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HomeMy WebLinkAbout2012-12-20 - Board of Directors Meeting Agenda Packet Yorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, December 20, 2012, 8:30 AM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Gary T. Melton, President Robert R. Kiley, Vice President Michael J. Beverage Ric Collett Phil Hawkins 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. COMMITTEE REPORTS 6.1. Citizens Advisory Committee (Beverage) Minutes of meeting held November 26, 2012 at 8:30 a.m. Minutes of meeting held December 17, 2012 at 8:30 a.m. (To be provided at the next regular Board meeting.) • Meeting scheduled January 28, 2013 at 8:30 a.m. 7. CONSENT CALENDAR All items listed on the consent calendar are considered to be routine matters, status reports, or documents covering previous Board instructions. The items listed on the consent calendar may be enacted by one motion. There will be no discussion on the items unless a member of the Board, staff, or public requests further consideration. 7.1. Minutes of the Board of Directors Regular Meeting Held December 6, 2012 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$1,982,778.76. 7.3. Progress Payment No. 5 for Pressure Regulating Station Upgrades, Phase 1 Recommendation: That the Board of Directors approve Progress Payment No. 5 in the net amount of$93,103.05 to Vido Samarzich, Inc. for construction of Pressure Regulating Station Upgrades Project, Phase 1. Job No. J-201108. 7.4. Progress Payment No. 6 for Yorba Linda Blvd Pipeline Project Recommendation: That the Board of Directors approve Progress Payment No. 6 in the net amount of$121,600.00 to Garcia Juarez Construction, Inc. for construction of the Yorba Linda Blvd Pipeline Project, Job No. 200817. 7.5. Approval of Change Orders No. 15-18 for Pressure Regulating Stations Upgrade Project, Phase 1 Recommendation: That the Board of Directors approve Change Orders No. 15-18 for three additional work days and $21,693.21 to Vido Samarzich, Inc. for construction of the Pressure Regulating Stations Upgrade Project, Job No. 2011-08. 7.6. Purchase of EADOC Project Management Subscription for the Yorba Linda Blvd Pump Station Project Recommendation: That the Board of Directors approve the purchase of EADOC Project Management Services for the Yorba Linda Blvd Pump Station Project in the amount of$6,150. 7.7. Purchase of 2013 Ford F350 Truck Recommendation: That the Board of Directors approve the purchase of the Ford F350 Cab & Chassis from Elk Grove Ford in the amount of$26,020.12. 8. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 8.1. Lease Agreement for Well 21 Site Recommendation: That the Board of Directors authorize approval and execution of the "Lease Agreement, Yorba Linda Water District, Warner Basin Complex, Well No. 21", between the Orange County Water District and Yorba Linda Water District, for a 50-year period. 8.2. Well 21 Hydrogeologic Services Recommendation: That the Board of Directors authorize execution of a Professional Services Agreement with CDM in the amount of$117,740 to provide Well 21 hydrogeologic services for drilling and construction support. 8.3. Award of Construction Contract for Yorba Linda Blvd Pump Station Project Recommendation: That the Board of Directors authorize 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 subject to the approval as to form by General Counsel. 8.4. Chambers Group Extension of Services for Hidden Hills Reservoir Project Habitat Mitigation and Monitoring Plan (HMMP) Recommendation: That the Board of Directors approve an extension to Chambers Group Professional Services Agreement, in the amount of$50,292 for the remainder of fiscal year 201212013 and $93,229 for fiscal years 2013114 through 201512016, for a total cost not to exceed $143,521, for required environmental compliance mitigation and monitoring for the Hidden Hills Reservoir Project. It is further recommended that the Board authorize transfer of$50,292 from the Water Operating Fund for the work through June 30, 2013, and that the work proposed for each of the three following fiscal years be approved by the Board as part of the annual budget process. 8.5. Board of Directors Committee Assignments Recommendation: That the President consider and make recommendations to the Board of Directors for committee and intergovernmental meeting assignments for the upcoming calendar year, subject to consent by the Board. 8.6. At-Will Employment Recommendation: That the Board of Directors consider At-Will employment for future District unrepresented employees. 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. President's Report 9.2. Directors' Report • CRWUA Conference - December 12-14, 2012 (Beverage/Melton) 9.3. Acting General Manager's Report 9.4. General Counsel's Report 9.5. Future Agenda Items and Staff Tasks 10. COMMITTEE REPORTS 10.1. Executive-Administrative-Organizational Committee (Hawkins/Melton) • Minutes of meeting held December 17, 2012 at 4:00 p.m. (To be provided at the next regular Board meeting.) • Meeting scheduled January 15, 2013 at 4:00 p.m. 10.2. Finance-Accounting Committee (Kiley/Hawkins) Minutes of meeting held December 18, 2012 at 12:00 p.m. (To be provided at the next regular Board meeting.) • Meeting scheduled January 28, 2013 at 4:00 p.m. 10.3. Personnel-Risk Management Committee (Beverage/Collett) Minutes of meeting held December 10, 2012 at 4:00 p.m. Meeting scheduled January 8, 2013 at 4:00 p.m. 10.4. Planning-Engineering-Operations Committee (Collett/Kiley) • Minutes of meeting held December 13, 2012 at 3:00 p.m. (To be provided at the next regular Board meeting.) • Meeting scheduled January 3, 2013 at 3:00 p.m. 10.5. Public Affairs-Communications-Technology Committee (Melton/Beverage) • Minutes of meeting held December 3, 2012 at 3:00 p.m. • Minutes of meeting held December 19, 2012 at 4:00 p.m. (To be provided at the next regular Board meeting.) • Meeting scheduled January 7, 2013 at 4:00 p.m. 10.6. YLWD-MWDOC-OCWD Joint Agency Committee (Hawkins/Beverage) • Meeting scheduled January 22, 2013 at 4:00 p.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. YL Planning Commission - December 12, 2012 (Kiley) 11.2. WACO - December 14, 2012 (Hawkins) 11.3. YL City Council - December 18, 2012 (Melton) 11.4. MWDOC Board - December 19, 2012 (Melton/Staff) 11.5. OCWD Board - December 19, 2012 (Kiley/Staff) 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from December 21 , 2012 - January 31, 2013 13. CLOSED SESSION The Board may hold a closed session on items related to personnel, labor relations and/or litigation. The public is excused during these discussions. 13.1. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: ACWA/JPIA, et al. vs. Insurance Company of the State of Pennsylvania, et al. (OC Superior Court - Case No. 00486884) Name of Case: MAMCO, Inc. vs. YLWD (OC Superior Court - Case No. 00595177) Name of Case: OCTA vs. YLWD (OC Superior Court - Case No. 00606042) Name of Case: OCTA vs. Amelia De Agundez et al. (OC Superior Court - Case No. 00598169) and related cases. Name of Case: In the Matter of Yorba Linda Water District and Michael Beverage (FPPC No. 11/49G) 14. ADJOURNMENT 14.1. The next regular meeting of the Board of Directors will be held Thursday, January 10, 2013 at 8:30 a.m. Items Distributed to the Board Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items and are distributed to a majority of the Board less than seventy-two (72) hours prior to the meeting will be available for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District's internet website accessible at http://www.ylwd.com/. Accommodations for the Disabled Any person may make a request for a disability-related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. ITEM NO. 6.1 AGENDA REPORT Meeting Date: December 20, 2012 Subject: Citizens Advisory Committee (Beverage) Minutes of meeting held November 26, 2012 at 8:30 a.m. Minutes of meeting held December 17, 2012 at 8:30 a.m. (To be provided at the next regular Board meeting.) • Meeting scheduled January 28, 2013 at 8:30 a.m. ATTACHMENTS: Description: Type: 112612 - CAC Minutes.docx CAC Mtg Minutes 11/26/12 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT CITIZENS ADVISORY COMMITTEE MEETING November 26, 2012 CALL TO ORDER A meeting of the Citizens Advisory Committee was called to order at 8:30 a.m. by Chair Daniel Mole. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE MEMBERS PRESENT Daniel Mole Greg Meyers Carl Boznanski Joe Holdren Cheryl Spencer-Borden Lindon Baker Bill Guse Oscar Bugarini Fred Hebein Rick Buck YLWD DIRECTORS PRESENT YLWD STAFF PRESENT Michael J. Beverage, Director Steve Conklin, Acting General Manager Damon Micalizzi, Public Information Officer OTHER VISITORS Mark Schock 1. PUBLIC COMMENTS Mr. Mole brought up that he had seen in an online blog-posting that the District had been sued by the OCTA, for costs associated with the Lakeview Grade Separation Project. Mr. Beverage briefly discussed some of the peripheral details about the pending litigation. The Committee then requested more information at a future meeting. 2. PRESENTATIONS 2.1. Bay Delta Conservation Plan — Presentation by Brett Barbre, Director, Metropolitan Water District of Southern California The Committee received copies of two presentations regarding the Bay Delta Governance and Conservation Plan. Director Barbre then took questions and led discussion on the future of water in Southern California, sustainability of the water supply and models, strategies and approaches for the next decades of water challenges. Director Barbre also invited members of the Committee to attend Metropolitan's upcoming inspection trips in early 2013. 1 3. ACTION CALENDAR 3.1. Appointment of Chair and Vice Chair for Calendar Year 2013 Mr. Buck nominated Mr. Mole to remain Chair for 2013. That Motion was seconded by Mr. Bugarini and accepted unanimously by the Committee. A motion was made to nominate Mr. Guse to again serve as Vice-Chair of which he accepted, though mentioned that he is unable to attend Board Meetings to deliver Committee Reports in the event that the Chair is unavailable. Mr. Buck was also nominated for the Vice-Chair. The Committee voted and Mr. Buck was elected Vice-Chair. 4. DISCUSSION ITEMS 4.1. Launch of New YLWD.com and Bottled Water Label Contest Mr. Micalizzi presented to the Committee the District's new website. He also presented to the Committee the three finalists for this year's Bottled Water Label Contest and informed the Committee that this year, the winner would be decided via online voting. 4.2. Future Agenda Items • OCW D • Golden State Water • OCTA Law Suit • Discussion with County Supervisor Todd Spitzer 5. ADJOURNMENT 5.1. The Committee adjourned at 10:10 a.m. The next regular meeting of the Citizens Advisory Committee will be held Monday, December 17, 2012 at 8:30 a.m. 2 ITEM NO. 7.1 AGENDA REPORT Meeting Date: December 20, 2012 Subject: Minutes of the Board of Directors Regular Meeting Held December 6, 2012 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name: Description: Type: 120612 BOD - Minutes.doc BOD Mtg Minutes 12/06/12 Minutes Approved by Board of Directors of the Yorba Linda Water District 12/20/2012 RURK 5-0 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, December 6, 2012, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The December 6, 2012 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Hawkins at 8:30 a.m. The meeting was held in the Board Room at the District's Administrative Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. PLEDGE OF ALLEGIANCE President Hawkins led the pledge. 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Phil Hawkins Steve Conklin, Acting General Manager Gary T. Melton Lee Cory, Operations Manager Michael J. Beverage Gina Knight, Human Resources and Risk Mgr Ric Collett Stephen Parker, Finance Manager Robert R. Kiley Art Vega, Interim Information Technology Mgr Damon Micalizzi, Public Information Officer Carlos Moya, Accounting Assistant II Annie Alexander, Executive Secretary ALSO PRESENT Brett Barbre, Director, Municipal Water District of Orange County Barbara Kiley, Former Mayor, City of Yorba Linda Eddy Beltran, Senior Counsel, Kidman Law LLP Andrew Gagen, Partner, Kidman Law LLP Kirtine Yang (Arrived following the Closed Session.) Tyler Yang (Arrived following the Closed Session.) 4. ADDITIONS/DELETIONS TO THE AGENDA Mr. Conklin stated that Item No. 6 could be taken prior to Item No. 5 if President Hawkins desired to do so. President Hawkins chose to switch the order of these two items. 6. PUBLIC COMMENTS None. 1 5. SEATING OF DIRECTORS 5.1. Reorganization of the Board of Directors for Calendar Year 2013 Mr. Conklin explained that it was time again for the election of officers and requested nominations for the positions of President and Vice President. Director Beverage nominated Director Melton to serve as President and Director Kiley as Vice President. Director Collett seconded the nominations. The Board approved the nominations 5-0. The meeting was then turned over to President Melton as the presiding officer. Mrs. Kiley left the meeting at this time. Mr. Conklin explained that staff was recommending that the Board appoint himself as Secretary, Ms. Alexander as Assistant Secretary and Mr. Parker as Treasurer. Director Beverage made a motion, seconded by Director Kiley to appoint Steve Conklin as Secretary, Annie Alexander as Assistant Secretary, and Stephen Parker as Treasurer. Motion carried 5-0. 7. SPECIAL RECOGNITION 7.1. Introduce Carlos Moya, Newly Hired Accounting Assistant II Mr. Parker introduced Mr. Moya and provided the Board with an overview of his background and work experience. The Board welcomed Mr. Moya to the District. Mr. Moya left the meeting at this time. Item No. 7.2. was postponed until later in the meeting. 8. COMMITTEE REPORTS 8.1. Citizens Advisory Committee (Beverage) Minutes of the meeting held November 26, 2012 at 8:30 a.m. were provided in the agenda packet. Discussion of these minutes was postponed until the next regular Board meeting. Next CAC meeting is scheduled December 17, 2012 at 8:30 a.m. 2 9. CONSENT CALENDAR Director Collett made a motion, seconded by Director Hawkins, to approve the Consent Calendar. Motion carried 5-0. 9.1. Minutes of the Board of Directors Workshop Meeting Held November 15, 2012 Recommendation: That the Board of Directors approve the minutes as presented. 9.2. Minutes of the Board of Directors Regular Meeting Held November 21 , 2012 Recommendation: That the Board of Directors approve the minutes as presented. 9.3. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$465,450.85. 9.4. Unaudited Financial Statements for the Period Ending September 30, 2012 Recommendation: That the Board of Directors receive and file the Unaudited Financial Statements for the Period Ending September 30, 2012. 10. ACTION CALENDAR 10.1. Board of Directors Compensation Mr. Conklin explained that the Board could consider adjusting their compensation rate for the upcoming calendar year as permitted by the Water Code. Director Melton stated that the Executive-Administrative-Organizational Committee had reviewed this matter and suggested that it be brought to the full Board for consideration. Director Hawkins made a motion, seconded by Director Beverage, to keep the Board of Directors' compensation rate the same for the upcoming calendar year. Motion carried 5-0. 11. REPORTS, INFORMATION ITEMS, AND COMMENTS 11.1. President's Report Director Melton thanked for Board for electing him as President. 3 11.2. Directors' Report • ISDOC Quarterly Meeting and Executive Committee Election — November 29, 2012 (Hawkins/Kiley) Directors Hawkins and Kiley reported on their attendance at this meeting and noted that Rich Freschi had been elected as President of the ISDOC Executive Committee for a second term. Dr. Barbara Stone presented an analysis of the general election results which was very informative. • MWDOC Elected Officials' Forum — November 29, 2012 (Melton) Director Melton reported on his attendance at this event and noted that two of the new Councilmembers for the City of Yorba Linda were in attendance as well as a whole host of other newly elected officials. Various matters such as the Bay Delta Conservation Plan and that status of MWDOC's current projects were discussed during the event. 11.3. Acting General Manager's Report Mr. Conklin offered his congratulations to President Melton and Vice President Kiley. Mr. Conklin then reported on the status of the Yorba Linda Blvd Pipeline Project and the scheduled contract award for construction of the Yorba Linda Blvd Pump Station Project. Mr. Conklin stated that the District's proposed 50-year lease agreement for construction and operation of a new well on OCWD property had been recommended for approval at a recent OCWD Property Management Committee meeting. Mr. Conklin further reported that several members of District staff had the opportunity to tour MWDOC's Emergency Operations Center which is fully equipped and set up well. Mr. Conklin offered a reminder regarding the District's employee appreciation dinner scheduled the next day at 6:00 p.m. Mr. Conklin then responded to questions from the Board regarding the lease agreement with OCWD, traffic-light timing at the intersections of Yorba Linda Blvd and Ohio St, Palm Ave, and Fairmont Blvd, as well as construction of a new well at the Yorba Linda Country Club. 11.4. General Counsel's Report Mr. Beltran did not have anything to report but did state that a Closed Session was needed. 11.5. Future Agenda Items and Staff Tasks None. 4 12. COMMITTEE REPORTS 12.1. Executive-Administrative-Organizational Committee (Hawkins/Melton) Minutes of the meeting held November 19, 2012 at 4:00 p.m. were provided in the agenda packet. Next meeting is scheduled December 17, 2012 at 4:00 p.m. 11.2. Finance-Accounting Committee (Kiley/Hawkins) Minutes of the meeting held November 26, 2012 at 4:00 p.m. were provided in the agenda packet. Next meeting is scheduled December 18, 2012 at 12:00 p.m. 12.3. Personnel-Risk Management Committee (Beverage/Collett) Minutes of the meeting held November 13, 2012 at 4:00 p.m. were provided in the agenda packet. Minutes of the meeting held November 28, 2012 at 4:00 p.m. will be provided at the next regular Board meeting. Next meeting is scheduled December 10, 2012 at 4:00 p.m. 12.4. Planning-Engineering-Operations Committee (Collett/Kiley) Next meeting is scheduled December 13, 2012 at 3:00 p.m. 12.5. Public Affairs-Communications-Technology Committee (Melton/Beverage) Minutes of the meeting held November 20, 2012 at 4:00 p.m. were provided in the agenda packet. Minutes of the meeting held December 3, 2012 will be provided at the next regular Board meeting. Next meeting is scheduled December 19, 2012 at 4:00 p.m. 5 12.6. YLWD-MWDOC-OCWD Joint Agency Committee (Hawkins/Beverage) Minutes of the meeting held November 27, 2012 at 4:00 p.m. were provided in the agenda packet. Next meeting is scheduled January 22, 2013 at 4:00 p.m. 13. INTERGOVERNMENTAL MEETINGS 13.1. YL Planning Commission — November 14, 2012 (Kiley) Director Kiley attended but did not have any District related business to report. 13.2. OCWD Board — November 28, 2012 (Kiley/Staff) Director Kiley attended but did not have any District related business to report. 13.3. YL Planning Commission — November 28, 2012 (Collett) Director Collett attended but did not have District related business to report. 13.4. YL City Council — December 4, 2012 (Hawkins) Director Hawkins attended and noted that this was the first meeting for the new City Councilmembers. Councilmembers Lindsey and Young were elected as Mayor and Mayor Pro Tern respectively. The contract for police services was again discussed at length and was continued to the next meeting on December 18, 2012. 13.5. OCWD Board — December 5, 2012 (Kiley/Staff) Director Kiley did not attend this meeting as it was cancelled. 14. BOARD OF DIRECTORS ACTIVITY CALENDAR 14.1. Meetings from December 7, 2012 — January 31 , 2013 The Board reviewed the activity calendar and made no changes. 15. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 15.1. CSDA Effective Board Member / AB1234 Ethics Training — January 22, 2013 UWI Spring Water Conference — February 20-22, 2013 CSDA Special District Leadership Academy Module 1 : Governance Foundations — February 21, 2013 ACWA Washington DC Conference — February 26-28, 2013 6 Director Beverage requested that that the ACWA Washington DC Conference be removed from the list due to the cost involved in attending. Director Melton expressed an interest in possibly attending the CSDA Special District Leadership Academy Module 1 . Director Beverage made a motion, seconded by Director Hawkins, to authorize Director attendance at all of the above listed events with exception of the ACW4 Washington DC Conference. Motion carried 5-0. 16. CLOSED SESSION The meeting was adjourned to Closed Session at 8:53 a.m. All Directors were present. Also present were Mrs. Knight and Messrs. Conklin, Beltran and Gagen. 16.1. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: ACWA/JPIA, et al vs. Insurance Company of the State of Pennsylvania, et al (OC Superior Court — Case No. 00486884) Name of Case: MAMCO, Inc. vs. Yorba Linda Water District (OC Superior Court — Case No. 00595177) Name of Case: OCTA vs. YLWD (OC Superior Court — Case No. 00606042) Name of Case: OCTA vs. Amelia De Agundez et al. (OC Superior Court — Case No. 00598169) and related cases. The Board reconvened in Open Session at 9:37 am. President Hawkins announced that no action was taken during Closed Session that was required to be reported under the Brown Act. SPECIAL RECOGNITION CONTINUED 7.2. Presentation of Proclamation to Winner of District's Bottled Water Label Contest President Melton presented a proclamation to Tyler Yang, a 2nd grader in Mrs. Lyman's class at Mabel Paine Elementary School, in recognition of his accomplishment. Mr. Micalizzi explained the purpose of the contest and the District's bottled water program. The Board congratulated Tyler and Mrs. Yang. 7 17. ADJOURNMENT 17.1. The meeting was adjourned at 9:40 am. The next regular meeting of the Board of Directors will be held Thursday, December 20, 2012 at 8:30 a.m. Steve Conklin Board Secretary 8 ITEM NO. 7.2 AGENDA REPORT Meeting Date: December 20, 2012 Budgeted: Yes To: Board of Directors Cost Estimate: $1 ,982,778.76 Funding Source: All Funds From: Steve Conklin, Acting General Manager Presented By: Stephen Parker, Finance Dept: Finance Manager Prepared By: Maria Trujillo, Accounting Assistant I Subject: Payments of Bills, Refunds, and Wire Transfers SUMMARY: Section 31302 of the California Water Code says the District shall pay demands made against it when they have been approved by the Board of Directors. Pursuant to law, staff is hereby submitting the list of disbursements for Board of Directors' approval. STAFF RECOMMENDATION: That the Board of Directors ratify and authorize disbursements in the amount of $1 ,982,778.76. DISCUSSION: The wires and major items on this disbursement list are as follows: A wire of $946,501.84 to MWDOC for October's water purchase; a wire of $46,663.43. to Southern California Edison for November services on various sites; a check of $121 ,600.00 to Garcia Juarez Construction for Yorba Linda Blvd Pipeline Project November progress payment; a check of $361,884.84 to Haaker Equipment for a 2013 Kenworth T440 Vactor; and, a check of $100,120.84 to Kidman Law for November legal services rendered. The balance of $152,543.16 is routine invoices. The Accounts Payable check register total is $1,729,314.11; Payroll No. 25 total is $253,464.65; and, the disbursements of this agenda report are $1,982,778.76. A summary of the checks is attached. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors approves bills, refunds and wire transfers semi-monthly. ATTACHMENTS: Name: Description: Type: CkReg122012 BOD.pdf Check Register Backup Material 12-CS 1220.doc Cap Sheet Backup Material 12 CC 1220.xls Credit Card Summary Backup Material Approved by the Board of Directors of the Yorba Linda Water District 12/20/2012 RC/RK 5-0 RC abstained from voting on Check No. 60417 as he has a financial interest with the vendor. Yorba Linda Water District Check Register For Checks Dated: 12/07/2012 thru 12/20/2012 Check No. Date Vendor Name Amount Description 60351 12/20/2012 Anaheim Wheel&Tire 15.00 UNIT 166 MOUNT/BAL TIRE 60352 12/20/2012 Anthem Blue Cross EAP 166.32 ANTHEM BC EAP DECEMBER 60353 12/20/2012 Apollo Technologies Inc. 430.00 WTR TRTMT/CLSD LOOPS 60354 12/20/2012 Aqua-Metric Sales Co. 864.92 IPERL CABLE TR/PL 60355 12/20/2012 Aramark 724.37 UNIFORM 60368 12/20/2012 ARC 40.00 PALM AVE PIPELN PLANWL DATA 60356 12/20/2012 Aspen Risk Management Group Inc 1,548.75 SAFETY CONSULTANT NOV 60357 12/20/2012 Associated Laboratories 2,896.80 LAB ANALYSES OCTOBER 60358 12/20/2012 AT&T-Calnet2 3,128.87 COMMUNICATIONS 1012-1111 60359 12/20/2012 B&M Lawn and Garden Inc 17.71 ELEMENT,AIR CLEANER 60364 12/20/2012 C&L Refrigeration Corp. 937.25 SERVICE CALL MIRALOMA 60361 12/20/2012 CalCard US Bank 8,033.85 YLWD CAL CARD VISA 60360 12/20/2012 Caltrol Inc 432.00 LABOR CHARGES 60363 12/20/2012 CDW Government, Inc 3,120.05 CISCO SMARTNET SNT SMS-1 60365 12/20/2012 Coastline Equipment 1,601.17 UNIT 92 HYDRAULIC RAM KIT ETC 60366 12/20/2012 Community Bank 6,400.00 PALM AVE BPS RETENTION NOV 60367 12/20/2012 Complete Paperless Solutions 4,780.00 LASERFICHE BRZ SUPPORT 60387 12/20/2012 Costco Online 574.76 BREAKROOM SUPPLIES 60369 12/20/2012 Culligan of Santa Ana 5.70 WTR SOFTENER SVC 60370 12/20/2012 Dapper Tire Co. Inc. 1,242.57 TIRES 60375 12/20/2012 Dean Criske Trucking 1,271.45 ROAD MATERIAL 60371 12/20/2012 DeltaCare USA 376.59 DELTA CARE DECEMBER 60372 12/20/2012 Derek Nguyen 110.00 LUNCH/CDPH INSP-WQ 60373 12/20/2012 Donut Designs 2,000.00 YLWD WEBSITE REDESIGN 60374 12/20/2012 Doug A. Baker 126.00 CERT ASE BAKER 60376 12/20/2012 Dunweizer Fabrication, Inc. 1,300.53 UNIT E176 ROD BOLT/SPRINGS 60377 12/20/2012 Eisel Enterprises, Inc. 554.91 GRADE RING 60378 12/20/2012 Energy Environmental Soln, Inc 2,200.00 WELL 7 ICE TESTING 60379 12/20/2012 Equarius Waterworks 3,035.67 T-10 METER R9001 60380 12/20/2012 EyeMed 1,259.80 EYEMED DECEMBER 60381 12/20/2012 Filter Recycling Services, Inc 243.80 WASTE OIL REMOVAL 60382 12/20/2012 Fleet Services, Inc 468.13 UNIT 134 ABS MODULE KIT 60383 12/20/2012 Flex Advantage 103.50 FLEX A/C PROCESSING NOVEMBER 60384 12/20/2012 Fry's Electronics 340.38 MISC IT SUPPLIES 60385 12/20/2012 Garcia Juarez Construction Inc 121,600.00 PALM AVE BPS PROG PAY NOV 60386 12/20/2012 Haaker Equipment Co. 361,884.84 2013 KENWORTH T440 VACTOR 60388 12/20/2012 Infosend Inc. 2,487.81 BILL MAILING 60389 12/20/2012 Jackson's Auto Supply-Napa 42.64 OIL FILTERS 60390 12/20/2012 John Bogosian 623.12 SHOP TOOLS 60391 12/20/2012 Ken Mendum 75.00 CERT CWEA COLL GR I MENDUM 60392 12/20/2012 Kidman Law 100,120.84 LEGAL SERVICES NOVEMBER 60393 12/20/2012 Konica Minolta Business 330.90 COPY CHARGE C552 60394 12/20/2012 Konica Minolta Business 849.25 BIZHUB C552,181 60395 12/20/2012 Layne Christensen Company 4,351.58 WELL 10 MOTOR RMVUINSTALL 60396 12/20/2012 Lee&Ro, Inc. 3,028.00 PALM AVE PIPLN NOV SVCS 60397 12/20/2012 Liebert Cassidy Whitmore 4,396.00 HR ISSUES OCTOBER 60399 12/20/2012 Marina Landscape, Inc 1,409.15 LANDSCAPE MAINT NOVEMBER 60398 12/20/2012 Mary Louise Staula 330.00 CENTERPIECES/EMP REC DINNER 60400 12/20/2012 Mc Fadden-Dale Hardware 939.20 PURCH NOV,DEC 60401 12/20/2012 Mc Master-Carr Supply Co. 75.67 WELL 18 ROD END 60402 12/20/2012 Merchants Building Maintenance LL( 5,488.86 JANITORIAL DECEMBER W121312 12/13/2012 Municipal Water District 946,501.84 WATER PURCHASE OCTOBER 60403 12/20/2012 Murcal, Inc. 1,055.46 WL18 AUTO ENG THROTTLE CTRL 60404 12/20/2012 Muzak LLC 70.88 MUZAK VOICE DECEMBER 60405 12/20/2012 NatPay Online Business Solutions 137.85 DOCULIVERY SVC FEES JUL-NOV 60406 12/20/2012 Nickey Kard Lock Inc 4,883.01 FUEL NOVEMBER 60407 12/20/2012 Occu-Med, Ltd. 122.00 OUT/AREA EXAMS ACCT ASST II 60408 12/20/2012 Orange County-1 W M D 1,407.50 REFUSE DISPOSAL 60409 12/20/2012 Orange County Sanitation District 68.81 OCHCA FOG/BMP INSP 12-13 1Q 60410 12/20/2012 Orange County Water Assn 250.00 OCWA BBQ SEPT OPS/ADMIN 60411 12/20/2012 Orange County Water District 3,817.00 WELL 21 ANNUAL LEASE PYMT 60412 12/20/2012 Orvac Electronics 340.29 MISC SCADA SUPPLIES 60413 12/20/2012 Pacific Communications Tech 3,189.29 HIDDEN HILLS RES RF CABLE 60414 12/20/2012 Parts Source Anaheim 270.33 UNIT 153 OXYGEN SENSOR 60415 12/20/2012 Pete's Road Service Inc 753.10 UNIT 92 SVC CALL/TIRE REPL 60416 12/20/2012 Placentia Chamber Of Commerce 450.00 PLACENTIA COC MEMBER 12-13 60417 12/20/2012 Placentia Disposal#676 480.66 DISPOSAL NOVEMBER 60418 12/20/2012 Praxair Distribution 146.87 WELDING SUPPLIES 60419 12/20/2012 RKI Engineering, LLC 4,800.00 SCADA CTRL SUPPORT 60420 12/20/2012 Sancon Engineering Inc. 20,062.00 SWR SLIP LINE VIA AZUL 60362 12/20/2012 SARBS-CWEA 340.00 COLLECTIONS SEMINAR 2013 OPS 60421 12/20/2012 Schorr Metals, Inc. 91.10 UNIT E193 EXP METAL,CUT CHGS 60422 12/20/2012 Selman Chevrolet Company 64.42 GASKET,VALVE 60423 12/20/2012 Smog Tech 585.00 SMOG CK VARIOUS VEHICLES 60424 12/20/2012 Solarwinds Inc. 790.00 ENG TOOLSET W121912 12/19/2012 Southern Calif Edison Co. 46,663.43 ELECTRICAL CHGSNAR NOV 60425 12/20/2012 Southern Calif Gas Co. 17,891.91 RICHFIELD 01241070000 NOV 60426 12/20/2012 Stephen Parker/Petty Cash 352.73 PETTY CASH REIMBURSEMENT 60427 12/20/2012 Sunrise Medical Group 1,131.69 MED ATTN SVCS JUL-AUG 60349 12/20/2012 SUSAN WELSH 82.24 CUSTOMER REFUND 60428 12/20/2012 The Bee Man 175.00 BEE REMOVAUSUNSET LN 60429 12/20/2012 Townsend Public Affairs, Inc. 5,000.00 CONSULTING DECEMBER 60432 12/20/2012 U S Postal Service(Hasler) 5,000.00 POSTAGE/MTR AC 15799 60430 12/20/2012 Underground Service Alert 183.00 NEW TICKETS NOVEMBER 60431 12/20/2012 United Industries 277.46 BLEACH 60433 12/20/2012 Verizon Wireless 2,110.98 VERIZON NOVEMBER 60350 12/20/2012 VIDO SAMARZICH INC 1,000.00 CONSTRUCTION METER 60434 12/20/2012 Walters Wholesale Electric Co. 46.32 WIRE 60435 12/20/2012 Westside Building Material 169.71 DESCALER 60436 12/20/2012 Yorba Linda Hardware 168.52 PURCH NOVEMBER Total $1,729,314.11 December 20, 2012 CHECK NUMBERS: Computer Checks 60349-60436 $ 736,148.84 WIRES: W-121312 MWDOC $ 946,501.84 W-121912 Southern Cal Edison $ 46,663.43 $ 993,165.27 TOTAL OF CHECKS AND WIRES $ 1,729,314.11 PAYROLL NOS. 25: Direct Deposits $ 164,279.75 Third Party Checks 5445-5455 $ 45,072.13 Payroll Taxes $ 44,112.77 TOTAL OF PAYROLL $ 253,464.65 ---------------------------------------------------------------------------------------------------------------------- DISBURSEMENT TOTAL: $ 1,982,778.76 ------------------------------------------------------------------ ------------------------------------------------------------------ APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF DECEMBER 20, 2012 ------------------------------------------------------------------ ------------------------------------------------------------------ Cal Card Credit Card U S Bank 11/29/2012-12/6/2012 Date Vendor Name Amount Description 11/29/12 GFOA 435.00 CAFR Award application fee 11/29/12 RS Means 140.21 Manual/Building Construction Cost 11/29/12 Laserfiche (645.00) Cancellation/Laserfiche Conference 11/29/12 CWEA 75.00 CWEA membership dues Ostiz 11/29/12 Sunstate Equipment 68.96 Propane/forklift 11/29/12 Praxair 277.50 Welding supplies 11/29/12 Praxair 27.72 Welding supplies 12/03/12 Jobs Available 39.00 Annual subscription 12/03/12 Home Depot 143.09 Christmas tree stand 12/03/12 Praxair 54.35 Welding supplies 12/04/12 Wells Supply 6,088.66 WHS stock 12/04/12 Farmer Boys 25.12 Lunch/Accounting Section meeting 12/05/12 Michaels 71.10 Frames/Proclamations-Art Contest 12/05/12 Target 301.70 Pre-lit Christmas tree 12/05/12 Farwest Corrosion 839.06 Cable 12/05/12 Praxair 92.38 Welding supplies TOTAL 8,033.85 ITEM NO. 7.3 AGENDA REPORT Meeting Date: December 20, 2012 Budgeted: Yes Total Budget: $750,000 To: Board of Directors Cost Estimate: $93,103.05 Funding Source: All Water Funds From: Steve Conklin, Acting General Account No: 101-2700 Manager Job No: J-201108 Presented By: Steve Conklin, Acting General Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Derek Nguyen, Water Quality CEQA Compliance: Exempt Engineer Subject: Progress Payment No. 5 for Pressure Regulating Station Upgrades, Phase 1 SUMMARY: Work is essentially complete for the Pressure Regulating Station Upgrades Project. It includes improvements to four pressure regulation stations (PRS) with concrete vaults, piping, valves, safety ladders, traffic-rated hatches, and appurtenances to meet new design and safety standards. STAFF RECOMMENDATION: That the Board of Directors approve Progress Payment No. 5 in the net amount of $93,103.05 to Vido Samarzich, Inc. for construction of Pressure Regulating Station Upgrades Project, Phase 1. Job No. J-201108. DISCUSSION: In accordance with the contract documents, Vido Samarzich, Inc. submitted a request for Progress Payment No. 5, in the net amount of$93,103.05 for completed work through November 30, 2012. During this period, the contractor completed the Timber Ridge site, which included piping, valves, block building construction, re-grading and paving of the station. The status of the construction contract with Vido Samarzich is as follows: • The current contract amount is $672,518.19 and 172 calendar days starting June 12, 2012. • If approved, Progress Payment No. 5 is $97,758.20 less a 5% retention of $4,655.15 for a net payment of $93,103.05 (13.8% of the total contract amount). • Total payments to date including retention are $638,892.26 (95% of the total contract amount). • As of November 30, 2012, 146 calendar days were used (85% of the contract time). Staff reviewed the contractor's progress payment and recommend approval. A copy of Progress Payment No. 5 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): • On May 10, 2012 the Board of Directors awarded the construction contract in the amount of $597,020 to Vido Samarzich, Inc. for the construction of the Pressure Regulating Station Upgrades, Job No. 2011-08. • On July 12, 2012, the Board of Directors approved Change Order No. 1 for 27 additional work days and no additional cost to Vido Samarzich, Inc. for the construction of the Pressure Regulating Station Upgrades, Job No. 2011-08. • On August 9, 2012 the Board of Directors approved Change Orders 2 & 3 for 3 additional work days and $14,904.07 to Vido Samarzich, Inc. for the construction of the Pressure Regulating Station Upgrades, Job No. 2011-08. • On August 9, 2012, the Board of Directors approved Progress Payment No. 1 in the net amount of $86,601 .12 to Vido Samarzich, Inc. for the construction of the Pressure Regulating Station Upgrades, Job No. 2011-08. • On September 27, 2012, the Board of Directors approved Change Orders 4, 5 & 6 for a combined three additional work days and $10,512.09 to Vido Samarzich, Inc. for the construction of the Pressure Regulating Station Upgrades, Job No. 2011-08. • On September 27, 2012, the Board of Directors approved Progress Payment No. 2 in the net amount of $214,529.64 to Vido Samarzich, Inc. for the construction of the Pressure Regulating Station Upgrades, Job No. 2011-08. • On October 11 , 2012, the Board of Directors approved Change Orders No. 7-10 for one-half additional work day and $2,820.33 to Vido Samarzich, Inc. for construction of the Pressure Regulating Stations Upgrade Project, Job No. 201108. • On November 8, 2012, the Board of Directors approve Change Orders No. 11-14 on November 8, 2012 for six additional work days and $25,568.49 to Vido Samarzich, Inc. for the construction of the Pressure Regulating Stations Upgrade Project, Job No. 201108. • On December 13, 2012, the Planning-Engineering-Operations Committee considered Change Orders No. 15-18 at its meeting and recommends that the Board of Directors approve Change Orders No. 15-18 on December 20, 2012 for three additional work days and $21,693.21 to Vido Samarzich, Inc. for construction of the Pressure Regulating Stations Upgrade Project, Job No. 201108 ATTACHMENTS: Name: Description: Type: Vido Samarzich Prog.PaVment No.5 12132012.pdf Vido Samarzich_Prog. Payment NO.4_12132012 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 12/20/2012 RC/RK 5-0 YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT Pressure Regulating Station PROGRESS PAY 005 Upgrades REQUEST NO. LOCATION Yorba Linda, CA PROJECT NO. 201108 PA 1 OF 1 PAGES GE CONTRACTOR Vido Samarzich, Inc. DATE Dec 10,2012 ORIGINAL CONTRACT AMOUNT: $ 597,020.00 AUTHORIZED CHANGE ORDERS: $ 75,498.19 REVISED CONTRACT AMOUNT: $ 672,518.19 PROGRESS PAY ESTIMATE FOR PERIOD November 1,2012 TO November 3D 2012 PREVIOUS THIS MONTH TO DATE VALUE OF WORK COMPLETED $ 520,710.001 $76,310.00 $597,020.00 CHANGE ORDER WORK COMPLETED S 53.804.98 1 $21,693.21 $ 7S.498.19 TOTAL VALUE OF WORK COMPLETED $ -1,74.514.981 $98.003.21 $ 672.518.19 LESS RETENTION 5% S 33 625.91 LESS OTHER DEDUCTIONS Electronic Wire Fees $ NET EARNED TO DATE 638 892.28 LESS AMOUNT PREVIOUSLY PAID 3 S45,789.23 BALANCE DUE THIS ESTIMATE $ 93 103.05 NOTICE TO PROCEED June 12,2012 COMPLETION TIME 111 CALENDAR DAYS APPROVED TIME EXTENSIONS 61 CALENDAR DAYS TOTAL CONTRACT TIME 172 CALENDAR DAYS TIME EXPENDED TO DATE t 46 CALENDAR DAYS TIME REMAINING 26 CALENDAR DAYS Ir REQUESTED BY: E/ DATE: Vidd Sam ch,Vi resident,Contractor RECOMMENDED: DATE: ro Manager,YLWD APPROVED BY: DATE: Steve Conklin,Acting General Manager,YLWD ITEM NO. 7.4 AGENDA REPORT Meeting Date: December 20, 2012 Budgeted: Yes Total Budget: $2.25 M To: Board of Directors Cost Estimate: $1 .7 M Funding Source: All Water Funds From: Steve Conklin, Acting General Account No: 101-2700 Manager Job No: J-200817 Presented By: Steve Conklin, Acting General Dept: Engineering Manager Reviewed by Legal: No Prepared By: Joe Polimino, Project Engineer CEQA Compliance: MND Subject: Progress Payment No. 6 for Yorba Linda Blvd Pipeline Project SUMMARY: Work is essentially complete on construction of the Yorba Linda Blvd Pipeline Project. It includes 5,170 lineal feet of 20-inch diameter water transmission main, various valves, blow-off and air- release installations in Yorba Linda Blvd. STAFF RECOMMENDATION: That the Board of Directors approve Progress Payment No. 6 in the net amount of $121 ,600.00 to Garcia Juarez Construction, Inc. for construction of the Yorba Linda Blvd Pipeline Project, Job No. 200817. DISCUSSION: In accordance with the contract documents, Garcia Juarez Construction, Inc. submitted a request for Progress Payment No. 6, in the amount of $128,000.00 for completed work through November 30, 2012. During this period, the contractor maintained traffic controls and signs, installed miscellaneous piping to make connections to existing waterlines, and abandoned existing lines with slurry fill. The contractor also hydrostatically tested the new line, disinfected, and re-paved the road within the project limits as required. The status of the construction contract with Garcia Juarez Construction, Inc. is as follows: • The current contract is $1 ,681,650.00 and 182 calendar days starting May 29, 2012. • If approved, Progress Payment No. 6 is $128,000.00 (7.6% of the total contract amount), less 5% retention of $6,400.00 for a net payment of $121 ,600.00. • If approved, total payments to date including retention will be $1,668,250.00 (99.2% of the total contract amount). • As of November 30, 2012, 182 calendar days were used (100% of the contract time). The District has "Beneficial Use" of the new pipeline at this time. Staff reviewed the contractor's progress payment and recommend approval. A copy of Progress Payment No. 6 is attached for your reference. PRIOR RELEVANT BOARD ACTION(S): The Board authorized the President and Secretary to execute a construction agreement in the amount of $1 ,681,650.00 for the Yorba Linda Blvd Pipeline Project with Garcia Juarez Construction, Inc. on May 24, 2012. The Board has approved five progress payments to date for this project, the last of which was approved on November 8, 2012. ATTACHMENTS: Name: Description: Type: GJC YL BLVD Proiect Progress Pay Request 6.pdf YL Blvd. Progress Payment No.6 for GJC Backup Material Approved by the Board of Directors of the Yorba Linda Water District 12/20/2012 RC/RK 5-0 YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT Yorba Linda Blvd . Pipeline Project PROGRESS PAY REQUEST NO, 006 LOCATION Yorba Linda , CA PROJECT NO , 200817 PAGE 1 OF 1 PAGES CONTRACTOR Garcia Juarez Construction DATE 12/6112 ORIGINAL CONTRACT AMOUNT: $ 116811650.00 AUTHORIZED CHANGE ORDERS : $ REVISED CONTRACT AMOUNT: $ 116819650 .00 PROGRESS PAY ESTIMATE FOR PERIOD November 1 , 2012 TO November 30, 2012 PREVIOUS THIS MONTH TO DATE VALUE OF WORK COMPLETED $ 11540 , 250. 00 $ 128,000. 00 $ 11668,250. 00 CHANGE ORDER WORK COMPLETED $ _ $ _ $ _ TOTAL VALUE OF WORK COMPLETED $ 11540, 250. 00 $ 128 ,000. 00 $ 1 , 668 ,250. 00 LESS RETENTION 5% L $ 11463 ,237 . 50 $ 121 ,600. 00 $ 1 , 584, 837 . 50 LESS OTHER DEDUCTIONS Electronic Wire Fees NET EARNED TO DATE $ 1 , 584 , 837 . 50 LESS AMOUNT PREVIOUSLY PAID $ 11463 ,237 . 50 BALANCE DUE THIS ESTIMATE $ 121 ,600 . 00 NOTICE TO PROCEED May 29, 2012 COMPLETION TIME 182 CALENDAR DAYS APPROVED TIME EXTENSIONS 0 CALENDAR DAYS TOTAL CONTRACT TIME 182 CALENDAR DAYS TIME EXPENDED TO DATE 182 CALENDAR DAYS TIME REMAINING CALENDAR DAYS REQUESTED BY: DATE: Ji fin, P, oject Manager, GJC RECOMMENDED: ° DATE: Z -- Joe Polimino, Project Engineer, YLWD APPROVED BY: DATE: Steve Conklin , Engineering Manager, YLWD ITEM NO. 7.5 AGENDA REPORT Meeting Date: December 20, 2012 Budgeted: Yes Total Budget: $750,000 To: Board of Directors Cost Estimate: $21,693 Funding Source: All Water Funds From: Steve Conklin, Acting General Account No: 101-2700 Manager Job No: J2011-08 Presented By: Steve Conklin, Acting General Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Derek Nguyen, Water Quality CEQA Compliance: Exempt Engineer Subject: Approval of Change Orders No. 15-18 for Pressure Regulating Stations Upgrade Project, Phase 1 SUMMARY: Construction is essentially complete for the Pressure Regulating Stations Upgrade Project. Submitted for consideration are Change Orders No. 15-18 for three additional work days and $21,693.21 for additional time, labor and materials for the changes in condition for the Timber Ridge site. STAFF RECOMMENDATION: That the Board of Directors approve Change Orders No. 15-18 for three additional work days and $21,693.21 to Vido Samarzich, Inc. for construction of the Pressure Regulating Stations Upgrade Project, Job No. 2011-08. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee considered this item at its December 13, 2012 meeting and supports staffs recommendation. DISCUSSION: In accordance with the contract documents, Vido Samarzich, Inc. submitted Change Orders No. 15- 18 for changed conditions for the Timber Ridge Pressure Regulating Station sites, summarized as follows: . Proposed Change Order No. 15 requests $3,381.01 and no additional work days to furnish one 12" butterfly valve class 250 and install an additional 8" flexible coupling necessary for the existing 8" tie-in to the pump station discharge line. This extra work had to be completed to allow for demolition of a large concrete block poured around the pump station discharge line where a tie-in was required per the design plans. The work replaces an existing 150 psi butterfly valve with a 250 psi valve to ensure complete isolation and tight seal for future operation. • Proposed Change Order No. 16 requests $13,933.61 and two additional work days to remove and replace a 12" gate valve and approximately 24-ft of 12" ductile iron pipe. This replacement was requested by District staff as necessary follow-up work to an emergency repair District staff had made two weeks prior. During the installation of a repair spool for the emergency repair work, District staff discovered that the adjacent pipeline was badly deteriorated. Because it was located in a high pressure zone, staff recommended that this pipeline be replaced right away, including the leaking gate valve and the deteriorated pipe section observed during the repair. This work was necessary in order to ensure continued non- interrupted service to customers in the area. • Proposed Change Order No. 17 requests $1 ,564.08 and no additional work days to install electrical materials not shown on plans. This work was requested by the District's SCADA staff in order to better provide for future maintenance and operation. The extra work required pulling additional wire for the new pressure reducing valves and flowmeters and the installation of an electrical junction box inside the new pressure reducing station. • Proposed Change Order No. 18 requests $2,814.51 and one additional work day to install a 12" spool with stainless steel bolt set to accommodate the irregular 16-bolt pattern found on the existing 12" gate valve discovered during work in Change Order No. 16. The work required draining and removal of mud debris in an excavated trench as a result of flooding during the shutdown. The extra work was necessary in order to accommodate the irregularity in bolt pattern of the leaking gate valve and the removal of mud debris prior to establishing final tie-in for the new station per design plans. District staff and its engineering consultant reviewed the changed conditions and the time request and recommend approval. Copy Change Orders No. 15-18 are attached for review and information. The status of the construction contract with Vido Samarzich, Inc. is as follows: • The current contract is $650,824.98 with 150.5 working days starting June 12, 2012. • If approved, Change Orders No. 15-18 adds three work days (2.0% of current contract days) and $21 ,693.21 (3.3% of current contract cost). • If approved, the revised construction contract would be $672,518.19 and 153.5 days. The sum of the 18 change orders to date would equate to 12.6% added contract cost and 38.3% added contract days over the original contract amounts. 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): • On May 10, 2012 the Board of Directors awarded the construction contract in the amount of $597,020 to Vido Samarzich, Inc. for the construction of the Pressure Regulating Stations Upgrade, Job No. 2011-08. • On July 12, 2012 the Board of Directors approved Change Order No. 1 for 27 additional work days and no additional cost to Vido Samarzich, Inc. for the Construction of the Pressure Regulating Stations Upgrade, Job No. 2011-08. • On August 9, 2012 the Board of Directors approved Change Order Nos. 2 & 3 for three additional work days and $14,904.07 to Vido Samarzich, Inc. for the Construction of the Pressure Regulating Stations Upgrade, Job No. 2011-08. • On September 27, 2012 the Board of Directors approved Change Orders 4, 5 and 6 for a combined three additional work days and $10,512.09 to Vido Samarzich, Inc. for the Construction of the Pressure Regulating Stations Upgrade, Job No. 2011-08 • On October 11 , 2012 the Board of Directors approved Change Order Nos. 7-10 for one-half additional work day and $2,820.33 to Vido Samarzich, Inc. for construction of the Pressure Regulating Stations Upgrade Project, Job No. 2011-08 • On November 8, 2012 the Board of Directors approved Change Order Nos. 11-14 for six additional work days and $25,568.49 to Vido Samarzich, Inc. for construction of the Pressure Regulating Stations Upgrade Project, Job No. 2011-08 ATTACHMENTS: Name: Description: Type: CO 15-18 Timber Ridge PRS.pdf CO-1 5-18—Timber Ridge PRS_11272012 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 12/20/2012 RC/RK 5-0 YORBA LINDA WATER DISTRICT CHANGE ORDER NO, 1S DATE October 11 , 2012 Page 1 Of 1 CONTRACT NAME: Pressure Regulating Stations Upgrade CONTRACT AMT.: $650,824.98 DAYS: 150 .5 CONTRACTOR: Vido Samarzich, Inc. THIS CHANGE: $3,381.01 DAYS: 0 PROJECT NO: 2011-08 OWNER: Yorba Linda Water District REVISED CONTRACT AMT: $654,205.99 DAYS: 150 5 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor and Yorba Linda Water District otherwise referred to as Owner. +INCREASE CONTRACT DESCRIPTION OF CHANGES / OR TIME +EXTENSION / — DECREASE IN OR -REDUCTION CONTRACT (DAYS) AMOUNT TIMBER RIDGE PRS-Fumish only (1)-12" 250psi BV and furnish and install additional 8" $3,381.01 0 material necessary for be in at existing 8° main as a result of an existing coupling at our point of connection not shown on plans. Once the existing coupling is removed to allow for the installation of our new 8" GV, the difference will be made up with an additional flanged spool, flex coupling and a pipe to pipe restraint w stainless steel hardware. NET CHANGE $3,381 .01 0 REVISED CONTRACT AMOUNT AND TIME $654,205.99 150.5 The amount of the contract will be increased by the sum of $3,381.01 and the contract time shall be increased by 0 calendar days. The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specked for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Change Order items. This document Will become a supplement of the contract and all provisions will apply hereto. it is understood that the Change Order shall be effective when approved by the Owner. This Change Order constitutes full, final, and complete compensation to the Contractor for all costs, expenses, overhead, profit, and any damages of every kind that the Contractor may incur in connection with the above referenced changes in the work, including any impact on the referenced work of any other work under the contract, any changes in the sequences of any work, any delay to any work, any disruption of any work, any rescheduling of any work, and any other effect on any of the work under this contract. By the execution of the Change Order, the Contractor accepts the contract price change and the contract completion date change, if any, and expressly waives any claims for any additional compensation, damages or time extensions, in connection with the above-referenced changes. RECOMMENDED: OWNER DATE: io /2o 12 DeJNqu o ec e n e A CCEPTED: (/ CONTRACTOR DATE: lO Z 5- J z zii . , Vice-President Vido Samarzich, Inc. APPROVED: OWNER DATE: Steve Conklin, Acting General Manager YORBA LINDA WATER DISTRICT CHANGE ORDER NO. 16 DATE October 23, 2012 Page I Of 1 CONTRACT NAME: Pressure Regulating Stations Upgrade CONTRACT AMT.: $654,205.99 DAYS: 150 .5 CONTRACTOR: Vido Samarzich, Inc. THIS CHANGE: $13,933.61 DAYS: 2 PROJECT NO: 2011-0 8 OWNER: Yorba Linda Water District REVISED CONTRACT AMT: $668,139.60 DAYS: 152 .5 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor and Yorba Linda Water District otherwise referred to as Owner. +INCREASE CONTRACT DESCRIPTION OF CHANGES ! OR TIME +EXTENSION / — DECREASEIN OR -REDUCTION CONTRACT (DAYS) AMOUNT ($) TIMBER RIDGE PRS-Remove existing faulty 12" valve and approx. 24' of 12" DIP & 12" $133933.61 2 C-900 and replace with (1)-12" 250 PSI BV and approx. 