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HomeMy WebLinkAbout2016-12-22 - Board of Directors Meeting Agenda Packet AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, December 22, 2016, 8:30 AM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL J. Wayne Miller, President Al Nederhood, Vice President Andrew J. Hall, Director Phil Hawkins, Director Brooke Jones, Director 4. ADDITIONS/DELETIONS TO THE AGENDA 4.1. Third Request for Letter of Support for City of Anaheim’s Prop 1 Stormwater Improvement Grant Application - California Urban Rivers Grant Program Recommendation: That the Board of Directors consider adding this matter to the agenda as Item No. 10.3. as it came to staff's attention subsequent to posting the agenda and requires immediate action. 5. INTRODUCTIONS AND PRESENTATIONS 5.1. Elected Official Liaison Reports 6. 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 three minutes. 7. 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. 7.1. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager 7.2. Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representative: Andrew Gagen, General Counsel Unrepresented Employee: General Manager 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. Proposed Amendments to the General Manager's Employment Agreement Recommendation: That the Board of Directors consider the proposed amendments to the General Manager's Employment Agreement as presented by the Agency's Designated Representative. (The finalized agreement will be provided to the Board for consideration at a future regular meeting.) 9. 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. 9.1. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $1,038,649.11. 9.2. Budget to Actual Statements for the Month Ending November 30, 2016 Recommendation: That the Board of Directors receive and file the Budget to Actual Statements for the Month Ending November 30, 2016 9.3. Cash and Investment Report for Period Ending November 30, 2016 Recommendation: That the Board of Directors receive and file the Cash and Investment Reports for the Month Ending November 30, 2016. 9.4. Hydrogeologic and CEQA Services for Well 22 Drilling and Construction Support Recommendation: That the Board of Directors authorize execution of a Professional Services Agreement with CDM in the amount of $219,135 to provide Hydrogeologic and CEQA Services for Well 22 Drilling and Construction Support. 9.5. Request to File the Notice of Completion for the 2016 Sewer Main CIPP Rehabilitation Project Recommendation: That the Board of Directors authorize staff to file the Notice of Completion for construction of the 2016 Sewer Main CIPP Rehabilitation Project, Job No. J2015-10S. 9.6. District Landscape Contract Recommendation: That the Board of Directors authorize the General Manager to execute a 3-year maintenance contract with Brightview Landscape, Inc. for a total estimated cost of $63,900 (excluding potential costs related to equipment repairs, landscape replacement, and annual OC Consumer Price Index multiplier adjustments). 9.7. Uniform Contract Award Recommendation: That the Board of Directors authorize the General Manager to execute a 3-year supply contract with Aramark Uniform Service for a total estimated cost of $30,370.08 (excluding potential costs related to uniform sizing and replacement and annual OC Consumer Price Index multiplier adjustments). 9.8. Claim for Damages Filed by Kari and Jason Buck Recommendation: That the Board of Directors reject and deny the claim filed by Kari and Jason Buck. 10. ACTION CALENDAR CONTINUED 10.1. Committee, Agency and Intergovernmental Meeting Assignments Recommendation: That the Board of Directors consider the proposed committee, agency and intergovernmental meeting assignments for the next calendar year. 10.2. Well 15 Repairs and Modifications Recommendation: That the Board of Directors authorize the General Manager to approve a purchase order in the amount of $85,506 for repairs and modifications needed for Well 15 to be conducted