HomeMy WebLinkAbout2008-01-10 - Board of Directors Meeting Agenda Packet■ a
1 I~ ~`rl 1
Agenda Packet
Regular Meeting of the
Board of Directors
January 10, 2008
8:30 a. m.
913 S. Richfield Road, Placentia, 92870
Yorba Linda Water District
AGENDA
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Thursday, January 10, 2008, 8:30 A.M.
Richfield Plant EOC Room
913 Richfield Road, Placentia - (714) 701-3020
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
John W. Summerfield, President
William R. Mills, Vice President
Paul R. Armstrong
Michael J. Beverage
Ric Collett
INTRODUCTION OF VISITORS AND 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 this 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 this agenda.
Comments are limited to matters of public interest and matters within the jurisdiction of the Water District.
Comments are limited to five minutes.
SPECIAL RECOGNITION
CONSENT CALENDAR (Items 1 through 41
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, the staff,
or the public requests further consideration.
Minutes of the Regular Board of Directors meeting held December 27, 2007.
Recommendation: Approve the minutes as presented.
2. Payment of bills, refunds, and wire transfers.
Recommendation: Ratify and authorize disbursements in the amount of
$352,862.77.
3. Consider a Professional Services Agreement with Foss Consulting Group for
appraisal services for the District's Plumosa Drive property.
Recommendation: That the Board of Directors authorize the President and
Secretary to execute a Professional Services Agreement with Foss
Consulting Group in an amount not to exceed $5, 000, subject to review as to
form by General Counsel.
4. Construction of the New District Administration Building
Recommendation: Approve Progress Payment No. 10 in the net amount of
$427,382.60 to J.E. Grant General Contractors for construction of the New
Administration Building, Job No. 200313.
ADJOURN TO 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.
5. Conference with Legal Counsel - Existing Litigation (Subdivision (a) of Section
54956.9). Adjudicatory proceeding initiated by Yorba Linda Water District pending
before Orange County Local Agency Formation Commission to annex of certain
land to Orange County Water District.
6. Public Employee Performance Evaluation [Government Code Section 549571
Title: General Manager.
ACTION CALENDAR
This portion of the agenda is for items where staff presentations and Board discussions are needed prior
to formal Board actions.
7. Annual Board of Directors Committee Assignments.
Recommendation: That the President of the Board assign the Board members
to the various Committee, Intergovernmental and "Other" assignments for
calendar year 2008.
DISCUSSION ITEMS
This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action of
the Board of Directors at the meeting, such as technical presentations, drafts of proposed policies, or
similar items for which staff is seeking the advice and counsel of the Board of Directors. Time permitting,
it is generally in the District's interest to discuss these more complex matters at one meeting and consider
formal action at another meeting. This portion of the agenda may also include items for information only.
8. Barry Brokaw, Sacramento Advocates, will present an update on legislative
activities.
Recommendation: This is for information only. No action is required.
REPORTS, INFORMATION ITEMS AND COMMENTS
9. a. President's Report
b. Directors Reports
c. General Managers Report
1) Report on Eastlake pressure enhancement project.
d. General Counsel's Report
-2-
COMMITTEE REPORTS
10. a. Executive-Administrative-Organizational Committee
(Summerfield/Mills) Alternate: Collett
1) Meeting scheduled for Jan 15, 2008, 4:00 p.m.
b. Finance-Accounting Committee
(Mills/Beverage) Alternate: Summen`ield
1) Minutes of meeting held January 8 will appear in the Board agenda for
January 24, 2008.
2) Meeting scheduled for February 12, 4:00 p.m.
c. Personnel-Risk Management Committee
(Summerfield/Armstrong) Alternate: Mills
1) Minutes of the meeting held January 7 will appear in the Board agenda for
January 24, 2008.
2) Meeting scheduled for February 11, 4:00 p.m.
d. Planning-Engineering-Operations Committee
(Armstrong/Mills) Alternate: Collett
1) Meeting scheduled for January 11, 8:30 a.m.
e. Public Information Committee
(Collett/Beverage) Alternate: Armstrong
1) Minutes of meeting held January 9 will appear in the Board agenda for
January 24, 2008
2) Meeting scheduled for February 5, 4:00 p.m.
f. Building Ad Hoc Committee
(Summerfield/Beverage) Alternate: Armstrong
1) Meeting scheduled for January 17, 4:00 p.m.
g. MWDOC Ad Hoc Committee
(Beverage/Collett) Alternate: Mills
1) Meeting scheduled for February 26 to be rescheduled.
h. City of Yorba Linda Ad Hoc Committee
(Summerfield/Payne)
1) Meeting scheduled for January 23, 9:00 a.m.
-3-
i. City of Placentia Ad Hoc Committee
(Beverage/Payne)
1) Meeting to be scheduled.
INTERGOVERNMENTAL MEETINGS
11. a. Yorba Linda City Council, Jan 2 (Mills)
b. MWDOC/MWD Joint Workshop, Jan 2 (Staff)
c. OCWD Board, Jan 2 (Staff) - Cancelled
d. WACO, Jan 4 (Mills)
e. Yorba Linda Planning Commission, Jan 9 (Armstrong)
BOARD OF DIRECTORS ACTIVITY CALENDAR
Authorization to attend meetings scheduled after January 10, 2008. Agenda is available in the District office
prior to meeting.
Januarv 2008
Planning-Engineering-Operations Committee, Jan 11, 8:30 a.m
Personnel-Risk Management Committee, Jan 14, 4:00 p.m.
Executive-Admin-Organizational Committee, Jan 15, 4:00 p.m.
Yorba Linda City Council, Jan 15, 6:30 p.m.
MWDOC Board, Jan 16, 8:30 a.m.
OCWD Board, Jan 16, 5:00 p.m.
Building Ad Hoc Committee, Jan 17, 4:00 p.m.
Yorba Linda Planning Commission, Jan 23, 6:30 p.m.
Februarv 2008
FWACO, Feb 1, 7:30 a.m.
Public Information Committee, Feb 5, 4:00 p.m.
Yorba Linda City Council, Feb 5, 6:30 p.m.
MWDOC/MWD Joint Workshop, Feb 6, 8:30 a.m.
OCWD Board, Feb 6, 5:00 p.m.
Planning-Engineering-Operations Committee, Feb 7, 4:00 p.m
Personnel-Risk Management Committee, Feb 11, 4:00 p.m.
Finance-Accounting Committee, Feb 12, 4:00 p.m.
Yorba Linda Planning Commission, Feb 13, 6:30 p.m.
President's Day, Feb 18
Executive-Admin-Organizational Committee, Feb 19, 4:00 p.m
Yorba Linda City Council, Feb 19, 6:30 p.m.
MWDOC Board, Feb 20, 8:30 a.m.
OCWD Board, Feb 20, 5:00 p.m.