24' of 12" DIP on Fairmont Dr. Work includes traffic control/ Iayoutt saw-cut /remove A/C and dirU remove valve and pipe/ de-watering/ install new valves and pipe/ sand and slurry backfill/ steel plates/ shoring and dump fees. NET CHANGE $135933.61 2 REVISED CONTRACT AMOUNT AND TIME $6681139.60 152.5 The amount of the contract will be increased by the sum of $13,933.61 and the contract time shall be increased by 2 calendar days. The undersigned Contractor approves the foregoing Change Order as to the changes, N any, in the contract price specked for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner. This Change Order constitutes full, final, and complete compensation to the Contractor for all costs, expenses, overhead, profit, and any damages of every kind that the Contractor may incur in connection with the above referenced changes in the work, including any impact on the referenced work of any other work under the contract, any changes in the sequences of any work, any delay to any work, any disruption of any work, any rescheduling of any work, and any other effect on any of the work under this contract. By the execution of the Change Order, the Contractor accepts the contract price change and the contract completion date change, lt any, and expressly waives any claims for any additional compensation, damages or time extensions, in connection with the above-referenced changes. RECOMMENDED: � OWNER DATE: j912Z 17pl7, Derek N 1ec a g r ACCEPTED: I CONTRACTOR DATE: � �-- ido Samarrsi Vices sident Vido Samarzich, Inc. APPROVED: OWNER DATE: Steve Conklin, Acting General Manager YORBA LINDA WATER DISTRICT CHANGE ORDER NO. 17 DATE October 23, 2012 Page 1 Of 1 CONTRACT NAME: Pressure Regulating Stations Upgrade CONTRACT AMT.: $668,139.60 DAYS: 152 .5 CONTRACTOR: Vido Samarzich, Inc. THIS CHANGE: $1,564.08 DAYS: 0 PROJECT NO: 2011-08 OWNER: Yorba Linda Water District REVISED CONTRACT AMT: $669,703.68 DAYS: 152 5 This Change Order covers changes to the subject contract as described herein, The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor and Yorba Linda Water District otherwise referred to as Owner. +INCREASE CONTRACT DESCRIPTION OF CHANGES / OR TIME +EXTENSION ! — DECREASE IN OR -REDUCTION CONTRACT (DAYS) AMOUNT M TIMBER RIDGE PRS-additional electrical material and labor required for field $1,664.08 0 directed changes per District-work not shown on plans NET CHANGE $1,564.08 0 REVISED CONTRACT AMOUNT AND TIME $6699703.68 152.5 The amount of the contract will be increased by the sum of $19564.08 and the contract time shall be increased by 0 calendar days. The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner. This Change Order constitutes full, final, and complete compensation to the Contractor for all costs, expenses, overhead, profit, and any damages of every kind that the Contractor may Incur in connection with the above referenced changes in the work, including any impact on the referenced work of any other work under the contract, any changes in the sequences of any work, any delay to any work, any disruption of any work, any rescheduling of any work, and any other effect on any of the work under this contract. By the execution of the Change Order, the Contractor accepts the contract price change and the contract completion date change, if any, and expressly waives any claims for any additional compensation, damages or time extensions, in connection with the above-referenced changes. RECOMMENDED: OWNER DATE: Derek Ng t , n qOr ACCEPTED: / CONTRACTOR DATE: // i / L 'Vido Sarn f , Vic resident Vido Samarzich, Inc. APPROVED: OWNER DATE: Steve Conklin, Acting General Manager YORBA LINDA WATER DISTRICT CHANGE ORDER NO, 18-revised DATE November 26, 2012 Page 1 Of 1 CONTRACT NAME: Pressure Regulating Stations Upgrade CONTRACT AMT.: $669,703.68 DAYS: 152 .5 CONTRACTOR: Vido Samarzich, Inc. THIS CHANGE: $2,814.51 DAYS: 1 PROJECT NO: 2011 -08 OWNER: Yorba Linda Water District REVISED CONTRACT AMT: $672,518.19 DAYS: 153 .5 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor and Yorba Linda Water District otherwise referred to as Owner. +INCREASE CONTRACT DESCRIPTION OF CHANGES / OR TIME +EXTENSION / — DECREASE IN OR -REDUCTION CONTRACT (DAYS) AMOUNT ($) TIMBER RIDGE PRSadd labodequip/material required to complete 12" BV and pipe $29814.51 1 replacement work and add work required for the 12" tie-in on Fairmont Blvd. Add tie-in work was related to our excavation being flooded out due to District issues with shutting down the main and the add replacement work was due to installing an add. 12" 300 lb x 150 lb FL X FL spool and SS bolt set NET CHANGE $2,814.51 1 REVISED CONTRACT AMOUNT AND TIME $672,518.19 153.5 The amount of the contract will be increased by the sum of $2,614.51 and the contract time shall be increased by 1 calendar days. The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each Rem including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner. This Change Order constitutes full, final, and complete compensation to the Contractor for all costs, expenses, overhead, profit, and any damages of every kind that the Contractor may incur in connection with the above referenced changes in the work, including any impact on the referenced work of any other work under the contract, any changes in the sequences of any work, any delay to any work, any disruption of any work, any rescheduling of any work, and any other effect on any of the work under this contract. By the execution of the Change Order, the Contractor accepts the contract price change and the contract completion date change, if any, and expressly waives any claims for any additional compensation, damages or time extensions, in connection with the above-referenced changes. / RECOMMENDED: OWNER DATE: jI/Zzbo/ Z' Derek Ng t P/oj "� r ACCEPTED: f/ CONTRACTOR DATE: // 2- 6 i o Sama j h, Vice.President Vido Samarzich, Inc. APPROVED: OWNER DATE: Steve Conklin, Acttng General Manager ITEM NO. 7.6 AGENDA REPORT Meeting Date: December 20, 2012 Budgeted: Yes Total Budget: $6,500 To: Board of Directors Cost Estimate: $6,150 Funding Source: Water Capital Reserves From: Steve Conklin, Acting General Account No: 101-2700 Manager Job No: J2008-17B Presented By: Steve Conklin, Acting General Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Joe Polimino, Project Engineer CEQA Compliance: N/A Subject: Purchase of EADOC Project Management Subscription for the Yorba Linda Blvd Pump Station Project SUMMARY: The purchase of EADOC Project Management System is recommended to aid in the tracking and review of Construction Management documents, to increase communication among all parties and to minimize potential change orders for the Project. EADOCs was used for the recently completed Highland Booster Station construction project and was found to be a valuable and effective tool for construction management. STAFF RECOMMENDATION: That the Board of Directors approve the purchase of EADOC Project Management Services for the Yorba Linda Blvd Pump Station Project in the amount of $6,150. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this matter at its meeting on December 13, 2012 and supports staff recommendation. DISCUSSION: EADOC is an online service that allows sharing, transferring, and managing information electronically for larger projects. It was developed specifically to aid in construction management document-control, where it is a challenge to manage project information and communication, with large amounts of shop drawings and other documentation mailed or e-mailed between the owner, contractor and other project team members and suppliers. EADOC provides a means to eliminate numerous paper copies of submittals, pay estimates, requests-for-information, and change orders. The service also focuses on electronic communication and information exchange across the entire project team, which provides benefits of integrating the team with a single application. This allows both owner and contractor to get in contact and communicate much faster when problems arise and ultimately provide quick solutions to project problems by increasing communications, usually resulting in less change orders. At the conclusion of the project, EADOC provides all of the electronic project files to the District on CDs for permanent archive. District staff had the option of procuring EADOC services through the pump station contract via the contractor at a cost of $11,500 or procuring directly at a cost of $6,150. If staff procured this subscription through the contractor, it costs more since EADOC would charge to create a new account and go through the contractor's procurement process. Therefore, staff is recommending that the EADOC services be procured directly by the District at a substantial savings. This service was used for the construction of the new Highland Pump Station Project, and it proved to be very useful and successful with document management and fast communications between the owner, contractor, and design engineer. By extending the subscription with the District (using the existing account used for the Highland Pump Station Project), the cost is $6,150 including a 10% discount by EADOC since the District is a repeat client. ATTACHMENTS: Name: Description: Type: Yorba Linda Blvd Pump Station EADOC Proposal.pdf EADOC Proposal Invoice for YL Blvd. Pump Station Backup Material Approved by the Board of Directors of the Yorba Linda Water District 12/20/2012 RC/RK 5-0 EADOC Customer Proposal EADOC LLC 436 14th st suite 150 Oakland,,eadoc CA 94612 www.ead ocs csoftwar ftware.com Customer Account Name Yorba Linda Water District Contact Name Joe Polimino Bill To 1717 E. Miraloma Ave. Phone (714)701-3104 Placentia,CA 92870 Email jpolimino @ylwd.com USA EADOC Prepared By Eric Law Quote Number 00000191 Phone 510-903-9658x704 Created Date 11/27/2012 E-mail eric.law @eadocsoftware.com Expiration Date 2/25/2013 Project Name Yorba Linda Water District New Pump Station Project Details Project Value $5,000,000.00 Project Start Date 12/3/2012 Subscription Yearly Contract 12 Payment Duration(months) Product . . EADOC Annual Subscription $4,950.00 1.00 $4,950.00 EADOC Flex Team Training(2hr) $600.00 2.00 $1,200.00 Subtotal $6,150.00 Discount 0.00% Grand Total $6,150.00 Proposal Terms 1. Proposal.This Customer Proposal(the"Proposal")contains estimated Project parameters provided by EADOC to Customer based on required hosted Construction Management Software Services. 2. Modification and Price Adjustments.Service pricing is based upon engineer's estimate for the Project and estimated duration of the Project. If the actual cost of the Customer's construction is 10%higher than the original estimate, EADOC reserves the right to adjust the subscription price. 3. Service Agreement.By approving this Proposal,Customer acknowledges that the Parties shall fully execute and agree to the Terms of the EADOC LLC Master Services Agreement(the"Services Agreement")prior to the commencement of Services.Customer further acknowledges that the Estimates contained herein will be incorporated by reference into the Agreement as though they were part of the same. In the event of any conflict between this Proposal and the Services Agreement,the terms of the Services Agreement shall prevail. 4. Service Levels.Service Levels,including System Availability, Response Time,Support Resolution Time,Customer Notification and Credits procedures shall be contained in a Service Level Agreement(the"SLA"),as amended from time to time,attached to the Agreement as Exhibit A shall be incorporated by reference(alternatively available at http://www.eadocsoftware.com/pdf/EADOC_Service_Level_Agreement.pdf). EADOC Customer Proposal EADOC LLC 436 14th st suite 150 c Oakland, ftwar www.ead ocs csoftware.com 5. Term. 1. An approved Proposal is valid for a project start date of+/-three(3)months from the estimated start date listed. 2. If the Project is delayed more than three(3)months or canceled this Proposal is void unless EADOC extends the terms in writing. 3. This Proposal is valid for ninety(90)days from date of issue. Approval Date: -2012 Date: 2012 Signed: CUSTOMER Signed: ("Customer") EADOC ("Service Provider") Name: Name: Eric Law Title: Title: Founder/CEO ITEM NO. 7.7 AGENDA REPORT Meeting Date: December 20, 2012 Budgeted: Yes Total Budget: $50,000 To: Board of Directors Cost Estimate: $26,020.12 Funding Source: Water Capital Reserves From: Steve Conklin, Acting General Manager Presented By: Lee Cory, Operations Manager Dept: Operations Reviewed by Legal: N/A Prepared By: Harold Hulbert, Operations CEQA Compliance: N/A Assistant Subject: Purchase of 2013 Ford F350 Truck SUMMARY: It is District policy to submit vehicle and major equipment purchases to the Board of Directors for approval. District purchasing policy also dictates the means and methods for procurement of vehicles and equipment of this value. The District's procedures have been followed in obtaining proposals for the subject truck. STAFF RECOMMENDATION: That the Board of Directors approve the purchase of the Ford F350 Cab & Chassis from Elk Grove Ford in the amount of$26,020.12. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this matter at its meeting held December 13, 2012 and supports staff's recommendation. DISCUSSION: In the 2012-13 Budget, $50,000 was approved for the purchase of a3/4-ton Truck to replace Unit 144, a 2000 Chevy 350OHD Truck. Due to the work-specific equipping of the subject vehicle the purchase is broken into several components. While the purchasing policy states we only need to get quotes for the various parts, we are providing to the Board an estimated cost break down of all the various parts. The only item the Board will be directly approving is the cost for the Cab & Chassis, in accordance with the District's Purchasing Policy. The following is a list of the various components and the estimate cost for purchase of each of those to build the truck. 1 . Cab & Chassis: $ 26,020 2. Service Body: $ 16,124 3. Hose Reel: $ 474 4. Air Compressor: $ 1,075 5. Light Bar: $ 1,022 6. Generator: $ 1,098 Total Build: $ 45,814 Currently staff has received pricing/quotes on all of the above items, indicating that this vehicle should come in under the budgeted amount. Staff has written the specification for the Cab & Chassis which is attached to this report. Staff has received quotes from five vendors for the cab and chassis: 1 . Elk Grove Ford $ 26,020.12 2. Villa Ford: $ 26,125.31 3. Fairway Ford: $ 26,499.58 4. Carmenita Truck Center: $ 26,725.94 5. Enterprise Fleet MGMT: $ 27,530.08 PRIOR RELEVANT BOARD ACTION(S): The Board approved the 2012-2013 budget which included $50,000.00 in the Vehicle & Capital Outlay section for purchase of a 3/4 Ton truck Replacement. ATTACHMENTS: Name: Description: Type: 2013 Ford F350 Truck Spec.pdf Backup Material Backup Material Approved by the Board of Directors of the Yorba Linda Water District 12/20/2012 RC/RK 5-0 YORBA LINDA WATER DISTRICT Request for Proposal (1) F350 Dual rear wheel Chassis Cab SPECIFICATIONS INDICATE DEVIATIONS DESCRIPTION FROM SPECS COLOR WHITE - NO REPAINTS ENGINE 6.21, GASOLINE V-8 MINIMUM EMISSIONS MUST MEET AQMD LOW EMISSIONS REQUIREMENTS FOR PUBLIC FLEET VEHICLES TRANSMISSION 6 SPEED AUTOMATIC CAB TO AXLE 60 INCH WHEELBASE 141 INCH BRAKES 4 WHEEL DISC SEATS VINYL 40/MINI CONSOLE/40 REAR AXLE 3.73 RATIO G.V.W.R, 13,300 LBS, DUAL REAR WHEEL ADDITIONAL EQUIPMENT 1, AIR CONDITIONING 2, 17 INCH STEEL WHEELS 3, AM/FM RADIO 4, VINYL FLOOR COVERING 5. MOLDED BLACK CAB STEPS 6, POWER MIRRORS 7. POWER DOOR LOCKS 8. FRONT TOW HOOKS NOTE: Must be Factory built. No aftermarket accessories or equipment will be accepted. Price will include sales tax F.O.B. Placentia Please send written quotes to Mike Kiddie 913 Richfield Road Placentia, Ca 92870 Phone (714) 701 -3155 Fax (714) 701 -3128 Email mkiddie @ylwd.com ITEM NO. 8.1 AGENDA REPORT Meeting Date: December 20, 2012 Budgeted: Yes Total Budget: $2,300,000 To: Board of Directors Cost Estimate: $3,817 annual cost Funding Source: Water Capital Reserves From: Steve Conklin, Acting General Account No: 101-2700 Manager Job No: J2009-22#21 Presented By: Steve Conklin, Acting General Dept: Engineering Manager Reviewed by Legal: Yes Prepared By: Steve Conklin, Acting General CEQA Compliance: Pending Manager Subject: Lease Agreement for Well 21 Site SUMMARY: A lease agreement has been negotiated with OCWD for YLWD to construct and operate Well No. 21 on OCWD property at Warner Basin, near La Palma and Van Buren. The agreement is scheduled to be approved by the OCWD Board on December 19, 2012. Assuming that occurs, staff recommends approval by the YLWD Board on December 20, 2012. STAFF RECOMMENDATION: That the Board of Directors authorize approval and execution of the "Lease Agreement, Yorba Linda Water District, Warner Basin Complex, Well No. 21", between the Orange County Water District and Yorba Linda Water District, for a 50-year period. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this at its December 13, 2012 meeting and supports staff's recommendation. DISCUSSION: Over the last year, District and OCWD staff have been meeting and discussing various potential well sites along the northerly side of OCWD's Warner Basin and Conrock Basin. A site was identified at the northeast corner of Conrock Basin that was evaluated and found to be acceptable to both parties, as shown on the attached Location Map. Additional details regarding the well site and appurtenant facilities are shown on the attached Exhibit A photo map. Proposed terms and conditions for the lease agreement were negotiated between District and OCWD staff, and were reviewed by legal counsel of the two agencies. The proposed lease agreement was then taken to the OCWD Property Management Committee on November 30, 2012, which recommended approval by the OCWD Board on December 19, 2012. If the lease agreement is recommended for approval by YLWD's PEO Committee and approved by OCWD's Board on December 19, staff will have it agendized for consideration by the YLWD Board on December 20, 2012. A copy of the proposed lease agreement is attached for review. Key items in the agreement are summarized as follows: • The District will construct the well and appurtenant facilities at its expense. • The District will periodically use an area in and around the well site during construction and later for maintenance as necessary, which will otherwise be available to OCWD and others when not in use by the District. • The District will access the well site from La Palma Avenue using the existing paved driveway entrance. • The proposed lease will be for fifty (50) years. Lease compensation is $3,817 per year, adjusted annually by 3% each year. OCWD may terminate the lease at any time for any reason; however, if the lease is terminated by OCWD during the first 20 years, OCWD will reimburse the District the depreciated cost of the well site improvements, or, as an alternative to reimbursement, develop similar facilities on other OCWD property. STRATEGIC PLAN: SR 3-A: Complete Implementation of Five Year Capital Improvement Plan from FY 2011-2015 with adopted amendments ATTACHMENTS: Name. Description: Type: Location Map W-21r11.pdf Well Location Map Backup Material Well 21 Facilities Mapf1l.pdf Well Facilities Map Backup Material Prop YLWD Lease Aomtrll.odf Draft Lease Agreement Backup Material Approved by the Board of Directors of the Yorba Linda Water District 12/20/2012 RUMB 5-0 Approved as revised. • ��_ �{�"� ..r rte.: �• + ty � Proposed __ ��I w• t• fy ` r �� �;i; Conrock - . Basin ue-_ Warner Basin _- Little Warner �' +►. 4w @w V I _n n 3 Z V N n_ r x :V n_ r e m. L y / J J it i n n / V 111-*4 'S 7 G 1 r IN o y, '• i A A ►i� fir` S. A �Et • • -__ DATE " YORBA LINDA WATER DISTRICT EXHIBIT "A" WELL - 21 AERIAL VIEW I �I r 1 k PROJECT NO. J-0922 SHEET 1-1 LEASE AGREEMENT (YORBA LINDA WATER DISTRICT) (Warner Basin Complex—Well No. 21) This LEASE AGREEMENT ("Lease") is made and entered into as of , 2012 by and between the ORANGE COUNTY WATER DISTRICT, a political subdivision of the State of California organized under Chapter 924 of the Statutes of 1933, as amended ("OCWD"), and the Yorba Linda Water District, a special governmental district of the State of California("Lessee"). PART I FUNDAMENTAL LEASE TERMS 1.1 Lease: For and in consideration of the payment of rentals and the performance by Lessee of each and every term, covenant and condition of this Lease, OCWD hereby leases to Lessee, and Lessee leases and hires from OCWD, the following real property owned by OCWD, for the use, purpose or activity specified in Paragraph 1.1.2 and 1.1.3: 1.1.1 Leased Property: Located at 4060 E. La Palma Avenue, Anaheim, California, and more particularly described in Exhibit "A" and depicted in Exhibit "B," both exhibits attached hereto and incorporated herein by this reference ("Premises"). The Premises is defined as the Well Site Area, Appurtenant Premises (1), Appurtenant Premises (2), and Construction and Maintenance Area. 1.1.2 Use of Leased Premises: For and during the term of this Lease, and any extension or renewal of it, Lessee shall use the Premises solely and exclusively for the following purpose(s) or activity(ies): to install, construct, reconstruct, redevelop, inspect, maintain, operate, and improve one production water well (the "Well"), pipeline and appurtenant facilities (collectively hereafter, "Well Site") including egress from and ingress to the Well Site over OCWD's paved and unpaved access road at Warner Basin ("Access Road"), as shown on Exhibit "C", attached hereto and incorporated herein. 1.1.3 Use Limitation for Premises. As further defined, "Well Site Area" shall be used exclusively by Lessee as the location of the Well, well enclosure, and appurtenant piping and other facilities, on a reinforced concrete slab. The "Construction and Maintenance Area" shall be used exclusively by Lessee during construction of the Well and later during construction of the wellhead facilities and appurtenant facilities connected thereto. Periodically, thereafter, Lessee may use the Construction and Maintenance Area for maintenance and upkeep of the Well. When not otherwise in use by Lessee, the Construction and Maintenance Area will be available for use by OCWD, and Lessee understands and acknowledges that it will not have the quiet enjoyment and use of the Construction and Maintenance Area at such times. The "Appurtenant Premises (1)" and "Appurtenant Premises (2)" (collectively, the "Appurtenant Premises") shall be used exclusively by Lessee during time of construction of pipelines and appurtenances. After completion of construction, OCWD shall have the right to use the surface of the Appurtenant Premises, subject to the condition that, if and when maintenance or repair of pipelines and appurtenances is required, Lessee may require exclusive use of all or portions of Appurtenant Premises during the time of repair or maintenance. 1.2 Term: This Lease shall commence on December 31, 2012 ("Commencement Date") and, subject to Part II below, shall continue to and terminate at 11:59 p.m. local time on December 31, 2062 ("Expiration Date"), fifty (50) years after commencement. If so agreed by both Parties, lease may be extended for a time period and at a cost as agreed to by both Parties. This Lease is subject to early termination in accordance with Section 2.10 and Paragraph 2.10.1 of this Lease, and the immediately following paragraph of this Paragraph 1.2. This Lease and the Lessee's rights hereunder may not be extended beyond the Expiration Date unless such extension is set forth in writing and signed by both OCWD and the Lessee. Notwithstanding any other provision of this Lease, OCWD or Lessee shall have the right for any reason, at any time, with or without cause, to terminate this Lease prior to the Expiration Date, by giving the other party a twelve (12) month written notice of termination at the address provided herein. Should OCWD determine that the Premises are needed by OCWD for any reason, and terminates this Lease, by written notice delivered to Lessee at the address in Section 2.11 Paragraph 2.11.1 during the first 20 years of this Lease, OCWD shall reimburse Lessee for the initial construction cost incurred by Lessee for the construction of the Well Site. The reimbursement shall be on a straight line depreciation basis (the "Depreciated Cost"), calculated over the initial 20 year term from the Commencement Date of this Lease. As an alternative to reimbursement, OCWD may develop similar facilities on other OCWD land for the benefit of Lessee, subject to Lessee approval of said facility development. BY PLACING ITS INITIALS HERE, LESSEE ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTAND THE PROVISIONS OF THIS LEASE FOR TERMINATION WITH OR WITHOUT CAUSE AS SET FORTH IN SECTION 1.2 HEREINABOVE. Lessee: 1.3 Lease Consideration: As partial consideration for the Lease of the Premises, Lessee shall pay to OCWD the sum of three thousand, eight hundred seventeen dollars and no cents ($3,817.00) per year (the "Rental Payment") subject to annual adjustment, in accordance with Exhibit "D" of this Lease. The Rental Payment shall be due as one lump sum on the Commencement Date of this Lease and annually thereafter on the anniversary of the Commencement Date. -2- 1.4 Notices and Payments: All payments, notices and other writings required to be delivered under this Lease to either party shall be delivered in accordance with the provisions of Part II (General Lease Provisions), to OCWD and to Lessee at the address set forth in Section 2.11 Paragraph 2.11.1. 