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HomeMy WebLinkAbout2014-06-26 - Board of Directors Meeting Agenda PacketYorba Linda '"Water District AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, June 26, 2014, 8:30 AM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Robert R. Kiley, President Ric Collett, Vice President Michael J. Beverage Phil Hawkins Gary T. Melton 4. ADDITIONS /DELETIONS TO THE AGENDA 5. PUBLIC COMMENTS Any individual wishing to address the Board is requested to identify themselves and state the matter on which they wish to comment. If the matter is on the agenda, the Board will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. 6. CONSENT CALENDAR All items listed on the consent calendar are considered to be routine matters, status reports, or documents covering previous Board instructions. The items listed on the consent calendar may be enacted by one motion. There will be no discussion on the items unless a member of the Board, staff, or public requests further consideration. 6.1. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $1,704,290.61. 6.2. Progress Payment No. 14 for the Yorba Linda Blvd Pump Station Project Recommendation: That the Board of Directors approve Progress Payment No. 14 in the net amount of $26,124.38 to ECI, Inc. for construction of the Yorba Linda Blvd Pump Station Project, Job No. 2008 -17B. 6.3. Final Progress Payment No. 3 for Well 21 Drilling Contract Recommendation: That the Board of Directors approve Final Progress Payment No. 3 in the net amount of $96,758.45 to Bakersfield Well and Pump, Co. and 5% retention of $5,092.55; authorize staff to file the Notice of Completion and release the retention thirty five days following recordation, if no liens have been filed; release the Labor and Material Bond; and release the Faithful Performance Bond in one year if no defects have been found for the Drilling of Well No. 21, Job No. 2009- 22. 6.4. Final Progress Payment No. 10 for the 2012 Waterline Replacement Project, Phase II Recommendation: That the Board of Directors approve Final Progress Payment No. 10, in the net amount of $114,180.88, to TBU Inc. and 5% retention of $6,009.52; authorize staff to file the Notice of Completion and release the retention thirty five days following recordation, if no liens have been filed; release the Labor and Material Bond; and release the Faithful Performance Bond in one year if no defects have been found for the construction of the 2012 Waterline Phase 11 Project, Job No. 201120. 6.5. Terms and Conditions for Water and Sewer Service with Shapell Homes for Tract 16208 Recommendation: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with Shapell Homes for Tract 16208, Job No. 201406. 6.6. Terms and Conditions for Water and Sewer Service with Shapell Homes for Tract 17653 Recommendation: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with Shapell Homes for Tract 17653, Job No. 201407. 6.7. Terms and Conditions for Water and Sewer Service with Shapell Homes for Tract 17654 Recommendation: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with Shapell Homes for Tract 17654, Job No. 201408. 7. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 7.1. MWDOC Turf Removal Program Agreement Recommendation: That the Board of Directors authorize the Acting General Manager to execute the Agreement for Participation in the MWDOC Turf Removal Program. 7.2. Professional Services Agreement with Norman A. Traub Associates. Recommendation: That the Board of Directors authorize the General Manager to execute a Professional Services Agreement with Norman A. Traub Associates to provide investigative services and background checks. 7.3. Liebert Cassidy Whitmore Legal Services Recommendation: That the Board of Directors approve the proposed rate increase for legal services provided by Liebert Cassidy Whitmore. 8. REPORTS, INFORMATION ITEMS, AND COMMENTS 8.1. President's Report 8.2. Directors' Reports 8.3. Acting General Manager's Report 8.4. General Counsel's Report 8.5. Future Agenda Items and Staff Tasks 9. COMMITTEE REPORTS 9.1. Executive - Administrative - Organizational Committee (Kiley / Collett) Minutes of the meeting held June 9, 2014 at 4:00 p.m. Next meeting is scheduled to be held July 14, 2014 at 4:00 p.m. 9.2. Finance - Accounting Committee (Hawkins / Beverage) • Minutes of the meeting held June 23, 2014 at 4:00 p.m. (To be provided at the next regular Board meeting.) • Next meeting is scheduled to be held July 28, 2014 at 4:00 p.m. 9.3. Personnel -Risk Management Committee (Hawkins / Melton) • Minutes of the meeting held June 10, 2014 at 4:00 p.m. • Next meeting is scheduled to be held July 8, 2014 at 4:00 p.m. 9.4. Planning- Engineering- Operations Committee (Melton / Beverage) • Minutes of the meeting held June 5, 2014 at 10:00 a.m. • Next meeting is scheduled to be held July 3, 2014 at 4:00 p.m. 9.5. Public Affairs - Communications - Technology Committee (Collett / Kiley) Minutes of the meeting held June 11, 2014 at 4:00 p.m. Next meeting is scheduled to be held July 7, 2014 at 4:00 p.m. 9.6. Organizational Performance Review Ad Hoc Committee (Beverage / Hawkins) Meeting held June 17, 2014 at 4:00 p.m. Next meeting is yet to be scheduled. 9.7. YLWD -City of Placentia Joint Agency Committee (Beverage / Melton) • Minutes of the meeting held May 12, 2014 at 4:00 p.m. (To be provided at the next regular Board meeting.) • Next meeting is yet to be scheduled. 9.8. YLWD -City of Yorba Linda Joint Agency Committee (Kiley / Collett) • Minutes of the meeting held June 24, 2014 at 5:00 p.m. (To be provided at the next regular Board meeting.) • Next meeting is yet to be scheduled. 9.9. YLWD - MWDOC -OCWD Joint Agency Committee (Kiley / Beverage) Next meeting is scheduled to be held July 22, 2014 at 4:00 p.m. 10. INTERGOVERNMENTAL MEETINGS 10.1. YL City Council - June 17, 2014 (Collett) 10.2. MWDOC Board - June 18, 2014 (Melton) 10.3. OCWD Board - June 18, 2014 (Collett) 10.4. YL LMCAC - June 23, 2014 (Collett) 10.5. OCSD - June 25, 2014 (Kiley) 10.6. YL Planning Commission - June 25, 2014 (Melton) 11. BOARD OF DIRECTORS ACTIVITY CALENDAR 11.1. Meetings from June 27, 2014 - July 31, 2014 12. 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. 12.1. Conference with Real Property Negotiators Pursuant to Section 54956.8 of the California Government Code Property: 4622 Plumosa Drive, Yorba Linda CA Agency Negotiators: Steve Conklin Negotiating Parties: To Be Determined Under Negotiation: Price and Terms of Payment 12.2. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Related to potential claim submitted on behalf of Charles Busch. Number of Potential Cases: One 12.3. Public Employment (Recruitment) Pursuant to Section 54957 of the California Government Code Title: General Manager 13. ADJOURNMENT 13.1. The next Regular Board of Directors Meeting will be held Thursday, July 10, 2014 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. Meeting Date: To: From: Presented By: Prepared By: Subject: SUMMARY: AGENDA REPORT June 26, 2014 Board of Directors Steve Conklin, Acting General Manager Delia Lugo, Finance Manager Richard Cabadas, Accounting Assistant I Budgeted: Cost Estimate Funding Source: Dept: Reviewed by Legal CEQA Compliance: Payments of Bills, Refunds, and Wire Transfers ITEM NO. 6.1 Yes $1,704,290.61 All Funds Finance N/A N/A 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 $1,704,290.61. DISCUSSION: The major items and wires on this disbursement list are as follows: A check of $96,039.10 to ACWA /JPIA for July 2014 medical and dental premium; a check of $463,661.75 to Bakersfield Well & Pump for progress payments #2 and #3; a check of $58,746.80 to So. Cal. Edison for May 2014 electricity charges; a check of $114,180.88 to TBU Inc., for progress payment #10; and a wire of $536,058.75 to MWDOC for April 2014 water purchases. The balance of $198,536.12 is routine invoices. The Accounts Payable check register total is $1,467,223.40; Payroll No. 12 is $237,067.21; and the disbursements of this agenda report are $1,704,290.61. 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: CkReg062614.pdf 14 CC 0626.pdf 14 -CS 0626.pdf Approved by the Board of Directors of the Yorba Linda Water District 6/26/2014 PH /RC 5 -0 Description: CHECK REGISTER CREDIT CARD SUMMARY CAP SHEET Type: Backup Material Backup Material Backup Material Yorba Linda Water District Check Register For Checks Dated: 06/13/2014 thru 06/26/2014 Check No. Date Vendor Name Amount Description 63622 06/26/2014 ACWA /JPIA 96,039.10 MEDICAL & DENTAL PREM - JULY 63602 06/26/2014 ALISON KRIGBAUM 16.33 CUSTOMER REFUND 63623 06/26/2014 Anaheim Wheel & Tire 175.00 MOUNT AND BALANCETIRES #172 63624 06/26/2014 Annie Alexander 2,540.00 TUITION REIMBURSEMENT 63625 06/26/2014 Apollo Technologies Inc. 430.00 WATER TREATMENT - CLOSED LOOPS 63626 06/26/2014 Aqua- Metric Sales Co. 12,956.03 WAREHOUSE STOCK 63627 06/26/2014 Aquatic Inspections, Inc. 1,000.00 SEDIMENT REMOVAL - LAKEVIEW 63628 06/26/2014 Aramark 1,085.06 UNIFORM SERVICE 63636 06/26/2014 ARC 411.73 J2013 -20 - PLANWELL DATA NETWORK 63629 06/26/2014 Bakersfield Well & Pump Company 463,661.75 J2009 -22 #21 - PROG PMT 2 & 3 63630 06/26/2014 Bob Peters Fire Protection Inc 700.00 ANNUAL FIRE SPRINKLER SERVICE 63610 06/26/2014 BRIDGETTE CASALE 15.60 CUSTOMER REFUND 63631 06/26/2014 CalCard US Bank 16,091.33 CREDIT CARD TRANSACTIONS - MAY 2014 63632 06/26/2014 CDM Smith 34,243.46 J2009 -22 #21 -PROF HYDROGEO SVC 63680 06/26/2014 City Of Anaheim 16,750.07 RICHFIELD - ELEC - MAY 2014 63601 06/26/2014 CITY OF PLACENTIA 5,261.33 CUSTOMER REFUND 63633 06/26/2014 Coastline Equipment 38.24 RELAY SWITCH 63635 06/26/2014 Community Lock & Safe Service, Inc. 31.44 KEYS 63611 06/26/2014 CONRAD GALLAGHER 128.72 CUSTOMER REFUND 63651 06/26/2014 Costco Online 34.77 PICNIC SUPPLIES 63681 06/26/2014 CS -amsco 5,137.71 DOUBLE DOOR VALVE & SHIPPING HANDLING FEE 63618 06/26/2014 DANILLE PARKS 74.91 CUSTOMER REFUND 63637 06/26/2014 Dapper Tire Co. Inc. 593.31 P255/65R17 TIRE - #172 63638 06/26/2014 Dell Marketing L.P. 4,816.84 OPTIPLEX 9020 MINI TOWER 63639 06/26/2014 Denise Salazar - Silbas 117.66 REFUND - OVERPAYMENT 63640 06/26/2014 Donut Designs 500.00 YLWD.COM SITE UPDATES 63617 06/26/2014 DOUG QUEEN 152.70 CUSTOMER REFUND 63641 06/26/2014 Eisel Enterprises, Inc. 1,483.92 J2013 -01 63642 06/26/2014 Environmental Construction Inc 26,124.38 J2008 -17B 63650 06/26/2014 Environmental Equipment Supply 241.12 HARDWARE SUPPLIES - #E185 63643 06/26/2014 Equarius Waterworks 4,183.92 CONUSLTING OCTOBER 2009 63644 06/26/2014 Fleet Services, Inc 1,394.50 RACCOR FILTER 63645 06/26/2014 Grandpoint Bank 1,374.97 J2008 -17B - RETENTION NO.14 63646 06/26/2014 Graybar Electric Co 347.95 S1300 115VUL AC ADAPTER 63647 06/26/2014 Haaker Equipment Co. 110.82 COUPLERS - #168 63648 06/26/2014 Hall & Foreman, Inc 1,620.00 J2013 -04S, J2013 -15S & 2009 -11 63649 06/26/2014 Harrington Industrial 440.85 Receivings Transaction Entry 63608 06/26/2014 ILIANATSAI 159.80 CUSTOMER REFUND 63652 06/26/2014 Infosend Inc. 2,426.81 DATA PROCESSING AND MAIL PREP 63654 06/26/2014 J & S Construction 11,475.00 CONCRETE REPAIR 63653 06/26/2014 Jackson's Auto Supply - Napa 434.02 AUTOMOBILE MAINTENANCE 63600 06/26/2014 JOE VALLIERES 107.28 CUSTOMER REFUND 63621 06/26/2014 JOHNSON PELTIER ELECTRIC 854.44 CUSTOMER REFUND 63616 06/26/2014 KHAN H DAD 66.07 CUSTOMER REFUND 63655 06/26/2014 Koff & Associates, Inc 3,360.00 PDQ REVIEW 63656 06/26/2014 Lee & Ro, Inc. 4,346.00 J2008 -17B - PROF SERVICES 63609 06/26/2014 LORIE HART 36.22 CUSTOMER REFUND 63657 06/26/2014 Marina Landscape, Inc 8,424.68 MONTHLY MAINTENANCE - MAY 2014 63658 06/26/2014 Mc Fadden -Dale Hardware 345.77 WAREHOUSE SUPPLIES 63659 06/26/2014 Mc Master -Carr Supply Co. 378.97 HARDWARE SUPPLIES 63634 06/26/2014 Merging Communications, Inc. 192.50 PAGING /TELECOM ISSUES. 63679 06/26/2014 Municipal Water District 95.00 RESIDENTIAL SMART TIMER PROG W061314 06/13/2014 Municipal Water District 536,058.75 MWDOC WTR PURCHASE - APRIL 14 63660 06/26/2014 Nicholas A. Hollon 161.99 SAFETY BOOT ALLOWANCE 63661 06/26/2014 Nickey Kard Lock Inc 6,453.16 FUEL 63662 06/26/2014 Norman A. Traub Associates 2,640.00 BACKGROUND INVESTIGARTION 63663 06/26/2014 Orvac Electronics 163.19 IT HARDWARE SUPPLIES 63604 06/26/2014 P N MEHTA 84.31 CUSTOMER REFUND 63620 06/26/2014 PAN PACIFIC MGMT 396.81 CUSTOMER REFUND 63664 06/26/2014 Powerstride Battery 356.61 GROUP 31 & 65 BATTERY 63613 06/26/2014 PRINCE & FERGIE LLC 356.97 CUSTOMER REFUND 63665 06/26/2014 Quinn Power Systems Associates 490.08 SHOP SUPPLIES 63670 06/26/2014 Rachel Padilla /Petty Cash 376.72 PETTY CASH & YARD - OFFICE 63607 06/26/2014 ROBERT ISRAEL 42.88 CUSTOMER REFUND 63666 06/26/2014 Robertson's 388.48 SHORT LOAD - CONCRETE 63667 06/26/2014 Robyn Shaw 159.47 TRAVEL EXP - REIMBURSEMENT 63612 06/26/2014 RUBY MEADOW VILLAGE PROPERTIES LLC 112.41 CUSTOMER REFUND 63668 06/26/2014 SC Prime Source Inc. 4,800.00 JANITORIAL SERVICE - JUNE 2014 63669 06/26/2014 Southern Calif Edison Co. 58,746.80 2688/7573/4959 - ELEC CHARGES - MAY 2014 63671 06/26/2014 Stater Bros. Markets 76.60 GROCERIES 63672 06/26/2014 Step Saver Inc 450.88 EXTRA COURSE SALT 63673 06/26/2014 Steven Engineering 764.69 PHOENIX PLC -RPT COMPL 63619 06/26/2014 SUET LAM LAU 56.22 CUSTOMER REFUND 63674 06/26/2014 TBU Inc 114,180.88 J2011 -20 - PROG PMT WATERLINE PHASE II 63615 06/26/2014 TIM DUNDAS 86.46 CUSTOMER REFUND 63605 06/26/2014 TIMOTHY ANUSIEM 41.69 CUSTOMER REFUND 63675 06/26/2014 Townsend Public Affairs, Inc. 5,000.00 CONSULTING SVCS - JUNE 2014 63677 06/26/2014 U S Postal Service(Hasler) 970.00 FUNDS FOR POSTAGE METER 63676 06/26/2014 Underground Service Alert 228.00 YLWDIST NEW TICKET CHRGS 63606 06/26/2014 UPPER K SHAPELL 22.41 CUSTOMER REFUND 63603 06/26/2014 VICTOR NAPPI 122.56 CUSTOMER REFUND 63678 06/26/2014 Yorba Linda Hardware 60.58 HARDWARE SUPPLIES 63614 06/26/2014 YORBA LINDA VINEYARD 345.72 CUSTOMER REFUND 1,467,223.40 Date Vendor Name 05/29/14 GRAINGER 06/04/14 LAMPOST PIZZA 06/09/14 KONICA MINOLTA 06/09/14 WELLS SUPPLY Cal Card Credit Card U S Bank 5/29/14- 6/09/14 Amount Description 241.06 VACUUM MOTOR 250.43 PIZZA AND SALADS FOR ALL DAY WORKSHOP 702.58 C224 & C552 COPY OVERAGE CHARGES 14,897.26 MAY 2014 INVOICES TOTAL 16,091.33 CHECK NUMBERS: Computer Checks 63600 -63681 WIRE: W061314 MWDOC TOTAL OF CHECKS & WIRES PAYROLL NO. 12: Direct Deposits Third Party Checks 5881 -5889 Payroll Taxes TOTAL OF PAYROLL June 26, 2014 $ 931,164.65 $ 931,164.65 $ 536,058.75 $ 536,058.75 $ 152,216.93 $ 40,294.99 $ 44,555.29 $ 237,067.21 $1,467,223.40 $237,067.21 ---------------------------------------------------------------------------------------------------------------------- DISBURSEMENT TOTAL: $1,704,290.61 ------------------------------------------------------------------ ------------------------------------------------------------------ APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF June 26, 2014 Meeting Date To: From: Presented By Prepared By: Subject: SUMMARY: AGENDA REPORT June 26, 2014 Board of Directors Steve Conklin, Acting General Manager Steve Conklin, Acting General Manager Budgeted: Total Budget: Cost Estimate: Funding Source Account No: Job No: Dept: Reviewed by Legal: Joe Polimino, Project Engineer CEQA Compliance: ITEM NO. 6.2 Yes $2.6M $2.3M All Water Funds 101 -2700 200817B Engineering No MND Progress Payment No. 14 for the Yorba Linda Blvd Pump Station Project Work is continuing on the construction of the Yorba Linda Blvd Pump Station Project. The project consists of three electric motor driven vertical turbine pumps, flow control valves, a motor control center, various yard piping and a new masonry block building. STAFF RECOMMENDATION: That the Board of Directors approve Progress Payment No. 14 in the net amount of $26,124.38 to ECI, Inc. for construction of the Yorba Linda Blvd Pump Station Project, Job No. 2008 -17B. DISCUSSION: In accordance with the contract documents, ECI, Inc. submitted a request for Progress Payment No. 14, in the amount of $27,499.35 for completed work through May 31, 2014. During this period, the contractor continued work on electrical installations, roofing, dis- infection of the associated pipelines and continued painting as necessary. They also installed the gravel base and completed fine grading around the exterior of the pump station site. The status of the construction contract with ECI, Inc. is as follows: • The current contract is $1,607,050.37 and 463 calendar days starting April 1, 2013 (includes Change Order No.1 and No. 2 which added $25,871.37 and 98 calendar days). • If approved, Progress Payment No. 14 is $27,499.35 (1.7% of the total contract amount), less 5% retention of $1,374.97 for a net payment of $26,124.38. • If approved, total payments to date including retention will be $1,497,162.60 (93.2% of the total contract amount). • As of May 31, 2014, 426 calendar days were used (92.0% of the contract time). Staff reviewed the contractor's progress payment and recommend approval. A copy of Progress Payment No. 14 is attached for your reference. PRIOR RELEVANT BOARD ACTION(S): On December 20, 2012, the Board of Directors authorized the President and Secretary to execute a construction agreement between Environmental Construction, Inc. (ECI), and the Yorba Linda Water District for the Construction of the Yorba Linda Blvd Pump Station Project in the amount of $1,581,179.00. The Board of Directors has approved thirteen progress payments to date, the last of which was approved on May 22, 2014. ATTACHMENTS: Name ECI YL Blvd. PS Progress Pay Request 14.odf Approved by the Board of Directors of the Yorba Linda Water District 6/26/2014 PH /RC 5 -0 Description: Type: ECI Progress Pay No. 14 YL Blvd Pump Station Backup Material YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT Yorba Linda Blvd. Pump Station PROGRESS PAY REQUEST NO. 014 LOCATION Yorba Linda, CA PROJECT NO. 2008178 PAGE 1 OF 1 PAGES CONTRACTOR Environmental Construction Inc. DATE 6112114 ORIGINAL CONTRACT AMOUNT: $ 1,581,179.00 AUTHORIZED CHANGE ORDERS: $ 25,871.37 REVISED CONTRACT AMOUNT: $ 1,607,050.37 PROGRESS PAY ESTIMATE FOR PERIOD May 1, 2014 TO PREVIOUS THIS MONTH VALUE OF WORK COMPLETED $ 1,469,663.25 $ 27.491 CHANGE ORDER WORK COMPLETED TOTAL