Building Ad Hoc Committee, Feb 21, 4:00 p.m.
MWDOC Ad Hoc Committee, Feb 26,4:00 p.m.
Yorba Linda Planning Commission, Feb 27, 6:30 p.m.
Armstrong/Mills
Summerfield/Armstrong
Summerfield/Mills
Collett
Staff
Staff
Staff
Staff
District Offices Closed
Staff
I Staff
-4-
CONFERENCES AND SEMINARS
12. Authorize attendance of Directors and such staff members of the District as
approved by the General Manager to attend the following conferences and
seminars.
a. None
TOUR DISTRICT FACILITIES
13. Tour the new Administration Building
ADJOURNMENT
A regular meeting of the Board of Directors is scheduled for January 24, 2008, at 8:30
a.m., at 4622 Plumosa Drive, Yorba Linda 92886.
Accommodation 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 Michael A. Payne, General
Manager/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.
-5-
2008 BOARD OF DIRECTORS CALENDAR
JAN FEB MAR
• S
6
13
20
27
S M T W T F
f 2 3 4
6 7 8 9.11
13 14 15 16 17 18
20 21 22 23M 25
27 28 29 30 31
S M
6 7
13 14
20 21
27 28
M
7
14
21
28
APR
T
1
8
15
22
29
S
5
12
19
26
W T F S
2 3 4 5
9E 11 12
16 17 18 19
23M 25 26
30
JUL
T W T F S
1 2 3 4 5
8 9 11 12
15 16 17 18 19
22 23 M 25 26
29 30 31
OCT
S M T W T F S
1 2 3 4
5 6 7 8M 10 11
12 13 14 15 16 17 18
19 20 21 22M 24 25
26 27 28 29 30 31
Holiday
Board Meeting
Activities
S
3
10
17
24
M T W T F S
1 2
4 5 6 7 8 9
11 12 13 - 15 16
181 19 20 21 22 23
25 26 27M 29
MAY
S M
4 5
11 12
18 19
25 26
T
6
13
20
127
W T
1
7 8
14 lb
21 -
28 29
F S
2 3
9 10
16 17
23 24
30 31
AUG
S
M
T
W T
F
S
1
2
3
10
4
11
5
12
6 7
13 -
8
15
9
16
17
18
19
20 21
22
23
24
25
26
27M
29
30
311
NOV
S
M
T
W T
F
S
1
2
9
3
10
4
11
5 6
12 M
7
14
8
15
16
23
17
24
18
25
19 20
26M
21
28
22
29
301
S
M
T
W T
F
Sl
1
2
9
3
10
4
11
5 6
12-
7
14
8
15
16
17
18
19 20
21
22
23
24
25
26M
28
29,
30
311
JUN
S
M
T
W T
F
1
8
2
9
3
10
4 5
110
6
13
7
14
15
22
16
23
17
24
18 19
25M
20
27
21
28
29
301
SEP
S M
T
W T F S
1
2
3 4 5 6
7 8
9
10 11 12 13
14 15
16
17 18 19 20
21 22
23
24 = 26 27
28 29
30
DEC
S M T W T F S
1 2 3 4 5 6
7 8 9 10- 12 13
14 15 16 17 18 19 20
21 22 23 24 = 26 27
28 29 30 31
0
ITEM NO. I
APPROVED BY THE BOARD OF DIRECTORS
MINUTES OF THE OF THE YORBA LINDA WATER DISTRICT
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING `v
December 27, 2007
The December 27, 2007 regular meeting of the Yorba Linda Water District Board of
Directors was called to order by President Summerfield at 8:30 a.m. The meeting was
held at District Headquarters, 4622 Plumosa Drive, Yorba Linda.
DIRECTORS PRESENT AT ROLL CALL STAFF PRESENT
John W. Summerfield, President Michael A. Payne, General Manager
William R. Mills, Vice President Kenneth R. Vecchiarelli, Asst. G.M.
Michael J. Beverage Pat Grady, IT Director
Richard P. Collett Amelia Cloonan, Executive Secretary
DIRECTORS ABSENT AT ROLL CALL
Paul R. Armstrong
INTRODUCTION OF VISITORS AND PUBLIC COMMENTS
None
SPECIAL RECOGNITION
President Summerfield presented a Proclamation to Director Collett recognizing him for
his service as President during 2007.
President Summerfield recognized Vice President William R. Mills on his election as
President of the Water Education Foundation. Director Mills briefly outlined the various
functions of the foundation and encouraged the Board and Staff to sign up for the many
tours they offer.
CONSENT CALENDAR (Items 1 throuqh 5)
On a motion by Vice President Mills, seconded by Director Collett, the Board of
Directors voted 4-0 to approve the Consent Calendar, with Director Collett abstaining
from voting on check number 40818 of Item 2.
1. Minutes of the Regular Board of Directors meeting held December 13, 2007.
Recommendation: Approve the minutes as presented.
2. Payment of bills, refunds, and wire transfers.
Recommendation: Ratify and authorize disbursements in the amount of
$1,917,578.02.
3. Consider Association of California Water Agencies (ACWA) Membership for 2008
Recommendation: That the Board of Directors approve membership in the
Association of California Water Agencies for 2008 in the amount of $12,345.
4. Progress Payment for Construction of Lakeview Reservoir.
Recommendation: Approve Progress Payment No. 7 in the net amount of
$892,046. 11 to SSC Construction, Inc. for construction of the Lakeview
Reservoir Project, Job No. 200704.
5. Knoll Furniture Procurement - New Administration Building.
Recommendation: Approve the purchase of Knoll Systems Furniture for the
new Administration Building in the net amount of $792,366.33 to Systems
Source Inc., a Knoll Distributor. Job No. 200313.
President Summerfield requested the Closed Session be moved to the end of the
Agenda. The Board members concurred.
ACTION CALENDAR
7. Construction of the Lakeview Booster Pump Station. Assistant General Manager
Vecchiarelli presented the report. The item was reviewed with the PEO Committee
at the meeting held December 14. This is the largest pump station in the District in
terms of enclosed area. The project was a modified design, bid, build, the first time
for the District on this type of project. General Manager Payne noted the
recommendation that appeared in the staff report is the recommendation under
consideration.
On a motion by Vice President Mills, seconded by Director Collett, the Board
of Directors voted 4-0 to approve Final Balancing Change Order No. 4 in the
amount of $293,204.49 and Final Progress Payment No. 18 in the net amount
of $281,418.28 to Schuler Engineering, Inc.; authorize staff to file the Notice
of Completion and release retention thirty five days following the 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 Lakeview Booster Pump Station, Job No. 200505.
8. Change Orders for Construction of the New District Administration Building.
Assistant General Manager Vecchiarelli presented the item. The primary
component of the change order is the upgrades to the server room. The Board
has previously approved the component of these changes in Change Order No. 3.