1.5 Attachments: This Lease incorporates by reference the following Attachments to this Lease: Part 1: Fundamental Lease Term Part II: General Lease Provisions Part III: Special Lease Provisions Exhibit A: Legal Description Premises (4 pages) Exhibit B: Plat of Legal Description, Construction and Maintenance Area, and Appurtenant Premises (1) and(2) Exhibit C: Plat of Warner Basin Access Road Exhibit D: Annual Rent Schedule 1.6 Integration: This Lease represents the entire understanding of OCWD and Lessee as to the Lease and all other matters contained herein. No prior oral or written understanding shall be of any force or effect with regard to those matters covered by this Lease. This Lease supersedes and cancels any and all previous negotiations, arrangements, agreements or understandings, if any, between the parties, and none shall be used to interpret this Lease. IN WITNESS WHEREOF, the parties have executed and entered into this Lease as of the date first set forth above. ORANGE COUNTY WATER DISTRICT, a YORBA LINDA WATER DISTRICT, a political subdivision of the State of California special governmental district of the state of organized under Chapter 924 of the Statutes of 1933, California as amended By: Phil Hawkins, President By: Claudia C. Alvarez, President By: Steve Conklin, P.E. By: Acting General Manager Michael R. Markus, P. E. General Manager APPROVED AS TO FORM: KIDMAN LAW, LLP APPROVED AS TO FORM: RUTAN & TUCKER, LLP. By: By: Arthur G. Kidman General Counsel, General Counsel Orange County Water District -3- Lessee Information: Address for Notices: Yorba Linda Water District Attention: General Manager 1717 E. Miraloma Ave. Placentia, CA 92870 Telephone Number: (714) 701-3102 Fax Number: (714) 701-3028 Lease Agreement Well No.21 (Nov.21,2012) -4- PART II GENERAL LEASE PROVISIONS 2.1 Lease Rental Payments 2.1.1 Transmittal of Payments: Lessee shall make all Rental Payments, and pay all other sums due under this Lease, in lawful money of the United States, by check, payable to "ORANGE COUNTY WATER DISTRICT," and shall personally deliver or mail all Rental Payments without any notice or demand to OCWD at the address set forth in Paragraph 2.11.1 below. Lessee assumes all risk of loss or late payment if any payment is made by mail. 2.1.2 No Offsets: All Rental Payments and other sums due under this Lease shall be paid without offset or deduction, and shall be deemed payments on account. Neither the payment by Lessee nor the acceptance by OCWD of any Rental Payment or other sum in an amount which is less than the amount due and payable pursuant to this Lease, nor the issuance of a monthly statement showing as due and payable an amount less than is properly due and payable pursuant to the terms of this Lease, shall constitute an agreement by OCWD modifying this Lease or a waiver of OCWD's right to receive all Rental Payments and other sums provided for in this Lease. No endorsement or statement on any check or any letter accompanying any check or payment shall be deemed an accord or satisfaction, and OCWD shall accept all checks and payments from Lessee without prejudice to OCWD's right to recover the balance of the amount due or to pursue any other remedy in this Lease or otherwise provided by law. 2.1.3 Holding Over: If Lessee remains in possession of the Premises after the expiration of the Lease term or any authorized extension or renewal thereof with the consent of OCWD (either express or implied) and without executing a new Lease, then such holding over shall not be considered a renewal of this Lease, but rather shall be construed as a tenancy from month to month, subject to all conditions, provisions, and obligations of this Lease insofar as the same are applicable to a month-to-month tenancy; provided, however, that Lessee shall pay as rent to OCWD, for each month that Lessee holds over, an amount equal to two hundred percent (200%) of the Rental Payment as set forth in Section 1.3 and adjusted in accordance with Part III. Notwithstanding the foregoing, nothing contained in this Lease shall be deemed consent by OCWD to occupancy or possession of the Premises by Lessee after the expiration or termination of this Lease. 2.1.4 Pfefation: in the event that Lessee's obligation to make Ren4a! Payments tefminates on some date othef than the last day of a ealendar- menth, the last menth!s -5- r-ent shall be pr-er-ated based upon a thii4y (30) day menth to fefleet the actual pefied 2.2 Cha -v f r Late v„ ,,..,en . if any L etAa eat of any ethe OCWD is not r-eeeived by OCWD within ten (10) days aftef the due da4e, Lessee shall be deemed delin"ent in its paymefi4 and a We ehar-ge of one and one half per-eent 0 "e and payable to OGWD. An additional ehar-ge of efie and one half per-eefit (1.50%) of stleh menth (or-poftion thereof)that the delift"eat s ±npaid. in this r-egafd: 2.2.1 Lessee and OCWD hereby acknowledge and agree that such late charges do not represent and shall not be deemed to be an interest payment, but that such late charges represent a fair and reasonable estimate of the costs and expenses that OCWD will incur by reason of Lessee's late payment. 2.2.2 Acceptance by OCWD of any delinquent payment or late charge shall in no way constitute a waiver of Lessee's default with respect to such overdue and delinquent payment, or in any way impair, prevent or restrict OCWD from exercising any of its rights or remedies set forth in this Lease or otherwise provided at law. 2.3 Condition and Inspection of Premises 2.3.1 Premises Leased "As-Is": Lessee acknowledges that the Premises are being leased to Lessee on an "as-is" basis, and Lessee takes and occupies the Premises without reliance upon any representation by OCWD, or any of its officers, employees, agents or representatives, or any other person, concerning the Premises, their fitness for Lessee's intended use or any other particular purpose of use, their income producing history, potential or capabilities, their value, or any other promise, representation or inducement not expressly set forth in this Lease. 2.3.2 No Representation or Warranty Concerning Premises: Lessee acknowledges that neither OCWD, nor any of its officers, employees, agents or representatives, has made any written or oral representation, promise, or warranty, expressed or implied, concerning the Premises, their fitness for Lessee's intended use or any other purpose or use, their income producing history, potential or capabilities, their value, or any other matter not expressly set forth in this Lease. 2.3.3 Inspection by Lessee: Lessee acknowledges that Lessee has had the opportunity to and has inspected the Premises prior to the execution of this Lease, and that Lessee takes and leases the Premises in the condition in which the Premises exist as of the date of this Lease. Lessee stipulates that the Premises are in good, clean, safe -6- and leasable condition, and fit for Lessee's intended use, as of the date of this Lease and the Commencement Date. 2.4 Use of Premises 2.4.1 Conditions of Use: For and during the term of this Lease, and any extension or renewal thereof, Lessee's use of the Premises shall be subject to the following conditions, covenants and restrictions: 2.4.1.1 Except as provided in this Lease, the Premises shall be used only for the purposes specified in Paragraph 1.1.2 and 1.1.3 above, and the Premises shall not be used for any other use or purpose whatsoever, without the prior written consent�ofOCWD. 2.^z rr2]✓���-shall at all p tifnes dur-i g the cefm of this beast-and-any vandals.extension or- fenewal thereof-, maintain pfoper- and adequate peheing of the Premises in er-der- to asstffe er-der-ly use ef the Premises and to pr-event. and all impfevemen4s of any kind ther-ein in a state of good repair-. 2.4.1.4 Lessee shall not cause, permit or suffer any "hazardous material," "hazardous waste" or "hazardous chemicals" as those terms are used in CERCLA (42 U.S.C. § 9601(14)) or SARA (42 U.S.C. § 110211(e)) or any similar Federal, State, or local law, statute, ordinance, regulation or order, or otherwise determined by OCWD, to be brought upon, left, used or abandoned on the Premises. 2.4.1.5 Lessee shall not maintain, eemmit er- pemit the main4enanee e . iian of any waste or- any i+aisa-nee (as defined in Califefaia Civil Code seetion 3479) on the Premises, and Lessee shall not ose or- pest-the use of the Premises for-any unlawful pur-pose. 2.4.1.6 OCWD or its authorized representative shall have the right at all reasonable times to enter upon the Premises and inspect the general condition of the Premises to determine if Lessee is complying with the terms, conditions, requirements and provisions of this Lease. 2.4.2 U44ities and Sefviees.: Lessee shall be solely r-espensible for-obtaining all wa4ef and pewef, supplied to the Pr-efnises. All t4ilities shall be in the fiame of Lessee-, unless OGWD eleets other-wise. All utility installations shall be subjeet t f Seetion 2.7 below. -7- 2.4.3 Permits and Approvals: Lessee shall obtain any and all governmental permits, approvals, licenses or other authorizations which may be required in connection with the use of the Premises as set forth in this Lease. No approval or consent given under this Lease by OCWD shall affect or limit Lessee's obligations hereunder, nor shall any approvals or consents given by OCWD, in its capacity as a party to this Lease, be deemed to be approval as to compliance or conformance with any applicable governmental codes, laws, orders, rules or regulations. 2.5 instir-anee.: Witheiit limiting Lessee's indemnifieation ebliga4iens, Lessee shall no take possession efi, enter- or- eee"y the -Premises tmfil Lessee has obtained all of the shall main4ain all sueh insur-anee in full for-ee and effeet a4 all times during the tefm of this Lease and n or-r-enewal thereof-. insur-anee shall be plaeed with insur-er-s having euFfent A.M. Best rating of no less than A X11 or- equivalent or- as otherwise approved b OGWD. 2.5.1 Lessee shall take out and maintain the following insurance: 2.5.1.1 Workers' Compensation and Employer's Liability Insurance: Lessee shall cover or insure under the applicable laws relating to workers' compensation insurance all of its employees working on or about the Premises, in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any Acts amendatory thereof. Lessee shall provide worker's compensation insurance and employer's liability insurance with limits not less than one million dollars ($1,000,000) each occurrence, one million dollars ($1,000,000) disease policy limit, and one million dollars ($1,000,000) disease each employee. Such policy of workers compensation insurance shall contain the following separate endorsements: (a) "Insurer waives all rights of subrogation against the Orange County Water District, its officers, directors, employees, representatives and volunteers." (b) "This insurance policy shall not be suspended, voided, reduced in coverage or in limits, cancelled, limited, non-renewed or materially changed for any reason by the insurer until thirty(30) days after receipt by the Orange County Water District of a written notice of such cancellation, limitation or reduction of coverage." 2.5.1.2 Commercial General Liability Insurance providing coverage in the following minimum limits: -8- (a) Combined single limit of five million dollars ($5,000,000) per occurrence for Bodily Injury, Personal Injury or Death and Property. (b) Damage Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage (occurrence Form CG 0001). (c) If Commercial General Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the project/location (with the ISO CG 2503 or ISO CG 2504, or insurer's equivalent endorsement provided to OCWD), or the general aggregate limit shall be twice the required occurrence limit. 2.5.1.3 Comprehensive Automobile Liability Insurance, including owned, non-owned, leased, hired, and borrowed automobiles and similar vehicles, providing the following minimum limits: (a) Combined single limit of one million dollars ($1,000,000) per occurrence for Bodily Injury or Death and Property Damage. (b) Coverage shall be at least as broad as Insurance Services Office (ISO) Business and Auto Coverage (Form CA 0001) covering any auto. 2.5.2 Endorsements: The policies of liability insurance provided for in Subparagraphs 2.5.1.2 and 2.5.1.3 shall specify that this specific Lease is insured and that coverage for injury to participants resulting from Lessee's activities is not excluded, and shall be in a form satisfactory to OCWD and contain the following separate endorsements: (a) "The Orange County Water District, its officers, directors, employees, representatives and volunteers, are declared to be additional insureds on all of the above policies with respects to the operations and activities of the named insured at or from the premises of the Orange County Water District. The coverage shall contain no special limitations on the scope of protection afforded to the Orange County Water District, its officers, directors, employees, representatives and volunteers." (b) "This insurance policy shall not be suspended, voided, reduced in coverage or in limits, canceled, limited, non-renewed, or materially changed for any reason until thirty (30) days after receipt by the Orange County Water District of a written notice of such cancellation, limitation or reduction of coverage." -9- (c) "This insurance policy is primary insurance and no insurance held or owned by the designated additional insureds shall be called upon or looked to cover a loss under said policy; the Orange County Water District shall not be liable for the payment of premiums or assessments on this policy." (d) "Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Orange County Water District, its officers, directors, employees, representatives, or volunteers." (e) "This insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability." 2.5.3 Evidence of Coverage: Lessee shall at the time of the execution of the Lease present to OCWD the original policies of insurance required by this Section 2.5 or a certificate of the insurance, with separate endorsements (Insurance Services Office Form CG 2026, or equivalent), showing the issuance of such insurance and the additional insured and other provisions and endorsements required herein and copies of all endorsements signed by the insurer's representative. All policies shall contain the Lessee's name and location of the Premises on the certificate. At least thirty (30) days prior to the expiration of any such policy, a signed complete certificate of insurance, with all endorsements provided herein, showing that such insurance coverage has been renewed or extended, shall be filed with OCWD. Lessee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2.5.4 Review of Coverage: OCWD shall have the right at any time to review the coverage, form, and limits of insurance required under this Lease. If, in the sole and absolute discretion of OCWD, the insurance provisions in this Lease do not provide adequate protection for OCWD, OCWD shall have the right to require Lessee to obtain insurance sufficient in coverage, form, and limits to provide adequate protection and Lessee shall promptly comply with any such requirement. OCWD's requirements shall not be unreasonable, but shall be adequate in the sole opinion of OCWD to protect against the kind and extent of risks which may exist at the time a change of insurance is required, or thereafter. 2.5.5 Deductibles: Any and all deductibles must be declared and approved by OCWD prior to execution of this Lease. 2.5.6 Lease Contingent Upon Coverage: Notwithstanding any other provision of this Lease, this Lease shall be null and void at all times when the above-referenced -10- original policies of insurance or Certificate of Insurance or Renewal Certificates or Endorsements are not on file with OCWD. 2.6 Indemnification 2.6.1 OCWD not Liable: OCWD shall not be liable at any time for any loss, damage or injury whatsoever to the person or property of any person or entity whatsoever, including but not limited to any employee, agent or contractor of Lessee, resulting from or arising out of any act or omission of Lessee or of any person or entity holding under Lessee, or the occupancy or use of the Premises or any part thereof by or under Lessee, or any act or omission in the exercise of any right or the performance of any obligation under this Lease, or directly or indirectly from any state or condition of the Premises, or any part thereof. 2.6.2 Indemnification: Irrespective of any insurance carried by Lessee for the benefit of OCWD, and notwithstanding any other provision of this Lease to the contrary, Lessee shall indemnify and hold OCWD, its officers, directors, employees, representatives and volunteers harmless from and against any and all actions, claims, demands,judgments, attorneys' fees, costs, damages to persons or property, penalties, obligations, expenses or liabilities of any kind that may be asserted or claimed by any person or entity (including, but not limited to, any employee, agent, contractor, customer, or invitee of Lessee) in any way arising out of or in connection with this Lease, the operations carried on by Lessee on the Premises or any lands to which Lessee has access hereunder, or the occupation or use of the Premises by Lessee or any person or entity holding under Lessee (collectively, "Claims"), whether or not there is concurrent active or passive negligence on the part of OCWD, and/or acts for which the OCWD would be held strictly liable, but excluding Claims caused by the sole active negligence and willful misconduct of OCWD. In connection therewith: 2.6.2.1 Lessee shall defend and hold OCWD, its officers, employees, agents, representatives and volunteers, harmless from any and all Claims, whether caused in whole or in part by OCWD's active or passive negligence, and/or acts for which OCWD would be held strictly liable, but excluding any Claim that results from the sole active negligence or willful misconduct of OCWD, its officers, employees, agents, or representatives; and Lessee shall pay all expenses and costs, including attorneys' fees, incurred in connection therewith. 2.6.2.2 Lessee shall promptly pay any judgment rendered against Lessee or OCWD covering any Claim, and hold and save OCWD harmless therefrom, whether such Claim was caused in whole or in part by OCWD's active or -11- passive negligence, and/or acts for which OCWD would be held strictly liable, but excluding the sole active negligence and willful misconduct of OCWD. 2.6.2.3 In the event OCWD is made a party to any action or proceeding filed or prosecuted for or arising out of or in connection with any Claim, Lessee shall pay to OCWD any and all costs and expenses incurred by OCWD in any such action or proceeding, together with reasonable attorneys' fees. 2.6.2.4 All of the indemnity obligations of Lessee under this Paragraph 2.6.2, or as otherwise set forth in this Lease, shall survive the expiration or earlier termination of this Lease. 2.7 Improvements 2.7.1 Prior Consent for Improvements: Lessee shall not make any alteration of or improvement to the Premises without the prior written approval of OCWD'S General Manager or designee. 2.7.1.1 In the event that Lessee desires to make any alteration, improvement, addition or utility installation in or about the Premises, Lessee shall present such request in writing to OCWD, together with detailed plans of the proposed alteration or improvement; and Lessee shall not commence such alteration or improvement unless and until OCWD'S General Manager or designee has granted approval thereto in writing. 2.7.1.2 In the event that OCWD'S General Manager or designee grants written approval to any requested alteration of or improvement to the Premises, such approval shall be deemed conditioned upon Lessee acquiring all governmental licenses, approvals and permits required therefore, and such alteration or improvement shall be constructed in strict conformance with the plans approved therefore by OCWD'S General Manager or designee. Once approved by OCWD'S General Manager or designee, no changes or alterations shall be made to the plans without the prior written approval by OCWD'S General Manager or designee. 2.7.1.3 hq the event that nrWD'S General-Manag designee gram w itten—appi^ovc^cite--anyTe"ested alteration of improvement to the- 2..7.2 Oymersh"' of Tmpfeyements. All buildings, yementrs, ixtur-es--c"tt3tY > pei4able biiildings, vehieles and antennas), eensti-deted or- plaeed within the Premises by Lessee, ineluding W4 not limited -12- shall,eleetr4eal and other- utilities, listed or- not, , buildings,installation or-plaeement within the Premises, be fFee and elear-of all liens, elaims ana liability for- parment for- labor- and fnater-ial. Stieh > fiXttffeS Lease,shall beeofne and remain the pr-epefty of OCWD a4 the expifa4ien of this Lease buildings,OCWD r-etains the right, in its sole and absoltAe disefetion, and by wfit4en nefiee to Lessee, to r-equir-e (or-, if rv"ested by Lessee, to allow) Lessee, a4 Lessee's sole e0st > Lessee, sueh r-emoval by Lessee sha4l inelude leveling the Premises, restoring an (900%) eempaefieft. 2.7.3 "As-Built" Plans and Construction Costs: As a condition to the approval of any alteration of or improvement to the Premises, OCWD shall have the right to require Lessee to prepare and furnish to OCWD, at Lessee's sole cost and expense, and within sixty (60) days following completion of such alteration or improvement, a complete set of reproducible "As-Built" plans for such alteration or improvement, and/or an itemized statement of the actual cost of the construction or installation of such alteration or improvement. 2.7.4 Compliance with Building Codes: Lessee shall comply with all Building Codes in effect at the time of construction or installation of an improvement of any kind on the Premises. The applicable Building Codes shall be those codes as adopted by the local permitting jurisdiction (i.e., city or county) in which the Premises is located. In the event that Lessee fails to conform to the Building Codes, OCWD may require immediate compliance. If Lessee fails to comply, OCWD, at its option, may make such changes to bring the improvement into compliance with the Building Codes and charge Lessee the cost of such changes plus ten percent (10%) to cover administrative costs. Lessee shall have ten (10) days from receipt of the invoice to reimburse OCWD for the cost of making such changes. 2.7.5 Lessee's Assurance of Construction Completion: Prior to commencement of construction of approved facilities, or any phase thereof, within the Premises by Lessee, Lessee shall furnish to OCWD evidence that assures OCWD that sufficient monies will be available to Lessee to complete the proposed construction in accordance with the plans approved by OCWD. The amount of money available shall be at least the total estimated construction cost. Such evidence may take one of the following forms: -13- (a) Completion bond issued to OCWD as oblige, and issued by a surety acceptable to OCWD. (b) Performance bond and labor and material bond (or performance bond containing the provisions of the labor and material bond), issued by a surety acceptable to OCWD and supplied by Lessee's contractor or contractors, provided said bond(s) are issued jointly to Lessee and OCWD as obligees. (c) Irrevocable letter of credit issued to OCWD from a financial institution acceptable to OCWD to remain in effect until OCWD acknowledges, in writing, satisfactory completion of construction. (d) Cash. (e) Any combination of the above. 2.7.6 Mechanics Liens or Stop-Notices: Lessee shall at all times indemnify and save OCWD harmless from all claims, losses, demands, damages, costs, expenses, or liability costs for labor or materials in connection with construction, repair, alteration, or installation of structures, improvements, equipment, or facilities within the Premises, and from the cost of defending against such claims, including attorneys' fees and costs. In the event a lien or stop-notice is imposed upon the Premises as a result of such construction, repair, alteration, or installation, Lessee shall either: (a) Record a valid Release of Lien, or (b) Procure and record a bond in accordance with Section 3143 of the Civil Code, which frees the Premises from the claim of the lien or stop-notice and from any action brought to foreclose the lien. Should Lessee fail to accomplish either of the two optional actions above within fifteen (15) days after the filing of such a lien or stop-notice, this Lease shall be in default and shall be subject to immediate termination. 