by Best Drilling and Pump, Inc. 11. DISCUSSION ITEMS This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action of the Board of Directors at the meeting, such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Board of Directors. Time permitting, it is generally in the District’s interest to discuss these more complex matters at one meeting and consider formal action at another meeting. This portion of the agenda may also include items for information only. 11.1. Rescheduling Time of Regular Board Meetings 11.2. Overview of Citizens Advisory Committee 12. REPORTS, INFORMATION ITEMS, AND COMMENTS 12.1. Directors' Reports 12.2. General Manager's Report 12.3. General Counsel's Report 12.4. Future Agenda Items and Staff Tasks 13. COMMITTEE REPORTS 13.1. Interagency Committee with MWDOC and OCWD · Next meeting scheduled January 24, 2017 at 4:00 p.m. 13.2. Joint Agency Committee with City of Yorba Linda · Next meeting yet to be scheduled. 13.3. Interagency Committee with City of Placentia and Golden State Water Company · Next meeting yet to be scheduled. 13.4. Citizens Advisory Committee · Next meeting scheduled January 23, 2017 at 8:30 a.m. 14. INTERGOVERNMENTAL MEETINGS 14.1. WACO - December 9, 2016 (Hawkins) 14.2. YL Planning Commission - December 14, 2016 (Hawkins) 15. BOARD OF DIRECTORS ACTIVITY CALENDAR 15.1. Meetings from December 23, 2016 - January 31, 2017 16. CONFERENCES, SEMINARS, AND SPECIAL EVENTS This section of the agenda is for the Board of Directors to authorize Director attendance at the listed events. 16.1. MWDOC Elected Officials' Forum - January 5, 2017 Recommendation: That the Board of Directors approve Director attendance at this event if desired. 17. 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. 17.1. Conference with Legal Counsel - Existing Litigation Pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9 of the California Government Code Name of Case: Julie Lonsdale vs. Yorba Linda Water District (OC Superior Court - Case No. 00808246) 17.2. Conference with Legal Counsel - Existing Litigation Pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9 of the California Government Code Name of Case: Irvine Ranch Water District vs. Orange County Water District (OC Superior Court - Case No. 00858584) 18. ADJOURNMENT 18.1. A Special Board of Directors meeting has been scheduled Monday, January 9, 2017 at 4:00 p.m. The next Regular Board of Directors Meeting will be held Thursday, January 12, 2017 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. 4.1 AGENDA REPORT Meeting Date: December 22, 2016 Subject:Third Request for Letter of Support for City of Anaheim’s Prop 1 Stormwater Improvement Grant Application - California Urban Rivers Grant Program STAFF RECOMMENDATION: That the Board of Directors consider adding this matter to the agenda as Item No. 10.3. as it came to staff's attention subsequent to posting the agenda and requires immediate action. ATTACHMENTS: Name:Description:Type: Agenda_Report_-_Item_No._10.3.pdf Material Distributed Less Than 72 Hours Prior to the Meeting Backup Material ITEM NO. 10.3 AGENDA REPORT Meeting Date: December 21, 2016 Budgeted: N/A To: Board of Directors Cost Estimate: $0 From: Marc Marcantonio, General Mgr Presented By: Marc Marcantonio, General Mgr Dept: Engineering Reviewed by Legal : N/A Prepared By: Steve Conklin, Engineering Mgr CEQA Compliance: N/A Subject: Third Request for Letter of Support for City of Anaheim’s Prop 1 Stormwater Improvement Grant Application - California Urban Rivers Grant Program SUMMARY: On December 21, 2016, an email was received from City of Anaheim staff requesting a letter of support from YLWD for the City’s Stormwater Improvement Grant Application, California Urban Rivers Grant Program, to the Federal Bureau of Reclamation (BOR), for a project located near Richfield and La Palma. The request asked that the letter of support be provided to the City of Anaheim before the January 9, 2017 grant deadline. STAFF RECOMMENDATION: That the Board of Directors review the attached