VALUE OF WORK COMPLETED LESS RETENTION 5% LESS OTHER DEDUCTIONS NET EARNED TO DATE LESS AMOUNT PREVIOUSLY PAID BALANCE DUE THIS ESTIMATE NOTICE TO PROCEED COMPLETION TIME APPROVED TIME EXTENSIONS TOTAL CONTRACT TIME EXPENDED TO DATE REMAINING REQUESTED BY: $ 25, 362.41 $ 1,495,025.66 $ $ 1,420,274.38 $ Electronic Wire Fees April 1, 2013 365 CALENDAR DAYS 98 CALENDAR DAYS 463 CALENDAR DAYS 44225 CALENDAR DAYS 33 CALENDAR DAYS 31, 2014 TO DATE 6 1,497,162. - $ 25,362.41 27,499.35 $ 1,522,525.01 26,124.38 $ 1,446.398.76 $ 1,446,398.76 $ 1,420,274.38 $ 26.124.38 DATE: (1 : I --� . ' Y Mike Donymski, Project Manager, ECI Inc. RECOMMENDED: 't DATE: !fir Z Joe Polimino, Project Engineer, YLWD APPROVED BY: DATE: Steve Conklin, Engineering Manager, YLWD AGENDA REPORT Meeting Date: June 26, 2014 To: Board of Directors From: Steve Conklin, Acting General Manager Presented By: Steve Conklin, Acting General Manager Prepared By: Alex Thomas, Water Quality Engineer Budgeted: Total Budget: Cost Estimate: Funding Source Job No: Dept: Reviewed by Legal: ITEM NO. 6.3 Yes $1,000,000 $863,345 All Water Funds 2009 -22 Engineering N/A CEQA Compliance: Exempt Subject: Final Progress Payment No. 3 for Well 21 Drilling Contract SUMMARY: Construction is completed on the Well 21 drilling contract. The project involves drilling an 18 -in diameter, high capacity drinking water well capable of producing approximately 3,000 gpm. Submitted for Board approval is the Final Progress Payment No.3. STAFF RECOMMENDATION: That the Board of Directors approve Final Progress Payment No. 3 in the net amount of $96,758.45 to Bakersfield Well and Pump, Co. and 5% retention of $5,092.55; authorize staff to file the Notice of Completion and release the retention thirty five days following recordation, if no liens have been filed; release the Labor and Material Bond; and release the Faithful Performance Bond in one year if no defects have been found for the Drilling of Well No. 21, Job No. 2009 -22. DISCUSSION: In accordance with the contract documents, Bakersfield Well and Pump, Co. submitted a request for Final Progress Payment No. 3, in the amount of $101,851.00 for completed work through June 2, 2014. During this period, the contractor installed the discharge piping, tested and developed Well 21 to complete the project. This is the final pay request for this project, as described. The status of the construction contract with Bakersfield Well and Pump, Co. is as follows: The current contract amount is $863,345.00 and 168 calendar days starting on December 16, 2013 (including Change Order No. 1 which added 70 days). If approved, Final Progress Payment No. 3 is $101,851 less a 5% retention of $5,092.55 for a net payment of $96,758.45. If approved, total payments to date including retention will be $679,272.00 (79% of the original contract amount). Staff reviewed the contractor's progress payment and recommend approval. A copy of Final Progress Payment No. 3 is attached for your reference. STRATEGIC PLAN: SR 3 -B: Continue Planning for Long Term Capital Improvements and Replacements into the future PRIOR RELEVANT BOARD ACTION(S): • On December 20, 2012, the Board of Directors approved a Professional Services Agreement with CDM Smith in the amount of $117,740 to provide hydrogeologic services to evaluate two potential well sites and provide well drilling design, specifications and inspection services. • On December 20, 2012, the Board of Directors authorized approval and execution of the 50- year Lease Agreement between Orange County Water District and Yorba Linda Water District for the Well 21 site. • On October 10, 2013, the Board of Directors approved Amendment No. 1 in the amount of $10,620 to CDM Smith for Hydrologic Services to provide full -time oversight monitoring during the drilling of Well No. 21. • On October 10, 2013, the Board of Directors authorized execution of a Construction Contract with Bakersfield Well and Pump, Co. in the amount of $863,345 for Drilling of Well No. 21. • On April 24, 2014, the Board of Directors approved Progress Payment No. 1 in the amount of $181, 646.65 to Bakersfield Well and Pump Co. for drilling Well No. 21. • On June 12, 2014, the Board of Directors approved Progress Payment No. 2 in the amount of $366,903.30 to Bakersfield Well and Pump Co. for drilling Well No. 21. • On June 12, 2014, the Board of Directors approved a no -cost Change Order for a 70 day time extension. ATTACHMENTS: Description: Type: Final Progress Payment 3 Bakersfield Well and Pump.pdf Final Progress Payment No. 3 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 6/26/2014 PH /RC 5 -0 YORBA LINDA W.ATEROISTRICT PROGRE=SS PAYMENT REPORT PROJECT -W,611 2.1. Chilling PROGRESS PAY REQUEST NO, 003AFihal) LOCATION Anaheim, CA PROJECT NO.. 200922 PAGE 1 OF 1 PAGES: CONTRACTOR Bakersfield Well & Pump CO. DATE Jung, 2014 ORIGINAL C. ONTRACT AMOUNT: $ 663;345.00 AUTHORIZED CHANGE :ORDERS: $ . REVISED CONTRACT AMOUNT: $ 883.343:At1 PAY ESTIMATE FOR PERIOD A' ri1,30 2014 TO VALUE OF WORK COMPLETED $' :577- 42.1.tl1 CHANGE': ORDER. WORK COMPLETED $ TOTAL VALUE OF WORK COMPLETED $ 577;421.0 I LESS RETENTION 5 %d LESS OTHER DEDUCTIONS ElectronieWire Fees NET EARNED TO DATE LESSAMOUNT PREVIOUSLY PAID BALANCE DUE THIS ESTIMATE NOTICE' TO PROCEED COMPLETION TIME TIME FXTEN61O►NS L CONTRACT TIME EXPENDED TO DATE REMAINING: REQUESTED BY:. Deco 1:6.2013 s CALENDAR DAYS TO. CALENDAR DAYS 166. CALeNDAR DAY$ 16.& CALENDAR DAYS p .. CALENDAR DAYS DATE: � (9 — [ RECOMMENDED: _� — _ DATE: �. Alex morns, Pt Manager, YLWD APPROVED BY: DATE; Steva Conklin, lig.0eneral;Manager, YLWI) To: Yorba. Linda Water DisfHot 1,717 E. Mimfoma Avenue Placentia., CA 02870 Aftw Derek Ngqyeft I Pfc (714) 70.1-3115: Job Description., Well #21 Baker-Aflold V%II &.pump CO, 7212 RuRvoleAve6ue, B*4Mfi6ldj CA 0330$ INVOICE Progreas BR. I I- , mg filling Da #e PQ #200.9 =22 Af•VOWROIA13716 YWO LOM WD - DM IYOWY O W a W Of ~mm)ww NO 4 CIO Bakerefism wotv& pipmp co,, 7212fivitmale Avanw Bakersfield, jqA, :93308. Prepared Signed By Approved TOTALS 42 ?A6 NftVAV svis to-17- xladwu psge gait ITEM NO. 6.4 AGENDA REPORT Meeting Date: June 26, 2014 Budgeted: Yes Total Budget: $1.12 M To: Board of Directors Cost Estimate: 1.5 M Funding Source: Water Capital Reserves From: Steve Conklin, Acting General Account No: 101 -2700 Manager Job No: 2011 -20 Presented By: Steve Conklin, Acting General Dept: Engineering Manager Reviewed by Legal: No Prepared By: Joe Polimino, Project Engineer CEQA Compliance: Exempt Subject: Final Progress Payment No. 10 for the 2012 Waterline Replacement Project, Phase II SUMMARY: Construction is completed on the 2012 Waterline Replacement Project, Phase II. The project consisted of replacing old waterlines and appurtenances in seven locations, ranging from 200 to 3,000 feet, with a total replacement length of approximately 6,700 feet. STAFF RECOMMENDATION: That the Board of Directors approve Final Progress Payment No. 10, in the net amount of $114,180.88, to TBU Inc. and 5% retention of $6,009.52; authorize staff to file the Notice of Completion and release the retention thirty five days following recordation, if no liens have been filed; release the Labor and Material Bond; and release the Faithful Performance Bond in one year if no defects have been found for the construction of the 2012 Waterline Phase II Project, Job No. 201120. DISCUSSION: In accordance with the contract documents, TBU Inc. submitted a request for Final Progress Payment No. 10, in the amount of $120,190.40 for completed work through June 30, 2014. During this period, the contractor completed all work and clean -up at the Yorba Linda Country Club and Sunwood Lane locations. The contractor also completed all other remaining contract items to complete the project. This is the final pay request for this project, as described: • The current contract is $1,516,826.83 and 401 calendar days starting February 1, 2013 (including Change Orders No. 1, 2, 3 and 4, which added $157,526.72 and 31 days). • If approved, Final Progress Payment No. 10 is $120,190.40 (7.9% of the total contract amount), less 5% retention of $6,009.52 for a net payment of $114,180.88. • If approved, total payments to date including retention will be $1,516,826.83 (100% of the total contract amount). Staff reviewed the contractor's progress payment and recommend approval. A copy of Final Progress Payment No. 10 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 authorized the President and Secretary to execute a construction agreement in the amount of $1,359,300.11 for the 2012 Waterline Replacement Project, Phase II with TBU Inc., on November 21, 2012. The Board has approved nine progress payments to date for this project, the last of which was approved on March 13, 2014. ATTACHMENTS: Name: Description: Type: TBU Phase II Waterline Final Progress Pay Request 10.odf Final Progres Pay No. 10, 2012 Waterline Phase II Backup Material Approved by the Board of Directors of the Yorba Linda Water District 6/26/2014 PH /RC 5 -0 YORBA LINDA WATER DISTRICT FINAL PROGRESS PAY REPORT PROJECT 2012 Waterline Replacement, Phase II PROGRESS PAY REQUEST NO. 010 LOCATION Yorba Linda, CA PROJECT NO. 201120 PAGE 1 OF 1 PAGES CONTRACTOR TBU Inc. DATE 6110/14 ORIGINAL CONTRACT AMOUNT: $ 1,359,300.11 AUTHORIZED CHANGE ORDERS: $ 157,526.72 REVISED CONTRACT AMOUNT: $ 1,516,826.83 IPROGRESS PAY ESTIMATE FOR PERIOD VALUE OF WORK COMPLETED CHANGE ORDER WORK COMPLETED TOTAL VALUE OF WORK COMPLETED LESS RETENTION 5% LESS OTHER DEDUCTIONS NET EARNED TO DATE LESS AMOUNT PREVIOUSLY PAID BALANCE DUE THIS ESTIMATE NOTICE TO PROCEED COMPLETION TIME APPROVED TIME EXTENSIONS TOTAL CONTRACT TIME TIME EXPENDED TO DATE TIME REMAINING March 1, 2014 TO June 30, 2014 Charles Whalen Vice President, TBU Inc. PREVIOUS THIS MONTH TO DATE L� DATE: /D 20� / $ 1,284,280.11 $ 75,020.00 $ 1,359,300.11 $ 112,356.32 $ 45,170.40 $ 157,526.72 $ 1,396,636.43 $ 120,190.40 $ 1,516,826.83 $ 1,326,804.61 $ 6,009.52 $ 1,440,985.49 Electronic Wire Fees $ 1,440,985.49 $ 1,326,804.61 $ 114,180.88 February 1, 2013 370 CALENDAR DAYS 31 CALENDAR DAYS 401 CALENDAR DAYS 401 CALENDAR DAYS 0 CALENDAR DAYS E T D (— REQUESTED Y: i E DATE: Charles Whalen Vice President, TBU Inc. RECOMMENDED: L� DATE: /D 20� / Joe Polimino, Project Engineer, YLWD APPROVED BY: DATE: Steve Conklin, Engineering Manager, YLWD ITEM NO. 6.5 AGENDA REPORT Meeting Date: June 26, 2014 Budgeted: N/A To: Board of Directors Funding Source: Developer Funded From: Steve Conklin, Acting General Account No: 1/2 -2600 Manager Job No: 201406 Presented By: Steve Conklin, Acting General Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Ariel Bacani, Engineering CEQA Compliance: N/A Technician II Subject: Terms and Conditions for Water and Sewer Service with Shapell Homes for Tract 16208 SUMMARY: Shapell Homes is proposing to develop Tract 16208 into 40 single family residential lots on 20.0 acres. The project is located within the area covered by the Pre - Annexation Agreement ( "PAA ") that was executed on July 25, 2006 between the District and Shapell Industries, Inc. The project is located on the north side of Bastanchury Rd., across the street from the Yorba Linda High School, and is being developed in conjunction with Tracts 17653 and 17654, as shown in the attached exhibit. STAFF RECOMMENDATION: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with Shapell Homes for Tract 16208, Job No. 201406. COMMITTEE RECOMMENDATION: The Planning- Engineering- Operations Committee discussed this matter at its meeting held June 5, 2014 and supports staff's recommendation. DISCUSSION: The PAA required the incorporation of Water and Sewer Facilities Master Plans to meet District standards for water and sewer service to its customers and to integrate proposed facilities with existing District facilities. In 2006, Shapell Industries provided the S &S Development Phase 1 Analysis report which was an amendment to the Water Facilities Master Plan. The report specified the water facilities for the proposed housing tracts in the Phase 1 development. In early 2014, Toll Brothers, Inc. became the official owner of Shapell Homes and wished to retain the Shapell name for Tracts 16208, 17653 and 17654. Payment of the Administrative Fees were made simultaneously for all three tracts on April 28, 2014 for water and sewer service. The pad elevations within Tract 16208 range between 595 and 664 feet above mean sea level. The tract will tie into the District's Pressure Zone 4 transmission line in Bastanchury Rd., which is supplied by the Spring View Reservoir, at a high water elevation of 780 feet. Additionally, the proposed pressure reducing station at the neighboring Tract 17654 will provide water from Pressure Zone 5 into Zone 4 during times of low pressure caused by high demand. Tract 16208 is located within Drainage Area "1" of the District's Sewer Service Area. The District has an existing sewer main in Bastanchury Rd. that is adequate in size to serve the project site. Staff will require the applicant to connect into the sewer main stub -out located at the southwest corner of the tract. The District's standard water and sewer fees will apply to this project. In addition, annexation fees will be collected for the 40 lots, in accordance with the PAA. The Terms and Conditions for Water and Sewer Service with Shapell Homes, Tract No. 16208 are attached for your consideration. ATTACHMENTS: Description: Type: Terms & Conditions for Water & Sewer Service with 201406 T C.doc Agreement Shapell Homes for Tract 16208 201406 Exhibit.pdf Exhibit of Proposed Water & Sewer Improvements for Exhibit Shapell Homes Tract 16208 Approved by the Board of Directors of the Yorba Linda Water District 6/26/2014 PH /RC 5 -0 Date: JUNE 26, 2014 YORBA LINDA WATER DISTRICT TERMS AND CONDITIONS FOR WATER AND SEWER SERVICE NAME OF APPLICANT: SHAPELL HOMES LOCATION OF PROJECT: NORTH SIDE OF BASTANCHURY RD., ACROSS STREET FROM YORBA LINDA HIGH SCHOOL TRACT NUMBER: 16208 JOB NUMBER: 201406 LOT(S): 40 The applicant will be required to complete to the satisfaction of the District the following items that have an "X" following the number. 1) X The applicant shall provide the District with a copy of the Grant Deed or Title Report of the property to be served. 2) X The applicant shall include information deemed necessary by the District in the event the applicant is required to file a Department of Real Estate Tax Disclosure statement. 3) The applicant shall provide to all purchasers of the homes a statement that the home is located within Improvement District No. 1 and that the home is subject to a property tax over and above the normal 1 % Basic Tax Levy to pay for Production, Storage, and Transmission water facilities serving Improvement District No. I. 4) The applicant shall provide to all purchasers of the homes a statement that the home is located within Improvement District No. 2 and that the home is subject to a property tax over and above the normal 1 % Basic Tax Levy to pay for Production, Storage, and Transmission water facilities serving Improvement District No. 2. 5) X The applicant shall submit two (2) sets of the improvement plans to the District for plan check processing. a) Improvement Plans b) Grading Plans c) Tract, Parcel or Vesting Map d) Landscaping Plans 6) X Improvement Plans submitted for plan check shall comply with the submittal requirements established by the YLWD Engineering Department. Page 2 of 5 NAME OF APPLICANT: SHAPELL HOMES LOCATION OF PROJECT: TRACT 16208 - N. SIDE OF BASTANCHURY RD., ACROSS FROM Y.L. HIGH SCHOOL 7) X The applicant shall dedicate or obtain all easements deemed necessary by the District in accordance with the Rules and Regulations of the District. All easement documents shall be prepared under the supervision of and stamped by a Professional Land Surveyor or a Registered Civil Engineer (licensed prior to January 1, 1982) licensed to practice in the State of California. 8) X The applicant shall provide the District with a copy of the Recorded Tract/Parcel Map(s) or Easement Documents illustrating all District easements required by Term and Condition No. 7, prior to requesting occupancy releases. 9) X The applicant shall prepare and process all easements to be quitclaimed by the District in accordance with the Rules and Regulations of the District. 10) X The applicant shall furnish the District with a 24 -hour emergency telephone number prior to the District's approval of the construction plans. 11) X The applicant shall notify the District 48 hours prior to initiating any work related to required or proposed improvements. 12) X The applicant shall complete a Temporary Construction Meter Permit application for all water to be used in construction work and all water used under such permit shall be taken from the approved construction meter. 13) X The applicant shall provide per the District specifications one complete set of "As Built" mylars and electronic copy of ACAD drawings (version 2008 or later) for the Water facilities. 14) X The applicant shall complete an Application to and Agreement for Water Service. 15) X The applicant shall pay all of the water fees as required by the Rules and Regulations of the District. 16) X The applicant shall pay meter fees associated with the installation of radio read meters for this project. 17) X The applicant shall comply with the Rules and Regulations of the Yorba Linda Water District with regard to the Rendition of Water Service. 18) X The applicant shall provide the District with a set of plans stamped and approved by the Orange County Fire Authority, or fire agency having jurisdiction, that identifies approved fire hydrant locations. Such approved plan must be submitted to the District before staff will initiate a District plan check for water improvements. Page 3 of 5 NAME OF APPLICANT: SHAPELL HOMES LOCATION OF PROJECT: TRACT 16208 - N. SIDE OF BASTANCHURY RD., ACROSS FROM Y.L. HIGH SCHOOL 19) X The applicant shall have all water facilities designed in accordance with the District's Water Facilities Plan and the District's Standard Specifications. All design plans shall be prepared under the supervision of and stamped by a Registered Civil Engineer licensed to practice in the State of California. 