2.8 Maintenance and Repair of Premises 2.8.1 Lessee's Obliea4ion to Maintain Premises. Lessee shall a4 all times dttFiag the tefm of this Lease, and any extension or-renewals thereof-, at its sole eost and expeasei remove all tr-ash and debris fFem the Premises. Lessee sha4l also keep and maintain ifl good eondition and in stibstantial repair- (all to the satisfaetion of OGWD in its sole -14- its of any kind Er-@Et stalled or- made 933 or- within the Premises. Lessee shall a4 all times in the maintenanee and use of the Pr-efnises and the biiildings-, > f4eilities, > eomply with all laws-, safe, elean, wholesome, > to the sa isfaetion of fails,OCWD a-ad in eomplianee with all appheable laws. 2.9.2 Lessee's Default of its Maintenanee DtAies: in the event that Lessee negleets of r-efuses to femove tfash or-debris deposited by Lessee of its invitees oil th Pfemises or- to maifAain of make fepaifs or- feplaeements as feqtfifed by this Lease, OCWD shall notify Lessee in w-fiting of sueh failtife or-fefitsal. ShoWd Lessee fail o r-ef�se to eofFeet sueh default within ten (10) days of r-eeeipt of stteh written noti ffom OGWD, OCWD May, but shall of be req; ir-ed—te, itself or- by eenr-a pr-oetifemeat of instffanee, plus an administfa4ive fee in the amotmt of fifteen per-eefA (150%) of the sum of s�ueh eests, shall be paid by Lessee to OCWD within ten (10) maintenanee, repair- or-r-eplaeefnent by or- on behalf of OCWD shall not be deemed be a waiver- of Lessee's default under- this Lease, and shall not in any I . . . p-revent estr- et OCWD f exer-eising any of its rights r-emedies sot f4th , this Lease other-wise provided „4 law. 2.9 Legal Relations and Responsibilities 2.9.1 Nature of Relationship: OCWD and Lessee understand and agree that the only relationship between them created by this Lease is that of landlord and tenant, and that this Lease does not create, and shall not be construed to create, any agency, partnership,joint venture, or other relationship between OCWD and Lessee. 2.9.2 Compliance with Laws: Lessee shall keep itself fully informed of all existing and future state and federal laws and all county and city ordinances and regulations which in any manner affect the activities of Lessee under this Lease, or the possession or use of the Premises by Lessee, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Lessee shall at all times observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees, and shall protect and indemnify, as required herein, OCWD, its officers, directors, employees and agents against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree, whether by Lessee or any person or entity holding under Lessee. -15- 2.9.3 Assignment and R41eqse.: Lessee may not assign, eefwey, hypet-heeate, eneumber-, meftgage, or- other-wise transfer-this bease or-an),pat4 thereof-, or-s4lease or-all of the Pr-efnises, without the prior-written eonsent of OCWD, W-hie OCWD may withhold in its abselute diser-efion for-any feason, or-fof no reason a4 • Any stieh assignment or-siiblease by Lessee, whether-veltffitar-ily of by operation o law,withetA the pr4of vffit4en eonsent of OCWD shall be veid and shall, at the option of OCWD, terminate this Lease"on w6tten notiee to Lessee. A e I I , OGWD to one assignment or-one sublease shall not be deemed a eonsent to any s4sequent. assignment or—sccviEaSczrLessee is a e-or-pvor-anon, umneoipoffl ed assv^ciation 0r > the assignment, > eofweyanee or-eneumbr-anee of any stoek of interest in Lessee in the aggregate eiceeeding twenty five pefeent (25%) shall be 2.9.4 Acknowledgment of OCWD's Title: Lessee hereby acknowledges the title of OCWD in and to the Premises, including the real property fixtures and improvements existing or erected thereon, and Lessee hereby covenants and promises never to assail, contest or resist OCWD's title to the Premises. 2.9.5 Liens: Lessee shall maintain the Premises free from and clear of any claims, obligations, liabilities, liens, encumbrances and charges, including but not limited to any claims, liens or charges arising out of or in connection with the furnishing of materials or the performance of labor on the Premises. Lessee further shall protect and indemnify OCWD and the Premises from and hold them, and each of them, harmless against any and all such claims, obligations, liabilities, liens, encumbrances and charges. 2.9.6 Possessory Interest Taxation: A possessory interest subject to property taxation may be created by this Lease. It is understood and agreed that if such a possessory interest is created, Lessee shall be responsible for the payment of all property taxes levied on such interest, and that OCWD shall have no responsibility therefore. n �7 nCWD s es�tca€pe,� 2.9.7.1 OGWD hereby r-esen,es the right to gfant easemei#s and rights of way for- pole or- tower- tfan',mzismon-or eleetr4eity, and easements, leases and ghts of way for- telephone, telegraph, teleeemm-anieation f4eilifies, gas,water-, sewer-and oil lines, f r-eads and highways, and for-ether similaf uses aver- and aer-ess the Pfemises at any loeation or- leeations within the -Premises. in the event Lessee detefmines tha4 the granting or- exer-eise e any stieh easement, lease, E)r-r4gh4 of way signifieantly interferes with Lessee's on or- use of the Wemises, Lessee's enly remedy shall be to tefminate -16- this Lease "en thirty (30) days written notiee to 0GAID. Lessee shall not inter-fer-e with a-ny easements or rights of ng to or- affeeting the D, �T sale,2.9.7.2 OGWD hereby r-esef�ves the -right to sell, transfer- et: olhefwise dispose of any per-tion of the Premises at any time. in the event of stieh disposition,tf:ansfef: of: pfavision of this Lease, shall,this Lease title, teffflitiate sold,as to the pat4iefis of the Pr-efflises disposed > aiid Lessee WL,ieh ults f atn this Lease. 2.9.7.3 OCWD reserves the right unto itself to perform any and all work involved in protecting, replenishing and/or conserving the basin groundwater supply and any other work necessary to the functions or purposes of OCWD, as set forth in the Orange County Water District Act, Chapter 924 of the California Statutes of 1933, as amended, upon any portion or all of the Premises at any time. Such work may be performed without incurring any liability of any nature whatsoever to Lessee and Lessee hereby releases OCWD from, and covenants not to sue OCWD for, any such liability. OCWD further reserves unto itself the rights of ingress and egress over all or any portion of the Premises. agents,feniaifis whieh is suseeptible of eeetipatieii tffldef this Lease, this Lease shall, as to the paA of paAs so taken, teffflina4e as of the da4e title of possession shall vest in th-e eondemfior-. in the event all of the Pr 3h paFt thereof so that there does not sttseeptible of eeeupatiea under- this Lease, are taken or- aequir-ed, this Lease shall there iate. Lesser shall be entitled to a" and all eempensation awarded upon stieh eendemnation, and Lessee hereby diselaims any 2.9.9 Waiver of Claims. As a material paA of the eensider-ation to OGWD under t Lease, Lessee hereby and all elaims that it may have against OG Lessee, its eniplayees, > 2.9.10 Surrender of Possession: At the expiration or termination of this Lease, for any reason whatsoever: -17- 2.9.10.1 Lessee shall execute, acknowledge and deliver to OCWD a quitclaim deed conveying to OCWD all rights, title and interest of Lessee to the Premises, both land and improvements. 2.9.10.2 Lessee shall promptly quit and surrender the Premises in a good state of repair. 2.9.10.3 Lessee shall, at its sole cost and expense, remove all portable buildings, equipment and personal property placed on the Premises by Lessee, and clear the Premises of all debris; and the Premises shall be surrendered to OCWD in good order and clean condition. 2.9.11 Disposition of Abandoned Property: If Lessee abandons or quits the Premises or is dispossessed thereof by process of law or otherwise, title to any personal property left on the Premises for thirty (30) or more days after the notice to remove shall at OCWD's opinion, be deemed to have been abandoned and transferred to OCWD. OCWD shall have the right to remove and dispose of any and all such property without liability therefore to Lessee or to any person or entity claiming under Lessee, and OCWD shall have no duty to account for such property. Lessee agrees to reimburse OCWD for any and all costs associated with OCWD transferring or disposing of Lessee's personal property pursuant to this Paragraph. 2 Broker's r,,,,..missien:Lessee and nGWD represent that they have n engage they aware of-,nyper-sen entitled to any k€rage-cuss findef's fice or- like eo in eonneetien with this Lease. indemnify and hold OGWD liminless fFem znd again elaini-asserted-er adjudged against OCWD for- any bf-eker- - . ision, finder's fee or- Lessee, er- any of its > ; and Lessee sh reasonable-attemey s'e . 2.9.13 Disputes: In the event that any action is commenced by a party to this Lease against the other to enforce its rights or obligations arising from this Lease or seeking to interpret this Lease, the prevailing party in such action, in addition to any other relief and recovery ordered by the court, shall be entitled to recover all statutory costs, plus reasonable attorneys' fees. Should OCWD be named in any suit brought by any third party against Lessee in connection with or in any way arising out of Lessee's occupancy or use of the Premises under this Lease, Lessee shall pay to OCWD its costs and expenses incurred in such suit, including reasonable attorneys' fees. 2.9.14 Se 'bt��es: Lessee aeknowledges that the Pr-eniises are !eased to an aeeepted by Lessee in an "as is" een&ien, and tha4 the r-en4 payable from Lessee te -18- r-epr-esef4a4ion or-waffa-PAy, express or-implied, regarding the seetir-ity of the Pr-efnises gtiar-d sei=viee or-any other-seeuf4y meastir-es. Lessee expressly assumes Lessee, its agents, employees, invitees and pr-opei4y within the Pr-efnises fFofn any and all aets of a-By third 2.9.15 No Obligation to Third Parties: Execution and issuance of this Lease shall not be deemed to confer any rights upon, directly, indirectly or by way of subrogation, nor obligate either of the parties hereto to, any person or entity other than OCWD and Lessee. 2.9.16 Waiver: Any waiver by any party of a breach of any provision of this Lease shall not be deemed a continuing waiver or a waiver of any subsequent breach whether of the same or of another provision hereof. 7 n 1^7 OCAWD's Liability on rTef1i?ingion: Lessee rereby wain •,t�irges o Lease (either-with or-without eause), or-taking possession of the Premises as provided— in this Lease or- at law, and Lessee waives all elaims for- damages to or- less of sueh pr-epeAy of Lessee as may be in or- upen the Pr-emises Won the tefmination of this 2.9.18 Prior Leases: It is mutually agreed that, on and from the Commencement Date, this Lease shall terminate and supersede any prior leases or agreements between the parties hereto covering all or any portion of the Premises. 2.10 Default and Termination 2.10.1 Tenin and Prior-TeFmingien: This Lease shall eentinue for-the tefm set feft in Seetion 1.2 above,unless this Lease is tefminmed prior-to its expiration pur-stiant to this ceeti,r 2 10 Paft H-1 2.10.2 Default by Lessee: Each and every covenant and agreement contained in this Lease is declared to be a condition to this Lease, and to the term hereby demised to Lessee. Lessee shall be considered to have materially breached this Lease, giving Lessor the remedies specified in Paragraph 2.10.3 below, in the event that any one or more of the following occur: -19- (a) fails Less e� or-Teftises to pay to OCWD any poftion of the Rental �qr- fiNe (5) days after-written notiee to pay rent or- stffender-possession of the (b) Lessee defaults in the performance of or breaches any covenant, condition or provision contained in this Lease other than as set forth in Paragraph 2.10.2(a) hereinabove, and such default or breach is not cured within thirty (30) days after written notice thereof is served by OCWD on Lessee; or (e) Lessee abandens or-vaeates the We (d) Lessee becomes insolvent; for purposes of this Lease, Lessee shall be conclusively presumed to have become insolvent if- (i) A receiver is appointed to take possession of all or substantially all of Lessee's property because of insolvency; or (ii) Lessee makes a general assignment for the benefit of creditors; or (iii) Lessee allows any judgment against bessee to r-ems period unsatisfied or-un bonded for-a (iv) An attachment or execution is levied upon or against any or all of Lessee's right, title or interest in or under this Lease, and the same shall not have been released within thirty (30) days from the date thereof; or (v) Proceedings in receivership or bankruptcy have been or are about to be instituted against Lessee; or (vi) Lessee is adjudicated a bankrupt. 2.10.3 Remedies on Lessee's Default: Should Lessee breach this Lease, or should Lessee breach this Lease and abandon the Premises prior to the natural expiration of the term of this Lease, OCWD may, in addition to any other remedy given OCWD by law or in equity: (a) Continue this Lease in effect by not terminating Lessee's right to possession of the Premises, in which event OCWD shall be entitled to enforce all of OCWD's rights and remedies under this Lease, including the right to recover the rent specified in Section 1.3 above, as such rent becomes due under this Lease; or -20- (b) Terminate this Lease and Lessee's right to possession of the Premises, and recover from Lessee: (i) The worth at the time of award of the unpaid rent which had been earned at the time of termination of the Lease; and (ii) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination of the Lease until the time of award exceeds the amount of rental loss that Lessee proves could have been reasonably avoided; and (iii) The worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of rental loss that Lessee proves could be reasonably avoided; and (iv) Any other amount necessary to compensate Lessor for all detriment proximately caused by Lessee's failure to perform its obligations under the Lease; or (c) Terminate this Lease and Lessee's right to possession of the Premises, and in addition to any recoveries that Lessee may seek under Paragraph 2.10.3(b) hereinabove, bring an action to reenter and regain possession of the Premises in the manner provided by the laws of unlawful detainer of the State of California then in effect; or (d) in the event Lessee beeemes iaselven4, OCWD may, by giving tiventy (20) days nefiee te Lessee or- to the per-son appein4ed to manage Lessee's aff-air-s at the address for- sueh pefsen appearing in the affleial r-eeer-ds of the eouft that appek:Aed sueh per-sen, tefminate this lease and forfeit Lessee's interest in the Premises and y- ovemenis--or- f eilities on of apput4enant to the Premises. 2.10.4 Waiver of Breach: The waiver by OCWD of any breach of any term, covenant, or condition of this Lease shall be in writing signed by OCWD, and shall not be deemed to be a continuing waiver of such term, covenant or condition, or a waiver of any subsequent breach of the same or any other term, covenant or condition contained in this Lease. The acceptance of rent by OCWD under this Lease shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant, or condition of this Lease, other than the failure of Lessee to pay the particular rent so accepted by OCWD, regardless of OCWD's knowledge of such preceding breach at the time of acceptance of such rent. -21- 2.10.5 Cumulative Remedies: The remedies given to OCWD in Paragraphs 2.10.2 and 2.10.3 above shall not be exclusive,but shall be cumulative and in addition to any and all other remedies now or hereafter allowed by law or otherwise authorized elsewhere by this Lease; and the exercise of one or more of said rights, powers, elections or remedies shall not impair OCWD's right to exercise any other right, power, election or remedy. 2.10.6 Re-Entrv: No entry or re-entry into the Premises by OCWD shall be construed as an election to terminate this Lease, unless prior thereto or concurrently therewith written notice of intent to terminate is given by OCWD to Lessee. OCWD's entry into possession of the Premises without having elected to terminate shall not prevent OCWD from making such an election and giving Lessee notice thereof. 2.11 Miscellaneous 2.11.1 Notices: Any notice, payment or instrument required or permitted to be given or delivered by this Lease may be given or delivered by personal delivery or by depositing the same in any United States mail depository, first class postage prepaid, and addressed as follows: If to OCWD: If by mail: ORANGE COUNTY WATER DISTRICT P.O. Box 8300 Fountain Valley, CA 92728-8300 Attn: Property Management If by personal delivery: ORANGE COUNTY WATER DISTRICT 18700 Ward Street Fountain Valley, CA 92708 Attn: Property Management If to Lessee: Yorba Linda Water District Attention: General Manager 1717 E. Miraloma Ave. Placentia, CA 92870 or such other person or address as either party may direct in writing to the other; provided, however, that such new or different person or address shall not become effective until acknowledged in writing by the party to who directed. Except where service is by personal delivery or by registered or certified mail, return receipt requested, service of any instrument or writing shall be deemed completed forty-eight (48) hours after deposit in a United States mail depository. -22- 2.11.2 Warranty of AuthoritX: Each officer of OCWD and Lessee affixing his or her signature to this Lease warrants and represents by such signature that he or she has the full legal authority to bind his or her respective party to all of the terms, conditions and provisions of this Lease, that his or her respective party has the full legal right, power, capacity and authority to enter into this Lease and perform all of its provisions and obligations, and that no other approvals or consents are necessary in connection therewith. 2.11.3 Headings: The titles and headings of Parts, Sections and Paragraphs of this Lease, as herein set forth, have been inserted for the sake of convenience only, and are not to be taken, deemed or construed to be any part of the terms, covenants or conditions of this Lease, or to control, limit or modify any of the terms, covenants or conditions hereof. 2.11.4 Time of Essence: Time is of the essence of this Lease. Failure to comply with any requirement, including but not limited to any time requirement, of this Lease shall constitute a material breach of this Lease. 2.11.5 Construction and Amendment: This Lease shall be construed, interpreted, governed and enforced in all respects according to the laws of the State of California and as if drafted by both OCWD and Lessee. No amendment, change or modification of this document shall be valid unless in writing, stating that it amends, changes or modifies this Lease, and signed by all of the parties hereto. 2.11.6 Successors: Subject to the provisions of Paragraph 2.9.3 above, this Lease, and all of the terms, conditions and provisions herein, shall inure to the benefit of, and be binding upon, OCWD, Lessee, and their respective successors and assigns. 2.11.7 Partial Invalidity: If any term, covenant, condition or provision of this Lease is held by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way affect, impair, or invalidate any other term, covenant, condition or provision contained in this Lease. 2.11.8 Further Assurances: Each of the parties hereto shall execute and deliver any and all additional papers, documents and other assurances and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent of the parties hereto. 2.11.9 Pr-eeedenee.: M the event of a-By eenfliet between Pat4s of this Lease, Pai4 I shall prevail ever-PaAs 11, M and!V, Paft A' shall prevail ever-Pai4 11 and ill, and Pai4 ill shall prevail evef Paft H. -23- PART III SPECIAL LEASE PROVISIONS 3.1 Paragraph 2.1.4 (Proration) is hereby revised as follows. Section 2.2 and Paragraphs 2.2.1 and 2.2.2 are deleted from this Lease. 2.1.4 Proration: In the event that Lessee's obligation to make Rental Payments terminates on some date other than the last day of a calendar month, the last month's rent shall be prorated based upon a three hundred and sixty (360) day year to reflect the actual period of tenancy during that calendar year. 3.2 Section 2.2. (Charges for Late Payment) of this Lease is replaced with the following: 2.2 Charges for Late Payments: If any Lease Rental Payment or any other sum due OCWD is not received by OCWD within thirty (30) days after the due date, Lessee shall be deemed delinquent in its payment and a late charge of one and one- half percent (1.5%) of the delinquent amount, plus the sum of one hundred dollars ($100.00), shall become immediately due and payable to OCWD. An additional charge of one and one-half percent(1.5%) of such delinquent payment (excluding late charges) shall be added for each additional calendar month (or portion thereof) that the delinquent sum remains unpaid. In this regard: 3.3 Paragraphs 2.4.1.2, 2.4.1.3, 2.4.1.5, and 2.4.2 of this Lease are replaced with the following: 2.4.1.2 Lessee shall at all times during the term of this Lease and any extension or renewal thereof, maintain proper and adequate policing of the Well Site Area and during construction or maintenance activities maintain the Appurtenant Premises and Construction and Maintenance Area in order to assure orderly use of the Well Site Area, Appurtenant Premises and Construction and Maintenance Area and to prevent intrusion from trespassers, playing children and vandals. 2.4.1.3 Lessee shall, to the satisfaction of OCWD, maintain the Well Site Area and all improvements of any kind therein in a state of good repair, except the Lessee shall not be obligated to repair damage or other degradation caused by OCWD or other lessees/invitees of the Premises. During construction or maintenance activities, Lessee shall not damage the Appurtenant Premises and Construction and Maintenance Area and all improvements of any kind therein. If Lessee damages or causes such damage, Lessee shall promptly repair the property or improvement to OCWD's satisfaction. 2.4.1.5 Lessee shall not maintain, commit or permit the maintenance or commission of any waste or any nuisance (as defined in California Civil Code section 3479) -24- within the Well Site Area at any time. Lessee shall not maintain, commit or permit the maintenance or commission of any waste or any nuisance within the Appurtenant Premises or the Construction and Maintenance Area at any time during Lessee's construction and maintenance activities within the Appurtenant Premises and Construction and Maintenance Area. Lessee shall not use or permit the use of any portion the Premises for any unlawful purpose. 2.4.2 Utilities and Services: Lessee shall be solely responsible for obtaining all of its utility service and for the payment of all of its utility charges, including but not limited to water and power, supplied to the Premises. All utilities shall be in the name of Lessee, unless OCWD elects otherwise. All utility installations shall be subject to the provisions of Section 2.7 below. 3.4 The following provisions are added to Paragraph 2.4.1 (Conditions of Use) of this Lease: 2.4.1.7 Lessee shall erect and maintain an enclosure around the Well Site Area in a design satisfactory to OCWD'S General Manager or his designee. Prior to construction or installation of such enclosure, the plans and specifications for said enclosure must be submitted to and expressly approved by OCWD'S General Manager or his designee. 2.4.1.8 Should any damage or injury to OCWD or Corona Recreation, Inc.'s facilities occur, either through the acts of agents, servants or employees of Lessee or by any independent contractor of Lessee in the exercise of the rights granted in this Lease, Lessee agrees to immediately, upon the written demand of OCWD, restore such facilities, at Lessee's sole cost and expense, to the condition of same immediately prior to the date of the damage or injury. 2.4.1.9 If at any time OCWD determines in, its sole discretion, that the Well Site installed by Lessee, as provided herein, must be modified, improved or extended to protect OCWD's real property or facilities and OCWD's use of said real property or facilities, or in the event that said Well Site needs to be modified, improved or extended to improve or correct the functioning thereof, such modification, improvement or extension shall be made by Lessee, within a reasonable period of time, and at Lessee's sole cost and expense; provided, however, that OCWD covenants to exercise in a reasonable manner its discretion to require Lessee to modify, improve or extend the Well Site installed by Lessee and to exercise such discretion only as necessary to reasonably protect OCWD's real property or facilities or use thereof or to reasonably improve or correct the functioning of the Well Site installed by Lessee. Notwithstanding the foregoing, Lessee reserves the right to terminate this Lease with a thirty (30) days written notice to OCWD if Lessee determines the forgoing obligations are cost prohibitive. 2.4.1.10 At the expiration or termination of this Lease, Lessee shall destroy the water well on the Premises, and remove all appurtenants to the water well that are the -25- subject of this Lease, in accordance with all applicable federal, state and local laws, rules, regulations or ordinances governing the destruction of water wells, unless OCWD delivers to Lessee a written notice that OCWD, at no cost or expense to OCWD, will assume ownership and responsibility of the water well, in which case Lessee shall have no further obligation or liability for the water well. Through the deliverance of such written notice, OCWD further agrees that it will accept ownership of the well in an"as-is" condition. 2.4.1.11 Lessee shall notify OCWD of any maintenance activity that requires the use of a well development/pump rig at least thirty(30) days in advance of such maintenance activity. 2.4.1.12 Laydown areas for construction or maintenance materials shall be as approved by OCWD's General Manager or his designee but shall under no circumstances interfere with OCWD or Corona Recreation, Inc.'s use of the adjacent Warner Basin Complex. 