draft letter of support, provide any necessary revisions, and direct the General Manager to execute and forward it to the City of Anaheim. DISCUSSION: In a December 21, 2016 email from Anaheim staff, it was requested that YLWD support the City’s Prop 1 Stormwater Improvement Grant Application, for a project located near Richfield and La Palma. The email states that the project will help alleviate flooding in the area, and will contribute to the reliability of the local groundwater supply by diverting stormwater to OCWD recharge facilities that is normally lost to the Santa Ana River and the ocean. In the e-mail, they thanked YLWD for its September 2016 letter of support for this project that was sent to the State Natural Resources Agency. The City was successful in receiving grant funding from the State and is now pursuing matching grant funding from the Federal BOR for which letters of support are requested. Anaheim provided a template from which the attached draft letter was prepared. Material Distributed Less Than 72 Hours Prior to the Meeting PRIOR RELEVANT BOARD ACTION(S): On September 22, 2016 and June 23, 2016 the Board of Directors approved two letters of support related to this matter addressed to the Natural Resources Agency and the State Water Resources Control Board respectively. ATTACHMENTS: Draft Letter of Support Material Distributed Less Than 72 Hours Prior to the Meeting December 22, 2016 Ms. Rupal Shah Grants Management Specialist Bureau of Reclamation Financial Assistance Operations Section Mail Code: 84-27852 P.O. Box 25007 Denver, CO 80225 Subject: City of Anaheim’s BOR WaterSmart: Water and Energy Efficiency Grant Program Application Dear Ms. Shah: Yorba Linda Water District (YLWD) is pleased to support the City of Anaheim’s WaterSmart Grant Program application for the La Palma and Richfield Storm Water Sustainability Improvement Project. The proposed project includes the installation of a diversion system that will transport storm water and dry weather runoff from the project area to Orange County Water District’s (OCWD) Foster- Huckleberry Recharge Basin, keeping valuable water in YLWD’s service areas. YLWD serves residents in Yorba Linda and portions of Anaheim, Placentia, Brea, and in areas of unincorporated Orange County. YLWD utilizes wells partially supplied by the Foster-Huckleberry Basin. Currently, storm water from the La Palma and Richfield area flows overland through a deficient concrete-lined storm drain system into the Santa Ana River, resulting in a significant amount of storm water being lost to the Pacific Ocean. The proposed project will divert water into the OCWD’s recharge basin, which has the capacity for a 25-year storm event. This basin would allow the storm water to slowly percolate into the groundwater (the source of the majority of North Orange County’s drinking water supply), thereby naturally filtering and purifying it. In addition, the energy savings associated with this project will increase energy efficiency in the City’s water management. YLWD recognizes the importance of capturing and infiltrating storm water, particularly as changes in climate continue to severely impact rainfall in the Southern California region. We urge you to support Anaheim’s efforts to replenish ground water resources and improve water quality in our community. Sincerely, Marc Marcantonio General Manager Material Distributed Less Than 72 Hours Prior to the Meeting ITEM NO. 9.1 AGENDA REPORT Meeting Date: December 22, 2016 Budgeted:Yes To:Board of Directors Cost Estimate:$1,038,649.11 Funding Source:All Funds From:Marc Marcantonio, General Manager Presented By:Delia Lugo, Finance Manager Dept:Finance Reviewed by Legal:N/A Prepared By:Richard Cabadas, Accounting Assistant I CEQA Compliance:N/A 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 $1,038,649.11. DISCUSSION: The major items on this disbursement list are as follows: A wire of $339.65 to So. California Edison for November 2016 electricity charges at multiple locations; a wire of $7,921.37 to So. California Gas Co. for November 2016 gas charges at multiple locations; and a wire of $550,051.92 to MWDOC for October 2016 water purchases. The balance of $209,988.84 is routine invoices. The Accounts Payable check register total is $768,301.78; Payroll No. 24 total is $270,347.33; and the disbursements of this agenda report are $1,038,649.11. 