20) X The applicant's water facilities (on -site) shall be District owned and maintained. 21) X The applicant shall be required to conduct flow tests at their cost in the event the Orange County Fire Authority requires a flow test. A District representative shall be present to witness the flow test. 22) X The applicant shall comply with all additional District requirements, relative to the fire protection system, fire hydrant construction and fire hydrant locations. 23) X The applicant shall install one 1 water Sampling Station(s) in conformance with the District's Standard Plans. 24) X The applicant shall provide a completed Surety Bond for the water facilities prior to the District signing the Water Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed water facilities. 25) X The applicant shall install the curb and gutters a minimum of one week prior to the installation of the water main and services. 26) X All existing water services that are not useable in the new plan shall be cut and plugged at the main line. 27) X The applicant shall coordinate through the District all connections of new water facilities to the existing District facilities. 28) X The applicant shall provide a written copy of the Bacteriological Report prior to occupancy releases certifying that the water meets the Health Department's requirements. 29) X The applicant shall adjust and raise to grade all valve covers within the limits of this project. 30) X The applicant shall install a pressure regulator in all dwellings that have over 80 p.s.i. static water pressure in accordance with the appropriate building codes. 31) X The applicant shall complete a Temporary Water Permit for all water that will be used through the new water services to serve the new dwellings. 32) X The applicant shall install a District approved backflow device in connection with any private fire suppression sprinkler facilities that may be required by the Orange County Fire Authority or fire agency having jurisdiction. Page 4 of 5 NAME OF APPLICANT: SHAPELL HOMES LOCATION OF PROJECT: TRACT 16208 - N. SIDE OF BASTANCHURY RD., ACROSS FROM Y.L. HIGH SCHOOL 33) X The applicant shall install a reduced pressure principle backflow prevention device on all commercial buildings and landscape services. 34) X The applicant shall install and provide a written test report to the District for each backflow device certifying that the backflow devices are operating properly prior to the water meters being turned on for service. 35) X The applicant shall install and provide a written test report to the District certifying that the double check detector assembly is operating properly prior to the double check detector assembly being turned on for service. 36) X The applicant shall provide an annual written test report to the District certifying that the backflow devices and fire detector assemblies are operating properly pursuant to the District's Backflow Prevention Program and the State of California Administrative Code, Title 17, Public Health Rules and Regulations Relating to Cross - Connections. 37) The applicant shall complete a Sewer Connection Application and Permit for Sewer Service. 38) X The applicant shall complete an Application to and Agreement for Sewer Service. 39) X The applicant shall comply with the Rules and Regulations of the Yorba Linda Water District with regard to the Rendition of Sanitary Sewer Service. 40) X The applicant shall pay all of the sewer fees as required by the Rules and Regulations of the District. 41) X The applicant shall have all sewer facilities designed in accordance with the District's Sewer Master Plan and Standard Specifications. All design plans shall be prepared under the supervision of and stamped by a Registered Civil Engineer licensed to practice in the State of California. 42) X The applicant shall provide a completed Surety Bond for the sewer facilities prior to the District signing the Sewer Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed sewer facilities. 43) X The applicant's sewer facilities (on -site) shall be District owned and maintained. 44) X The applicant shall construct a sewer main and appurtenances in conformance with the approved plans and the District's Plans and Specifications. 45) X The applicant shall adjust and raise to grade all sewer manhole covers within the limits of this project. Page 5 of 5 NAME OF APPLICANT: SHAPELL HOMES LOCATION OF PROJECT: TRACT 16208 - N. SIDE OF BASTANCHURY RD., ACROSS FROM Y.L. HIGH SCHOOL 46) X The applicant shall install a sewer backflow prevention valve on all sewer service connections in which the pad elevations of the property being served is lower than the rim elevation of the upstream manhole. Installation of the backflow device shall comply with all requirements of the Building and Plumbing Codes of the appropriate agency having jurisdiction. 47) X The applicant shall submit a video inspection report of their sewer project in DVD format. The video of the sewer facilities shall be conducted in the presence of the District inspector, which will include stationing locations of manholes, cleanouts, wyes, laterals, backflow devices and appurtenances. ND OF STANDARD TERMS AND CONDITIONS PROJECT SPECIFIC TERMS AND CONDITIONS 48) X The applicant shall pay the annexation fee and comply with all provisions of the "Pre- Annexation Agreement between Yorba Linda Water District and Shapell Industries, Inc." executed on July 25, 2006 and recorded on August 7, 2006 in the Official Records of Orange County as Document No. 2006000525185. I hereby certify that the foregoing Terms and Conditions were approved at the June 26, 2014 Regular Meeting of the Board of Directors of the Yorba Linda Water District. The approved Terms and Conditions shall become void six (6) months from the approval date if a formal Application To and Agreement with the Yorba Linda Water District for Water and Sewer Service is not executed for the project under consideration. Steve Conklin, P.E., Acting General Manager VICINITY MAP NOT TO SCALE PREPARED BY: LOCATION MAP YORBA LINDA WATER DISTRICT 1717 E. MIRALOMA AVENUE PLACENTIA, CALIFORNIA 92870 (714) 701 -3100 NOT TO SCALE EXHIBIT WATER & SEWER IMPROVEMENTS FOR TRACT 16208 SHAPELL HOMES SCALE: N.T.S. DATE: 05 -27 -14 FILENAME: J201406 ITEM NO. 6.6 AGENDA REPORT Meeting Date: June 26, 2014 Budgeted: N/A To: Board of Directors Funding Source: Developer Funded From: Steve Conklin, Acting General Account No: 1/2 -2600 Manager Job No: 201407 Presented By: Steve Conklin, Acting General Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Ariel Bacani, Engineering CEQA Compliance: N/A Technician II Subject: Terms and Conditions for Water and Sewer Service with Shapell Homes for Tract 17653 SUMMARY: Shapell Homes is proposing to develop Tract 17653 into 21 single family residential lots on 16.4 acres. The project is located within the area covered by the Pre - Annexation Agreement ( "PAA ") that was executed on July 25, 2006 between the District and Shapell Industries, Inc. The project is located on the north side of Bastanchury Rd., across the street from the Yorba Linda High School, and is being developed in conjunction with Tracts 16208 and 17654, as shown in the attached exhibit. STAFF RECOMMENDATION: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with Shapell Homes for Tract 17653, Job No. 201407. COMMITTEE RECOMMENDATION: The Planning- Engineering- Operations Committee discussed this matter at its meeting held June 5, 2014 and supports staff's recommendation. DISCUSSION: The PAA required the incorporation of Water and Sewer Facilities Master Plans to meet District standards for water and sewer service to its customers and to integrate proposed facilities with existing District facilities. In 2006, Shapell Industries provided the S &S Development Phase 1 Analysis report which was an amendment to the Water Facilities Master Plan. The report specified the water facilities for the proposed housing tracts in the Phase 1 development. In early 2014, Toll Brothers, Inc. became the official owner of Shapell Homes and wished to retain the Shapell name for Tracts 16208, 17653 and 17654. Payment of the Administrative Fees were made simultaneously for all three tracts on April 28, 2014 for water and sewer service. The pad elevations within Tract 17653 range between 612 and 645 feet above mean sea level. The tract is designated to be in Pressure Zone 4, which is supplied by the Spring View Reservoir, at a high water elevation of 780 feet. It will tie into the proposed water mains within its neighboring Tracts 16208 and 17654. Tract 17653 is located within Drainage Area "1" of the District's Sewer Service Area. Staff will require the applicant to connect the onsite public sewer system into the proposed sewer main at the neighboring Tract 16208. The District's standard water and sewer fees will apply to this project. In addition, annexation fees will be collected for the 21 lots, in accordance with the PAA. The Terms and Conditions for Water and Sewer Service with Shapell Homes, Tract No. 17653 are attached for your consideration. ATTACHMENTS: Name: 201407 T C.doc 201407 Exhibit.pdf Approved by the Board of Directors of the Yorba Linda Water District 6/26/2014 PH /RC 5 -0 Description: Terms & Conditions for Water & Sewer Service with Shapell Homes for Tract 17653 Exhibit of Proposed Water & Sewer Improvements for Shapell Homes Tract 17653 Type: Agreement Exhibit Date: JUNE 26, 2014 YORBA LINDA WATER DISTRICT TERMS AND CONDITIONS FOR WATER AND SEWER SERVICE NAME OF APPLICANT: SHAPELL HOMES LOCATION OF PROJECT: NORTH SIDE OF BASTANCHURY RD., ACROSS STREET FROM YORBA LINDA HIGH SCHOOL TRACT NUMBER: 17653 JOB NUMBER: 201407 LOT(S): 21 The applicant will be required to complete to the satisfaction of the District the following items that have an "X" following the number. 1) X The applicant shall provide the District with a copy of the Grant Deed or Title Report of the property to be served. 2) X The applicant shall include information deemed necessary by the District in the event the applicant is required to file a Department of Real Estate Tax Disclosure statement. 3) The applicant shall provide to all purchasers of the homes a statement that the home is located within Improvement District No. 1 and that the home is subject to a property tax over and above the normal 1 % Basic Tax Levy to pay for Production, Storage, and Transmission water facilities serving Improvement District No. I. 4) The applicant shall provide to all purchasers of the homes a statement that the home is located within Improvement District No. 2 and that the home is subject to a property tax over and above the normal 1 % Basic Tax Levy to pay for Production, Storage, and Transmission water facilities serving Improvement District No. 2. 5) X The applicant shall submit two (2) sets of the improvement plans to the District for plan check processing. a) Improvement Plans b) Grading Plans c) Tract, Parcel or Vesting Map d) Landscaping Plans 6) X Improvement Plans submitted for plan check shall comply with the submittal requirements established by the YLWD Engineering Department. Page 2 of 5 NAME OF APPLICANT: SHAPELL HOMES LOCATION OF PROJECT: TRACT 17653 - N. SIDE OF BASTANCHURY RD., ACROSS FROM Y.L. HIGH SCHOOL 7) X The applicant shall dedicate or obtain all easements deemed necessary by the District in accordance with the Rules and Regulations of the District. All easement documents shall be prepared under the supervision of and stamped by a Professional Land Surveyor or a Registered Civil Engineer (licensed prior to January 1, 1982) licensed to practice in the State of California. 8) X The applicant shall provide the District with a copy of the Recorded Tract/Parcel Map(s) or Easement Documents illustrating all District easements required by Term and Condition No. 7, prior to requesting occupancy releases. 9) X The applicant shall prepare and process all easements to be quitclaimed by the District in accordance with the Rules and Regulations of the District. 10) X The applicant shall furnish the District with a 24 -hour emergency telephone number prior to the District's approval of the construction plans. 11) X The applicant shall notify the District 48 hours prior to initiating any work related to required or proposed improvements. 12) X The applicant shall complete a Temporary Construction Meter Permit application for all water to be used in construction work and all water used under such permit shall be taken from the approved construction meter. 13) X The applicant shall provide per the District specifications one complete set of "As Built" mylars and electronic copy of ACAD drawings (version 2008 or later) for the Water facilities. 14) X The applicant shall complete an Application to and Agreement for Water Service. 15) X The applicant shall pay all of the water fees as required by the Rules and Regulations of the District. 16) X The applicant shall pay meter fees associated with the installation of radio read meters for this project. 17) X The applicant shall comply with the Rules and Regulations of the Yorba Linda Water District with regard to the Rendition of Water Service. 18) X The applicant shall provide the District with a set of plans stamped and approved by the Orange County Fire Authority, or fire agency having jurisdiction, that identifies approved fire hydrant locations. Such approved plan must be submitted to the District before staff will initiate a District plan check for water improvements. Page 3 of 5 NAME OF APPLICANT: SHAPELL HOMES LOCATION OF PROJECT: TRACT 17653 - N. SIDE OF BASTANCHURY RD., ACROSS FROM Y.L. HIGH SCHOOL 19) X The applicant shall have all water facilities designed in accordance with the District's Water Facilities Plan and the District's Standard Specifications. All design plans shall be prepared under the supervision of and stamped by a Registered Civil Engineer licensed to practice in the State of California. 20) X The applicant's water facilities (on -site) shall be District owned and maintained. 21) X The applicant shall be required to conduct flow tests at their cost in the event the Orange County Fire Authority requires a flow test. A District representative shall be present to witness the flow test. 22) X The applicant shall comply with all additional District requirements, relative to the fire protection system, fire hydrant construction and fire hydrant locations. 23) The applicant shall install one 1 water Sampling Station(s) in conformance with the District's Standard Plans. 24) X The applicant shall provide a completed Surety Bond for the water facilities prior to the District signing the Water Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed water facilities. 25) X The applicant shall install the curb and gutters a minimum of one week prior to the installation of the water main and services. 26) X All existing water services that are not useable in the new plan shall be cut and plugged at the main line. 27) X The applicant shall coordinate through the District all connections of new water facilities to the existing District facilities. 28) X The applicant shall provide a written copy of the Bacteriological Report prior to occupancy releases certifying that the water meets the Health Department's requirements. 29) X The applicant shall adjust and raise to grade all valve covers within the limits of this project. 30) X The applicant shall install a pressure regulator in all dwellings that have over 80 p.s.i. static water pressure in accordance with the appropriate building codes. 31) X The applicant shall complete a Temporary Water Permit for all water that will be used through the new water services to serve the new dwellings. 32) X The applicant shall install a District approved backflow device in connection with any private fire suppression sprinkler facilities that may be required by the Orange County Fire Authority or fire agency having jurisdiction. Page 4 of 5 NAME OF APPLICANT: SHAPELL HOMES LOCATION OF PROJECT: TRACT 17653 - N. SIDE OF BASTANCHURY RD., ACROSS FROM Y.L. HIGH SCHOOL 33) X The applicant shall install a reduced pressure principle backflow prevention device on all commercial buildings and landscape services. 34) X The applicant shall install and provide a written test report to the District for each backflow device certifying that the backflow devices are operating properly prior to the water meters being turned on for service. 35) X The applicant shall install and provide a written test report to the District certifying that the double check detector assembly is operating properly prior to the double check detector assembly being turned on for service. 36) X The applicant shall provide an annual written test report to the District certifying that the backflow devices and fire detector assemblies are operating properly pursuant to the District's Backflow Prevention Program and the State of California Administrative Code, Title 17, Public Health Rules and Regulations Relating to Cross - Connections. 37) The applicant shall complete a Sewer Connection Application and Permit for Sewer Service. 38) X The applicant shall complete an Application to and Agreement for Sewer Service. 39) X The applicant shall comply with the Rules and Regulations of the Yorba Linda Water District with regard to the Rendition of Sanitary Sewer Service. 40) X The applicant shall pay all of the sewer fees as required by the Rules and Regulations of the District. 41) X The applicant shall have all sewer facilities designed in accordance with the District's Sewer Master Plan and Standard Specifications. All design plans shall be prepared under the supervision of and stamped by a Registered Civil Engineer licensed to practice in the State of California. 42) X The applicant shall provide a completed Surety Bond for the sewer facilities prior to the District signing the Sewer Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed sewer facilities. 43) X The applicant's sewer facilities (on -site) shall be District owned and maintained. 44) X The applicant shall construct a sewer main and appurtenances in conformance with the approved plans and the District's Plans and Specifications. 