2.4.1.13 OCWD's Lessee, Corona Recreation Inc., currently leases Warner Basin Complex from OCWD for a fishing concession. Lessee shall not interfere with this activity and shall schedule any use allowed under this Lease so as not to interfere with OCWD's Lessee's operations. 3.5 The following provisions in Section 2.5 of this Lease are replaced or added with the following: 2.5 Insurance: Without limiting Lessee's indemnification obligations, Lessee shall not take possession of, enter or occupy the Premises until Lessee has obtained all of the insurance required herein from a company or companies acceptable to OCWD, and Lessee shall maintain all such insurance in full force and effect at all times during the term of this Lease and any extension or renewal thereof. Insurance shall be placed with insurers having a current A.M. Best rating of no less than A-:VII or equivalent or as otherwise approved by OCWD. Lessee may submit a letter of Self-Insurance in lieu of a Certificate of Insurance in a form acceptable to OCWD's Risk Manager. 2.5.1.4 Environmental Impairment Liability—The Contractor shall provide and maintain coverage appropriate for the hazardous material/waste activity contemplated in this Agreement. Environmental Impairment Liability shall be maintained in an amount of$1,000,000 per claim/occurrence. If an aggregate limit applies, either the general aggregate limit shall apply separately to the project/location or the general aggregate limit shall be twice the required occurrence limit. -26- 3.6 Paragraph 2.7.1.3 and 2.7.2 of this Lease is replaced with the following: 2.7.1.3 In the event that LESSOR'S General Manager or designee grants written approval to any requested alteration of or improvement to the Premises, Lessee shall construct such alteration or improvement at Lessee's sole cost and expense. Lessee shall not commence construction unless Lessee provides LESSOR'S General Manager or designee with written notice ninety (90) days prior to the commencement of the Well Site construction or any other related construction. 2.7.2 Ownership of Improvements: All buildings, improvements, fixtures and facilities (exclusive of trade fixtures, portable buildings, vehicles and antennas), constructed or placed within the Premises by Lessee, including but not limited to electrical and other utilities, listed or not, shall, upon the completion of construction, installation or placement within the Premises, be free and clear of all liens, claims and liability for payment for labor and material. Such buildings, improvements, fixtures and facilities (exclusive of trade fixtures, motors, pumps, motor control centers and switchgear, control panels, fiber optic equipment, portable buildings, vehicles and antennas), shall become and remain the property of OCWD at the expiration of this Lease or earlier termination hereof. Upon the expiration or earlier termination of this Lease, OCWD retains the right, in its sole and absolute discretion, and by written notice to Lessee, to require (or, if requested by Lessee, to allow) Lessee, at Lessee's sole cost and expense, to remove all such buildings, improvements, fixtures and facilities located on the Premises. In the event OCWD either requires or grants permission to Lessee, such removal by Lessee shall include leveling the Premises, restoring any berms removed, removing any underground obstructions, filling any excavations, and compacting such filled excavations to ninety percent (90%) compaction. 3.7 Paragraphs 2.8.1 and 2.8.2 of this Lease are replaced with the following: 2.8.1 Lessee's Obligation to Maintain Premises: Lessee shall at all times during the term of this Lease, and any extension or renewals thereof, at its sole cost and expense, remove all trash and debris from the Well Site Area. Lessee shall also keep and maintain in good condition and in substantial repair (all to the satisfaction of OCWD in its sole discretion), the Well Site Area and all appurtenances and every part thereof, including improvements of any kind erected, installed or made on or within the Well Site Area. Lessee shall at all times in the maintenance and use of the Well Site Area and the buildings, structures, facilities, improvements and equipment thereon, comply with all laws, ordinances and regulations pertaining thereto, and all conditions and restrictions set forth herein. Lessee expressly agrees to maintain the Well Site Area in a safe, clean, wholesome, and sanitary condition and free of trash and debris, to the satisfaction of OCWD and in compliance with all applicable laws. During maintenance or construction activities, Lessee is to maintain the Appurtenant Premises and Construction and Maintenance Area in the same manner as stated for -27- the Well Site Area in this Paragraph. When no maintenance or construction activities occur, Lessor hereby waives the maintenance requirement as stated in this Paragraph. 2.8.2 Lessee's Default of its Maintenance Duties: In the event that Lessee fails, neglects or refuses to remove trash or debris deposited by Lessee or its invitees on the Premises or to maintain or make repairs or replacements as required by this Lease, OCWD shall notify Lessee in writing of such failure or refusal. Should Lessee fail or refuse to correct such default within fifteen (15) days of receipt of such written notice from OCWD, OCWD may, but shall not be required to, itself or by contract, undertake the necessary maintenance, repair or replacements; and the cost thereof, including but not limited to the cost of labor, materials and equipment and procurement of insurance, plus an administrative fee in the amount of fifteen percent (15%) of the sum of such costs, shall be paid by Lessee to OCWD within thirty (30) days of Lessee's receipt of a statement of such costs from OCWD. Any such maintenance, repair or replacement by or on behalf of OCWD shall not be deemed to be a waiver of Lessee's default under this Lease, and shall not in any way impair, prevent or restrict OCWD from exercising any of its rights or remedies set forth in this Lease or otherwise provided at law. 3.8 Paragraphs 2.9.3, 2.9.8, 2.9.9, 2.9.14, and 2.9.17 and Subparagraphs 2.9.7.1 and 2.9.7.2 of this Lease are replaced as follows; and Paragraph 2.9.12 of this Lease is deleted: 2.9.3 Assignment and Sublease: Lessee may not assign, convey, hypothecate, encumber, mortgage, or otherwise transfer this Lease or any part thereof, or sublease any portion or all of the Premises, without the prior written consent of OCWD, which OCWD may withhold in its absolute discretion for any reason, or for no reason at all. Any such assignment or sublease by Lessee, whether voluntarily or by operation of law, without the prior written consent of OCWD shall be void and shall, at the option of OCWD, terminate this Lease upon written notice to Lessee. A consent by OCWD to one assignment or one sublease shall not be deemed a consent to any subsequent assignment or sublease. OCWD's Reservations. 2.9.7.1 OCWD hereby reserves the right to grant easements and rights-of-way for pole or tower lines for transmission of electricity, and easements, leases and rights-of- way for telephone, telegraph, telecommunication facilities, gas, water, sewer and oil lines, for roads and highways, and for other similar uses over and across the Premises at any location or locations within the Premises. OCWD agrees to give Lessee written notice of such a grant after thirty (30) days of its occurrence. In the event Lessee determines that the granting or exercise of any such easement, lease, or right-of-way significantly interferes with Lessee's possession or use of the Premises, Lessee's only -28- remedy shall be to terminate this Lease upon thirty (30) days written notice to OCWD. Lessee shall not interfere with any easements or rights-of-way pertaining to or affecting the Premises, however, if Lessee terminates this lease for a reason as stated in this paragraph during the first 20 years of this Lease, Lessee shall be reimbursed the depreciated cost of the Well Site as stated in Section 1.2 of this Lease. 2.9.7.2 OCWD hereby reserves the right to sell, transfer, lease or otherwise dispose of any portion of the Premises at any time. In the event of such sale, transfer, lease or disposition, and notwithstanding any other provision of this Lease, this Lease shall, upon the close of escrow or the conveyance of title, terminate as to the portions of the Premises sold, transferred, leased or disposed of, and Lessee shall release the same from the terms of this Lease and from any encumbrance which results from this Lease. OCWD agrees to give Lessee thirty (30) days notice of the sale, transfer or disposition of the Premises, except that if such sale, transfer or disposition occurs during the first 20 years of this Lease, Lessee shall be reimbursed the depreciated cost of the Well Site as stated in Section 1.2 of this Lease. 2.9.8 Condemnation: If any portion of the Premises is taken or acquired by eminent domain or otherwise for a public or quasi-public use, and any part of the Premises remains which is susceptible of occupation under this Lease, this Lease shall, as to the part or parts so taken, terminate as of the date title or possession shall vest in the condemnor. In the event all of the Premises or such part thereof so that there does not remain a portion susceptible of occupation under this Lease, are taken or acquired, this Lease shall thereupon terminate. Lessor shall be entitled to any and all compensation awarded upon such condemnation, and Lessee hereby disclaims any right to any such compensation. If such condemnation occurs during the first twenty (20) years of this Lease, Lessee shall be reimbursed an amount equal to the amount of compensation paid by the Condemning Agency to OCWD apportioned to the Well Site, which amount shall not exceed the Depreciated Value of the Well Site, as stated in Section 1.2 of this Lease. 2.9.9 Waiver of Claims: As a material part of the consideration to OCWD under the Lease, Lessee hereby waives any and all claims that it may have against OCWD during the term of this Lease, or any extension or renewal thereof, for any damage to goods, wares and merchandise upon or about the Premises, and for any injury to Lessee, its employees, agents, invitees, or to third parties in or about the Premises, from any cause arising at any time, except for acts arising out of OCWD's sole active negligence or willful misconduct. 2.9.12 (Broker's Commission)—Deleted. 2.9.14 Security Measures: Lessee acknowledges that the Premises are leased to and accepted by Lessee in an "as-is" condition, and that the rent payable from Lessee to OCWD hereunder does not include the cost of security guard or any other security services or measures. Lessee further acknowledges that OCWD makes no -29- representation or warranty, express or implied, regarding the security of the Premises or the need for or propriety of any security measures at the Premises; and Lessee further acknowledges that OCWD shall have no obligation whatsoever to provide guard service or any other security measures. Lessee expressly assumes all responsibility for the protection and security of the Well Site Area, Lessee, its agents, employees, invites and property within the Well Site Area from any and all acts of any third party. 2.9.17 OCWD's Liability on Termination: Lessee hereby waives all damages or claims for damage that may be caused by any action of OCWD in terminating this Lease (either with or without cause), or taking possession of the Premises as provided in this Lease or at law, and Lessee waives all claims for damages to or loss of such property of Lessee as may be in or upon the Premises upon the termination of this Lease, however, if OCWD terminates this lease for any reason other than nonpayment of rent or Lessee being in default of the terms and conditions of this Lease, during the first 20 years of this Lease, Lessee shall be reimbursed the depreciated cost of the Well Site as stated in Section 1.2 of this Lease. 3.9 Paragraphs 2.10.1, 2.10.2(a), 2.10.2(c), 2.10.2(d)(iii), and 2.10.3(d) of this Lease are replaced as follows; and Paragraphs 2.10.7 and 2.10.8 are added to Section 10 (Default& Termination) as follows: 2.10.1 Term and Prior Termination: This Lease shall continue for the term set forth in Section 1.2, unless terminated earlier in accordance with another provision of this Lease. 2.10.2(a)Lessee fails or refuses to pay to OCWD any portion of the Rental Payment or other sum due hereunder when due, and such sum remains unpaid for thirty (30) days after written notice to pay rent or surrender possession of the Premises is served on Lessee by Lessor; or 2.10.2(c)Lessee abandons or vacates the Premises; provided however, that OCWD provides a thirty (30) days written notice to Lessee of its belief of abandonment or that the Premises has been vacated and Lessee (a) fails to respond; or (b) confirms in writing that it has abandoned or vacated the Premises; or 2.10.2(d) (iii) Lessee allows any judgment against Lessee to remain unsatisfied or un-bonded for a period of ninety(90) days or longer; or 2.10.3(d)ln the event Lessee becomes insolvent, OCWD may, by giving thirty (30) days notice to Lessee or to the person appointed to manage Lessee's affairs at the address for such person appearing in the official records of the court that appointed such person, terminate this lease and forfeit Lessee's interest in the Premises and in any improvements or facilities on or appurtenant to the Premises. -30- 2.10.7 This Lease shall automatically be revoked if Lessee has not completed twenty-five percent (25%) of the construction of the Well Site, on or before December 31, 2015 ("Completion Date"). OCWD's General Manager or designee may extend the Completion Date by giving written notice to Lessee in the event of construction delays, or for other unforeseen causes beyond the control of the Lessee as determined by OCWD's General Manager. 2.10.8 This Lease and its use shall be automatically revoked upon Lessee's abandonment or destruction of said Well Site. 3.10 Paragraph 2.11.9 of this Lease is replaced as follows: 2.11.9 Precedence: In the event of any conflict between Parts of this Lease, Part I, II, and III shall prevail over Exhibits A, B, C and D, Part I shall prevail over Part II and III, and Part III shall prevail over Part II. [END SPECIAL LEASE PROVISIONS] -31- EXHIBIT "A" LEGAL DESCRIPTION WELL SITE AREA That Portion of Lots 18 of Block 36, of the Yorba Linda Tract, in the City of Anaheim, County of Orange, State of California as shown in Book 13, Page 16, of Parcel Maps, Records of Orange County, State of California, recorded March 11, 1968 and described as follows: Commencing at the centerline intersection of La Palma Avenue and Richfield Road as shown on a Record of Survey Field in Book 89, Page 41 of Records of Surveys, in the Office of the Recorder, County of Orange, State of California; Thence along the centerline of said Richfield Road, South 00°33'48"West, 400.18 feet; Thence leaving said centerline, North 89°28'06" West 25.00 feet to the westerly right of way of said Richfield Road; Thence continuing North 89°28'06" West 616.00 feet to the southerly line of Parcel Map 13/16.; Thence South 33 056'45"West 15.00 feet; Thence North 89°28'06" West 24.86 feet to the True Point of Beginning; Thence North 89 028'06"West 40.00 feet; Thence South 00°31'54"West 20.00 feet; Thence South 89 028'06" East 40.00 feet; Thence North 00°31'54" East 20.00 feet to the True Point of Beginning; Area= 800 square feet more or less. Shown on plat in"Exhibit `B" and made a part hereof. -32- EXHIBIT "A" LEGAL DESCRIPTION FOR APPURTENANT PREMISES (1) (Pipeline) That Portion of Lots 18 of Block 36, of the Yorba Linda Tract, in the City of Anaheim, County of Orange, State of California as shown in Book 13, Page 16, of Parcel Maps, Records of Orange County, State of California, recorded March 11, 1968 and described as follows: Commencing at the centerline intersection of La Palma Avenue and Richfield Road as shown on a Record of Survey Field in Book 89, Page 41 of Records of Surveys, in the Office of the Recorder, County of Orange, State of California; Thence along the centerline of said Richfield Road, South 00°33'48"West, 400.18 feet; Thence leaving said centerline, North 89 028'06" West 25.00 feet to the westerly right of way of said Richfield Road; Thence continuing South 00 033'48"West 30.00 feet to the True Point of Beginning; Thence North 89 028'06"West 76.00 feet; Thence North 45°00'00"West 2 1.00 feet; Thence North 89°28'06" West 407.53 feet; Thence South 79°43'31"West 80.00 feet; Thence North 89 028'06" West 58.20 feet; Thence South 45 000'00"East 21.41 feet; Thence South 89°28'06" East 44.34 feet; Thence North 79°43'31" East 80.00 feet; Thence South 89 028'06" East 399.98 feet; Thence South 45"00'00" East 21.42 feet; Thence South 89 028'06" East 82.60 feet; Thence North 00 033'48"East 15.00 feet to the True Point of Beginning; Area=9,539 square feet more or less. Shown on plat in"Exhibit"B" and made a part hereof -33- EXHIBIT "A" LEGAL DESCRIPTION FOR APPURTENANT PREMISES (2) (Drain Pipeline) That Portions of Lots 18 and Lot 19 of Block 36, of the Yorba Linda Tract, in the City of Anaheim, County of Orange, State of California as shown in Book 13, Page 16, of Parcel Maps, Records of Orange County, State of California, recorded March 11, 1968 and described as follows: Commencing at the centerline intersection of La Palma Avenue and Richfield Road as shown on a Record of Survey Field in Book 89, Page 41 of Records of Surveys, in the Office of the Recorder, County of Orange, State of California; Thence along the centerline of said Richfield Road, South 00°33'48"West, 400.18 feet; Thence leaving said centerline, North 89 028'06" West 25.00 feet to the westerly right of way of said Richfield Road; Thence continuing North 89°28'06"West 616.00 feet; Thence South 33 056'45" West 36.00 feet to the True Point of Beginning; Thence South 45 000'00" East 54.00 feet; Thence South 45 000'00" West 18.00 feet; Thence North 45°00'00"West 5 1.00 feet; Thence North 33 056'45" East 18.00 feet to the True Point of Beginning; Area=927 square feet more or less. Shown on plat in"Exhibit"B" and made a part hereof. -34- EXHIBIT "A" LEGAL DESCRIPTION CONSTRUCTION AND MAINTENANCE AREA That Portions of Lots 18 and Lot 19 of Block 36, of the Yorba Linda Tract, in the City of Anaheim, County of Orange, State of California as shown in Book 13, Page 16, of Parcel Maps, Records of Orange County, State of California, recorded March 11, 1968 and described as follows: Commencing at the centerline intersection of La Palma Avenue and Richfield Road as shown on a Record of Survey Field in Book 89, Page 41 of Records of Surveys, in the Office of the Recorder, County of Orange, State of California; Thence along the centerline of said Richfield Road, South 00°33'48"West, 400.18 feet; Thence leaving said centerline, North 89°28'06" West 25.00 feet to the westerly right of way of said Richfield Road; Thence continuing North 89°28'06"West 616.00 feet to the True Point of Beginning; Thence North 89 028'06" West 89.00 feet to the easterly line of MWD R/W Parcel 1004-8-1 (Parcel B); Thence South 0801591399 West 128.00 feet; Thence South 81°44'47" East 21.16 feet; Thence North 33 056945" East 155.36 feet to the True Point of Beginning; Area= 7,135 square feet more or less. Shown on plat in"Exhibit`B" and made a part hereof. -35- EXHIBIT "B" PLAT OF LEGAL DESCRIPTION, CONSTRUCTION AND MAINTENANCE AREA,AND APPURTENANT PREMISES (1) AND (2) LL � m I w ww3 w33w3 ww z AO'LZL M.LC�9f.00N V 6 in o l 51wa1209 Vim22m 012 Bit`$ X99 3t 3L \ I 33333 33ww 3t� m W 09 $ \ I 201 2�22 ufZN fvvq��; 22�. 10 jm m I z FF 1vy1J nn 11!5!3$1, J 2 IN Z H w a it 3 `t 3 \ m l 52 A% i _ 3.B1.BL.YOM .0V&; L61 E+ N J Do,% u �- = W O WWI 1� O � i i:fy/ i Fr -36- EXHIBIT 44C) , , , ROAD ■ WARNER . ■ ■ a�0■���H�■ ® . LU co a LL co 14—. I � - � § -4] - � . ■ � � jj �� §� � . § ■§ § � �§ <. � \ , - - \ EXHIBIT "D" ANNUAL RENT SCHEDULE Yorba Linda Water District Annual Rent Adjustment 3% August 22,2012 Annual Rent Year LWD Well No.21 Starting Rent 1 $ 3,817.00 2 $ 3,931.51 3 $ 4,049.46 4 1 $ 4170.94 5 $ 4,296.07 6 $ 4,424.95 7 $ 4,557.70 8 $ 4,694.43 9 $ 4,835,26 10 $ 4,980.32 11 $ 5,129.73 12 $ 5,283.62 13 $ 5,442.13 14 $ 5,605.39 15 $ 5,773.55 16 $ 5,946.76 17 $ 6,125.16 18 $ 61308.92 19 $ 6,498.19 20 $ 6,693.13 21 $ 6,893.93 22 $ 7,100.74 23 $ 7,313.77 24 $ 7,533.18 25 $ 7,759.18 26 $ 7,991.95 27 $ 8,231.71 28 $ 8,478.66 29 $ 8,733.02 30 $ 8,995.01 31 $ 9,264.86 32 $ 9,542.81 33 $ 9,829.09 34 $ 10 123.96 35 $ 10 427.68 36 $ 10,740.51 37 $ 11062.73 38 $ 11 394.61 39 $ 11736.45 40 $ 12 088.54 41 $ 12,451.20 42 $ 12 824.73 43 $ 13 209.48 44 $ 13 605.76 45 $ 14 013.93 46 $ 14,434.35 47 $ 14 867.38 48 $ 15 313.40 49 $ 15 772.81 50 $ 16,245.99 Total $ 430,545.64 -38- REVISED ITEM NO. 8.1 AGENDA REPORT Meeting Date: December 20, 2012 Budgeted: Yes Total Budget: $2,300,000 To: Board of Directors Cost Estimate: $3,817 annual cost Funding Source: Water Capital Reserves From: Steve Conklin, Acting Account No: 101-2700 General Manager Job No: .32009-22#21 Presented By: Steve Conklin, Acting Dept: Engineering General Manager Reviewed by Legal: Yes Prepared By: Steve Conklin, Acting CEQA General Manager Compliance: Pending Subject: Lease Agreement for Well 21 Site SUMMARY: At its meeting on November 30, the OCWD Property Management Committee recommended that the OCWD Board approve the Lease Agreement with YLWD for the Well 21 Site, subject to the addition of clarification items by OCWD legal counsel. Those items were added and the OCWD Board approved the Agreement on December 19, 2012. YLWD staff and legal counsel have reviewed the overall agreement and the latest revisions and recommend approval of the Lease Agreement by the YLWD Board. STAFF RECOMMENDATION: That the Board of Directors authorize approval and execution of the "Lease Agreement, Yorba Linda Water District, Warner Basin Complex, Well No. 21," between the Orange County Water District and Yorba Linda Water District, for a 50-year period. DISCUSSION: The latest revisions to the Lease Agreement are in Sections 2.4.1.10 and 2.7.2, as shown in color in the attached, being pages 25 through 27 of the Lease Agreement. These revisions clarify that the cost to remove the well and appurtenant facilities at the end of the project will be borne by YLWD. YLWD staff and legal counsel reviewed the added clarifications and find them acceptable, being that these only expand on requirements that are stated and understood in other sections of the Agreement. within the Well Site Area at any tithe. Lessee shall not maintain, commit or permit the maintenance or commission of any waste or any nuisance within the Appurtenant Premises or the Construction and Maintenance Area at any time during Lessee's construction and maintenance activities within the Appurtenant Premises and Construction and Maintenance Area. Lessee shall not use or permit the use of any portion the Premises for any unlawful purpose.. 2.4.2 Utilities and Services: Lessee shall be solely responsible for obtaining all of its utility service and for the payment of all of its utility charges, including but not limited to water and power, supplied to the Premises. All utilities shall be in the name of Lessee, unless OCWD elects otherwise. All utility installations shall be subject to the provisions of Section 2.7 below. 3.4 The following provisions are added to Paragraph 2.4.1 (Conditions of Use)of this Lease: 2.4.1.7 Lessee shall erect and maintain an enclosure around the Well Site Area in a design satisfactory to OCWD'S General Manager or his designee. Prior to construction or installation of such enclosure, the plans and specifications for said enclosure must be submitted to and expressly approved by OCWD'S General Manager or his designee. 2.4.1.8 Should any damage or injury to OCWD or Corona Recreation, Inc.'s facilities occur, either through the acts of agents, servants or employees of Lessee or by any independent contractor of Lessee in the exercise of the rights granted in this Lease, Lessee agrees to immediately, upon the written demand of OCWD, restore such facilities, at Lessee's sole cost and expense, to the condition of same immediately prior to the date of the damage or injury. 2.4.1.9 If at any time OCWD determines in, its sole discretion, that the Well Site installed by Lessee, as provided herein, must be modified, improved or extended to protect OCWD's real property or facilities and OCWD's use of said real property or facilities, or in the event that said Well Site needs to be modified, improved or extended to improve or correct the functioning thereof, such modification, improvement or extension shall be made by Lessee, within a reasonable period of time, and at Lessee's sole cost and expense; provided, however, that OCWD covenants to exercise in a reasonable manner its discretion to require Lessee to modify, improve or extend the Well Site installed by Lessee and to exercise such discretion only as necessary to reasonably protect OCWD's real property or facilities or use thereof or to reasonably improve or correct the functioning of the Well Site installed by Lessee. Notwithstanding the foregoing, Lessee reserves the right to terminate this Lease with a thirty (30) days written notice to OCWD if Lessee determines the forgoing obligations are cost prohibitive. 