On a motion by Director Beverage, seconded by Vice President Mills, the
Board of Directors voted 4-0 to approve Change Orders No. 6 and 7 to J.E.
Grant General Contractors in the amount of $144,527.45 for construction of
the New Administration Building, Job No. 200313.
DISCUSSION ITEMS
9. None
REPORTS, INFORMATION ITEMS AND COMMENTS
10. a. President's Report
-2-
President Summerfield thanked the Board members for the opportunity to be
President of the Board this year. He asked about committee assignment
preferences at the last meeting and asked staff for recommendations.
b. Directors Reports
Vice President Mills brought the attention of the Directors to the Water
Education tours and expressed his wishes to attend the Lower Colorado River
Tour.
c. General Managers Report
1) Report on Eastlake pressure enhancement project.
Assistant General Manager Vecchiarelli gave a status report. Staff has
been working with RBF getting information and exhibits together. The
estimated $3.4 million is to deal with three areas of low pressure. This
matter will go to the PEO Committee on January 11, and if ready, to the
full Board the second meeting in January.
2) Filing California Form 460/470
The Directors were asked to complete the form by January 24.
d. General Counsel's Report
General Counsel was not present.
COMMITTEE REPORTS
11. a. Executive-Administrative-Organizational Committee
(Collett/Summerfield) Alternate: Armstrong
1) Minutes of meeting held December 11 were discussed at the meeting held
December 13 and reported in the minutes of that meeting.
2) Meeting scheduled for January 15, 4:00 p.m.
Director Collett will attend the first City Council meeting, and Vice President
Mills will attend on the 15tH
b. Finance-Accounting Committee
(Mills/Beverage) Alternate: Summerfield
1) Minutes of meeting held December 5 were reported on at the meeting held
December 13 and reported in the minutes of that meeting.
2) Meeting scheduled for January 8, 4:00 p.m.
Director Beverage would like to have the information brought to the
committee about the interest to do a further review and come back to the
-3-
Board about where the District should be. Director Beverage stated he did
not agree with the motion. General Manager Payne wants to talk about the
state budget at the meeting on January 8t . Vice President Mills would like
to schedule the meeting on the 8th in the morning. The meeting was
scheduled for 8:30 a.m.
c. Personnel-Risk Management Committee
(Summerfield/Armstrong) Alternate: Mills
1) Minutes of meeting held December 10 were discussed at the meeting held
December 13 and reported in the minutes of that meeting.
2) Meeting scheduled for January 14, 4:00 p.m.
d. Planning-Engineering-Operations Committee
(Armstrong/Mills) Alternate: Collett
1) Meeting scheduled for January 11, 8:30 a.m.
e. Public Information Committee
(CoIlett/Beverage) Alternate: Armstrong
1) Meeting scheduled for January 4, 8:30 a.m.
f. Building Ad Hoc Committee
(Summerfield/Beverage) Alternate: Armstrong
1)
items i
path sched
included:
purchase o
poles reloc,,
ng held December 20 appeared in the agenda. Discussion
construction progress to date, server room change order
building project budget, Knoll furniture proposal and critical
and options for the main entry dry creek. Action items
mmendation to authorize Change Orders 6 and 7 and
for furniture systems. Information items included: power
and Miraloma/Richfield Street improvement plans.
2) The Meeting scheduled for January 17, 4:00 p.m. will be held in the EOC
Room at the Richfield Plant.
g. MWDOC Ad Hoc Committee
(Beverage/Collett) Alternate: Mills
1) Minutes of meeting held December 17 appeared in the agenda. Items
discussed included: MWDOC Tier 2, LAFCO Study, water crisis messaging
and grant coordination.
2) Meeting scheduled for February 26, 4:00 p.m. will need to be rescheduled.
-4-
h. City of Placentia Ad Hoc Committee
(Beverage/Payne)
1) Minutes of meeting held December 7 appeared in the agenda. Items
discussed included synthetic turf, City of Placentia sewers, Richfield Road
and Miraloma Street construction.
2) Meeting to be scheduled.
INTERGOVERNMENTAL MEETINGS
12. a. Yorba Linda City Council, December 18
Vice President Mills attended. There were many people who wanted to
comment on the landscaping assessment. Vice President Mills commented
there should be a better way for a City Council meeting to progress without a
great deal of misinformation.
There were several speakers who called for water conservation on the
medians. Vice President Mills asked how the District stands with
communicating water conservation measures to the City of Yorba Linda. A
meeting is set for January 23 between the Mayor, the City Manager, President
Summerfield and General Manager Payne.
b. MWDOC Board, December 19
General Manager Payne spoke about the items of interest on the agenda.
There was an action plan approved for federal initiatives in Washington, D.C.
MWDOC staff will go to Washington,_D.C. six times during the year. Since the
District Directors and/or staff only travel to Washington, D.C. once a year for a
conference, the District does not have presence there.
The water conservation resolution was passed.
c. OCWD Board, December 19
No one attended.
d. Yorba Linda Planning Commission, December 26
The meeting was cancelled.
BOARD OF DIRECTORS ACTIVITY CALENDAR
Authorization to attend meetings scheduled after December 27, 2007
office prior to meeting.
Januarv 2008
FNew Year's Day Holiday, Jan 1, District offices closed
Yorba Linda City Council, Jan 2, 6:30 p.m.
MWDOC/MWD Joint Workshop, Jan 2, 2:00 p.m.
-5-
Agenda is available in the District
I
Mills
Staff
OCWD Board, Jan 2, 5:00 p.m.
WACO, Jan 4, 7:30 a.m.
Finance-Accounting Committee, Jan 8, 8:30 a.m.
Public Information Committee, Jan 9, 4:00 p.m.
Yorba Linda Planning Commission, Jan 9, 6:30 p.m.
Planning-Engineering-Operations Committee, Jan 11, 8:30 a.m.
Personnel-Risk Management Committee, Jan 14, 4:00 p.m.
Executive-Admin-Organizational Committee, Jan 15, 4:00 p.m.
Yorba Linda City Council, Jan 15, 6:30 p.m.
MWDOC Board, Jan 16, 8:30 a.m.
OCWD Board, Jan 16, 5:00 p.m.
Building Ad Hoc Committee, Jan 17, 4:00 p.m.
Yorba Linda Planning Commission, Jan 23, 6:30 p.m.
CONFERENCES AND SEMINARS
13. Authorize attendance of Directors and such staff members of the District as
approved by the General Manager to attend the following conferences and
seminars.
a. 2008 ACWA Washington D.C. Legislative Conference, February 26-28,
2008.
General Manager Payne commented the District is preparing to award a
contract for the Highland Reservoir. MWDOC staff has said once your project
commences, the chance for funding by grants is nil. Director Collett asked
what projects the District is planning that it could it go out for funding? There
was discussion about lobbyists and lobbying efforts. General Manager Payne
suggested having Townsend Public Affairs come in for an Executive
Committee meeting to restrategize. Director Collett suggested partnering with
MWDOC.