45) X The applicant shall adjust and raise to grade all sewer manhole covers within the limits of this project. Page 5 of 5 NAME OF APPLICANT: SHAPELL HOMES LOCATION OF PROJECT: TRACT 17653 - N. SIDE OF BASTANCHURY RD., ACROSS FROM Y.L. HIGH SCHOOL 46) X The applicant shall install a sewer backflow prevention valve on all sewer service connections in which the pad elevations of the property being served is lower than the rim elevation of the upstream manhole. Installation of the backflow device shall comply with all requirements of the Building and Plumbing Codes of the appropriate agency having jurisdiction. 47) X The applicant shall submit a video inspection report of their sewer project in DVD format. The video of the sewer facilities shall be conducted in the presence of the District inspector, which will include stationing locations of manholes, cleanouts, wyes, laterals, backflow devices and appurtenances. ND OF STANDARD TERMS AND CONDITIONS PROJECT SPECIFIC TERMS AND CONDITIONS 48) X The applicant shall pay the annexation fee and comply with all provisions of the "Pre- Annexation Agreement between Yorba Linda Water District and Shapell Industries, Inc." executed on July 25, 2006 and recorded on August 7, 2006 in the Official Records of Orange County as Document No. 2006000525185. I hereby certify that the foregoing Terms and Conditions were approved at the June 26, 2014 Regular Meeting of the Board of Directors of the Yorba Linda Water District. The approved Terms and Conditions shall become void six (6) months from the approval date if a formal Application To and Agreement with the Yorba Linda Water District for Water and Sewer Service is not executed for the project under consideration. Steve Conklin, P.E., Acting General Manager I I - -- I I I I - I I I 1 I I 2 PROPOSED SEWER MAI PROJECT .. -..ern WATER MAI SITE W A j 1 1 LINDA N O VORDA A f eL d 76 4 T CT 16 08 \ P RD. O OZ FP 90 3 90 � yQ w rG Qp ORANGEiHOR S AVE. I = VICINITY MAP \ - _ — 4° �° NOT TO SCALE / I 16 16 — / V 19 18 17 14 L 1 4� 3 �\ 20 PROP SED W TER MAI / 21 R MAI PROP ED S — / 8 � F- < \ � 6 6 9 10 12 I \ 1 4 2 3 TRACT 11 17653 `' r EXISTING SEWER MAIN � EX. 36 "ZONE� R I �_ ` WATER e�STq C EX. 18" ZONE 3 WATER MAIN I LOCATION MAP NOT TO SCALE PREPARED BY: EXHIBIT SCALE: N.T.S. YORBA LINDA WATER DISTRICT WATER & SEWER IMPROVEMENTS DATE: 1717 E. MIRALOMA AVENUE FOR TRACT 17653 05 -27 -14 PLACENTIA, CALIFORNIA 92870 SHAPELL HOMES FILENAME: (714) 701 -3100 J201407 ITEM NO. 6.7 AGENDA REPORT Meeting Date: June 26, 2014 Budgeted: N/A To: Board of Directors Funding Source: Developer Funded From: Steve Conklin, Acting General Account No: 1/2 -2600 Manager Job No: 201408 Presented By: Steve Conklin, Acting General Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Ariel Bacani, Engineering CEQA Compliance: N/A Technician II Subject: Terms and Conditions for Water and Sewer Service with Shapell Homes for Tract 17654 SUMMARY: Shapell Homes is proposing to develop Tract 17654 into 58 single family residential lots on 24.1 acres. The project is located within the area covered by the Pre - Annexation Agreement ( "PAA ") that was executed on July 25, 2006 between the District and Shapell Industries, Inc. The project is located on the north side of Bastanchury Rd., across the street from the Yorba Linda High School, and is being developed in conjunction with Tracts 16208 and 17653, as shown in the attached exhibit. STAFF RECOMMENDATION: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with Shapell Homes for Tract 17654, Job No. 201408. COMMITTEE RECOMMENDATION: The Planning- Engineering- Operations Committee discussed this matter at its meeting held June 5, 2014 and supports staff's recommendation. DISCUSSION: The PAA required the incorporation of Water and Sewer Facilities Master Plans to meet District standards for water and sewer service to its customers and to integrate proposed facilities with existing District facilities. In 2006, Shapell Industries provided the S &S Development Phase 1 Analysis report which was an amendment to the Water Facilities Master Plan. The report specified the water facilities for the proposed housing tracts in the Phase 1 development. In early 2014, Toll Brothers, Inc. became the official owner of Shapell Industries and wished to retain the Shapell name for the remaining Tracts 16208, 17653 and 17654. Payment of the Administrative Fees were made simultaneously for all three tracts on April 28, 2014 for water and sewer service. The pad elevations within Tract 17654 range between 630 and 720 feet above mean sea level. The S &S Development Phase 1 Analysis report required Tract 17654 to have two pressure zones. The higher elevation portion of the tract will tie into an existing water line stub -out at Lot 9 of Tract 15566, in the District's Pressure Zone 5, which is served by the Quarter Horse Reservoir, at a high water elevation of 920 feet. This equates to water pressures exceeding 80 p.s.i., which will require the installation of pressure regulators for the designated lots. The lower elevation portion will tie into the District's Pressure Zone 4 transmission line in Bastanchury Rd., which is supplied by the Spring View Reservoir, at a high water elevation of 780 feet. The Analysis report called for the installation of two pressure reducing stations ( "PRS ") to provide water from Pressure Zone 5 into Zone 4 during times of low pressure caused by high demand within the lower elevations of the tract. On May 7, 2014, Toll Brothers representatives and District Engineering staff met to discuss the design of the two PRS. The meeting resulted with the District - required update to the Analysis report that may eliminate one PRS and reconfigure Pressure Zones 4 and 5 within the tract. Tract 16754 is located within Drainage Area "1" of the District's Sewer Service Area. The District has an existing sewer main in Bastanchury Rd. that is adequate in size to serve the project site. Staff will require the applicant to connect the appropriate lots into the existing sewer main stub -out located at the southeast corner of the tract. The remaining lots shall connect to the proposed sewer main at the neighboring Tract 16208. The District's standard water and sewer fees will apply to this project. In addition, annexation fees will be collected for the 58 lots, in accordance with the PAA. The PRS design will also be incorporated into the Water and Sewer Improvement Plans. The Terms and Conditions for Water and Sewer Service with Shapell Homes, Tract No. 17654 are attached for your consideration. ATTACHMENTS: Name: Description: 201408 T C.doc Type: Terms & Conditions for Water & Sewer Service with Shapell Homes for Tract 17654 Agreement Exhibit of Proposed Water & Sewer Improvements for 201408 Exhibit.odf Exhibit Shapell Homes Tract 17654 Approved by the Board of Directors of the Yorba Linda Water District 6/26/2014 PH /RC 5 -0 Date: JUNE 26, 2014 YORBA LINDA WATER DISTRICT TERMS AND CONDITIONS FOR WATER AND SEWER SERVICE NAME OF APPLICANT: SHAPELL HOMES LOCATION OF PROJECT: NORTH SIDE OF BASTANCHURY RD., ACROSS STREET FROM YORBA LINDA HIGH SCHOOL TRACT NUMBER: 17654 JOB NUMBER: 201408 LOT(S): 58 The applicant will be required to complete to the satisfaction of the District the following items that have an "X" following the number. 1) X The applicant shall provide the District with a copy of the Grant Deed or Title Report of the property to be served. 2) X The applicant shall include information deemed necessary by the District in the event the applicant is required to file a Department of Real Estate Tax Disclosure statement. 3) The applicant shall provide to all purchasers of the homes a statement that the home is located within Improvement District No. 1 and that the home is subject to a property tax over and above the normal 1 % Basic Tax Levy to pay for Production, Storage, and Transmission water facilities serving Improvement District No. I. 4) The applicant shall provide to all purchasers of the homes a statement that the home is located within Improvement District No. 2 and that the home is subject to a property tax over and above the normal 1 % Basic Tax Levy to pay for Production, Storage, and Transmission water facilities serving Improvement District No. 2. 5) X The applicant shall submit two (2) sets of the improvement plans to the District for plan check processing. a) Improvement Plans b) Grading Plans c) Tract, Parcel or Vesting Map d) Landscaping Plans 6) X Improvement Plans submitted for plan check shall comply with the submittal requirements established by the YLWD Engineering Department. Page 2 of 5 NAME OF APPLICANT: SHAPELL HOMES LOCATION OF PROJECT: TRACT 17654 - N. SIDE OF BASTANCHURY RD., ACROSS FROM Y.L. HIGH SCHOOL 7) X The applicant shall dedicate or obtain all easements deemed necessary by the District in accordance with the Rules and Regulations of the District. All easement documents shall be prepared under the supervision of and stamped by a Professional Land Surveyor or a Registered Civil Engineer (licensed prior to January 1, 1982) licensed to practice in the State of California. 8) X The applicant shall provide the District with a copy of the Recorded Tract/Parcel Map(s) or Easement Documents illustrating all District easements required by Term and Condition No. 7, prior to requesting occupancy releases. 9) X The applicant shall prepare and process all easements to be quitclaimed by the District in accordance with the Rules and Regulations of the District. 10) X The applicant shall furnish the District with a 24 -hour emergency telephone number prior to the District's approval of the construction plans. 11) X The applicant shall notify the District 48 hours prior to initiating any work related to required or proposed improvements. 12) X The applicant shall complete a Temporary Construction Meter Permit application for all water to be used in construction work and all water used under such permit shall be taken from the approved construction meter. 13) X The applicant shall provide per the District specifications one complete set of "As Built" mylars and electronic copy of ACAD drawings (version 2008 or later) for the Water facilities. 14) X The applicant shall complete an Application to and Agreement for Water Service. 15) X The applicant shall pay all of the water fees as required by the Rules and Regulations of the District. 16) X The applicant shall pay meter fees associated with the installation of radio read meters for this project. 17) X The applicant shall comply with the Rules and Regulations of the Yorba Linda Water District with regard to the Rendition of Water Service. 18) X The applicant shall provide the District with a set of plans stamped and approved by the Orange County Fire Authority, or fire agency having jurisdiction, that identifies approved fire hydrant locations. Such approved plan must be submitted to the District before staff will initiate a District plan check for water improvements. Page 3 of 5 NAME OF APPLICANT: SHAPELL HOMES LOCATION OF PROJECT: TRACT 17654 - N. SIDE OF BASTANCHURY RD., ACROSS FROM Y.L. HIGH SCHOOL 19) X The applicant shall have all water facilities designed in accordance with the District's Water Facilities Plan and the District's Standard Specifications. All design plans shall be prepared under the supervision of and stamped by a Registered Civil Engineer licensed to practice in the State of California. 20) X The applicant's water facilities (on -site) shall be District owned and maintained. 21) X The applicant shall be required to conduct flow tests at their cost in the event the Orange County Fire Authority requires a flow test. A District representative shall be present to witness the flow test. 22) X The applicant shall comply with all additional District requirements, relative to the fire protection system, fire hydrant construction and fire hydrant locations. 23) X The applicant shall install one 1 water Sampling Station(s) in conformance with the District's Standard Plans. 24) X The applicant shall provide a completed Surety Bond for the water facilities prior to the District signing the Water Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed water facilities. 25) X The applicant shall install the curb and gutters a minimum of one week prior to the installation of the water main and services. 26) X All existing water services that are not useable in the new plan shall be cut and plugged at the main line. 27) X The applicant shall coordinate through the District all connections of new water facilities to the existing District facilities. 28) X The applicant shall provide a written copy of the Bacteriological Report prior to occupancy releases certifying that the water meets the Health Department's requirements. 29) X The applicant shall adjust and raise to grade all valve covers within the limits of this project. 30) X The applicant shall install a pressure regulator in all dwellings that have over 80 p.s.i. static water pressure in accordance with the appropriate building codes. 31) X The applicant shall complete a Temporary Water Permit for all water that will be used through the new water services to serve the new dwellings. 32) X The applicant shall install a District approved backflow device in connection with any private fire suppression sprinkler facilities that may be required by the Orange County Fire Authority or fire agency having jurisdiction. Page 4 of 5 NAME OF APPLICANT: SHAPELL HOMES LOCATION OF PROJECT: TRACT 17654 - N. SIDE OF BASTANCHURY RD., ACROSS FROM Y.L. HIGH SCHOOL 33) X The applicant shall install a reduced pressure principle backflow prevention device on all commercial buildings and landscape services. 34) X The applicant shall install and provide a written test report to the District for each backflow device certifying that the backflow devices are operating properly prior to the water meters being turned on for service. 35) X The applicant shall install and provide a written test report to the District certifying that the double check detector assembly is operating properly prior to the double check detector assembly being turned on for service. 36) X The applicant shall provide an annual written test report to the District certifying that the backflow devices and fire detector assemblies are operating properly pursuant to the District's Backflow Prevention Program and the State of California Administrative Code, Title 17, Public Health Rules and Regulations Relating to Cross - Connections. 37) The applicant shall complete a Sewer Connection Application and Permit for Sewer Service. 38) X The applicant shall complete an Application to and Agreement for Sewer Service. 39) X The applicant shall comply with the Rules and Regulations of the Yorba Linda Water District with regard to the Rendition of Sanitary Sewer Service. 40) X The applicant shall pay all of the sewer fees as required by the Rules and Regulations of the District. 41) X The applicant shall have all sewer facilities designed in accordance with the District's Sewer Master Plan and Standard Specifications. All design plans shall be prepared under the supervision of and stamped by a Registered Civil Engineer licensed to practice in the State of California. 42) X The applicant shall provide a completed Surety Bond for the sewer facilities prior to the District signing the Sewer Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed sewer facilities. 43) X The applicant's sewer facilities (on -site) shall be District owned and maintained. 44) X The applicant shall construct a sewer main and appurtenances in conformance with the approved plans and the District's Plans and Specifications. 45) X The applicant shall adjust and raise to grade all sewer manhole covers within the limits of this project. Page 5 of 5 NAME OF APPLICANT: SHAPELL HOMES LOCATION OF PROJECT: TRACT 17654 - N. SIDE OF BASTANCHURY RD., ACROSS FROM Y.L. HIGH SCHOOL 46) X The applicant shall install a sewer backflow prevention valve on all sewer service connections in which the pad elevations of the property being served is lower than the rim elevation of the upstream manhole. Installation of the backflow device shall comply with all requirements of the Building and Plumbing Codes of the appropriate agency having jurisdiction. 47) X The applicant shall submit a video inspection report of their sewer project in DVD format. The video of the sewer facilities shall be conducted in the presence of the District inspector, which will include stationing locations of manholes, cleanouts, wyes, laterals, backflow devices and appurtenances. ND OF STANDARD TERMS AND CONDITIONS PROJECT SPECIFIC TERMS AND CONDITIONS 48) X The applicant shall provide an update to the 2006 Development Phase 1 Analysis to determine the viability of said Analysis' water facilities design. District will allow reduction of the number of pressure reducing stations and reconfiguration of pressure zones if supported by update data. The reconfigured water facilities shall be incorporated into the Improvement Plans and installed per approved plans and District Specifications. 49) X The applicant shall incorporate the pressure reducing station design into the Improvement Plans. The District will approve the Improvement Plans when both tract and pressure reducing station designs are finalized, per approved plans and District Specifications. 