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: 16-CS_1222.pdf CAP SHEET Backup Material CkReg122216.pdf CHECK REGISTER Backup Material 16_CC_1222.pdf CREDIT CARD SUMMARY Backup Material December 22, 2016 CHECK NUMBERS & WIRES: Computer Checks 68824—68897 $ 209,988.84 ____________ $ 209,988.84 WIRES: W 121216 So. Cal Edison $ 339.65 W121416 So. California Gas Co. $ 7,921.37 W121516 So. Cal Edison $ 550,051.92 ____________ $ 558,312.94 TOTAL OF CHECKS & WIRES $768,301.78 PAYROLL NO. 24: Direct Deposits $ 168,920.18 Third Party Checks 6553—6560 $ 53,166.43 Payroll Taxes $ 48,260.72 $ 270,347.33 TOTAL OF PAYROLLS $270,347.33 ---------------------------------------------------------------------------------------------------------------------- DISBURSEMENT TOTAL: $1,038,649.11 ================================================================== APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF December 22, 2016 ==================================================================. Check No.Date Vendor Name Amount Description 68837 12/22/2016 A Plus Awards By Dewey 79.92 NAME PLATES - BOARD OF DIRECTORS 68835 12/22/2016 Alternative Hose Inc.114.62 EQUIPMENT MAINTENANCE - #E185 68836 12/22/2016 Annie Alexander 477.32 TRAVEL EXPENSE - CSDA CONFERENCE 68838 12/22/2016 Aqua-Metric Sales Co.31,070.70 WAREHOUSE STOCK 68839 12/22/2016 Aramark 602.63 UNIFORM SERVICE 68840 12/22/2016 Archie's Towing 187.50 VEHICLE TOW SERVICE - #210 68834 12/22/2016 ARDIA AND ASSOCIATES 435.22 CUSTOMER REFUND 68841 12/22/2016 Association of California Cities - Orange 20.00 ACC-OC WATER COMMITTEE - REGISTRATION 68842 12/22/2016 Bay Air Systems, Inc.13,820.00 IT - ULTRA SONIC HUMIDIFIER 68843 12/22/2016 Best Drilling and Pump, Inc.4,680.00 WELL PUMP MAINTENANCE 68844 12/22/2016 Burtech Pipeline, Inc.17,458.86 J15-10S - 2016 SEWER MAIN REHABILITATION - PROGRESS PAYMENT #04 68851 12/22/2016 C. Wells Pipeline 2,164.01 TOOLS & EQUIPMENT 68845 12/22/2016 CA Assn of Sanitation Agencies 4,285.00 MEMBERSHIP RENEWAL - CASA FY 2017 68846 12/22/2016 CalCard US Bank 8,299.51 CREDIT CARD TRANSACTIONS FOR NOVEMBER & DECEMBER 2016 68847 12/22/2016 Car Chem Solutions LLC 308.45 FLEET MAINTENANCE - CAR WASH SOAP 68848 12/22/2016 CDW Government, Inc 734.40 VIRTUAL SERVER UPGRADE 68849 12/22/2016 City Of Placentia 3,475.65 SEWER FEES - NOVEMBER 2016 68850 12/22/2016 Construction Mgt Assn of America 120.00 CMAA MEMBERSHIP - PALOMINO, J 68878 12/22/2016 County of Orange 20.00 LANDFILL FEES 68852 12/22/2016 Dell Marketing L.P.2,616.51 COMPUTER EQUIPMENT - DESKTOPS (3) 68853 12/22/2016 Delta Wye Electric, Inc.1,029.22 REPAIR - LAKEVIEW PUMP STATION 68832 12/22/2016 DLY LOGISTICS INC 107.22 CUSTOMER REFUND 68854 12/22/2016 Dunweizer Fabrication, Inc.118.80 J09-22#21 - MATERIAL - RINGS EZ WAY 68855 12/22/2016 Eisel Enterprises, Inc.786.24 J15-01 - METER BOX, LID & COVER 68856 12/22/2016 Enthalpy Analytical, Inc.3,403.90 WATER QUALITY - NOVEMBER 2016 68857 12/22/2016 eSecurity Solutions, LLC 2,215.00 HARDWARE SUBSCRIPTION RENEWAL 68858 12/22/2016 EyeMed 1,330.88 EYE MED - DECEMBER 2016 68859 12/22/2016 Flex Advantage 108.00 FLEX ADVANTAGE - NOVEMBER 2016 68860 12/22/2016 Fry's Electronics 15.10 IT HARDWARE SUPPLIES - CABLING 68861 12/22/2016 Government Finance Officers 180.00 REGISTRATION FEE - GFOA 68862 12/22/2016 Graybar Electric Co 2,598.71 MAINTENANCE SUPPORT & PRP LEVEL 2 TRAINING 68863 12/22/2016 Haaker Equipment Co.2,808.72 TOOLS & EQUIPMENT 68864 12/22/2016 Harrington Industrial 1,603.61 PRODUCTION REPAIR PARTS 68865 12/22/2016 Hydrex Pest Control 175.00 PEST CONTROL SERVICE 68866 12/22/2016 Infosend Inc.8,274.16 POSTAGE BILLING - MONTHLY FEE 