Vice President Mills wants to attend the conference and asked that an
agenda of projects be developed by staff. The District needs to build
relationships. Director Beverage suggested bringing in Assemblyman Mike
Duvall to discuss looking for grants.
On a motion by Vice President Mills, seconded by Director Beverage, the
Board of Directors voted 4-0 to approve attendance by Vice President Mills
and up to two staff members at the 2008 ACWA Washington D.C. Legislative
Conference.
The Board of Directors adjourned to Closed Session at 9:46 a.m. All Directors were
present.
Staff - Cancelled
Mills
Mills/Beverage
Collett/Beverage
Armstrong
Armstrong/Mills
Summerfield/Armstrong
Summerfield/Mills
Collett
Staff
Staff
Summerfield/Beverage
Summerfield
-6-
ADJOURN TO CLOSED SESSION
6. Public Employee Performance Evaluation [Government Code Section 54957] Title:
General Manager.
General Manager Payne joined the Closed Session at 10:29 a.m.
RECONVENE IN OPEN SESSION
The Board of Directors reconvened in open session at 10:41 a.m.
CLOSED SESSION REPORT
There was no reportable action taken in Closed Session.
ADJOURNMENT
On a motion by Vice President Mills, seconded by Director Beverag4
Directors voted 4-0 at 10:42 a.m. to adjourn to a regular meeting c
Directors scheduled for January 10, 2008, at 8:30 a.m., at the EOC
Richfield Road, Placentia 92870.
the Board of
the Board of
oom, 913 S.
-7-
ITEM NO. 2
AGENDA REPORT
Board Meeting Date: January 10, 2008
To: Board of Directors
From: Michael A. Payne, General Manager
Staff Contact: Diane Cyganik, Finance Director
Reviewed by General Counsel: N/A Budgeted:
Funding Source:
CEQA Account No:
Compliance: N/A Estimated Costs:
Subject: Payments of bills, refunds, and wire transfers
APPROVED EYORBALLENCAWA ERDISTRCT
BY.
Yes Dept: Bus
All Funds
N/A Job No: N/A
$352,862.77
SUMMARY:
Section 31302 of the California Water Code says the District shall pay demands made against it
when they have been approved by the Board of Directors. Pursuant to law, staff is hereby
submitting the list of disbursements for Board of Directors' approval.
DISCUSSION:
The major items and wire transfers on this disbursement list are as follows: A wire of $4,856.22
to Parsons for Job No 0704. The balance of $136,474.97 is routine invoices.
In summary, the check register total is $141,331.19; payroll No. 26 total is $211,531.58; and, the
disbursements of this agenda report are $352,862.77. A summary of the checks is as follows:
Pavables:
Void Check Check No. 48046 - 48047
Manual Checks Check Nos. 48048 - 48048
Computer Checks Check Nos. 48049 - 48118
Pavroll #26:
Computer Checks Check Nos. 3693 - 3701
Manual Checks Check Nos. 3702 - 3713
The disbursement total for the current period is $352,862.77 distributed as follows:
Water
$
344,179.08
Sewer
$
8,628.06
ID #1
$
0.00
ID #2
$
55.63
TOTAL
$
352,862.77
PRIOR RELEVANT BOARD ACTION(S):
The Board of Directors approves bills, refunds and wire transfers semi-monthly.
STAFF RECOMMENDATION:
That the Board of Directors ratify and authorize disbursements in the amount of $352,862.77
JANUARY 10, 2008
CHECK NUMBERS:
48046 TO 48047
48048 TO 48118
WIRES:
W-122807 Parsons
$ 0.00
$ 136,474.97
TOTAL OF CHECKS AND WIRES:
PAYROLL NO. 26:
CHECK NUMBERS:
3693 TO 3713
TOTAL:
$ 141,331.19
$ 211,531.58
$ 352,862.77
APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD
MEETING OF JANUARY 10, 2008
TOTAL DISBURSEMENTS ARE DISTRIBUTED TO THE FUND ACCOUNTS
AS FOLLOWS:
WATER
$
344,179.08
SEWER
$
8,628.06
ID # 1
$
0.00
ID # 2
$
55.63
4,856.22
TOTAL: $352,862.77
Yorba Linda Water DistrictCHECK REGISTER
FOR CHECKS DATED 12-28-07 THRU 01-10-08
Check. Check... Posting. Vendor Name Check.....
No Date Date Amount
48051
01-10-08
01-10-08
A-1 FENCE
378.00
48052
01-10-08
01-10-08
ABIGAIL ABBOTT STAFFING SVC
3,332.00
48053
01-10-08
01-10-08
ACS DIGITAL SOLUTIONS
8.00
48054
01-10-08
01-10-08
ACWA-ASSN OF CA WATER AGENCIES
285.00
48055
01-10-08
01-10-08
AMELIA CLOONAN
51.28
48056
01-10-08
01-10-08
AMERICAN SOCIETY OF CIVIL
150.00
48057
01-10-08
01-10-08
ANAHEIM WHEEL & TIRE
120.50
48058
01-10-08
01-10-08
ANH HUONG NGUYEN
625.00
48059
01-10-08
01-10-08
ARAMARK WORK APPAREL & UNIFORM
322.58
48060
01-10-08
01-10-08
ARTISTIC MAINTENANCE, INC
814.50
48061
01-10-08
01-10-08
AT&T
45.51
48062
01-10-08
01-10-08
AT&T/MCI
3,496.99
48063
01-10-08
01-10-08
ATWOOD SALES
180.58
48064
01-10-08
01-10-08
AUTOMATED OFFICE PRODUCTS
109.63
48065
01-10-08
01-10-08
BEVERLY MEZA
3,382.50
48066
01-10-08
01-10-08
BROWN AND CALDWELL
400.00
48067
01-10-08
01-10-08
C & L REFRIGERATION CORP.
4,151.64
48068
01-10-08
01-10-08
CADET UNIFORM SERVICE
1,138.33
48069
01-10-08
01-10-08
CALIFORNIA CHAMBER OF COMMERCE
74.71
48070
01-10-08
01-10-08
CDW-G GOVERNMENT, INC
127.98
48071
01-10-08
01-10-08
CSMFO ANNUAL CONFERENCE
350.00
48072
01-10-08
01-10-08
DELL MARKETING L.P.