2.4.1.10 At the expiration or termination of this Lease, Lessee shall destroy the water well on the Premises, and remove all appurtenants to the water well that are the -25- subject of this Lease, in accordance with all applicable federal, state and local laws, rules, regulations or ordinances governing the destruction of water wells, unless OCWD delivers to Lessee a written notice that OCWD, at no cost or expense to OCWD, will assume ownership and responsibility of the water well, in which ease Lessee shall have no further obligation or liability for the water well. Through the deliverance of such written notice, OCWD further agrees that it will accept ownership of the well in an "as-is" condition. If OCWD does not deliver written notice to Lessee that OCWD will assume ownership and reMonsibility for the water well and Lessee fails to properly destroy the water well pRrsuant to this Paragraph, OCWD shall have the right to destroy the water well and remove all appurtenants to the water well without liability therefore to Lessee or to any person or entity claiming under Lessee and OCWD shall have no duty to account for such well site appurtenants to the water well and proRerty. Lessee agrees to reimburse OCWD within thiLt 30 days from the completion date of the well being destroyed, for any and all costs associated with OCWD destroying the water well pursuant to this Paragraph. 2.4.1.11 Lessee shall notify OCWD of any maintenance activity that requires the use of a well development/pump rig at least thirty(30)days in advance of such maintenance activity. 2.4.1.12 Laydown areas for construction or maintenance materials shall be as approved by OCWD's General Manager or his designee but shall under no circumstances interfere with OCWD or Corona Recreation, Inc.'s use of the adjacent Warner Basin Complex. 2.4.1.13 OCWD's Lessee, Corona Recreation Inc., currently leases Warner Basin Complex from OCWD for a fishing concession. Lessee shall not interfere with this activity and shall schedule any use allowed under this Lease so as not to interfere with OCWD's Lessee's operations. 3.5 The following provisions in Section 2.5 of this Lease are replaced or added with the following: 2.5 Insurance: Without limiting Lessee's indemnification obligations, Lessee shall not take possession of, enter or occupy the Premises until Lessee has obtained all of the insurance required herein from a company or companies acceptable to OCWD, and Lessee shall maintain all such insurance in full force and effect at all times during the term of this Lease and any extension or renewal thereof. Insurance shall be placed with insurers having a current A.M. Best rating of no less than A-:VII or equivalent or as otherwise approved by OCWD. Lessee may submit a letter of Self-Insurance in lieu of a Certificate of Insurance in a form acceptable to OCWD's Risk Manager. -26- 2.5.1.4 Environmental Impairment Liability-The Contractor shall provide and maintain coverage appropriate for the hazardous material/waste activity contemplated in this Agreement. Environmental Impairment Liability shall be maintained in an amount of$1,000,400 per claim/occurrence. If an aggregate limit applies, either the general aggregate limit shall apply separately to the proj ectllocation or the general aggregate limit shall be twice the required occurrence limit. 3.6 Paragraph 2.7.1.3 and 2.7.2 of this Lease is replaced with the following: 2.7.1.3 In the event that LESSOR's General Manager or designee grants written approval to any requested alteration of or improvement to the Premises, Lessee shall construct such alteration or improvement at Lessee's sole cost and expense. Lessee shall not commence construction unless Lessee provides LESSOR's General Manager or designee with written notice ninety (90)days prior to the commencement of the Well Site construction or any other related construction. 2.7.2 Ownership of Improvements: All buildings, improvements, fixtures and facilities (exclusive of trade fixtures, portable buildings, vehicles and antennas), constructed or placed within the Premises by Lessee, including but not limited to electrical and other utilities, listed or not, shall, upon the completion of construction, installation or placement within the Premises,be free and clear of all liens, claims and liability for payment for labor and material. Such buildings, improvements, fixtures and facilities (exclusive of trade fixtures, motors, pumps, motor control centers and swltchgear, control panels, fiber optic equipment, portable buildings, vehicles and antennas), shall become and remain the property of OCWD at the expiration of this Lease or earlier termination hereof. Upon the expiration or earlier termination of this Lease, OCWD retains the right, in its sole and absolute discretion, and by written notice to Lessee, to require (or, if requested by Lessee, to allow) Lessee, at Lessee's sole cost and expense, to remove all such buildings, improvements, fixtures and facilities located on the Premises. In the event OCWD either requires or grants permission to Lessee, such removal by Lessee shall include leveling the Premises, restoring any berms removed, removing any underground obstructions, filling any excavations, and compacting such filled excavations to ninety percent (90%) compaction. If Lessee fails to remove all such buildings, improvements, fixtures and facilities located on the Premises pursuant to this Paragraph, OCWD shall have the right to remove all such buildings, improvements. fixtures and facilities located on the Premises without liability therefore to Lessee or to any_Rerson or entity claiming under Lessee and OCWD shall have no duty to account for such to remove all such buildings, improvements, fixtures and facilities located on the Premises. Lessee agrees to reimburse QCWD for any and all costs associated with QCWD's -4e feffiw,�eremoval of all such buildings, im rovements fixtures and facilities located on the Premises. -27- ITEM NO. 8.2 AGENDA REPORT Meeting Date: December 20, 2012 Budgeted: Yes Total Budget: $120,000 To: Board of Directors Cost Estimate: $117,740 Funding Source: Water Capital Reserves From: Steve Conklin, Acting General Manager Job No: J2009-22#21 Presented By: Steve Conklin, Acting General Dept: Engineering Manager Reviewed by Legal: Pending Prepared By: Anthony Manzano, Senior CEQA Compliance: Exempt Project Manager Subject: Well 21 Hydrogeologic Services SUMMARY: Staff issued Request for Proposals (RFP) to six consulting firms for Well 21 Hydrogeologic Services for Drilling and Construction Support; four proposals were received. Following an evaluation by the District's review team, staff recommends award to CDM Smith (CDM) for a fee not to exceed $117,740. STAFF RECOMMENDATION: That the Board of Directors authorize execution of a Professional Services Agreement with CDM in the amount of $117,740 to provide Well 21 hydrogeologic services for drilling and construction support. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this at its December 13, 2012 meeting and supports staff's recommendation. DISCUSSION: Staff submitted RFPs for Well 21 hydrogeologic services for drilling and construction support to six firms experienced with this type work. Four proposals were received. The District's review team evaluated and ranked the proposals based on experience, technical merit, content and understanding of the project. Following the technical evaluation and ranking, separate fee envelopes for each proposal were opened. Results of the technical evaluation ranking along with proposed fees and staff hours are as follows: Firm Evaluation Score Proposed Fee Staff Hours CDM Smith 26.41 $ 117,740.00 848 Geoscience 25.28 $ 124,832.00 693 RCS 24.57 $ 91,764.00 735 PSOMAS 24.15 $ 108,554.00 864 The proposal with the highest scoring technical evaluation was that by CDM, based on the criteria noted above. CDM completed other recent projects for the District, including hydrogeologic services for Wells 5, 12, and 20. These projects were completed professionally and to the satisfaction of District staff. Staff reviewed the proposed fee and staff hours for the project and confirmed with CDM's Officer in Charge, Lanaya Voelz, that they'll complete all work described in the proposal for a fee not to exceed $117,740. Based on the above, the engineering review team recommends award to CDM. This firm had the best proposal, best project team and relevant local experience, with a proposed fee and staff hours which were reasonable and appropriate based on the scope of work. Approved by the Board of Directors of the Yorba Linda Water District 12/20/2012 RC/RK 5-0 ITEM NO. 8.3 AGENDA REPORT Meeting Date: December 20, 2012 Budgeted: Yes Total Budget: $2.6 M To: Board of Directors Cost Estimate: $1 .6M Funding Source: All Water Funds From: Steve Conklin, Acting General Account No: 101-2700 Manager Job No: J2008-17B Presented By: Steve Conklin, Acting General Dept: Engineering Manager Reviewed by Legal: Yes Prepared By: Hank Samaripa, Project CEQA Compliance: MND Engineer Subject: Award of Construction Contract for Yorba Linda Blvd Pump Station Project SUMMARY: On November 8, 2012, bids were received from 12 contractors for the construction of the Yorba Linda Blvd Pump Station (YLBPS). The low-bidder was Environmental Construction, Inc (ECI). Following review of its bid documents and references, staff recommends award to ECI in the amount of $1 ,581,179. The Engineer's Estimate for this project was $2,300,000. STAFF RECOMMENDATION: That the Board of Directors authorize 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 subject to the approval as to form by General Counsel. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee reviewed this matter at their meeting on December 13, 2012 and supports staff's recommendation. DISCUSSION: The YLBPS is the second of a two-phase project to provide groundwater to the easterly side of the District. Phase 1 was the construction of a 20" transmission pipeline on Yorba Linda Blvd which is now completed. For the YLBPS Project, bids were received from 12 contractors, ranging from a low of $1,581,179.00 to a high of $2,253,000.00, as shown on the attached summary. District staff and legal counsel reviewed the bid documents from the three lowest bidders to confirm if all had complied with bidding requirements. A review of the bid documents from the apparent low-bidder, ECI, indicated that they provided inadequate reference information. After a request for further information, ECI provided four other references, showing pump station-related experience. Staff discussed the details of these past projects with the additional references. A total of seven public agency references gave positive feedback on ECI's past performance. Therefore, based on their bid, experience, and qualifications, staff recommends award of the YLBPS Project to ECI. 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): On November 29, 2010, the Board of Directors authorized the President and Secretary to execute a Consultants Agreement with Lee & Ro, Inc, in the amount of$423,624 for engineering design services and construction management for the Yorba Linda Blvd Booster Station and Pipeline Project, Job No. 2008-17. On March 12, 2012, the Board of Directors authorize the President and Secretary to award the Contract for Construction of the Yorba Linda Blvd Pipeline Project to Garcia Juarez Construction, Inc., in the amount of$1,681 ,650.00. ATTACHMENTS: Name: Description: Type: Bid Results.xlsx Bid Results YLBPS 121112.1 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 12/20/2012 RC/MB 5-0 Ycor-b a Li r� 1a Water �-istr-ict Bid Results YL Blvd. Booster Station Project Project No. 2008-17B Date: 11/8/2012 Time: 2:00pm NO. COMPANY BID 1. Enviornmental Constr Inc $ 1,581,179.00 2. Pascal&Ludwig Constructors $ 1,708,196.00 3. Schuler Engineering Corporation $ 1,775,930.00 4. RC Foster Corporation $ 1,799,300.00 5. Pacific Hydrotech Corportaion $ 1,813,000.00 6. Gateway Pacific Contractors Inc $ 1,833,364.00 7. Paulus Engineering Inc $ 1,849,317.00 8. Doty Bros Equipment Co $ 1,939,000.00 9. Brutoco Engineering&Construction $ 2,143,000.00 10. Dahl,Taylor&Assoc.-Construction Inc. $ 2,166,000.00 11. MMC Inc $ 2,184,111.00 12. Vido Samarzich Inc $ 2,253,000.00 Yor-ba Li.r��1a Water �-istr-ict Bid Results YL Blvd. Booster Station Project Project No. 2008-17B Date: 11/8/2012 Time: 2:00pm NO. COMPANY BID 1. Dahl,Taylor&Assoc.-Construction Inc. $ 2,166,000.00 2. MMC Inc $ 2,184,111.00 3. RC Foster Corporation $ 1,799,300.00 4. Pascal&Ludwig Constructors $ 1,708,196.00 5. Vido Samarzich Inc $ 2,253,000.00 6. Schuler Engineering Corporation $ 1,775,930.00 7. Pacific Hydrotech Corportaion $ 1,813,000.00 8. Enviornmental Constr Inc $ 1,581,179.00 9. Paulus Engineering Inc $ 1,849,317.00 10. Gateway Pacific Contractors Inc $ 1,833,364.00 11. Doty Bros Equipment Co $ 1,939,000.00 12. Brutoco Engineering&Construction $ 2,143,000.00 ITEM NO. 8.4 AGENDA REPORT Meeting Date: December 20, 2012 Budgeted: No To: Board of Directors Cost Estimate: $143,000 Funding Source: Water Operating Fund From: Steve Conklin, Acting General Account No: 4020-0780-36 Manager Presented By: Steve Conklin, Acting General Dept: Engineering Manager Reviewed by Legal: No Prepared By: Joe Polimino, Project Engineer CEQA Compliance: MND Subject: Chambers Group Extension of Services for Hidden Hills Reservoir Project Habitat Mitigation and Monitoring Plan (HMMP) SUMMARY: Chambers Group has been providing California Environmental Quality Act (CEQA) Mitigation and Monitoring Plan (MMP) document preparation and compliance monitoring in support of the Hidden Hills Reservoir Project, since September 2008. Project construction was completed in June 2010, and Chambers Group has been monitoring the re-growth of native plant species for compliance with the project-specific Habitat Mitigation and Monitoring Plan (HMMP). It has been determined that the site is not adequately recovering and a re-seeding effort is necessary to comply with the HMMP. STAFF RECOMMENDATION: That the Board of Directors approve an extension to Chambers Group Professional Services Agreement, in the amount of $50,292 for the remainder of fiscal year 2012/2013 and $93,229 for fiscal years 2013/14 through 2015/2016, for a total cost not to exceed $143,521, for required environmental compliance mitigation and monitoring for the Hidden Hills Reservoir Project. It is further recommended that the Board authorize transfer of$50,292 from the Water Operating Fund for the work through June 30, 2013, and that the work proposed for each of the three following fiscal years be approved by the Board as part of the annual budget process. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this matter at its meeting on December 13, 2012 and supports staff recommendation. DISCUSSION: The Hidden Hills Reservoir Project, which was completed in June 2010, consists of a new 2.0 MG underground concrete reservoir, pipeline, associated valve vaults, and an access road. It is located within the boundaries of Chino Hills State Park, north of the Hidden Hills Glen community. Since September 2008, Chambers Group assisted the District in obtaining resource agency approvals for the project, prepared the project-specific Habitat Mitigation and Monitoring Plan (HMMP) and prepared bid specifications that defined the project's habitat restoration components. Chambers Group is currently providing services for the District through a Professional Services Agreement with HMMP implementation phase compliance, which currently includes biological monitoring and reporting on a quarterly basis. Chambers Group recently reported to the District that growth populations for native plant species were not meeting criteria as set forth in the HMMP and recommended that the site be re-seeded for compliance. In response to the District's request, Chambers Group provided a proposal which includes weeding of all non-native plant species, re-hydroseeding of the site with native plant species, the installation of a temporary irrigation system, site maintenance, and continued biological monitoring and reporting through June 30, 2016. The District's requirement for habitat mitigation and monitoring ends on June 30, 2016. The proposed area of work totals 1.95 acres, including the slopes on both sides of the paved reservoir access road, and those areas outside of the chain-link fence (surrounding the reservoir) that were affected by the clearing and grading necessary for construction of the reservoir and its facilities. The details of the proposed Scope of Work and costs are attached for your reference. As shown in the attached proposal of December 10, 2012, Chambers is proposing budgets of $50,292 for FY 12/13, $42,248 for FY13/14, $33,611 for FY14/15, and $17,370 for FY15/16, for a not to exceed total of$143,521. This proposal, scope and fees were negotiated through several meetings and discussions with staff of Chambers Group. District staff has monitored the progress of this work along with Chambers and believes that the scope and fee are necessary and appropriate to achieve compliance, and therefore, recommend approval. The recommended $50,292 for work through June 30, 2013 is not budgeted. It is recommended that this $50,292 come from the Water Operating Fund, and that the other amounts noted above for the following three fiscal years be included when the budget is established and approved by the Board each year. 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 of Directors authorized the General Manager to execute a contract with Chambers Group for Hidden Hills Reservoir Mitigation and Monitoring Plan compliance monitoring and reporting services, through a Professional Services Agreement on April 1, 2010. ATTACHMENTS: Name: Description: Type: Hidden Hills Restoration Proposal 12-10- Chambers Group Extension to Professional Services 12 w AttachA.pdf Agreement 2012-2016 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 12/20/2012 PH/RC 5-0 t'� i CHAMBERS 4 GROUP December 10, 2012 (20010) Steve Conklin Yorba Linda Water District P.O. Box 309 Yorba Linda, CA 92885 Subject: Revised Proposal for Additional Services — Hydroseeding, Site Maintenance, and Monitoring for the Hidden Hills Reservoir Project, Yorba Linda, California. Dear Mr. Conklin: Chambers Group, Inc. (Chambers Group), a certified Disabled Veteran Business Enterprise (DVBE), is pleased to submit this proposal for additional services to the Yorba Linda Water District (District) to provide continued California Environmental Quality Act (CEQA) Mitigation and Monitoring Plan (MMP) compliance monitoring in support of the Hidden Hills Reservoir Project, located north of Hidden Hills Glen in the City of Yorba Linda, Orange County, California. Chambers Group, a California corporation, has been providing environmental planning, regulatory permitting, biological resources, cultural resources, and related services for over three decades. PROJECT UNDERSTANDING The project included construction of a new buried reservoir, distribution pipeline and associated appurtenances to be located within an existing District easement located on Chino Hills State Park property. Chambers Group assisted the District in obtaining Resource Agency approvals to fully implement the Hidden Hills Reservoir project. Chambers Group also prepared the project-specific Habitat Mitigation and Monitoring Plan (HMMP) and draft Bid Specifications that defined the project's habitat restoration components. Construction of the project commenced on May 11, 2009 and was completed in June 2010. Chambers Group is currently assisting the District with HMMP implementation-phase compliance, which includes Biological Monitoring and Reporting on a quarterly basis. Heather Clayton will serve as the Project Manager and Primary Point of Contact. This project will be managed out of Chambers Group's Santa Ana office, with support from our Redlands office as needed. Heather Clayton, Senior Biologist 5 Hutton Centre Dr., Suite 750 Santa Ana, CA 92707 (949)-261-5414 ext. 7241 HClayton @chambersgroupinc.com - SANTA ANA LOS ANGELES REDLANDS PALM DESERT SAN DIEGO EL CENTRO RENO CORPORATE OFFICE 5 Hutton Centre Drive,Suite 750 1 Santa Ana.California 92707 t, 949.261.5414 f l 714.545.2255 w I www.chambersgroupinc.com Steve Conklin December 10, 2012 Page 2 SCOPE OF WORK AND COSTS (Including Attachment "A") Task 1: Hydroseeding, Mitigation Site Maintenance, Monitoring, and Reporting for Fiscal Year 2 Collected seeds will be hydroseeded by a landscape contractor as a subcontractor to Chambers Group, experienced in native plant restoration. The seeds will be planted on the slopes above the paved road leading to the reservoir as well as those areas outside the chain-link fence (1.95 acres). Hydroseeding will consist of 1,500 pounds per acre of tackifier, 1,000 pounds per acre of a hydropost compost, 60 pounds per acre of mycorrhizal inoculum, and the native seed mix. This contract assumes plant diversity and vegetative cover will be achieved through seeding—no container plant installation is expected to occur. The mitigation site will be fully maintained through June 2016. During the course of the maintenance period, Chambers Group will not be responsible for repair or plant replacement due to acts of God,war,vandalism, or neglect/damage by the DISTRICT or others. Chambers Group assumes that no additional mobilization, concrete work, electrical work, soil decompaction, v-ditch maintenance, erosion control (BMPs) or repair of existing erosion control measures,fence installation, sign installation,or grading will be necessary. Chambers Group strongly recommends that irrigation be used onsite. The landscape contractor will install a temporary irrigation system which would consist of a quick connect adaptor for a water truck, ball valves, white PVC pipe, and spray heads. All components of the system will be installed on-grade. Spray heads will have rebar riser supports. The system will not be pressurized or automated; rather a water truck will be required to supply the water to the system. The landscape contractor is responsible for the design and proper operation of the irrigation system, and will maintain as necessary. Water truck costs include the cost per visit for the water truck to supply water to the irrigation system. The entire site will be watered and at least 9,000 gallons of water will be distributed evenly across the site using the irrigation system as necessary. The landscape contractor will fill up the water truck at a nearby fire hydrant and that the cost of water will be paid for by the District. The contractor will be required to sign out a construction meter and backflow devise from the District, and notify each time they are onsite. Chambers Group conducted monthly maintenance monitoring through March 2012, after which time, quarterly maintenance surveys were initiated for Year 2. A brief quarterly progress report along with site photographs will be submitted to the District and the Landscape Contractor within 10 days of the time of the survey. Chambers Group conducted the first annual survey in April 2012 under the existing contract. The agencies require submittal of an annual report each year until the success criteria are met. The second annual survey is scheduled for April 2013. Following data collection and analysis, an annual report will be submitted to the District, and upon District review, will be submitted to the U.S. Fish and Wildlife Service (USFWS) and the Chino Hills State Park. • Project management will include scheduling, client communication, staff coordination, invoicing, and management of project resources. A preliminary schedule for Fiscal Year 2 (2012-2013) is presented below. CHAMBERS /JhF GROUP Steve Conklin December 10, 2012 Page 3 Table 1 Schedule and Estimated Hours of Tasks in Year 2 (January through June 2013) Hours Estimated Staff Task —A�TaskTitle �Dat Budget 01-1 Initial Site Cleanup/Weed Removal Jan 2013 Lump Sum $4,488 01-2 Install Temporary Irrigation System Jan 2013 Lump Sum $ 15,722 01-3 Water Truck(Assume 15 Visits) Jan–Jun 2013 Lump Sum $ 9,626 Contractor Hydroseeding (excluding cost of 01-4 Jan 2013 Lump Sum $ 5,942 seed) 01-5 Contractor Maintenance (assumes 5 visits) Jan–Jun 2013 Lump Sum $ 5,688 = 01-6 Quarterly Monitoring Year 2 Mar,Jun 2013 6 hours x 2 visits 12 hours $ 1,176 01-7 Annual Survey and Report Year 2 Apr 2013 20 hours field time $ 6,590 40 hours report time 01-8 Project Management Ongoing 8 hours $ 1,060 Total 80 hours $ 50,292 Task 2: Mitigation Site Maintenance, Monitoring and Reporting for Fiscal Year 3 The mitigation site will be maintained in 2013/2014 by licensed native plant landscape contractor. This will ensure weeds are controlled in a timely manner and any deficiencies in native plant species composition or health will be remediated quickly. Chambers Group will conduct quarterly maintenance surveys as specified in the HMMP (Sec. 5.1.6.) in Year 3. A brief quarterly progress report, along with site photographs, will be submitted to the District and to the landscape contractor within 10 days after the survey. A one-time reseeding effort is included in this cost estimate, which will consist of reseeding the bare areas in up to 10 percent of the site during Year 3.The landscape contractor will furnish the seed for reseeding, hand broadcast the seed mix, and lightly rake the seed into the soil. As per agency requirements, Chambers Group will conduct the third annual performance monitoring survey in April 2014. An annual report will be submitted to the District within 30 days after the survey, and upon District review, will be submitted to the USFWS and Chino Hills State Park. Project management will include scheduling, client communication, staff coordination, invoicing, and