50) X The applicant shall pay the annexation fee and comply with all provisions of the "Pre- Annexation Agreement between Yorba Linda Water District and Shapell Industries, Inc." executed on July 25, 2006 and recorded on August 7, 2006 in the Official Records of Orange County as Document No. 2006000525185. I hereby certify that the foregoing Terms and Conditions were approved at the June 26, 2014 Regular Meeting of the Board of Directors of the Yorba Linda Water District. The approved Terms and Conditions shall become void six (6) months from the approval date if a formal Application To and Agreement with the Yorba Linda Water District for Water and Sewer Service is not executed for the project under consideration. Steve Conklin, P.E., Acting General Manager PREPARED BY: LOCATION MAP YORBA LINDA WATER DISTRICT 1717 E. MIRALOMA AVENUE PLACENTIA, CALIFORNIA 92870 (714) 701 -3100 NOT TO SCALE EXHIBIT WATER & SEWER IMPROVEMENTS FOR TRACT 17654 SHAPELL HOMES pq T VICINITY MAP NOT TO SCALE SCALE: N.T.S. DATE: 05 -27 -14 FILENAME: J201408 Meeting Date; To: From: Presented By Prepared By: Subject: SUMMARY: AGENDA REPORT June 26, 2014 Board of Directors Steve Conklin, Acting General Manager Steve Conklin, Acting General Manager Cindy Botts, Management Analyst Budgeted Dept: Reviewed by Legal: CEQA Compliance: MWDOC Turf Removal Program Agreement ITEM NO. 7.1 N/A Administration Yes N/A The Municipal Water District of Orange County ( MWDOC) Turf Removal Program provides a financial incentive of $2 per square foot for the removal of turf grass and the replacement of this grass with living drought - tolerant plants or synthetic turf. The entire program is funded by MWD through MWDOC. Concrete and other hardscape improvements are not allowed as qualifying replacement products under the turf removal program. STAFF RECOMMENDATION: That the Board of Directors authorize the Acting General Manager to execute the Agreement for Participation in the MWDOC Turf Removal Program. COMMITTEE RECOMMENDATION: The EAO Committee discussed participation in the Turf Removal Program at its meeting on March 10, 2014, in conjunction with the City of Placentia Joint Turf Removal Project and the FY 2014 -2015 Administration Department Budget. DISCUSSION: As a condition of participation in the program, interested applicants are required to allow YLWD personnel to conduct both pre- and post- inspection site visits, to confirm the validity and quantity of turf proposed for removal, and to confirm the project is completed within the time constraints of the program prior to authorizing a rebate. These site visits will include photos taken by the District of the project for public information and promotional purposes. Due to the fact that YLWD will be conducting both the pre- and post- inspection site visits, there is no further cost to the District to participate in the Program. PRIOR RELEVANT BOARD ACTION(S): The District participated in the Pilot Turf Removal Program in 2010. ATTACHMENTS: Description: UNSIGNED YLWD Turf Removal Aqt FY 13 -15 (6- 11- 14).odf Approved by the Board of Directors of the Yorba Linda Water District 6/26/2014 GM /PH 5 -0 Turf Removal Program Agreement Backup Material Agreement for Participation in Municipal Water District of Orange County's Turf Removal Program This agreement for participation and, where indicated, co- funding ( "Agreement ") is made on the last date signed below by and between MUNICIPAL WATER DISTRICT OF ORANGE COUNTY ( "MWDOC ") and the YORBA LINDA WATER DISTRICT ( "Participant "). When executed, this Agreement provides for participation in the Turf Removal Program ( "Program ") administered by MWDOC in Participant's service area, as described herein. 1. Rebate Program. MWDOC has developed and arranged funding for the Program through the Metropolitan Water District of Southern California ( "Metropolitan "). The Program will provide financial incentives on a first come, first served basis while Metropolitan funding lasts for the removal of turf by residential and small commercial water users within Participant's service area. Turf removal projects must meet Program Guidelines and Terms and Conditions to be eligible for financial incentives in the form of a cash payment for each square foot of removed turf. A copy of the Program Guidelines and Terms and Conditions, as amended from time to time, are attached hereto as Exhibits A and B. The Program's objectives are to achieve savings in water consumption, reduce water runoff to storm drains and natural water bodies, and promote the goals of the applicable Best Management Practices. 2. Site Inspection; Election by Participant. Participant must either (1) conduct pre- and post - turf removal site inspections for all Program Applications submitted to MWDOC from within the Participant's service area, or (2) provide funding to MWDOC, as set forth in Section 2.1.3 below, for the cost of MWDOC's site installation inspection consultant, Mission Resource Conservation District (MRCD), to conduct both pre- and post -turf removal inspections. By its initials below, Participant hereby elects to either: (1) Conduct its own inspections, as described herein: or (2) Provide funding to MWDOC to conduct inspections, as described herein: Initials Here Initials Here 2.1. If Participant elects to provide funding to MWDOC for MRCD inspection services for the pre- and post -turf removal inspections, Participant shall be responsible for the following activities. 2.1.1. Upon receipt of a completed application, MWDOC will contact MRCD to request a pre -turf removal inspection. At the conclusion of the pre -turf removal inspection, and from the results of the pre -turf removal inspection, MWDOC will notify Participant of MWDOC's preliminary determination that the application under consideration should be approved or denied. Participant shall promptly review MWDOC's determination and inform MWDOC whether it agrees or disagrees. MWDOC will work with Participant in good faith to resolve differences of opinion regarding the status of a particular Agreement for Participation MWDOC Turf Removal Program application, but the final decision on issuing a Notice to Proceed lies with MWDOC. Once MWDOC has made a final decision on an application, MWDOC will issue a Notice to Proceed or a Participation Denial Notice to the applicant. 2.1.2. Participant shall be responsible for the actual cost charged to MWDOC by MRCD for pre- and post -turf removal inspections, which will be invoiced to Participants on a monthly basis by MWDOC. MRCD inspection costs are invoiced to MWDOC pursuant to a services agreement between MRCD and MWDOC. At the time this Agreement is executed, the residential turf removal inspection cost as charged to MWDOC by MRCD is $105 per residential inspection. The total cost for both pre and post -turf removal residential inspections is thus $210.00. The current commercial inspection cost as charged to MWDOC by MRCD is approximately $165.36 per inspection, based on an average of four (4) hours for a small commercial site at $37.84 per hour, plus $28 per hour for inspection verification administration. Again, two commercial inspections are required, for a total estimated cost of $330.72. Should the MRCD costs decrease or increase, MWDOC will pass these changes through to Participant. 2.1.3. Inspection Funding Cap. Participant agrees to provide inspection funding for inspections conducted by MRCD as requested by Participant, up to $0.00. MWDOC agrees that it shall inform Participant when that cap has been reached. At that point, Participant shall have the following options and shall immediately inform MWDOC of its decision to: (1) elect to perform the pre- and post -turf removal inspections, (2) increase the funding cap via letter from Participant's General Manager, or (3) end its participation in the Program. Selecting option #3 will not eliminate Participant's responsibility to perform or fund pre -and post -turf removal inspections underway (in the queue). 2.2. If Participant elects to perform the pre- and post -turf removal inspections, Participant shall be responsible for the following activities. 2.2.1. Upon receipt of a Program Application, MWDOC shall enter the application information into its database and issue a pre -turf removal inspection work order to Participant. Participant shall schedule and conduct the pre -turf removal inspection, complete the pre -turf removal work order as provided by MWDOC with the required data and site photographs, and establish that the applicant's proposed project and site are consistent with the intent of the Program. The pre -turf removal inspection shall establish that the applicant's site consists of between 250 and 10,000 square feet of live turf being irrigated with potable water. Participant must notify MWDOC If any site is being irrigated with recycled water. 2.2.2. At the conclusion of the pre -turf removal inspection, Participant shall submit the completed work order and site photographs to MWDOC. The pre -turf removal inspection work order shall contain Participant's recommendation to approve or deny the application. If MWDOC staff agrees with the recommendation, it shall approve the application, designate the site as an eligible Program turf removal project, and issue a Notice to Proceed to the applicant, or reject the application and issue a Participation Denial Notice to the applicant. The post -turf removal inspection work order shall be the basis for calculating the rebate incentive. Agreement for Participation MWDOC Turf Removal Program 2.2.3. If MWDOC staff disagrees with Participant's recommendation, MWDOC will so notify Participant. Participant may renew its recommendation and submit it to MWDOC for reconsideration, but the final decision on a Notice to Proceed lies with MWDOC. 2.2.4. It will be the responsibility of applicant to notify MWDOC that the work has been completed at the site. Upon notification from the applicant that the work has been completed, MWDOC shall issue a post -turf removal work order to Participant. Participant shall schedule and conduct the post -turf removal inspection, complete the post -turf removal work order as provided by MWDOC with the required data and site photographs, and establish that the applicant's completed project and site are consistent with the intent of the Program. 2.3. The post -turf removal inspection, whether completed by Participant or MRCD, shall establish the items set forth in Sections 2.3.1- 2.3.6 below. At the conclusion of the post - turf removal inspection, MWDOC will direct its accounting department to issue a rebate incentive check to the party listed on the Program application within a ten (10) week period. Rebate incentive shall be based on the square footage calculation listed on the post -turf removal work order. 2.3.1. The site's precise turf removal area in square feet as removed in association with this Program. This shall be the basis for calculating the amount of each site's rebate, not to exceed initial pre -turf removal inspection measurements and the total turf removal project cost. 2.3.2. The site's turf removal area does not include any live turf. 2.3.3. The converted area's irrigation system, if any, is a low flow system (drip, bubblers, or low- precipitation high- efficiency rotating nozzles). If part of a lawn is converted, the sprinkler system must be properly modified to provide adequate coverage to the remaining lawn without spraying the converted area. 2.3.4. All exposed soil in the converted area is covered with a 2 -3" layer of mulch, except in areas planted with creeping or rooting groundcovers. 2.3.5. Converted area is permeable to air and water. Weed barriers must be permeable. Pavers must have sufficient spacing to allow water to permeate project area. Concrete, plastic sheeting or other impermeable surfaces do not qualify for incentives under the Program. 2.3.6. No invasive plant species are used. 3. Optional Requirements for Participants Providing Supplemental Funding For Rebate Incentives. Participant has the option to provide supplemental funding to customers in its service area to further incentivize participation. Supplemental funding for rebate incentives on behalf of Participant, if any, is set forth in Table 3.1 below. If Participant has elected not to provide additional funding upon initial execution of this Agreement, Table 3.1 below will contain "$0" funds: TABLE 3.1 — OPTIONAL SUPPLEMENTAL FUNDING Agency: YORBA LINDA WATER DISTRICT Supplemental Funding Levels Incentive per Square Foot/site $0.00 Not to Exceed Funding Cap $0.00 Agreement for Participation MWDOC Turf Removal Program Without formal written amendment of this Agreement, Participant (if no supplemental funding is initially provided) may at any time during the term of the Agreement notify MWDOC that it will begin providing supplemental funding. In addition, at any time during the term of the Agreement, Participant may make additional supplemental funding available. Both changes may be accomplished by written notice to MWDOC in the form of a letter from Participant's General Manager. If Participant notifies MWDOC of its intent to terminate its supplemental funding, or the maximum supplemental funding amount is exhausted, Participant will be responsible for all supplemental funding for those applicants approved in the Program. Once supplemental funding is exhausted, MWDOC will continue to offer the basic incentives provided herein. 4. MWDOC's Obligations. In addition to the obligations stated above, under this Agreement MWDOC shall be responsible to Participant for the following: 4.1. Providing a base incentive of up to $2.00 per square foot of verified removed turf on a first come first served basis while Metropolitan funds exist during the term of this Agreement to the eligible applicants who successfully complete the participation process. MWDOC does not guarantee the Metropolitan funding will last the entire term of the Agreement; 4.2. Databasing all applications received on Participant's behalf; 4.3. Ensuring that timely reports on the Program's results are prepared by MWDOC's staff; 4.4. Developing a database of information regarding participation in the Program and providing monthly electronic and written reports of activity to Participant. The electronic reports will include, without limitation, Participant's customer account number, customer name, service address, quantity of turf removed, Participant's level of supplemental funding provided (if any), and base incentive paid; 4.5. Invoicing Participant for its supplemental funding obligation and monitoring the number of rebate applications approved in Participant's service territory to ensure that it is within the "Optional Supplemental Funding" as provided in Table 3.1 of this Agreement. MWDOC does not guarantee any minimum number of rebates will be available for Participant's service area. 4.6. Invoicing Participant for Participant's obligation for inspection services as performed by MWDOC's inspection contractor, MRCD. 4.7. Reporting to Metropolitan on a monthly basis, detailing the Program's activity and requesting reimbursement for those activities at a rate of up to $1.00 per square foot of removed turf. 5. Participant's Obligations. In addition to the obligations stated above, under this Agreement Participant shall be responsible to MWDOC for the following: 5.1. Based on invoicing from MWDOC, paying MWDOC for the amount of supplemental funding(s) expensed on its behalf within thirty (30) days of the date of the MWDOC invoice. 5.2. Based on invoicing from MWDOC, paying MWDOC for the inspection services MWDOC's inspection contractor, MRCD, performed for Participant. 5.3. Working with MWDOC in good faith to evaluate each site's qualifications for participation in the Program. 5.4. Working in an expedient manner to process all applicants through the Program. 4 Agreement for Participation MWDOC Turf Removal Program 6. Confidentiality. MWDOC agrees to maintain the confidentiality of Participant's customer names, addresses and other information about participants in the Program gathered in connection with the Program, and MWDOC will not cause or permit the disclosure of such information except as necessary to carry out the Program or as required by law. To the extent MWDOC contracts with third party contractors to carry out all or any portion of the Program, MWDOC will require such contractors to maintain the confidentiality of such customer information. 7. Indemnification. MWDOC has designed the Program so that the applicant is solely responsible for the manner in which the turf is removed and selection of the landscape contractor, if any, that will remove it, and each applicant will be required to sign a release and waiver of any claims against MWDOC and Participant. MWDOC will require applicants to indemnify MWDOC and Participant against claims arising out of the turf removal. Nevertheless, to the extent that MWDOC or Participant or their respective staffs perform any activities in connection with the Program, each agrees to indemnify and hold the other harmless from any and all liability, claims, obligations, damages and suits arising out of such activities. 8. Term. This Agreement shall commence on the last date signed below and continue until June 30, 2015 ( "Program Expiration "), unless extended by the parties. 9. Early Termination. Participant may terminate this Agreement at any time upon thirty (30) days' written notice to MWDOC. MWDOC may terminate this Agreement prior to the Program Expiration date without prior notice in the event funding for the Program is exhausted, reduced, eliminated or unavailable from any funding source, for any reason. If MWDOC deems it necessary to terminate this Program for any other reason, MWDOC shall give Participant thirty (30) days' written notice. In the event of termination by either party, Participant shall be responsible for payment of its supplemental funding contribution (if provided),and any pre and post turf removal inspection costs, as performed by MRCD, for all applications for which MWDOC has issued a Notice to Proceed prior to the effective date of the termination. MUNICIPAL WATER DISTRICT OF YORBA LINDA WATER DISTRICT ORANGE COUNTY Robert J. Hunter, General Manager Steve Conklin, Acting General Manager Date: Date: Approved as to Form Kidman Law, LLP Arthur G. Kidman, Esq. Date: Agreement for Participation MWDOC Turf Removal Program Exhibit A Program Guidelines PARTICIPATION INSTRUCTIONS 1. PLEASE NOTE: Projects that are underway or are already completed prior to submitting an application are not eligible due to the inability to accurately measure the area and verify live turf exists. Applications are processed in the order in which they are received. This offer will be distributed on a first -come, first served basis while funding lasts. 2. Please fill out all fields of the application and submit it, along with a copy of your recent water bill and a simple site plan, to: Turf Removal Program c/o Municipal Water District of Orange County P.O. Box 20895 Fountain Valley, CA 92728 -0895 Each applicant must include a simple site plan of the area to be removed with their application submittal. 