Schock for Red Flag Warning (RFW) Periods. For each date noted, Mr. DeCriscio added the Zone Demand, System-wide demand and the calculated water volume at those times of the "Number of Days of Water in Storage + 180,000 gallons." This latter calculation indicates how many days of water demand could be met at the current demand rate, at the indicated date and time, separate from the volume of water also in storage (180,000 gallons) to meet fire flow requirements established by OCFA. Based on calculations by Mr. DeCriscio, his table indicates that Chino Hills Reservoir has in the range of 0.7 to 1.05 days of water in storage (for the indicated dates and times) plus 180,000 gallons for OCFA fire demands. For Santiago Reservoir, the values are 0.54 to 1.86 days of water in storage plus fire flow storage. For Hidden Hills Reservoir, the values are 0.67 to 6.07 days of water plus fire flow storage. It should be noted that the two values for Hidden Hills Reservoir are at the beginning and the end of the MWD shutdown and are not typical for Hidden Hills Reservoir. If those significantly high and low values are excluded, the range of values for Hidden Hills Reservoir are 1.65 to 3.97 days of water plus fire flow storage. (Note that excluding the storage values for the start and end of the MWD shutdown for Chino Hills and Santiago reservoirs would have a negligible effect on the high and low values.) In summary, what these values show is that, for the dates and times indicated, Hidden Hills Reservoir generally had twice the number of days of water in storage than Chino Hills or Santiago reservoirs. Mr. DeCriscio reemphasized that staff is monitoring demand-days in storage and not percent of capacity in storage. Using demand days, Operations staff are considering real-time demand conditions and their understanding of the system. Mr. Schock thanked District staff for the information. He also noted that he has reiterated his request for system data for the time periods leading up to the Red Flag Warning dates. Mr. Vecchiarelli acknowledged receipt of Mr. Schock's request. Mr. Ramocinski asked if the air release valve at the top end of Hidden Hills Road (at the gate) is still the highest such valve. Mr. Vecchiarelli indicated that the new pipe installed from that point up to the reservoir has an uphill slope which means that any air in the line will vent into the reservoir. Mr. Schock asked if he could be provided a copy of the colored map used for the discussion concerning the proposed Yorba Linda Estates Project. 3 3.2. Monthly Groundwater Production and Purchased Import Water Report Mr. Conklin reported that for April 2012, the District's water use was 18.7% under our projected estimate, and for the 10 months of FY11/12, we are 5.4% under. Our current groundwater percentage is a cumulative 46.6%, which is on target for ending the FY at our goal of 48.1%. It was noted that we are currently receiving In-lieu water due the desire of MWD to put more into storage. It is anticipated that In-lieu will continue through June 2012. 3.3. Monthly Operations and Maintenance Reports Mr. DeCriscio reported on the Monthly Production Summary Report for April, noting water production, weather conditions and water-quality information. He also provided information on equipment out of service and returned to service, PMs performed on major system components, and after-hours response calls. Mr. Cory reported on the Preventative and Reactive Maintenance Report for the month. He noted that the crew is now on the second pass this year on hydrant inspection and service. Mr. Cory reported that the goal of turning/operating half of all our valves each year has been met. He noted that he will plan to provide an update to the Board and CAC on our program of valve testing and marking. Mr. Cory indicated that the PRV service team is in the process of servicing the valves on our 40 stations for the third time this year. He noted that we are approaching the end of our first year of servicing the east side sewers, since taking ownership July 1, 2011. He will be providing a one-year status report to PEO in late summer or early fall. 3.4. Groundwater Producers Meeting Report Mr. Conklin reported on items discussed at the Groundwater Producers meeting at OCWD in April. 3.5. Status Report on Capital Projects in Progress Mr. Conklin reported on the status of capital projects in planning, design and construction. 3.6. Status of Strategic Plan Initiatives Mr. Conklin reported on the status of strategic plan objectives relating to District Engineering and Operations. 