5,343.06
48073
01-10-08
01-10-08
DIANE CYGANIK
481.05
48074
01-10-08
01-10-08
DIANE DALTON
166.00
48075
01-10-08
01-10-08
FEDERAL EXPRESS
35.73
48076
01-10-08
01-10-08
FRY'S ELECTRONICS
26.92
48077
01-10-08
01-10-08
INDUSTRIAL HEARING & PULMONARY
620.00
48078
01-10-08
01-10-08
INFOSEND
547.17
48079
01-10-08
01-10-08
INTERIORS BY JANI-TRESS
2,449.00
48080
01-10-08
01-10-08
JAIME RUVALCA13A
65.00
48049
01-10-08
01-10-08
JJS INC GENERAL CONTRACTORS
634.50
48081
01-10-08
01-10-08
JOHN F BALICKI
2,550.00
48082
01-10-08
01-10-08
KTS SERVICES, INC.
385.54
48083
01-10-08
01-10-08
LIEBERT CASSIDY WHITMORE
48.49
48084
01-10-08
01-10-08
MANAGEMENT ACTION PROGRAMS INC
1,900.00
48085
01-10-08
01-10-08
MIGUEL SERNA
134.69
48086
01-10-08
01-10-08
MODULAR SPACE CORPORATION
539.83
48087
01-10-08
01-10-08
MUNICIPAL WATER DISTRICT
170.50
48088
01-10-08
01-10-08
NEXTEL COMMUNICATIONS
2,516.30
48089
01-10-08
01-10-08
NICKEY PETROLEUM CO
4,543.00
48090
01-10-08
01-10-08
OFFICE DEPOT CREDIT PLAN
193.94
48091
01-10-08
01-10-08
OFFICE SOLUTIONS
377.22
122807
12-28-07
12-28-07
PARSONS ENGINEERING SCIENCE
4,856.22
48092
01-10-08
01-10-08
PEGGY McCLURE
472.50
48093
01-10-08
01-10-08
PETE'S PARTS & ACCESSORIES
490.38
48094
01-10-08
01-10-08
PRAXAIR DISTRIBUTION
92.37
48095
01-10-08
01-10-08
QUINN POWER SYSTEMS ASSOCIATES
48,761.82
48096
01-10-08
01-10-08
RKI ENGINEERING, LLC
4,920.00
48097
01-10-08
01-10-08
ROBERT HOFF
4,352.00
48098
01-10-08
01-10-08
SACRAMENTO ADVOCATES
3,000.00
48099
01-10-08
01-10-08
SCHORR METALS, INC.
154.00
Yorba Linda Water DistrictCHECK REGISTER
FOR CHECKS DATED 12-28-07 THRU 01-10-08
Check. Check... Posting. Vendor Name Check...
No Date Date Amount
48099
01-10
-08
01-10
-08
SCHORR METALS, INC.
154.00
48100
01-10
-08
01-10
-08
SCOTT W. MOULTON
2,625.00
48101
01-10
-08
01-10-08
SIEMENS WATER
244.61
48102
01-10
-08
01-10
-08
SKC-WEST INC.
1,602.88
48103
01-10
-08
01-10
-08
SMOG TECH
405.00
48104
01-10-08
01-10
-08
SOUTHERN CALIF GAS CO.
4,953.33
48105
01-10-08
01-10
-08
STACY BAVOL/PETTY CASH
114.74
48106
01-10
-08
01-10-08
TECHNICAL PRODUCTS CORPORATION
1,276.84
48107
01-10-08
01-10-08
THE OC ADVOCACY GROUP
2,500.00
48108
01-10
-08
01-10-08
THURSTON HUBBARD
65.00
48109
01-10
-08
01-10-
08
TIME WARNER CABLE
187.38
48110
01-10-
08
01-10-
08
U S POSTMASTER
10,000.00
48111
01-10-
08
01-10-
08
UNITED RENTALS - ANAHEIM
109.64
48112
01-10-
08
01-10-
08
VERIZON WIRELESS
330.70
48113
01-10-
08
01-10-
08
VILLAGE NURSERIES
182.80
48114
01-10-
08
01-10-
08
WEIR CANYON CHEVROLET
26.31
48115
01-10-
08
01-10-
08
WELLS SUPPLY CO
2,832.75
48116
01-10-
08
01-10-
08
WESTSIDE BUILDING MATERIAL
256.02
48117
01-10-
08
01-10-
08
YORBA LINDA AUTO PARTS
41.60
48118
01-10-
08
01-10-
08
ZEP MANUFACTURING
346.63
122807
12-28-
07
12-28-
07
PARSONS ENGINEERING SCIENCE
4,856.22
141,331.19
[405] 72 items listed out of 23491 items.
ITEM NO. .3
AGENDA REPORT APPROVEDBY <ARDOFOIRECTORS
OF THE YORK TER DISTRICT
Board Meeting Date: January 10, 2008 ^,,N 1. 2Guc;
To: Board of Directors n
From: Michael A. Payne, General Manager -
Staff Contact:
Reviewed by General Counsel: Yes Budgeted: Yes Total Budget: $ 5,450
Funding Source: Water Operating Fund
CEQA Account No: 121780 Job No:
Compliance: N/A Estimated Costs: $ 5,000 Dept: Admin
Subject: Professional Services Agreement for Appraisal Services
SUMMARY:
The District is on schedule for the completion of the new Administration Building in April 2008.
Once staff moves into the new building, the Administration office building at 4622 Plumosa Drive
(Plumosa property) will be vacant. In order to give the Board of Directors a staff report on the
various options on deciding what should be done with the Plumosa property, staff is
recommending obtaining a professional investigation and market value analysis of the property
and building. If the property is later declared surplus, the appraisal will provide staff with a fair
market value analysis.
DISCUSSION:
The District has owned the property since 1959 when the District purchased the assets from the
Yorba Linda Mutual Water Company. This property was used exclusively as a booster station
until the current Administration building was constructed in 1972. Since then the building and
property has been used to administer the District's water and sewer operations and to house the
staffs of Administration, Business, Engineering, Support Services and the Information
Technology Departments.
In order to determine the fair market value of this property, District staff has solicited a proposal
from Foss Consulting Group in Fullerton. The proposal from Foss has been incorporated into
the District's standard Professional Services Agreement. A listing of their current and past
clients is attached in the exhibit section of the agreement.
PRIOR RELEVANT BOARD ACTION(S):
On October 10, 2008, General Counsel Kidman presented a report on declaring the District's
Plumosa property and building as surplus. The Board requested the appraisal be done after the
first of the year (2008). On October 13, 2005, the Board of Directors approved an Agreement
for Purchase and Sale of Real Property and Joint Escrow Instructions with Upper K-Shapell
Joint Venture for property at the Fairmont Plant. On August 25, 2005, the Board of Directors
approved an Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions
with Lennar Homes of California, Inc. and Bastanchury Holding, L.P. for property at the
Bastanchury Plant. On May 27, 1993, the Board of Directors approved an Agreement for
Property Exchange Agreement with Upper K-Shapell Joint Venture for property at the Fairmont
Plant. Prior to that, the District sold the District's Olinda property and building in 1974.