3. After we receive your application and establish eligibility under the guidelines of the Program, you will be contacted within two weeks to schedule a mandatory Pre -Turf Removal Site Inspection. Projects that do not establish eligibility will have their applications returned along with a Participant Denial Letter. Not all Projects submitted will be approved. 4. You must provide the inspectors full access to the proposed Project site during daylight hours, Monday thru Friday. Once your Pre -Turf Removal Site Inspection is complete, the results will be forwarded to the Program Administrator for review. If your site qualifies for the Program, a Notice to Proceed will be mailed /e- mailed out to you within ten (10) business days. Upon receipt of this Notice to Proceed, you may begin your Project. You will have sixty (60) days from receipt of the Notice to complete the work. • As soon as all work is complete, you must contact the Program Administrator via e -mail at sramirez(cmwdoc.com to indicate that the work is completed. The Program Administrator will then make arrangements to schedule the mandatory Post -Turf Removal Site Inspection. You must again provide the inspectors with full access to the Project site during daylight hours, Monday thru Friday. At the time of your Post -Turf Removal Site Inspection, you must submit to the inspector copies of all invoices and /or receipts showing any costs incurred during the Project. Costs include materials, dumping fees, design work, etc. Labor costs will be reimbursed if, and only if, a licensed contractor was hired. If you perform the turf removal work yourself, labor costs are not reimbursable. Rebate amount is not to exceed overall project cost. 5. The Post -Turf Removal Site Inspection shall establish the following: • The removal site does not include any live turf. • The water system, if any, is a low flow system (drip, bubblers, or high efficiency, low precipitation rotating nozzles). If part of a lawn is converted, the sprinkler system must be properly modified to provide adequate coverage to the remaining lawn 6 Agreement for Participation MWDOC Turf Removal Program without spraying the converted area. • All exposed soil is covered with a 2 -3" layer of mulch (acceptable mulch includes compost, bark, wood chip, decomposed granite, river rock), except in areas planted with creeping or rooting groundcovers. • Converted area is permeable to air and water. In order to determine your turf removal project area is permeable, water may be directly applied to the area for up to 3 minutes. Weed barriers must be permeable. Concrete, plastic sheeting, or other impermeable surfaces do not qualify for incentives under the Program. Grout and /or mortar are not considered permeable and will disqualify the site from the rebate program if installed. Pavers or bricks that are sand filled and /or spaced sufficiently to allow air and water to pass through can be included in your conversion area so long as all program requirements have been met. • No invasive plant species are used. Click on the link below for more information. http: / /www.cal- ipc.org/ landscaping /dpp /planttypes.php ?region =socal 6. After this final, MANDATORY Post -Turf Removal Site Inspection is conducted, your incentive check will be issued within ten (10) weeks. 7. All work performed in association with this Program, including the Post -Turf Removal Site Inspection, must be completed within 60 days of receiving your Notice to Proceed. 8. The Municipal Water District of Orange County, your retail water agency, and /or their representative will take photos of landscapes being renovated through this Turf Removal Program and use those photos for reproduction or promotional purposes. Identifying location features, such as address numbers, will not be included in any promotional materials. ELIGIBILITY GUIDELINES Rebates are available for residential and small commercial properties that have submitted an application and received a Pre -Turf Removal Site Inspection, a Notice to Proceed from the Program Administrator, and a Post -Turf Removal Site Inspection. Projects underway or already completed prior to submitting an application are not eligible due to the inability to accurately measure the project area and verify live turf was alive and well - maintained. • The property must receive water service from a participating retail water agency. Visit www.mwdoc.com /services /turf- removal for a list of participating agencies. Areas to be converted must have well maintained live turf (free of weeds and patches of bare soil) and must be irrigated with potable water at the time the Pre -Turf Removal Site Inspection is performed - brown, dead looking turf does not qualify. Commercial sites irrigated with recycled water will be considered on a case -by -case basis. • All turf removal conversions, including historic sites, are subject to the terms of their local agency's landscape ordinance and must comply with all applicable Federal, State, and local laws, as well as applicable Covenants, Conditions & Restrictions and /or Homeowners Association restrictions. Agreement for Participation MWDOC Turf Removal Program • Since funding is limited, this OFFER IS LIMITED and is available on a first -come, first - served basis to eligible participants only while funding lasts. IN ORDER FOR THE REBATE TO BE ISSUED, ALL PROGRAM TERMS, INSTRUCTIONS, AND GUIDELINES MUST BE MET, INCLUDING PERFORMANCE OF YOUR POST -TURF REMOVAL SITE INSPECTION, PRIOR TO THE EXPIRATION OF THE 60 DAY NOTICE TO PROCEED. Agreement for Participation MWDOC Turf Removal Program Exhibit B Terms and Conditions All potential Program participants should review the following Terms and Conditions: PROGRAM TERMS • Only one Turf Removal rebate per address will be issued. Please apply for the maximum area you plan to convert. Maximum rebate paid will not exceed the cost of the project, as described on the program application. • Prior to submitting a rebate application, applicants must have obtained any necessary approvals for their turf removal project from their city's code enforcement and /or HOA /CC &R board. Delays from your failure to obtain an approval may result in your rebate application being cancelled. • Residential and Commercial sites are required to submit a simple design plan showing the proposed turf removal area along with a simple design of your new landscape. • A minimum of 250 square feet of turf must be removed. Exception: Projects less than 250 square feet may qualify if the Project will completely eliminate turf from the property. • At the time of the Post -Turf Removal Site Inspection, applicant must submit to the inspector copies of all invoices and /or receipts showing any costs incurred during the Project. Costs include materials, dumping fees, design work, and labor. Labor costs will be reimbursed if, and only if, a licensed contractor was hired. If you perform the turf removal work yourself, labor costs will not be considered as part of your overall project costs. Rebate amount is not to exceed overall project cost. • Notices to Proceed are valid for sixty (60) days. Projects must be completed and the Post -Turf Removal Site Inspection performed prior to the notice expiring. • Rebates may be considered taxable income, and a signed IRS W -9 form is required for rebates of $600 or more. Municipal Water District of Orange County, Metropolitan Water District of Southern California, and your local retail water agency are not responsible for any taxes, penalties, or interest that may be imposed in connection with your receipt of any rebate. • Converted areas are subject to mandatory Pre- and Post -Turf Removal Site Inspections. If the Pre and /or Post -Turf Removal Site Inspections cannot be scheduled and completed during the Program term, rebates will not be issued. • The converted area must remain in compliance with all Program conditions for a period of five (5) years. If this requirement is violated, you may be required to refund all or a portion of the rebate. This requirement to maintain Program conditions is not binding on successor owners. Agreement for Participation MWDOC Turf Removal Program RELEASE OF CLAIMS AND INDEMNIFICATION Neither the Municipal Water District of Orange County, the Metropolitan Water District of Southern California, your retail water agency, or their contractors or agents makes any representation or warranty regarding the contracted services or products that you may select for your Project under this Program. Removal of turf and installation of water efficient devices and plants does not guarantee reduced water use. By participating in the Program and accepting the rebates provided, you thereby release the Municipal Water District of Orange County, the Metropolitan Water District of Southern California, your retail water agency, and their contractors and agents from any and all claims and causes of action that may arise out of your removal of turf from your property and /or the purchase, installation, and /or use of water efficient devices in connection with this Turf Removal Program. Any and all claims or causes of action you may have in connection with any defect or failure of performance of any contracted service or installed product or device provided to you for your Project may only be pursued with the contractor you hired or the appropriate manufacturer /distributor. The Municipal Water District of Orange County, the Metropolitan Water District of Southern California, and your retail water agency are responsible for operating and enforcing the terms and conditions of the Turf Removal Program. You, as the Program participant, are responsible for ensuring that your Project complies with all applicable Federal, State and local laws, as well as applicable CC &Rs and /or HOA restrictions. Quality of work and appearance of the converted area are the responsibility of the participant. Further, you agree to indemnify, defend, and hold harmless the Municipal Water District of Orange County, the Metropolitan Water District of Southern California, your retail water agency, and their directors, officers, employees, contractors, and agents from all liability and claims of any kind arising out of or related to your removal of turf and purchase, installation, and use of water efficient devices in connection with this Program. 10 Meeting Date: To: From: Presented By: Prepared By: Subject: AGENDA REPORT June 26, 2014 Board of Directors Steve Conklin, Acting General Manager Budgeted Total Budget: Gina Knight, HR /Risk Manager Dept: Gina Knight, HR /Risk Manager ITEM NO. 7.2 Yes 13,700 Human Resources /Risk Management Reviewed by Legal: Yes Professional Services Agreement with Norman A. Traub Associates. STAFF RECOMMENDATION: That the Board of Directors authorize the General Manager to execute a Professional Services Agreement with Norman A. Traub Associates to provide investigative services and background checks. COMMITTEE RECOMMENDATION: The Personnel -Risk Management Committee considered this item at its meeting on June 10, 2014 and supports staff's recommendation. DISCUSSION: In the past, the District has contracted with Norm Traub for investigative services and background checks. The District has experienced positive results from the professional investigative services provided. ATTACHMENTS: Name: Norm Traub vlwd draft agreement 050114.docx Approved by the Board of Directors of the Yorba Linda Water District 6/26/2014 MB /PH 5 -0 Description: Norman A. Traub Associates PSA Type: Backup Material PROFESSIONAL SERVICES AGREEMENT BETWEEN THE YORBA LINDA WATER DISTRICT AND Norman A. Traub Associates THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is made and entered into on , 2014, by and between the YORBA LINDA WATER DISTRICT, a local public agency, created and operating under authority of Division 12 of the California Water Code ( "District "), and Norm Traub, an individual ( "Consultant ") (collectively referred to herein as the "Parties "). RECITALS WHEREAS, District and Norm Traub and Associates, a corporation ( "Traub ") are currently parties to an agreement whereby Traub provides investigative services to the District; WHEREAS, Traub has informed the District that it is no longer a corporation effective January 1, 2014; WHEREAS, District requires a professional consultant with the requisite knowledge, skill, ability and expertise to provide investigative services to which the specialized services of Consultant are appropriate; WHEREAS, Consultant has informed the District that it desires to provide investigative services to the District pursuant to terms herein; and WHEREAS, Consultant represents to District that it is fully qualified and available to perform the services for and as requested by District. NOW, THEREFORE, in consideration of the mutual promises, covenants, and terms and conditions herein, the Parties agree as follows: AGREEMENT 1.0. SCOPE OF WORK. Consultant agrees to provide District with investigative services ( "Work ") as requested by District. Work shall be performed in accordance with the standards customarily provided by an experienced and competent professional rendering the same or similar services. Consultant shall request prior written approval from the District before performing Work. For each request for Work, Consultant shall list the proposed Work, including the hours expected for performance of the proposed Work. Consultant shall not start the proposed Work before it obtains written approval from the District and District shall have no responsibility to compensate Consultant for any Work provided by Consultant without such prior written approval. 1 of 8 YLWD Professional Services Agreement — 2014 The District representative must approve the first phase, which would be for preliminary meetings with the District's representative and the complaining party. After the preliminary meetings, Consultant will be able to estimate the number of persons to be interviewed and the complexity of the matter. The District also must approve the second phase work. 2.0 COMPENSATION. As compensation for performance of the Work, District shall pay Consultant at the rate of One Hundred and Thirty Dollars ($130.00) per hour plus expenses. The District shall reimburse the Consultant for the cost of a business license, if one is required by the District. In the event the Consultant is required to provide testimony at a post- investigation hearing; deposition or trial, District shall pay Consultant at the rate of Two Hundred and Fifty Dollars ($250.00) per hour (four hours minimum) plus expenses. The cost for executive background investigations is $2,600 plus expenses. The cost for surveillances is $90.00 per hour plus expenses. 2.1. Invoicing. Consultant shall submit an invoice within ten (10) days after the end of each month during the term of this Agreement describing the Work performed for which payment is requested. District shall review and approve all invoices prior to payment. District shall pay approved invoices within thirty (30) days of receipt. Consultant agrees to submit additional documentation to support the invoice if requested. If District does not approve an invoice, The District may be subject to a ten (10) percent additional fee for payments not received within forty (45) days of the date of the invoice. District shall send a notice to Consultant setting forth the reason(s) the invoice was not approved. Consultant may re- invoice District to cure the defects identified by District. The revised invoice will be treated as a new submittal. District's determinations regarding verification of Consultant's performance, accrued reimbursable expenses, if any, and percentage of completion shall be binding and conclusive. Consultant's time records, invoices, receipts and other documentation supporting the invoices shall be available for review by District upon reasonable notice and shall be retained by Consultant for three (3) years after completion of the Project. 2.2. Extra Services. Before performing any services outside the scope of this Agreement ( "Extra Services "), Consultant shall submit a written request for approval of such Extra Services and receive written approval from District. District shall have no responsibility to compensate Consultant for any Extra Services provided by Consultant without such prior written approval. 3.0 TERMINATION. This Agreement shall terminate on June 30, 2015. Notwithstanding the foregoing, District may terminate this Agreement at any time upon ten (10) days written notice to Consultant. Should District exercise the right to terminate this Agreement, District shall pay Consultant for any Work satisfactorily completed prior to the date of termination, based upon Consultant's Fee Schedule. Consultant may terminate this Agreement upon ten (10) days written notice to District in the event of substantial failure by District to perform in accordance with the terms hereof through no fault of Consultant; or in the event District fails to pay Consultant in accordance with the terms in Section 2.0; or if Consultant's Work hereunder is suspended for a period of time greater than ninety (90) days through no fault of Consultant. 2 of 8 YLWD Professional Services Agreement — 2014 3.1. Withholding Payment. In the event District has reasonable grounds to believe Consultant will be materially unable to perform the Work under this Agreement, or if District becomes aware of a potential claim against Consultant or District arising out of Consultant's negligence, intentional act or breach of any provision of this Agreement, including a potential claim against Consultant by District, then District may, to the fullest extent allowed by law, withhold payment of any amount payable to Consultant that District determines is related to such inability to complete the Work, negligence, intentional act, or breach. 4.0. SAFETY. Consultant shall conduct and maintain the Work so as to avoid injury or damage to any person or property. Consultant shall at all times exercise all necessary safety precautions appropriate to the nature of the Work and the conditions under which the Work is to be performed, and be in compliance with all applicable federal, state and local statutory and regulatory requirements including State of California, Department of Industrial Relations (Cal /OSHA) regulations. Consultant is responsible for the safety of all Consultant personnel at all times during performance of its Work, including while on District property. 