3.7. Future Agenda Items and Staff Tasks None. 4. ADJOURNMENT 4.1. The meeting adjourned at 5:50 p.m. The next meeting of the Planning- Engineering-Operations Committee will be held June 7, 2012 at 4:00 p.m. 4 ITEM NO. 10.5 AGENDA REPORT Meeting Date: May 24, 2012 Subject: Public Affairs-Communications-Technology Committee (Melton/Beverage) Minutes of meeting held May 14, 2012 at 4:00 p.m. Meeting scheduled June 11 , 2012 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 051412 PACT - Minutes.docx PACT Mtg Minutes 05/14/12 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PUBLIC AFFAIRS-COMMUNICATIONS-TECHNOLOGY COMMITTEE MEETING May 14, 2012 A meeting of the Public Affairs-Communications-Technology Committee was called to order by Director Melton 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 Gary T. Melton, Chair Ken Vecchiarelli, General Manager Director Michael J. Beverage Art Vega, Interim IT Manager Steve Conklin, Engineering Manager Cindy Botts, Management Analyst 1. PUBLIC COMMENTS None. 2. ACTION CALENDAR 2.1. Draft 2012 Water Quality Report Mr. Conklin presented the Draft 2012 Water Quality Report. The Committee reviewed the Report and asked questions, which Mr. Conklin answered. The Committee recommended advancing the Report to the full Board on May 24th for final approval. 2.2. Cell Phone Service Consolidation The Committee reviewed the contract for cell phone service consolidation from At&T and Sprint/Nextel to Verizon. Mr. Vega answered questions about current problems in service and how the proposed service provider intends to address those issues. 3. DISCUSSION ITEMS 3.1. Computerized Maintenance and Management System Project Status Mr. Vega updated the Committee on the status of the project and answered questions about the possible need for further training. 3.2. Sewer Facilities GIS Conversion Status (Verbal Report) Mr. Vega updated the Committee on the status of the project and estimated that the project implementation would be fully complete by the end of summer 2012. 3.3. Proposed Bottled Water Policy Ms. Botts presented a draft version of the Bottled Water Policy based on the Committee's recommendations. The Committee reviewed the policy 1 and Ms. Botts answered questions about the possibility of additional financial resources needed. 3.4. Future Use of Water Conservation Community Signage (Verbal Report) The Committee discussed the current status of collaboration with YLWD and City of YL staff on re-designing the signs for joint use. The Committee suggested moving forward with a design about controlling runoff. 3.5. Public Outreach Activities Ms. Botts presented the current public outreach activities and detailed changes that might occur with the implementation of the Bottled Water Policy. 3.6. Status of Strategic Plan Initiatives Mr. Vega and Ms. Botts addressed Committee questions regarding the update of strategic plan initiatives. 3.7. Reschedule June PACT Committee Meeting The Committee rescheduled the next meeting to June 11, 2012 at 4:00 p.m. 3.8. Future Agenda Items and Staff Tasks The Committee asked staff to move forward on the ordering of public events collateral, including bottled water & table wraps in blue with the YLWD logo in white. The Committee also suggested contacting the OC Register local correspondent to propose including a small story in the Yorba Linda Star on the District's GFOA Budget Award. 4. ADJOURNMENT 4.1. The meeting was adjourned at 5:15 p.m. The next meeting of the Public Affairs-Communications-Technology Committee will be held June 11, 2012 at 4:00 p.m. 2 ITEM NO. 12.1 AGENDA REPORT Meeting Date: May 24, 2012 Subject: Meetings from May 25, 2012 - June 30, 2012 Aw ATTACHMENTS: Name: Description: Type: BOD - Activities Calendar.pdf BOD Activity Calendar Backup Material Board of Directors Activity Calendar Event Date Time Attendance by: May 2012 District Offices Closed Fri, May 25 7:OOAM District Offices Closed Mon, May 28 7:OOAM Citizens Advisory Committee Meeting Tue, May 29 8:30AM Beverage Board of Directors Workshop Meeting Thu, May 31 8:OOAM ISDOC Thu, May 31 11:30AM Collett June 2012 District Offices Closed Fri, Jun 1 7:OOAM WACO Fri, Jun 1 7:30AM Hawkins Yorba Linda City Council Tue, Jun 5 6:30PM Hawkins MWDOC/MWD Workshop Wed, Jun 6 8:30AM /Staff OCWD Board Wed, Jun 6 5:30PM Kiley/Staff Planning-Engineering-Operations Committee Meeting Thu, Jun 7 4:OOPM Collett/Kiley District Offices Closed Fri, Jun 8 7:OOAM Pub Affairs-Communications-Tech Committee Meeting Mon, Jun 11 4:OOPM Melton/Beverage Personnel-Risk Management Committee Meeting Tue, Jun 12 4:OOPM Beverage/Collett Yorba Linda Planning Commission Wed, Jun 13 7:OOPM Kiley Board of Directors Regular Meeting Thu, Jun 14 8:30AM District Offices Closed Fri, Jun 15 7:OOAM Exec-Admin-Organizational Committee Meeting Mon, Jun 18 4:OOPM Hawkins/Melton Yorba Linda City Council Tue, Jun 19 6:30PM Melton MWDOC Board Wed, Jun 20 8:30AM Melton/Staff LAFCO Wed, Jun 20 9:OOAM Beverage OCWD Board Wed, Jun 20 5:30PM Kiley/Staff Board of Directors Special Meeting Thu, Jun 21 6:30PM District Offices Closed Fri, Jun 22 7:OOAM Citizens Advisory Committee Meeting Mon, Jun 25 8:30AM Beverage Finance-Accounting Committee Meeting Mon, Jun 25 4:OOPM Kiley/Hawkins Yorba Linda Planning Commission Wed, Jun 27 7:OOPM Collett Board of Directors Regular Meeting Thu, Jun 28 8:30AM District Offices Closed Fri, Jun 29 7:OOAM 5/17/2012 2:35:41 PM