STAFF RECOMMENDATION:
That the Board of Directors authorize the President and Secretary to execute a Professional
Services Agreement with Foss Consulting Group in an amount not to exceed $5,000.00, subject
to review as to form by General Counsel.
COMMITTEE RECOMMENDATION:
This item was not presented to any committee but to the entire Board on October 10, 2007.
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE VORBA LINDA WATER DISTRICT
AND
FOSS CONSULTING GROUP
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreemnr
on January 10, 2008, by and between the YORBA LINDA WATEI,
agency, created and operating under authority of Division 12 of
("District"), and FOSS CONSULTING GROUP ("Consultant") (c(
as the "Parties").
RECITALS
WHEREAS, District is engaging in the Project described in
Exhibit "A"; and
is made and entered into
DISTRICT, a local public
ie California Water Code
lectively referred to herein
of Work attached as
WHEREAS, District requires a professional consultant with the requisite knowledge, skill,
ability and expertise to provide the necessary services for District during all phases of the Project
to which the specialized services of Consultant are appropriate; and
WHEREAS, Consultant represents to District that it is fully qualified and available to perform
the services for and as requested by District; and
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. The services to be provided by Consultant are called out in the
Scope of Work attached as Exhibit "A" and incorporated herein by reference. All such services
shall be performed in accordance with the highest professional standards and in such a prompt
and continuous fashion as not to impede or delay the overall completion of the Project.
1.1. Consultant. Consultant acknowledges that continuous and effective
communication between District, Consultant, and other consultants (as appropriate) is
necessary to the successful completion of the Assignment. Consultant may also be
required to furnish copies of its work product and communications to others as requested
by District. Consultant's primary contact with District shall be through District's General
Manager or his designee. The District's primary contact with Consultant shall be Wayne
Foss. When requested by District, Consultant or his representative shall attend meetings
and will undertake, as a part of its professional responsibility under this Agreement, to
coordinate its activities with all appropriate individuals and consultants.
1.2. Use of Designs and Drawings.
drawings that can be reasonably attained.
District will provide consultant with any
1 of 9
1.3. Review. Consultant shall furnish District with reasonable opportunities from time
to time to ascertain whether the services of Consultant are being performed in accordance
with this Agreement. All services done and materials furnished shall be subject to final
review and approval by District. District's interim review and approval of Consultant's
work product shall not relieve Consultant of its obligations to fully perform this Agreement.
1.4. Commencement of Work. The Project start date is effective immediately upon
execution of this agreement by both parties.
1.5. Time Is Of The Essence. Consultant shall perform all services with due
diligence as time is of the essence in the performance of this Agreement. Time limits
applicable for the performance of Consultant's services are established in Exhibit "A"
(Exhibit "A").
2.0 COMPENSATION. As compensation for performance of the services specified under
the Scope of Work - Exhibit "A", District shall pay Consultant a maximum fee of $5000.00 for
services outlined in Exhibit A. The consultant shall be entitled to reimbursement for expenses
from the District at a rate of $150.00 per hour and the assistant appraiser(s) or field researcher(s)
at the rate of $100.00 per hour. The consultant shall provide the District with a list of expenses
by category of expense as a part of monthly billings. The District will pay consultant $2,500 of
the $5,000.00 at the time of execution of this agreement and the balance of the fees owed in
accordance with section 2.1.
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 services 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, 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 identitied 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. 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 services 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
2of9
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
services hereunder are suspended for a period of time greater than ninety (90) days through no
fault of Consultant.
3.1. Withholding Payment. In the event District has reasonable grounds to believe
Consultant will be materially unable to perform the services 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 services, negligence,
intentional act, or breach.
4.0. SAFETY. Consultant shall execute and maintain the services so as to avoid injury or
damage to any person or property. Consultant shall be solely and completely responsible for the
safety of all Consultant personnel during performance of services and while on District property.
Consultant shall fully comply with all state, federal and other laws, rules, regulations and orders
relating to safety of the public and workers. Consultant will be required to comply with all
applicable District Safety Practices during performance of Services under this Agreement.
5.0 INDEMNIFICATION. To the fullest extent permitted by applicable law, Consultant
shall and does agree to indemnify, defend and hold harmless District, its affiliated organizations
and its and their respective officers, directors, trustees, employees, agents, volunteers, successors
and assigns (collectively, the "Indemnified Parties"), from and against any and all claims,
demands, damages, liabilities, losses, liens, causes of action, suits, judgments, costs and expenses
(including actual attorneys fees and litigation expenses), by or to any person or entity
whomsoever (collectively, the "Liabilities") of every kind or nature whatsoever, arising out of,
caused by, or resulting from (1) the performance, negligent performance or nonperformance of
Consultant and its agents, partners, employees, subcontractors or invitees (collectively, the
"Consultants"), services hereunder, or any part thereof, or (2) any breach of the obligations of
Consultants under this Agreement or arising out of the implementation, construction, operation
or maintenance of the Project, the Project Documents, Consultants' services hereunder, or any
part thereof, or (3) any negligence, omission or willful misconduct of Consultants, anyone
directly or indirectly employed by Consultants or anyone for whose acts Consultants may be
liable, even if such Liabilities are caused in part by the negligence, omissions or willful
misconduct of any of the Indemnified Parties, so long as such Liabilities are not caused by the
sole negligence, omission or willful misconduct of the Indemnified Parties. Consultants shall not
be obligated to indemnify the Indemnified Parties for the proportionate share of such adjudicated
loss caused by such negligence, omission or willful misconduct of the Indemnified Parties.
Consultants further agree to fully defend, indemnify and hold harmless the Indemnified Parties
from any and all Liabilities, forfeitures or penalties arising from Consultants' violations of any
federal, state or local statute, rule or regulation to the fullest extent permitted by applicable law.
Consultants' obligation to indemnify, defend and hold harmless is separate and distinct from its
obligations to provide insurance pursuant to Section 6.0. These provisions shall take effect as of
the date Consultants first undertake any action in furtherance of Consultants' duties or obligations
pursuant to this Agreement and shall survive the expiration or termination of this Agreement.
3 of 9
6.0 INSURANCE REOUIREMENTS. 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. Each insurance policy shall provide, or be endorsed to
provide, a waiver of rights of subrogation against 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:VIL" Consultant shall provide and maintain at all times during the performance of this
Agreement the following insurance: (1) Commercial General Liability ("CGL") insurance; (2)
Automobile Liability insurance; (3) Workers' Compensation and Employer's Liability insurance;
and (4) Errors and Omissions ("E&O") liability 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 ISO policy form "CG 00 01" with an edition date prior to 2004, or the exact
equivalent. 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 either at least (a) $2,000,000 aggregate total bodily injury,
personal injury and property damage applied separately to the Project; or at least (b)
$5,000,000 general aggregate limit for all operations. 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.