management of project resources. A preliminary schedule for Fiscal Year 3 (2013-2014) is present in Table 2. " CHAMBERS /�1\� GROUP Steve Conklin December 10, 2012 Page 4 Table 2 Schedule and Estimated Hours of Tasks in Year 3 (July 2013-June 2014) Task Task Title�V Estimated Staff Budget — Date Hours 02-1 Contractor Maintenance Jul 2013–Jun 2014 Lump Sum $ 10,238 (assumes 9 visits) 02-2 Re-Seeding(If Needed) Winter 2013 Lump Sum $ 585 02-3 Water Truck(Assume 33 Visits) Jul 2013–Jun 2014 Lump Sum $ 21,193 Sep 2013, Dec 2013, Mar 6 hours x 4 visits = 24 02-4 Quarterly Monitoring Year 3 2014,Jun 2014 hours $ 2,352 02-5 Annual Survey/ Report Year 3 Apr 2014 20 hours field time $ 6,790 40 hours report time 02-6 Project Management Ongoing 8 hours $ 1,090 Total 92 hours 1 $ 42,248 Task 3: Mitigation Site Maintenance, Monitoring and Reporting for Year 4 The mitigation site will be maintained in 2014/2015 by licensed native plant landscape contractor. Chambers Group will conduct quarterly maintenance surveys in Year 4 according to the HMMP. A brief quarterly progress report along with site photographs will be submitted to the District and to the landscape contractor within 10 days after the survey. As the plants are expected to be past the initial establishment phase when they are most susceptible to adverse weather conditions, and in order to remain cost effective, Chambers Group will conduct the fourth quarterly monitoring visit concurrently with the annual inspection in April 2015. An annual report will be submitted to the District within 30 days after the survey, and upon District review, will be submitted to the USFWS and Chino Hills State Park. Project management will include scheduling, client communication, staff coordination, invoicing, and management of project resources. A preliminary schedule for Fiscal Year 4 (2014-2015) is present in Table 3. " CHAMBERS /�1\� GROUP Steve Conklin December 10, 2012 Page 5 Table 3 Schedule and Estimated Hours of Tasks in Year 4(July 2014-June 2015) MW I�Task Task Title I 'MF' Date Estimated Staff 03-1 Contractor Maintenance Jul 2014—Jun 2015 Lump Sum $ 7,963 (assumes 7 visits) 03-2 Water Truck(Assume 24 Visits) Jul 2014—Jun 2015 Lump Sum $ 15,408 Sep 2014, Dec 2014, Mar 6 hours x 4 visits = 24 03-3 Quarterly Monitoring Year 4 2015,Jun 2015 hours $ 2,130 03-4 Annual Survey and Report Year 4 Apr 2015 20 hours field time $ 6,990 40 hours report time 03-5 Project Management Ongoing 8 hours $ 1,120 Total 92 hours 1 $ 33,611 Task 4: Mitigation Site Maintenance, Monitoring and Reporting for Year 5 The mitigation site will be maintained in 2015/2016 by licensed native plant landscape contractor. Chambers Group will conduct quarterly maintenance surveys in Year 5 according to the HMMP. A brief quarterly progress report along with site photographs will be submitted to the District and to the landscape contractor within 10 days after the survey. Again, the fourth-quarter visit will be conducted concurrently with the fifth annual performance monitoring survey in April 2016. An annual report will be submitted to the District within 30 days after the survey, and upon District review, will be submitted to the USFWS and Chino Hills State Park. Project management will include scheduling, client communication, staff coordination, invoicing, and management of project resources. A preliminary schedule for Year 5 (2015-2016) is present in Table 4. Table 4 Schedule and Estimated Hours of Tasks in Year 5 (July 2015-June 2016) Task Title Contractor Maintenance 04-1 Jul 2015—Jun 2016 Lump Sum $ 6,825 (assumes 6 visits) • Sep 2015, Dec 2015, Mar 6 hours x 4 visits = 24 04-2 Quarterly Monitoring Year 5 2016,Jun 2016 hours $ 2,195 Annual Survey and Final Report Apr 2016 20 hours field time $ 7,200 04-3 Year 5 40 hours report time 04-4 Project Management Ongoing 8 hours $ 1,150 Total 92 hours $ 17,370 " CHAMBERS /�1\� GROUP Steve Conklin December 10, 2012 Page 6 AUTHORIZATION Chambers Group prepared this proposal solely for your internal use in evaluating Chambers Group's business proposal. Chambers Group considers the pricing and other business information the property of Chambers Group. This proposal and the information contained herein shall not be used for any purpose other than as specifically stated in this proposal and shall not be disclosed to any other party without Chambers Group's written consent. The cost estimate for all tasks is offered at a Time-and-Materials Basis, under the existing Professional Services Agreement (PSA) between the District and Chambers Group using 2013 rates. The grand total for supplemental hydroseeding, maintenance, and monitoring from January 2013 through June 2016 is $ 143,521.00. If this scope of work and cost meet your satisfaction, please execute one copy of this letter and return it to Chambers Group as our authorization to begin work. The schedule and cost quoted herein are valid for 30 days. Thank you for the opportunity to provide this proposal to you. Please do not hesitate to contact me at (949) 261-5414 extension 7241 to discuss these services in more detail. We look forward to continuing to work with you and getting the site on-track toward meeting the performance criteria! Sincerely, Authorized By: CHAMBERS GROUP, INC. YORBA LINDA WATER DISTRICT YJA-D Heather Clayton Senior Biologist, Project Manager Signature Date Enclosures: Attachment A - `w7omW " CHAMBERS /�1\� GROUP ATTACHMENT "A" TO THE SCOPE OF WORK FOR CHAMBERS GROUP PLANT RESTORATION FOR COMPLIANCE WITH THE HMMP FOR THE HIDDEN HILLS RESERVOIR PROJECT SCOPE OF WORK Services provided under this Scope of Work will include project management, material, equipment, and labor necessary to complete all landscape, seeding, planting, and maintenance work as necessary to fully implement and meet compliance with the project- specific Habitat Mitigation and Monitoring Plan (HMMP) as previously prepared by Chambers Group. This includes but is not limited to, the following: A. Weed abatement B. Seed acquisition C. Hydro seeding and/or hand planting D. Furnishing and installation of all required seeds, plants, fertilizers, materials, top dressing and other miscellaneous materials required for the work. E. Provide weeding and watering as necessary for plant health in all planted areas from the start of the project through June 2016. Watering will be discontinued after 2014, if determined by Chambers Group that it is no longer necessary. F. Provide a one-time reseeding effort, if required. QUALITY ASSURANCE A. Chambers Group will provide at least one person as the Owners Representative who shall be present when necessary during the execution of this Work, who shall be thoroughly familiar with the type of materials being installed and the proper materials and methods for their installations, and who shall direct all work performed under this Scope of Work. B. All plants and planting material shall meet or exceed the specifications of Federal, State and County laws requiring inspection for plant disease and insect control. C. The Applicator of all weed control materials shall be licensed by the State of California as a Pest Control Operator and a Pest control Advisor in addition to any subcontractor licenses that are required. D. All materials and methods used for Weed Abatement must conform to Federal, State, and Local Regulations. PRODUCT HANDLING A. Delivery and Storage: 1. Deliver all items to the job site in their original containers with all labels intact and legible at time of Owners representative's review. 2. Immediately remove from the site all plants which are not true to name, and all materials which do not comply with the specified requirements. 3. Use necessary measures to protect plant materials before, during, and after installation and to protect the work and materials of all other trades. B. Replacements: Immediately make all repairs and/or replacements necessary to the approval of the Owners representative and at no additional cost to the Owner. PROJECT SAFETY, RESPONSIBILITY AND COORDINATION A. For all work activities included in this Scope of Work, including weed abatement, hydro seeding, maintenance or other work, Chambers Group and the Landscape Contractor are fully responsible for the safety of the project. This includes distributing or posting any notifications, installation of signs, barriers or other methods as determined by Chambers Group and the Landscape Contractor to prevent intrusion into the treated areas by the public or other un- authorized personnel. B. No material or methods used for Weed Abatement shall affect the landscape planting or hydroseed germination. SEEDING AND PLANTING A. Hydro-Seed: As directed by Chambers Group B. Seed Acquisition: As directed by Chambers Group PROJECT EXECUTION Prior to the start of work of this Section, all trash and deleterious materials on the surface of the ground shall be removed and legally disposed of. WEED ABATEMENT Prior to the installation of the Hydroseed, all weed growth shall be removed within the areas designated to be cleared and grubbed. Refer to the HMMP for limit of work. If in the opinion of the Chambers Group Representative, grasses and weeds existing in the planting areas will require removal prior to planting, weed these areas per the Chambers Group Representative's direction and recommendations. Physically remove all weeds from the site. HYDROSEEDING INSTALLATION All seeding areas shall be reviewed by the Chambers Group Representative to determine its suitability prior to planting. The Landscape Contractor shall prepare all seeding areas for planting and coordinate with the Chambers Group Representative prior to seeding for review. No seeding will be performed until authorized by the Chambers Group Representative. Mixing of hydro slurry shall be performed in a tank with a built-in continuous agitation and recirculation system of sufficient operating capacity to produce homogeneous slurry of seed, mulch fiber, binding agent, fertilizer and water as specified by the Chambers Group Representative to comply with the HMMP. Application: Hydro slurry shall be applied under high pressure, evenly and result in uniform coat on all areas to be treated to the satisfaction of the Chambers Group Representative. Care shall be exercised to assure that plants in place are not subjected to the indirect force of an application. Slurry shall be immediately removed from walks, roads, concrete ditches and structures, etc. that are inadvertently sprayed. MAINTENANCE PERIOD The contractual project and plant maintenance period shall begin from the start of the project and continue through June 2016. The Landscape Contractor shall continuously weed, water, and maintain all planted areas during the progress of the Work and during the maintenance period. All areas shall be kept free of debris, and all planted areas shall be weeded as needed. Weeding, watering and spraying as required to keep plants healthy for the duration of the maintenance period, shall be performed by the Landscape Contractor and included in the cost for this Scope of Work. During the maintenance period, the Landscape Contractor shall be responsible for maintaining adequate protection for all planting areas. Any damaged areas shall be repaired and any plant materials replaced at the Contractor's expense. END OF SECTION ITEM NO. 8.5 AGENDA REPORT Meeting Date: December 20, 2012 Budgeted: Yes Total Budget: $90,000 To: Board of Directors Cost Estimate: $90,000 Funding Source: Water Operating Fund From: Steve Conklin, Acting General Account No: 1-1010-0440-00 Manager Presented By: Steve Conklin, Acting General Dept: Board of Directors Manager Prepared By: Annie Alexander, Executive Secretary Subject: Board of Directors Committee Assignments SUMMARY: Following the annual reorganization of the Board of Directors, the newly elected President assigns the members of the Board to various standing committees and intergovernmental meetings. These assignments are usually decided prior to the first meeting in January each year. STAFF RECOMMENDATION: That the President consider and make recommendations to the Board of Directors for committee and intergovernmental meeting assignments for the upcoming calendar year, subject to consent by the Board. COMMITTEE RECOMMENDATION: The Executive-Administrative-Organizational Committee discussed this matter at its meeting held December 17, 2012 and supports staff's recommendation. DISCUSSION: Pursuant to the Board of Directors' Rules for Organization and Procedure (Resolution No. 11-15), the Board has five standing committees, three joint agency standing committees, and various intergovernmental meetings to which the Board has authorized regular Director attendance. Historically, two Directors have been assigned to each standing committee and each Director has been assigned to a minimum of two different standing committees. Participation in intergovernmental meetings has been on a voluntary basis with a primary and secondary Director alternating their attendance. The attached spreadsheet identifies the Directors who have served on each standing committee and attended the intergovernmental meetings for the previous two years. It also includes President Melton's proposed assignments for the upcoming calendar year. The Board is not required to choose committee assignments using any particular method. In years past, the non-Chair committee member in the current year has served as the Chair for the same committee in the following year. This allows each committee to continue with one member who is familiar with the responsibilities of the committee, while allowing another member who has not previously served on the committee, the opportunity for a new experience, if desired. The Total Budgeted and Estimated Cost amounts listed above include Board, Committee and intergovernmental meeting attendance at a maximum of ten meetings per month as allowed by statute. STRATEGIC PLAN: CP 1-C: Have Board of Directors and YLWD Staff Attend More Events and Inter - governmental Meetings within the Local Community ATTACHMENTS: Name: Description: Type: BOD - Committee Assionments.pdf Backup Material Backup Material Approved by the Board of Directors of the Yorba Linda Water District 12/20/2012 MB/PH 5-0 Approved as corrected. Committee 2011 2012 2013 EAO Beverage Hawkins Melton(Chair) Hawkins Melton Kiley FA Collett Kiley Hawkins(Chair) Kiley Hawkins Melton PRM Kiley Beverage Collett(Chair) Beverage Collett Beverage PEO Melton Collett Kiley(Chair) Collett Kiley Hawkins PACT Hawkins Melton Beverage(Chair) Melton Beverage Collett MWDOC/OCWD Beverage Hawkins Beverage Hawkins Beverage Melton CAC Beverage Beverage Beverage Interagency Assignments 2011 2012 2013 YL City Council Mtg 1 Hawkins Hawkins Melton First Tuesday of the Month YL City Council Mtg 2 Melton Melton Kiley Third Tuesday of the Month YL Planning Comm Mtg 1 Kiley Kiley Collett Second Wednesday of the Month YL Planning Comm Mtg 2 Collett Collett Hawkins Fourth Wednesday of the Month OCWD Board of Directors Kiley Kiley Kiley First Wednesday of the Month OCWD Board of Directors Kiley Kiley Kiley Third Wednesday of the Month MWDOC Board of Directors Melton Melton Melton First Wednesday of the Month MWDOC Board of Directors Melton Melton Melton Third Wednesday of the Month ACWA/JPIA Meeting Hawkins Hawkins Hawkins Semi-Annually in May&November WACO Meeting Hawkins Hawkins Hawkins First Friday of the Month Kiley ISDOC Meeting Collett Collett Collett Quarterly on the Fourth Tuesday LAFCO Meeting Beverage Beverage Beverage Second Wednesday of the Month ITEM NO. 8.6 AGENDA REPORT Meeting Date: December 20, 2012 To: Board of Directors From: Steve Conklin, Acting General Manager Presented By: Gina Knight, HR/Risk Manager Dept: Human Resources/Risk Management Reviewed by Legal: Yes Prepared By: Gina Knight, HR/Risk Manager Subject: At-Will Employment SUMMARY: The Personnel-Risk Management Committee requested information from staff regarding "At-Will" employment. Staff presented the information to the Committee on November 13 and December 10, 2012 regarding options. STAFF RECOMMENDATION: That the Board of Directors consider At-Will employment for future District unrepresented employees. COMMITTEE RECOMMENDATION: That the Board of Directors consider At-Will employment for future District employees under Option B, as described below. DISCUSSION: On November 13, 2012, staff informed the Committee that At-Will employment could be possible for future unrepresented District employees. Staff informed the Committee that Board approval would be required through adoption of a Resolution to revise the District's Personnel Rules to include At- Will employment for specific classifications. Staff shared with the Committee members that it was not uncommon to see At-Will employment for management positions. In addition, staff reported that employees who are in management positions at the time the Board approves At-Will employment would be "grandfathered-in" and that only new employees would be At-Will. At its December 10 meeting, the Committee requested that staff present a report for the Board's review that included the following options: Option A: All District Department Management positions would become At-Will with the exception of employees who were in the management position at the time of Board approval. When the filled management position becomes vacant the position would become At-Will. The following positions impacted under Option A include: Finance Manager, Engineering Manager, Human Resources and Risk Manager, Information Technology Manager and Operations Manager. Option B: All District Management and Supervisory/Confidential employees would become At-Will with the exception of employees who were filling positions in the management and supervisory/confidential employee groups at the time of Board approval. When the filled position became vacant at a future date, the position would become At-Will. The following positions impacted under Option B include: Finance Manager, Engineering Manager, Human Resources and Risk Manager, Information Technology Manager, Operations Manager, Chief Plant Operator, Customer Service Supervisor, Executive Secretary, Human Resources Analyst, Information Systems Administrator, Management Analyst, Human Resources Technician, Public Information Officer, SCADA Administrator, Sr. Accountant, Sr. Construction Inspector, Sr. Project Manager, Water Maintenance Superintendent, Water Quality Engineer and Project Engineer. Approved by the Board of Directors of the Yorba Linda Water District 12/20/2012 RUMB 5-0 ITEM NO. 10.3 AGENDA REPORT Meeting Date: December 20, 2012 Subject: Personnel-Risk Management Committee (Beverage/Collett) Minutes of meeting held December 10, 2012 at 4:00 p.m. • Meeting scheduled January 8, 2013 at 4:00 p.m. or I ATTACHMENTS: Name: Description: Type: 121012 PRM - Minutes.doc PRM Mtg Minutes 12/10/12 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PERSONNEL-RISK MANAGEMENT COMMITTEE MEETING December 10, 2012 A meeting of the Yorba Linda Water District's Personnel-Risk Management Committee was called to order by Director Beverage at 4:05 p.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE STAFF Director Michael J. Beverage, Chair Steve Conklin, Acting General Manager Director Ric Collett Gina Knight, HR and Risk Manager 1. PUBLIC COMMENTS None. 2. DISCUSSION ITEMS 2.1. At-Will Employment (Verbal Report) Staff presented a report for Committee review that included two options for At-Will employment for future unrepresented employees. The Committee will recommend that the Board of Directors consider Option B at the December 20, 2012 Board of Directors meeting. 2.2. Future General Manager's Salary (Verbal Report) Staff presented additional salary information to help assess the District's future General Manger salary. Staff will continue to bring information forward as it is collected. 2.3. Status of Performance Evaluations (Verbal Report) Staff reported on the status of the District's past-due performance evaluations. The Committee recognized the significant reduction in the number of past-due performance evaluations. 2.4. On-Line Performance Evaluations (Verbal Report) Staff reported on the results of a reference check on NEOGOV's on-line performance evaluation program. The Committee approved this item to be considered during the FY 2013-2014 budget process. 2.5. Status of Recruitments and Budgeted Positions Staff reported on the status of the following recruitments: Maintenance Worker I, Human Resources Technician and Maintenance Distribution Operator II. Applications are being reviewed for both the Maintenance Worker I and Human Resources Technician positions. Eddie Gutierrez was promoted to the Maintenance Distribution Operator II position on December 4, 2012. 1 2.6. Future Agenda Items and Staff Tasks None. 3. ADJOURNMENT 3.1. The meeting was adjourned at 5:15 p.m. The next meeting of the Personnel-Risk Management Committee will be held Tuesday, January 16, 2013 at 4:00 p.m. 2 ITEM NO. 10.5 AGENDA REPORT Meeting Date: December 20, 2012 Subject: Public Affairs-Communications-Technology Committee (Melton/Beverage) • Minutes of meeting held December 3, 2012 at 3:00 p.m. • Minutes of meeting held December 19, 2012 at 4:00 p.m. (To be provided at the next regular Board meeting.) • Meeting scheduled January 7, 2013 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 120312 PACT - Minutes.docx PACT Mtg Minutes 12/03/12 Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PUBLIC AFFAIRS-COMMUNICATIONS-TECHNOLOGY COMMITTEE MEETING December 3, 2012 A meeting of the Public Affairs-Communications-Technology Committee was called to order by Director Melton at 3:00 p.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE STAFF Director Gary T. Melton, Chair Damon Micalizzi, Public Information Officer Director Michael J. Beverage Art Vega, Interim IT Manager 1. PUBLIC COMMENTS None. 2. DISCUSSION ITEMS 2.1. Computerized Maintenance and Management System Project Status Mr. Vega updated the Committee on the status of this project. There is ongoing training with the valve crew, electronic "inboxes" for the sewer crew were created and settings were adjusted to compensate for recent crew changes in operations. Mr. Vega also informed the Committee that he was advised by the Chief Plant Operator that the valve crew had completed over 1,000 valve work orders the previous month which is the month they went live with CMMS. 2.2. Dynamics GP Consultant Status Mr. Vega presented to the Committee the Scope of Work for Negotium for additional services for the HR module in Dynamics GP. The scope includes two phases. Phase I entails support-issue resolution and Phase II entails 3-days onsite HR training. The Committee directed Mr. Vega to proceed with the project and since the money was already budgeted there is no need to seek Board approval. Mr. Vega informed the Committee that pending legal counsel approval, it was anticipated that the work would start in January. 2.3. Bottled Water Label Contest Update Mr. Micalizzi updated the Committee on the latest vote tally for the bottled water contest noting that over 2,000 votes had been cast. The Committee was pleased with the traffic that the contest seemed to be driving to the website. 2.4. Draft Winter Newsletter Mr. Micalizzi presented to the Committee the Draft Winter Newsletter, which was approved by the Committee for print with minor edits. 1 2.5. Signage for Board Room The Committee reviewed the latest proof for Board Room Signage and requested one more proof to include the District's slogan for review at the next meeting. The Committee also discussed placement of the District's Mission and Vision Statements in the lobby. 2.6. Placentia Chamber of Commerce Membership The Committee Discussed joining the Placentia Chamber of Commerce and decided to move forward with the entry level membership. 2.7. Future Agenda Items and Staff Tasks None. 3. ADJOURNMENT 3.1. The meeting was adjourned at 4:50 p.m. The next meeting of the Public Affairs-Communications-Technology Committee will be held Wednesday, December 19, 2012 at 4:00 p.m. 2 ITEM NO. 12.1 AGENDA REPORT Meeting Date: December 20, 2012 Subject: Meetings from December 21 , 2012 - January 31, 2013 ATTACHMENTS: Description: Type: BOD - Activities Calendar.pdf Backup Material Backup Material Board of Directors Activity Calendar Event Date Time Attendance by: December 2012 District Offices Closed Mon, Dec 24 7:OOAM District Offices Closed Tue, Dec 25 7:OOAM January 2013 District Offices Closed Tue, Jan 1 7:OOAM Yorba Linda City Council Tue, Jan 1 6:30PM MWDOC/MWD Workshop Wed, Jan 2 8:30AM OCWD Board Wed, Jan 2 5:30PM Planning-Engineering-Operations Committee Meeting Thu, Jan 3 3:OOPM WACO Fri, Jan 4 7:30AM Pub Affairs-Communications-Tech Committee Meeting Mon, Jan 7 4:OOPM Personnel-Risk Management Committee Meeting Tue, Jan 8 4:OOPM LAFCO Wed, Jan 9 9:OOAM Yorba Linda Planning Commission Wed, Jan 9 7:OOPM Board of Directors Regular Meeting Thu, Jan 10 8:30AM Board of Directors Workshop Meeting Mon, Jan 14 9:OOAM Exec-Admin-Organizational Committee Meeting Tue, Jan 15 4:OOPM Yorba Linda City Council Tue, Jan 15 6:30PM MWDOC Board Wed, Jan 16 8:30AM OCWD Board Wed, Jan 16 5:30PM Joint Committee Meeting with MWDOC and OCWD Tue, Jan 22 4:OOPM Yorba Linda Planning Commission Wed, Jan 23 7:OOPM Board of Directors Regular Meeting Thu, Jan 24 8:30AM Citizens Advisory Committee Meeting Mon, Jan 28 8:30AM Finance-Accounting Committee Meeting Mon, Jan 28 4:OOPM Board of Directors Workshop Meeting Tue, Jan 29 9:OOAM 12/13/2012 10:46:32 AM