5.0 INDEMNIFICATION. 5.1. When the law establishes a professional standard of care for the Consultant's services, to the fullest extent permitted by law, Consultant will defend, indemnify and hold harmless District, its directors, officers, employees, and authorized volunteers from and against all claims and demands of all persons that arise out of, pertain to, or relate to the Consultant's negligence, recklessness, or willful misconduct in the performance (or actual or alleged non - performance) of the Work under this Agreement. Consultant shall defend itself against any and all liabilities, claims, losses, damages, and costs arising out of or alleged to arise out of Consultant's performance or non - performance of the Work hereunder, and shall not tender such claims to District nor to its directors, officers, employees, or authorized volunteers, for defense or indemnity. The District shall defend the consultant for omissions and acts of negligent or willful misconduct by the District. 5.2. Other than in the performance of professional services, to the fullest extent permitted by law, Consultant will defend, indemnify and hold harmless District, its directors, officers, employees and authorized volunteers from and against all claims and demands of all persons arising out the performance (or actual or alleged non- performance) of the Work (including the furnishing of materials), including but not limited to claims by the Consultant, Consultant's employees and any subconsultants for damages to persons or property, except for damages resulting from the willful misconduct, sole negligence or active negligence of District, its directors, officers, employees, or authorized volunteers. 5.3. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against District or any of its directors, officers, employees, or authorized volunteers, with legal counsel reasonably acceptable to District. (I need this explained 3 of 8 YLWD Professional Services Agreement — 2014 further. I'm not sure if it is reasonable. It is too broad. It may be a killer to any agreement. We conduct a variety of personnel issues. Employee may disagree with our independent findings, but it is the responsibility of the District to take actions that they deem appropriate. It the subject employee decides to appeal the actions of the District, we would be named as co- defendants. We should not be required to defend the District. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against District or any of its directors, officers, employees, or authorized volunteers, in any and all such aforesaid suits, actions, or other legal proceedings for which Consultant is obligated to defend, indemnify and hold harmless District, its directors, officers, employees and authorized volunteers under this Agreement. 6.0 INSURANCE REQUIREMENTS. Prior to execution of this Agreement, and at any time thereafter on request, Consultant shall provide executed certificates of insurance and policy endorsements acceptable to District evidencing the required coverage and limits for each insurance policy. Each insurance policy shall be primary insurance as respects District, its affiliated organizations and its and their respective officers, directors, trustees, employees, agents, consultants, attorneys, successors and assigns (collectively, the "Covered Parties ") for all liability arising out of the activities performed by or on behalf of Consultant. Any insurance, pool coverage, or self - insurance maintained by Covered Parties shall be excess of Consultant's insurance and shall not contribute to it. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the Covered Parties or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to loss. Consultant waives its right of recovery against the Covered Parties for damages covered by insurance required by this Agreement. The insurer issuing the Workers' Compensation insurance shall amend its policy to waive all rights of subrogation against the Covered Parties. Each insurance policy shall provide, or be endorsed to provide, that coverage shall not be cancelled except after thirty (30) days prior written notice by U.S. Mail (ten (10) days for non- payment of premium) has been given to District. Unless otherwise approved by District, each insurance provider shall be authorized to do business in California and have an A.M. Best rating (or equivalent) of not less than "A- :VII." Consultant shall provide and maintain at all times during the performance of this Agreement the following insurance: (1) Commercial General Liability ( "CGL ") insurance. 6.1. Commercial General Liability. Each CGL policy shall identify Covered Parties as additional insured, or be endorsed to identify Covered Parties as additional insured using a form acceptable to the District. Coverage for additional insured shall not be limited to vicarious liability. Defense costs must be paid in addition to limits. Each CGL policy shall have liability coverage limits of at least $1,000,000 per occurrence for bodily injury, personal injury and property damage, and $2,000,000 aggregate total bodily injury, personal injury and property damage. CGL insurance and endorsements shall be kept in force at all times during the performance of this Agreement and all coverage required herein shall be maintained after the term of this Agreement so long as such coverage is reasonably available. 4of8 YLWD Professional Services Agreement — 2014 7.0. INDEPENDENT CONTRACTOR. The Parties agree that the relationship between District and Consultant is that of an independent contractor and Consultant shall not, in any way, be considered to be an employee or agent of District. Consultant shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of District. District will not be legally or financially responsible for any damage or loss that may be sustained by Consultant because of any act, error, or omission of Consultant or any other consultant, nor shall Consultant make any claim against District arising out of any such act, error, or omission. 7.1. Taxes and Benefits. Consultant shall be solely responsible for the payment of all federal, state and local income tax, social security tax, Workers' Compensation insurance, state disability insurance, and any other taxes or insurance Consultant, as an independent contractor, is responsible for paying under federal, state or local law. Consultant is not eligible to receive Workers' Compensation, medical, indemnity or retirement benefits through District, including but not limited to enrollment in Ca1PERS. Consultant is not eligible to receive overtime, vacation or sick pay. 7.2. Permits and Licenses. Consultant shall procure and maintain all permits, and licenses and other government- required certification necessary for the performance of its Work, all at the sole cost of Consultant. None of the items referenced in this section shall be reimbursable to Consultant under the Agreement. 7.3. Methods. Consultant shall have the sole and absolute discretion in determining the methods, details and means of performing the Work required by District. Consultant shall furnish, at its own expense, all labor, materials, equipment, tools and transportation necessary for the successful completion of the Work to be performed under this Agreement. 7.4 Subconsultants. District shall not have any right to direct the methods, details and means of the Work; however, Consultant must receive prior written approval from District before using any subconsultants or subconsultant agreements for services under this Agreement and any work authorizations. Consultant's contract with each subconsultant shall include (1) an agreement by the subconsultant to indemnify the Covered Parties against, and defend and hold each of them harmless from, any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person or entity arising out of or in any manner directly or indirectly related to the operation or activities of the subconsultant in connection with the Work, including defense costs and attorney's fees; (2) insurance requirements for the subconsultant that are the same as the requirements imposed on the Consultant by Section 6.0. Consultant shall be responsible to enforce compliance with these requirements, and all documentation establishing compliance shall be made available to the District upon request. 8.0. NOTICES. Any notice may be served upon either Party by delivering it in person, or by depositing it in a U.S. Mail Deposit Box with the postage thereon fully prepaid, and addressed to the Party at the address set forth below: 5 of 8 YLWD Professional Services Agreement — 2014 District: Steve Conklin, Acting General Manager Yorba Linda Water District 1717 E. Miraloma Placentia, California 92870 Consultant: Norman Traub Norman A. Traub Associates 5409 Via Fonte Yorba Linda, CA 92886 Any notice given hereunder shall be deemed effective in the case of personal delivery, upon receipt thereof, or, in the case of mailing, at the moment of deposit in the course of transmission with the United States Postal Service. 9.0 ASSIGNMENT. Neither Consultant nor District may assign or transfer this Agreement, or any part thereof, without the prior written consent of the other Party, which shall not be unreasonably withheld. 10.0 ATTORNEY'S FEES. In the event of any action arising out of, or in connection with, this Agreement, or the Work to be performed hereunder, the prevailing Party shall be entitled to have and recover, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including without limitation, its attorney's fees. 11.0. BINDING ARBITRATION. Within thirty (30) days after service of a civil action on either Party arising out of, or in connection with, this Agreement, either Party may elect to submit the action to binding arbitration before the Judicial Arbitration and Mediation Service ( "JAMS "), located in Orange County. The Parties agree that upon an election to arbitrate, any civil action filed will be stayed until arbitration proceedings have concluded. Upon submission of the matter to JAMS, the submitting Party shall obtain from JAMS a list of three (3) randomly selected arbitrators and serve said list upon the other Party. In the event that there are more than two parties to the action, the number of arbitrators randomly selected and included in the list shall be increased by two for each additional party involved. Upon service of the randomly selected list of arbitrators, each party shall have twenty (20) days to eliminate two arbitrators from the list and return it to JAMS, with the selected arbitrator being the remaining name on the list. Should more than one name remain on the list, JAMS will randomly select the arbitrator from the names remaining on the list. Arbitration shall be scheduled for hearing on the merits no later than six (6) months after the date the arbitrator is selected. All parties shall be permitted to conduct discovery as provided by the current rules of the California Code of Civil Procedure. All costs of JAMS or of the arbitrator for Work shall be divided equally among the Parties, unless otherwise ordered by the arbitrator. In an arbitration to resolve a dispute under this provision, the arbitrator's award shall be supported by law and substantial evidence. 12.0 FORCE MAJEURE. Upon written notice by the owing Party, the respective duties and obligations of the Parties hereunder (except District's obligation to pay Consultant such sums as may become due from time to time for Work rendered by it) shall be suspended while and so long as performance thereof is prevented or impeded by strikes, disturbances, riots, fire, .m YLWD Professional Services Agreement — 2014 governmental action, war acts, acts of God, or any other cause similar or dissimilar to the foregoing which are beyond the reasonable control of the Party from whom the affected performance was due. [INTENTIONALLY BLANK] 7 of 8 YLWD Professional Services Agreement — 2014 13.0 ENTIRE AGREEMENT. This Agreement, and the attached Attachments, represent the entire and integrated agreement between District and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both District and Consultant. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be entered into as of the day and year written above. District: Yorba Linda Water District Consultant: Norman A. Traub Associates IM Steve Conklin, Acting General Manager Norman A. Traub President, Board of Directors APPROVED AS TO FORM: Kidman Law LLP Arthur G. Kidman, General Counsel YLWD Professional Services Agreement — 2014 Meeting Date: To: From: Presented By: Prepared By: Subject: SUMMARY: AGENDA REPORT June 26, 2014 Budgeted Board of Directors Funding Source: Steve Conklin, Acting General Account No Manager Gina Knight, HR /Risk Manager Dept: Reviewed by Legal: Amelia Cloonan, Human Resources Analyst Liebert Cassidy Whitmore Legal Services ITEM NO. 7.3 Yes Operating Funds 1- 7010- 0780 -05 Human Resources /Risk Management N/A The District presently uses the law firm of Liebert Cassidy Whitmore (LCW) for representation in employment related matters. The law firm consists of 81 attorneys in four separate law offices. Effective July 1, 2014, LCW will be raising its professional service rates in order to continue to provide the District with public sector counsel. STAFF RECOMMENDATION: That the Board of Directors approve the proposed rate increase for legal services provided by Liebert Cassidy Whitmore. COMMITTEE RECOMMENDATION: The Personnel -Risk Management Committee considered this item at its meeting on June 10, 2014 and supports staff's recommendation. DISCUSSION: The District has received correspondence from Liebert Cassidy Whitmore informing staff that the law firm will be raising its rates effective July 1, 2014. LCW has not increased its rates for the last two and one -half years. The Liebert Cassidy Whitmore law firm specializes in the representation of management in public sector and employment law issues. Since 2007, the District has contracted with Liebert Cassidy Whitmore for labor negotiations and employment law representation. LCW indicates that the rate increase is due to the rising costs of doing business, which includes the price of office space, health care costs for employees and employee compensation. A schedule of the proposed rates is attached for review along with a copy of the current rates. ATTACHMENTS: Description: Type: SKMBT 055214052708590 LCW Rates.odf LCW Fee Schedule Backup Material Approved by the Board of Directors of the Yorba Linda Water District 6/26/2014 MB /PH 5 -0 LIEBERT CASSIDY WHITMORE FEE SCHEDULE (EFFECTIVE JULY 1, 2014) HOURLY RATES Partners $325.00 Of Counsel $285.00 Associates $190.00 - $265.00 Paraprofessionals & Litigation Support $75.00 - $150.00 Partners Of Counsel Associates LIEBERT CASSIDY WHITMORE FEE SCHEDULE EFFECTIVE JANUARY 1, 2012 CURRENT HOURLY RATES $290.00 $260.00 $160.00 - $240.00 PROPOSED HOURLY RATES $300.00 $265.00 $180.00 - $245.00 Paraprofessionals $100.00 - $130.00 $105.00 - $140.00 ITEM NO. 9.1 AGENDA REPORT Meeting Date: June 26, 2014 Subject: Executive - Administrative - Organizational Committee (Kiley / Collett) • Minutes of the meeting held June 9, 2014 at 4:00 p.m. • Next meeting is scheduled to be held July 14, 2014 at 4:00 p.m. ATTACHMENTS: Name: 060914 EAO - Minutes.docx Description: EAO Mtg Minutes 06/09/14 Type: Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT EXECUTIVE - ADMINISTRATIVE - ORGANIZATIONAL COMMITTEE MEETING Monday, June 9, 2014, 4:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. 3. 4. 5 The June 9, 2014 meeting of the Yorba Linda Water District's Executive - Administrative- Organizational Committee was called to order by Director Kiley at 4:00 p.m. The meeting was held in the Admin Conference Room at the District's Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. ROI I CAI I COMMITTEE STAFF Director Robert R. Kiley, Chair Steve Conklin, Acting General Manager Director Ric Collett Damon Micalizzi, Public Information Officer OTHER ATTENDEES Art Kidman, Partner, Kidman Law LLP Heather Dion, Senior Director, Townsend Public Affairs (By Teleconference) PUBLIC COMMENTS None. ACTION CALENDAR 4.1. Request to Sign Letter of Opposition to Senate Bill 26 Mr. Conklin reported that OCWD is requesting that YLWD send a letter in opposition to SB 26, which, if approved, would amend the OCWD Act regarding entering into lease agreements. The Committee discussed the potential impacts of the bill on OCWD and YLWD and the pros and cons of a letter at this time. Ms. Dion was asked for her thoughts on the bill and its potential implications. Following discussion, the Committee decided to take no action regarding a letter and to wait and follow the progress of the bill and amendments thereto. DISCUSSION ITEMS 5.1. Status of Legislative Affairs (Verbal Report) The Committee discussed with Ms. Dion local and state -wide political issues that relate to the District. At the completion of the discussion, Ms. Dion ended her telephone connection with the meeting. 1 0 5.2. Update of District Policies and Procedures (Verbal Report) Mr. Conklin provided a handout to the Committee showing the status of various district policies and procedures (P &Ps), broken down by the department responsible for generating, updating and maintaining each. He provided a sample for the Administration, HR /Risk Management, and Finance Departments, noting that each list will be reviewed monthly by the appropriate district committee to discuss status and progress. Mr. Conklin noted that these lists are a work in progress, and that staff plans to bring the proposed plan for updating the P &Ps to the Board in a workshop, suggested for Thurs July 31. Further, he suggested that July 31 be a two - part workshop, to discuss the P &Ps and then to discuss financial planning. The Committee supported the idea of the two -part workshop, which will be discussed with the Board on June 12. 