6.2. Automobile Liability. Each Automobile Liability policy shall require coverage
for "any auto" and shall have limits of at least $1,000,000 for bodily injury and property
damage, each accident, and shall use ISO policy form "CA 00 01", including owned,
non-owned and hired autos, or the exact equivalent. If Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the CGL policy
described above. Automobile Liability 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.
6.3. Workers' Compensation/Employer's Liability. Consultant shall cover or
insure the existence of coverage under the applicable laws relating to Workers'
Compensation insurance, all of their employees employed directly by them or through
sub-consultants at all times in carrying out the services contemplated under this
Agreement, in accordance with the "Workers' Compensation and Insurance Act" of the
California Labor Code and any amendatory Acts. Consultant shall provide Employer's
4of9
Liability insurance with limits of at least $1,000,000 each accident, $1,000,000 disease
policy limit, and $1,000,000 disease each employee.
By Consultant's signature hereunder, Consultant certifies that it is aware of the
provisions of Section 3700 of the California Labor Code, which requires every employer
to be insured against liability for Workers' Compensation or to undertake self-insurance
in accordance with the provisions of that code, and that Consultant will comply with such
provisions before commencing services under this Agreement. Upon the request of
District, sub-consultants must provide certificates of insurance evidencing such coverage.
6.4. Errors and Omissions. Each E&O policy shall have limits of at least $1,000,000
per claim and $1,000,000 aggregate. Architects' and Engineers' coverage is to be
endorsed to include contractual liability. E&O 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.
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 CalPERS.
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
services, 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 services required by District.
Consultant shall furnish, at its own expense, all labor, materials, equipment, tools,
transportation and work necessary for the successful completion of the services to be
performed under this Agreement. District shall not have any right to direct the methods,
details and means of the services; however, Consultant must receive prior written
approval from District before assigning or changing any assignment of Consultant's
project manager or key personnel and before using any sub consultants or sub consultant
agreements for services or materials under this Agreement and any work authorizations.
5 of 9
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:
District: Michael A. Payne, General Manager
Yorba Linda Water District
P.O. Box 309
Yorba Linda, California 92885-0309
Consultant: Wayne Foss,
Foss Consult
1303 West V
92833-3585 =
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'; FEES. In the event of any action arising out of, or in connection with,
this Agreement, or the services 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 services shall be divided equally among the Parties, unless
6of9
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 WARRANTY. Consultant warrants that the services to be rendered pursuant to this
Agreement shall be performed in accordance with the standards customarily provided by an
experienced and competent professional rendering the same or similar services.
13.0 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 services rendered by it) shall be suspended while and so
long as performance thereof is prevented or impeded by strikes, disturbances, riots, fire,
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.
14.0 ENTIRE AGREEMENT. This Agreement
entire and integrated agreement between District
negotiations, representations, or agreements, either
amended only by written instrument signed by both D
IN WITNESS WHEREOF, the Parties I
of the day and year written above.
District:
Yorba Linda Water District
By:
John Surnmerfield. President
By:
Arthur G. Kidman,
General Counsel
Attachments: Exhibit A: Scope of Work
, and the attached Exhibits, represent the
and Consultant and supersedes all prior
written or oral. `I'his Agreement may be
Wayne Foss, MAI, CRE
entered into as
7of9
Exhibit "A"
ITEM NO. +
AGENDA REPORT
Pa:nc D BY THE BOARD OF LAECTOR5
Board Meeting Date: January 10, 2008 ORBALINVAWATFFWSIHICT
To: Board of Directors
From: Michael A. Payne, General Manager Y_ ...w.,T
Staff Contact: Ken Vecchiarelli, Assistant General Manager
Hank Samaripa, Project Engineer
Reviewed by General Counsel: N/A Budgeted: Yes Total Budget: $ 8.OM
Funding Source: Water Revenue Bond
CEQA Account No: 101-2700 Job No: 200313
Compliance: Mitigated Neg. Dec. Estimated Costs: $ 7.7M Dept: Eng
Subject: Construction of the New District Administration Building
SUMMARY:
On January 25, 2007, the Board of Directors authorized the award of a construction contract for
the District's new administration building to J.E. Grant General Contractors (Grant) of Carlsbad.
A Notice to Proceed was issued effective March 19, 2007. The location for the new building
was chosen to take advantage of property currently owned by the District and to facilitate a
centralized approach to District operations in placing all departments on the same campus. The
District also hired a construction management firm C3 to observe construction activities and
coordinate inspection efforts along with the District's architect Gillis and Associates.
DISCUSSION:
In accordance with the construction documents for the new administration building, J.E. Grant
General Contractors has submitted a request for Progress Payment No. 10 in the net amount of
$427,382.60 for the period ending December 31, 2007. During this period, Grant completed
40% of the site lighting, 91% AC paving, 78% of sheet metal work, 85% of site concrete, 93% of
drywall, 30% interior painting, 75% of projection screen installation, and 98% of the electrical
feed ers/switchgear.
The status of the construction contract with Grant General Contractors is as follows:
• The current contract is $6,728,294.12 and 360 calendar days starting March 19, 2007.
• If approved, Progress Payment No. 10 is $474,869.56 (7.1% of the total contract
amount), less 10% retention of $47,486.96 for a net payment of $427,382.60.
• Total payments to date including retention are $4,954,973.98 (73.6% of the total
contract amount).
• As of December 31, 2007, 287 calendar days were used (79.7% of the contract
duration).
Staff and C3, the District's construction manager for the project, reviewed the contractor's
change order and progress payment requests and recommend approval. A copy of Progress
Payment No. 10 is attached for your reference.
YORBA LINDA WATER DISTRICT
PROGRESS PAY REPORT
PROJECT Phase III Administration Building PROGRESS PAY REQUEST NO 10
LOCATION Placentia PROJECT NO. J-0313 PAGE 1 OF 1 PAGES
CONTRACTOR J.E. Grant General Contractors DATE January 2, 2008
ORIGINAL CONTRACT AMOUNT. $ 6,445,828
AUTHORIZED CHANGE ORDERS:
$ 282,466
REVISED CONTRACT AMOUNT:
$ 6,728,294
PROGRESS PAY ESTIMATE FOR PERIOD
December 1, 2007
PREVIOUS
VALUE OF WORK COMPLETED
$ 4,310,261.85 I $
CHANGE ORDER WORK COMPLETED
$ 169,842.571s
TOTAL VALUE OF WORK COMPLETED
$ 4,480,104.42 I $
LESS RETENTION 10%
LESS OTHER DEDUCTIONS
AMOUNT DUE THIS ESTIMATE
LESS AMOUNT PREVIOUSLY PAID
BALANCE DUE THIS ESTIMATE
NOTICE TO PROCEED
March 19, 2007
COMPLETION TIME 360
CALENDAR DAYS
APPROVED TIME EXTENSIONS 0
CALENDAR DAYS
TO December 31, 2007
THIS MONTH
TO DATE
376,566.841s
4,686,828.69
98,302.72 I $
268,145.29
474,869.56 $
4,954,973.98
$
495,497.40
$
$
4,459,476.581
1 $
4,032,093 98 1
$
427,382.60
1
TOTAL CONTRACT TIME 360 CALENDAR DAYS
TIME EXPENDED TO DATE 287 CALENDAR DAYS
TIME REMAINING 73 CALENDAR DAYS
i
REQUESTED BY (r ~~I/~f~~~ 4
Peter Burrows, J E. Grant - CONTRACTOR
APPROVED BY ,
Sa m n, c3 ~onsbt nts- 1~VNER'S REPRESENTATIVE
APPROVED BY 14-(.Ii
Kenneth R. Vecc iarelh, YLWD-OWNER
DATE. c y, 62 %q&
~Ov-~03
DATE.