68867 12/22/2016 Jackson's Auto Supply - Napa 219.66 VEHICLE MAINTENANCE - UNIT 145 68825 12/22/2016 JANICE ASHMORE 13.51 CUSTOMER REFUND 68868 12/22/2016 JM Justus Fence Company 375.00 GATE SERVICE - SO. RICHFIELD GATE 68896 12/22/2016 Kidman Law 20,430.75 LEGAL SERVICES 68870 12/22/2016 LPR-Laser Printer Repair Co 95.00 BROTHER 9970 SERVICE CALL 68871 12/22/2016 Managed Health Network 171.00 EAP - DECEMBER 2016 68872 12/22/2016 Mc Fadden-Dale Hardware 278.63 HARDWARE SUPPLIES 68873 12/22/2016 Mobile Industrial Supply 55.47 WELDING SUPPLIES 68897 12/22/2016 Municipal Water District 596.00 REBATE REIMBURSEMENT - TURF REPLACEMENT PROGRAM W121516 12/15/2016 Municipal Water District 550,051.92 WATER PURCHASE - OCTOBER 2016 68829 12/22/2016 NATALIE COOKE 12.89 CUSTOMER REFUND 68875 12/22/2016 Nickey Kard Lock Inc 4,152.56 FUEL - 11/15/16 - 11/30/16 68876 12/22/2016 Office Solutions 2,657.37 OFFICE SUPPLIES & TONER 68877 12/22/2016 Orange County Register 672.00 LEGAL PUBLIC REQUEST - BID REQUEST 68879 12/22/2016 Plumbers Depot Inc.171.25 TOOLS & EQUIPMENT 68880 12/22/2016 Plumbing And Industrial Supply 8.15 HARDWARE SUPPLIES 68881 12/22/2016 Powerstride Battery 318.88 (2) BATTERIES - VALLEYVIEW 68882 12/22/2016 Praxair Distribution 159.02 WELDING SUPPLIES 68826 12/22/2016 PREEMINENT INVESTMENT CORP 400.35 CUSTOMER REFUND 68883 12/22/2016 Quinn Company 9,571.43 WELL 1 MAINTENANCE 68885 12/22/2016 Rachel Padilla/Petty Cash 309.53 PETTY CASH - O120616 & O121216 68827 12/22/2016 REXFORD INDUSTRIAL REALTY. L.P 438.85 CUSTOMER REFUND 68830 12/22/2016 RYAN RISETTER 86.04 CUSTOMER REFUND 68884 12/22/2016 Schorr Metals, Inc.43.85 J09-22#21 - MATERIAL Yorba Linda Water District Check Register For Checks Dated: 12/09/2016 thru 12/22/2016 68831 12/22/2016 SOCAL REMOVAL 947.60 CUSTOMER REFUND W121216 12/12/2016 Southern Calif Edison Co.339.65 ELECTRICITY CHARGES - MULTIPLE LOCATIONS - NOVEMBER 2016 W121416 12/14/2016 Southern Calif Gas Co.7,921.37 GAS CHARGES - MULTIPLE LOCATIONS - NOVEMBER 2016 68888 12/22/2016 St.Jude Hospital Yorba Linda 145.00 EXAM - DOT PHYSICAL 68886 12/22/2016 Stantec Consulting Services In 505.00 J09-22#21 & J14-23 - CONSULTING - WELL 21 & RICHFIELD PIPELINE 68887 12/22/2016 Step Saver Inc 513.79 COARSE SALT 68889 12/22/2016 SWRCB 2,088.00 ANNUAL PERMIT FEE 68828 12/22/2016 SYN-MAR ASSOC.97.78 CUSTOMER REFUND 68869 12/22/2016 The Lighthouse Inc.766.58 LED LIGHTBAR - #212 & 213 68824 12/22/2016 TOLL BROTHERS INC 735.00 CUSTOMER REFUND 68890 12/22/2016 Underground Service Alert 262.50 DIGALERT - NOVEMBER 2016 68891 12/22/2016 United Industries 738.74 PPE EQUIPMENT & BREAKROOM SUPPLIES 68892 12/22/2016 United Water Works, Inc.15,352.27 WAREHOUSE STOCK 68893 12/22/2016 West Coast Safety Supply Co 1,266.26 SEWER MAIN REPAIR PARTS 68874 12/22/2016 Wonderware West 25,807.08 PREMIUM SUPPORT RENEWAL - 2017 68833 12/22/2016 YANHONG LU 210.62 CUSTOMER REFUND 68894 12/22/2016 Yorba Linda Hardware 30.57 HARDWARE SUPPLIES 68895 12/22/2016 Yorba Linda Water District Employee 3,560.00 YLWD EA DUE - PR 18 - 24 768,301.78 Date Vendor Name Amount Description 11/10/2016 Westside Building Material 314.09 Tools & equipment 11/21/2016 Lampost Pizza 37.72 Finance supervisors lunch meeting - (5 attendees) 11/21/2016 GM Parts Center 82.53 Vehicle maintenance - Unit 212 11/23/2016 Inland Group 575.00 Winter 2016 Draft Newsletters 11/28/2016 SCIE-ARMA 60.00 SCIE-ARMA chapter meeting - Knight & Millen 11/28/2016 Party City 138.79 Supplies - Operations building 11/28/2016 Target 118.66 Supplies - Operations building 11/29/2016 Best Buy 755.98 IT equipment - Samsung S3 supplies 11/29/2016 Plumbing & Industrial Supply 18.34 Plumbing repair parts 11/30/2016 Staples 93.88 Office supplies 12/1/2016 Newegg.com 73.53 (15) Kingston 8GB USB flash drives 12/1/2016 Public Agency Risk Managers Assoc.350.00 2017 PARMA Conference - Knight, G 12/1/2016 First Aid Supplies Online 954.41 First aid restock - Fleet vehicles 12/5/2016 Hirsch Pipe 2,010.18 Water heater replacement - Admin building 12/5/2016 