5.3. Sharing of GIS Data with the City of Yorba Linda Mr. Conklin reported that, as previously discussed with the EAO Committee and the Board, staff is planning to share the District's GIS files with the City of YL. He reviewed the letter provided by the City that confirms that as a condition for the use of the data, the City releases YLWD from liability related to the accuracy of the data. He noted that District legal counsel reviewed the letter and found it acceptable. Following discussion, the Committee agreed that staff can proceed with the data transfer with the City. 5.4. Future Agenda Items and Staff Tasks Mr. Conklin briefed the Committee on two recent requests for information from the District, in accordance with the Public Records Act. CLOSED SESSION 6.1. Conference with Real Property Negotiators Pursuant to Section 54956.8 of the California Government Code Property: 4622 Plumosa Drive, Yorba Linda CA Agency Negotiators: Steve Conklin Negotiating Parties: To Be Determined Under Negotiation: Price and Terms of Payment 6.2. Conference with Legal Counsel — Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Related to line break at 1301 North Rose Drive, Placentia CA 92870. 04 Number of Potential Cases: One 6.3. Conference with Legal Counsel — Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Related to potential claim submitted on behalf of Charles Busch. Number of Potential Cases: One 6.4. Conference with Legal Counsel — Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Related to potential claim submitted on behalf of Christopher and Milany Pineda. Number of Potential Cases: One 6.5. Conference with Legal Counsel — Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Related to written communication received by the District. Number of Potential Cases: One The Committee reconvened in Open Session at 5:24 p.m. Director Kiley 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 5:25 p.m. The next Executive - Administrative- Organizational Committee meeting is scheduled to be held Monday, July 14, 2014 at 4:00 p.m. K Meeting Date Subject: ATTACHMENTS: ITEM NO. 9.3 June 26, 2014 Name: 061014 PRM - Minutes.doc AGENDA REPORT Personnel -Risk Management Committee (Hawkins / Melton) Minutes of the meeting held June 10, 2014 at 4:00 p.m. Next meeting is scheduled to be held July 8, 2014 at 4:00 p.m. Description: PRM Mtg Minutes 06/10/14 Type: Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PERSONNEL -RISK MANAGEMENT COMMITTEE MEETING Tuesday, June 10, 2014 4:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. 3 4 The June 10, 2014 meeting of the Yorba Linda Water District's Personnel -Risk Management Committee was called to order by Director Hawkins at 4:00 p.m. The meeting was held in the Admin Conference Room at the District's Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. ROI I CAI I COMMITTEE MEMBERS PRESENT Director Phil Hawkins, Chair Director Gary T. Melton PUBLIC COMMENTS None. ACTION CALENDAR STAFF PRESENT Steve Conklin, Acting General Manager Gina Knight, HR and Risk Manager 4.1. Professional Services Agreement with Norman A. Traub Associates for Background Checks and Investigative Services Ms. Knight presented to the Committee a professional services agreement from Norman A. Traub and Associates for investigative services and background checks. The Committee discussed this item and will recommend the Board of Directors consider authorizing the District's General Manager to execute a Professional Services Agreement with Norman A. Traub at the next Board of Directors meeting on June 26, 2014. 4.2. Professional Services Agreement with Liebert Cassidy Whitmore for Legal Services Ms. Knight presented to the Committee the proposed hourly rates for legal services from the Liebert Cassidy Whitmore law firm. The proposed rates become effective July 1, 2014. The Committee discussed this item and will recommend the Board of Directors consider authorizing the District's General Manager to execute a Legal Services Agreement with Liebert Cassidy Whitmore with the proposed rate increases at the next Board of Directors meeting on June 26, 2014. 1 5. DISCUSSION ITEMS 5.1. Educational Reimbursement Policy (Verbal Report) The Committee discussed the District's Educational Reimbursement policy. Ms. Knight informed the Committee that said policy was being revised to clarify the process for requesting approval for work - related courses as well as reimbursement for work - related courses. The Committee requested that the policy, following completion of revisions, come back to the Committee for review. 5.2. Human Resources, Risk Management, and Safety Activity Ms. Knight reported that the District's company picnic was attended by 70 individuals made up of District employees and their families. Two new hires commenced employment with the District: Alex Thomas, Water Quality Engineer and Bryan Hong, Associate Engineer. HR staff is conducting references /background checks on a successful candidate for one of two vacant Maintenance Worker I positions. Lastly, Ms. Knight informed the Committee that the District's Safety and Training Coordinator position was vacant as of May 27, 2014. The Committee discussed various options for filling the vacant position. 5.3. Status of Assessment of Job Descriptions and Titles (Verbal Report) Ms. Knight informed the Committee members that Koff and Associates was working on the revisions. 5.4. Status of Performance Evaluations (Verbal Report) Mr. Conklin advised the Committee members on the status of existing past -due performance evaluations. Ms. Knight shared with the Committee members that several of the past -due evaluations were at the draft level and had been reviewed and returned to the appropriate department manager for finalization. 5.5. Status of Policies and Procedures (Verbal Report) Ms. Knight presented a spreadsheet developed and created by the District's Executive Secretary that detailed dates, policies and procedures that were updated and /or revised. This spreadsheet will assist staff with tracking which policies have been revised as well as which policies need revision. The Committee members were pleased with the spreadsheet. This item will continue to remain on future Personnel /Risk Management Committee meeting agendas. 5.6. Future Agenda Items and Staff Tasks None. 2 6. ADJOURNMENT 6.1. The meeting was adjourned at 5:30 p.m. The next Personnel -Risk Management Committee meeting is scheduled to be held Tuesday, July 8, 2014 at 4:00 p.m. 3 Meeting Date Subject: ATTACHMENTS: AGENDA REPORT June 26, 2014 Planning- Engineering- Operations Committee (Melton / Beverage) Name: 060514 - PEO Minutes.docx ITEM NO. 9.4 Minutes of the meeting held June 5, 2014 at 10:00 a.m. Next meeting is scheduled to be held July 3, 2014 at 4:00 p.m. Description: PEO Mtg Minutes 06/05/14 Type: Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PLANNING - ENGINEERING - OPERATIONS COMMITTEE MEETING Thursday, June 5, 2014, 10:00 a. m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. 3 4. The June 2, 2014 meeting of the Yorba Linda Water District's Planning - Engineering- Operations Committee was called to order by Director Melton at 10:00 a.m. The meeting was held in the Admin Conference Room at the District's Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. ROI I CAI I COMMITTEE MEMBERS PRESENT Director Gary T. Melton, Chair Director Michael J. Beverage PUBLIC COMMENTS None. STAFF PRESENT Steve Conklin, Acting General Manager John DeCriscio, Operations Manager Javier Martinez, Water Op Supt Mr. Conklin requested that Item 4.7 be added to the Action Calendar for consideration by the Committee. ACTION CALENDAR 4.1. Awarding of Uniform - Supply Contract Mr. DeCriscio reported that the District solicited quotes from four companies for the District's Uniform - Supply contract. Three submitted cost quotes. Following discussion, the Committee supported the staff recommendation the Board authorize entering a 3 -year contract with the low bidder, Aramark Supply, with a total estimated contract cost of $30,000. 4.2. Renewal of Janitorial Contract Mr. DeCriscio reported that on April 11, 2013, the Board approved a Janitorial Services contract with SC Primesource for a 14 -month initial term and three potential annual renewals. The contractor is requesting a renewal for July 1, 2014 thru June 30, 2015. Mr. DeCriscio noted that the contractor has provided quality service and that approval of the 12 -month extension, with a total annual cost of $63,147, is recommended. Following discussion, the Committee supported the staff recommendation to the Board. 1 4.3. Construction Contract for the YLHS Park Pipeline Relocation Project Mr. Conklin reported that bids were received from 12 contractors for the subject project, and that, following review of the bids received, staff recommends award to the low bidder, Vido Samarzich, Inc., for $345,780. Following discussion, the Committee supported the staff recommendation. 4.4. Terms and Conditions for Water and Sewer Service with Shapell Homes for Tract 16208 Mr. Conklin reported that Shapell Homes is proposing to develop Tract 16208 into 40 single - family residential lots on 20 acres. This project is located with the area covered by the Pre - Annexation Agreement (PAA) executed between the District and Shapell. The project is located north of Bastanchury Rd and west of San Antonio. 4.5. Terms and Conditions for Water and Sewer Service with Shapell Homes for Tract 17653 Mr. Conklin reported that under the same PAA as above, Shapell is proposing to develop Tract 17653 with 21 homes on 16.4 acres. 4.6. Terms and Conditions for Water and Sewer Service with Shapell Homes for Tract 17654 Mr. Conklin reported that under the same PAA as above, Shapell is proposing to develop Tract 17654 with 58 homes on 24.1 acres. The Committee discussed Items 4.4, 4.5 and 4.6 together and supported the staff recommendation for approval of Terms and Conditions for Water and Sewer Service separately for each of the three tracts. 4.7 Proposed Change Order No. 1 for Well 21 Drilling Contract Mr. Conklin reported that work has been completed for the subject contract, and that the contractor is requesting a 70 -day no -cost change order due to unforeseen delays. Following discussion regarding the various project delays and other project issues, the Committee supported the staff recommendation that the Board authorize Change Order No. 1 for a 70 -day time extension. 5. DISCUSSION ITEMS 5.1. Status of Well Siting (Verbal Report) Mr. Conklin and Mr. DeCriscio reviewed with the Committee the location and pumping capacity of each of the District's potable water wells, including Well 21, which has been drilled and tested but not yet equipped. It was noted that the combined capacity of Well 20 and 21 is equal to that of four of the older existing wells located on the District's Miraloma site. Mr. Conklin pointed out that the District has a 16 -inch diameter pipeline in Richfield Rd that extends from Well 20 north to the northeast corner of our Miraloma site. This pipeline has the capacity to carry the 3200 gpm flow from Well 20 and a small part of the 3000 gpm capacity of the new Well 21. However, in order for the District to get the full benefit of the 6200+ 2 gpm combined capacity of the two wells, a second parallel pipeline must be constructed in Richfield Rd. Mr. Conklin noted that with Well 20 and 21, the well capacity of the District will be over 16,000 gpm, which exceeds the capacity needed in order to achieve a 70% BPP, following the completion of the new Fairmont Booster Station. Mr. Conklin recommended moving forward with the design of the new pipeline in Richfield, and with its construction as part of the construction of wellhead facilities for Well 21. In this regard, he recommended requesting a proposal for preparation of the pipeline design plans from Stantec Engineering, the firm retained by the District for design of the wellhead facilities for Well 21. Mr. Conklin noted that the FY2014/15 CIP Budget includes funding for construction of a replacement pipeline. Following discussion, the Committee supported the recommendations of staff. 5.2. Monthly Groundwater Production and Purchased Import Water Report (To be provided at the meeting.) Mr. DeCriscio reviewed the subject report with the Committee. He noted that water demand was 4.9% more than budgeted for the month of May and 8.6% more than budgeted for the 11 months of FY13/14. He reported that the District has produced 560 AF of groundwater for our CUP obligation, in partial fulfillment of our 2,741 AF obligation through June 30, 2015. 5.3. Monthly Preventative Maintenance (PM) Report (To be provided at the meeting). Mr. DeCriscio was pleased to report that all of the tasks listed on the PM Report are on schedule to meet or exceed their targets by June 30, 2014. 5.4. Monthly Production Summary Report (To be provided at the meeting). Mr. Martinez presented the subject report to the Committee, and provided information for the month of May on water production, weather conditions, water quality, equipment removed and returned to service, and repairs performed. He and Mr. DeCriscio reported on the work in progress to repair Well 1 and to return it to service. 5.5. Groundwater Producer Meeting Notes for May 2014 Mr. Conklin and Mr. DeCriscio reported on the items discussed at the May 14, 2014 Groundwater Producers meeting at OCWD. Of particular note was the concern for the continuing decrease in the baseflow of the Santa Ana River. 5.6. Status Report on Capital Projects in Progress Mr. Conklin reported on the status of capital projects currently is planning, design and construction. 5.7. Future Agenda Items and Staff Tasks None. 3 6. ADJOURNMENT 6.1. The meeting was adjourned at 11 Operations Committee meeting is 2014 at 4:00 p.m. 12 08 a.m. The next Planning- Engineering- scheduled to be held Thursday, July 3, Meeting Date Subject: ATTACHMENTS: AGENDA REPORT June 26, 2014 Public Affairs - Communications - Technology Committee (Collett / Kiley) Name: 061114 PACT - Minutes.docx ITEM NO. 9.5 Minutes of the meeting held June 11, 2014 at 4:00 p.m. Next meeting is scheduled to be held July 7, 2014 at 4:00 p.m. Description: PACT Mtg Minutes 06/11/14 Type: Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PUBLIC AFFAIRS - COMMUNICATIONS - TECHNOLOGY COMMITTEE MEETING Wednesday, June 11, 2014, 4:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. 3 4. The June 11, 2014 meeting of the Yorba Linda Water District's Public Affairs - Communications- Technology Committee was called to order by Director Collett at 4:00 p.m. The meeting was held in the Admin Conference Room at the District's Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. ROI I CAI I COMMITTEE MEMBERS PRESENT Director Ric Collett, Chair Director Robert R. Kiley PUBLIC COMMENTS None. DISCUSSION ITEMS STAFF PRESENT Steve Conklin, Acting General Manager Art Vega, Acting IT Manager Damon Micalizzi, Public Information Officer 4.1. CMMS & GIS Services Status (Verbal Report) Mr. Vega kept the Committee apprised of the current status of this project. Mr. Vega indicated that IT staff and ECS staff had a kick -off meeting. He displayed an outline for the tasks needed to complete the Strategic Plan for CMMS and GIS as discussed in the kick -off meeting. Mr. Vega further explained that a survey would be filled out by District staff in order to get their feedback for these Strategic Plans. Finally, Mr. Vega indicated that staff was planning to work on two Fridays to make sure GIS, CMMS, AutoCAD and the Hydraulic Model software are upgraded to the latest version. 4.2. Summer Newsletter Content and Target Mailing Date (Verbal Report) The Committee discussed content for the newsletter and set a target date of August 15, 2014 for mailing. 4.3. YLWD.com Updates (Verbal Report) Mr. Micalizzi reviewed with the Committee some changes made to the District's website and reported that the District would be working to create a "Transparency in Government" page that would greater facilitate public access to records, agendas, minutes, Board contact info and salary information. 1 4.4. Future Media Outreach and Press Relations (Verbal Report) Mr. Micalizzi updated the Committee on recent and potential upcoming stories of interest, potentially involving the District and or pertaining to special districts. 4.5. Status of Current Public Outreach Activities The Committee reviewed the report, noting the upcoming Yorba Linda Relay for Life was not publicized as much as it has been in year's past. 4.6. Future Agenda Items and Staff Tasks None. 6. ADJOURNMENT 6.1. The meeting was adjourned at 5:15 p.m. The next Public Affairs - Communications- Technology Committee meeting is scheduled to be held Monday, July 7, 2014 at 4:00 p.m. 04 Meeting Date Subject: ATTACHMENTS: AGENDA REPORT June 26, 2014 Meetings from June 27, 2014 - July 31, 2014 ITEM NO. 11.1 Description: Type: BOD - Activities Calendar.pdf Backup Material Backup Material Board of Directors Activity Calendar Event Date Time Attendance by: July 2014 Yorba Linda City Council Tue, Jul 1 6:30PM Collett MWDOC Wed, Jul 2 8:30AM Melton OCWD Wed, Jul 2 5:30PM Collett Planning- Engineering- Operations Committee Meeting Thu, Jul 3 4:OOPM Melton /Beverage Pub Affairs - Communications -Tech Committee Meeting Mon, Jul 7 4:OOPM Collett /Kiley Personnel -Risk Management Committee Meeting Tue, Jul 8 4:OOPM Hawkins /Melton LAFCO Wed, Jul 9 8:30AM Beverage Yorba Linda Planning Commission Wed, Jul 9 6:30PM Beverage Board of Directors Regular Meeting Thu, Jul 10 8:30AM Yorba Linda LMCAC Thu, Jul 10 6:30PM Beverage WACO Fri, Jul 11 7:45AM Kiley /Hawkins Exec - Admin- Organizational Committee Meeting Mon, Jul 14 4:OOPM Kiley /Collett Yorba Linda City Council Tue, Jul 15 6:30PM Kiley MWDOC Wed, Jul 16 8:30AM Melton OCWD Wed, Jul 16 5:30PM Collett Joint Committee Meeting with MWDOC and OCWD Tue, Jul 22 4:OOPM Kiley /Beverage OCSD Wed, Jul 23 6:30PM Kiley Yorba Linda Planning Commission Wed, Jul 23 6:30PM Melton Board of Directors Regular Meeting Thu, Jul 24 8:30AM Yorba Linda LMCAC Thu, Jul 24 6:30PM Collett Citizens Advisory Committee Meeting Mon, Jul 28 8:30AM Kiley Finance - Accounting Committee Meeting Mon, Jul 28 4:OOPM Beverage /Hawkins MWDOC Water Policy Forum Wed, Jul 30 5:30PM Board of Directors Workshop Meeting Thu, Jul 31 8:OOAM ISDOC Thu, Jul 31 11:30AM Hawkins 6/19/2014 3:15:53 PM