DATE: t L t ) l C ry
The Board of Directors approved the sale of $10.2M in revenue bonds for two key projects in
2003, of which $3.2M was allocated for the Administration Building and $7.OM was allocated for
the Highland Reservoir Replacement. With approval of the construction budget on January 25,
2007, the Board authorized a transfer from the annexation fund for up to $5M to fund the
balance of this project.
PRIOR RELEVANT BOARD ACTION(S):
On January 25, 2007, the Board of Directors authorized the award of a construction contract to
J.E. Grant General Contractors for the construction of the District's new administration building
at the Richfield site. The Board has approved nine progress payments to date, the latest of
which, Progress Payment No. 9, was approved on December 8, 2007. Change order 6 and 7
were approved on December 27, 2007.
STAFF RECOMMENDATION:
Approve Progress Payment No. 10 in the net amount of $427,382.60 to J.E. Grant General
Contractors for construction of the New Administration Building, Job No. 200313.
ITEM NO. 7
AGENDA REPORT
APPROVED BY THE BOARD OF OiRECT01,t-
Board Meeting Date: January 10, 2008 OF THE YORBA LINCA WATER DISTRICT
To: Board of Directors JAN 1. u
From: Michael A. Payne, General Manager 6Y-,_
Staff Contact: Amelia Cloonan, Executive Secretary
Reviewed by General Counsel: N/A Budgeted: Yes Total Budget: $ 61,470
Funding Source: Water Operating Fund
CEQA Account No: Job No:
Compliance: N/A Estimated Costs: $ 32,400 Dept: Admin
Subject: Annual Board of Directors Committee Assignments.
SUMMARY:
Immediately following the election of the President of the Board of Directors, the newly elected
President assigns the members of the Board of Directors to the various standing committees.
DISCUSSION:
Pursuant to Board of Directors Rules for Organization and Procedure, the Board has five
standing committees. Each committee consists of two Directors, and each Director is assigned
to two standing committees.
Standing committees are a means for study and discussion of specific issues facing the District.
They are a source of ideas and a vehicle to garner viewpoints. They handle time consuming
research and special work, which cannot normally be handled by the Board as a whole. The
committees report to the Board giving them policy advice in the areas of each committee's
expertise. They also assist staff in developing work headed to the Board for action.
The following is a description of each standing committee and Directors currently assigned to
each committee.
Executive-Administrative-Organizational Meets 3rd Tuesdav & 4:00 p.m.
Directors Summerfield and Mills To study advise and make recommendations to
Alternate: Collett the Board of Directors with regard to policy,
organization, legislative and legal issues and
the Board Goals Workshop.
Current District policy is that the newly elected Board President and Vice President
automatically serve on the Executive-Administrative-Organizational Committee and the Past
President serves as the alternate.
Finance-Accounting Meets 2 nd Tuesdav Cad 4:00 p.m. A
Directors Mills and Beverage To study, advise and make recommendations to
Alternate: Summe field the Board of Directors with regard to budgets,
1 investments, rates, fees and charges, financial
reports, auditors, and appropriations.
nr~
Personnel-Risk Manaqement Meets 2nd Mondav 4:00 p.m.
Directors Summerfield and Armstrong To study, advise and make recommendations to
Alternate: Mills the Board of Directors with regard to personnel,
"~.'~ti/►''~'
kolr')- luv~ employee relations, labor related issues and
~'1I insurance procurement.
Planninq-EngineerincLOperations Meets 1St Thursdav 0 4:00 p.m.
Directors Armstrong and Mills To study, advise and make recommendations to
Alternate: Col ett the Board of Directors with regard to five year
_ plans, construction activities, customer service, ` e
operations and maintenance, building, equipment,
property and fire defenses. `
Public Information Technology Meets 1St Tuesdav 4:00 p.m.
Directors Collett and Beverage To study, advise and make recommendations to
Alternate: Armstrong the Board of Directors with regard to all public
1 information activities, drought activities, community
J involvement and to promote water conservation
measures.
The Board of Directors currently has two ad-hoc Committees:
MWDOC Ad-Hoc Committee
Directors Beverage and Collett
Alternate: ills
i IS~r~~ e
Buildincl Ad-Hoc Committee
Directors Summerfield and Beverage
Alternate: Armstrong
U1
OCWD Ad-Hoc Committee
Directors: No Directors Assigned
Alternate:
Meets everv other month 3rd Tuesdav C& 4:00 p.m
To study, advise and make recommendations to
the Board of Directors with regard to Municipal
Water District of Orange County issues.
Meets 3rd Tue a aC~ 4:00 p.m.
To study, advi d make recommendation
the Board of irectors with regard to the new ,
administration building issues.
Temporarilv Discontinued
To study, advise and make recommendations to
the Board of Directors with regard to Orange
County Water District policy issues.
The Board of Directors is involved in several Intergovernmental and "Other" meeting
assignments. They include:
District/City of YL Finance Committee:
Metropolitan Water District:
Municipal Water District of O.C.:
Orange County Water District:
Placentia City Council:
Placentia Planning Commission:
Yorba Linda City Council:
Yorba Linda Planning Commission:
ACWA/JPIA Representative: Ch
ACWA Region 10:
ISDOC:
LAFCO:
WACO:
Assigned to Finance-Accounting Committee
No assignment
No assignment
No assignment
No assignment
No assignment 4 `
.s IYN-~
94reator 4rmsUong and Director
Director Mills and Director Armstrong (Alternate)
No assignment `J
Director Mills
ease
-19tfectef4Ak - r l
PRIOR RELEVANT BOARD ACTION(S):
The newly elected Board President assigns each Board member to various committee
assignments for the upcoming year in January. Past President Collett made the current
committee assignments in January 2007.
STAFF RECOMMENDATION:
`t'hat the President of the Board assign the Board members to the various Committee,
ntergovernmental and "Other" assignments for calendar year 2008.
Y }ia