Grainger 180.85 Material - round bar 12/6/2016 Home Depot 125.13 Shop supplies - absorbent barriers 12/6/2016 Orchard Supply Hardware 70.28 Water heater supplies - Adming building 12/6/2016 Lomeli Photography 500.00 Board member photo session 12/6/2016 ARMA International 499.00 ARMA Record keeping training - Millen, M 12/7/2016 Komatsu Forklift 129.14 Forklift repair - master cylinder 12/7/2016 ABPA 80.00 ABPA membership renewal 12/7/2016 Dan Copp Crushing 432.00 Class II ROAD BASE 12/8/2016 Dan Copp Crushing 400.00 Disposal of road material 12/8/2016 Lomeli Photography 300.00 CD & retouching of photo session 8,299.51 Cal Card Credit Card U S Bank 11/10/16 - 12/08/16 ITEM NO. 9.2 AGENDA REPORT Meeting Date: December 22, 2016 To:Board of Directors From:Marc Marcantonio, General Manager Presented By:Delia Lugo, Finance Manager Dept:Finance Prepared By:Kelly McCann, Senior Accountant Subject:Budget to Actual Statements for the Month Ending November 30, 2016 SUMMARY: Presented is the Budget to Actual Statements for the Month Ending November 30, 2016 STAFF RECOMMENDATION: That the Board of Directors receive and file the Budget to Actual Statements for the Month Ending November 30, 2016 DISCUSSION: For the month ending November 30, 2016, staff is presenting Budget to Actual Statements for the District as a whole, as well as the individual Water and Sewer Funds. As reported through November 30, 2016, the Total Water Operating Revenue, as presented, is 49.77% of annual budget. Variable Water Costs are 47.49% and Total Water Operating Costs is 42.83% of their respective annual budgets. The majority of Supplies and Services expenses for the Water Fund are below budget except for Dues & Memberships, Materials, and Utilities due to previous month reported reasons. Other Non-Operating Revenue is lower than the budget due to the loss on investments with the fair market value decrease, while Interest Revenue is above annual budget due to the increase in interest rates for the Water Funds' investments. Total Sewer Operating Revenue is 40.74% and Total Sewer Operating Costs is 32.04% of their respective annual budgets. Other Non-Operating Revenue is at a lower percentage compared to October 2016 due to the loss on investments with the fair market value decrease. Vehicle Equipment expenses are above budget due to the repair costs associated with sewer vehicles. STRATEGIC PLAN: FR 1-F: Continue to Record and Report the Fairly Stated Financial Activities of the District in a Timely and Transparent Manner to the Board of Directors and Member Agencies ATTACHMENTS: Name:Description:Type: Consolidated_Budget_to_Actual_Statement.xlsx Consolidated Budget to Actual Statement Backup Material November_2016_Water_Statement.xlsx Water Budget to Actual Statement Backup Material November_2016_Sewer_Statement.xlsx Sewer Budget to Actual Statement Backup Material Yorba Linda Water District Summary Financial Report Consolidated Budget to Actual Statement For the Month Ending November 30, 2016 Annual YTD Nov YTD YTD YTD YTD Budget Budget Actual Actual Under(Over)% of % of YTD FY 2017 FY 2017 FY 2017 FY 2017 Budget Budget Budget Revenue (Operating): Water Revenue (Residential) $13,907,406 $7,155,360 $1,368,494 $7,081,629 6,825,777 50.92% 98.97% Water Revenue (Commercial & Fire Det.) 1,874,818 $964,594 176,242 868,338 1,006,481 46.32% 90.02% Water Revenue (Landscape/Irrigation) 2,998,777 $1,542,871 376,242 1,992,641 1,006,136 66.45% 129.15% Water Revenue (Service Charge) 10,036,923 4,357,697 830,568 4,310,097 5,726,826 42.94% 98.91% Sewer Charge Revenue 1,852,837 772,015 158,268 784,963 1,067,874 42.37% 101.68% Locke Ranch Assessments 198,400 82,667 19,608 19,950 178,450 10.06% 24.13% Other Operating Revenue 654,825 272,844 74,512 444,099 210,726 67.82% 162.77% Total Operating Revenue: 31,523,986 15,148,048 3,003,934 15,501,717 16,022,269 49.17% 102.33% Revenue (Non-Operating): Interest 115,000 47,917 33,778 128,131 (13,131) 111.42% 267.40% Property Tax 1,450,000 167,910 159,642 205,870 1,244,130 14.20% 122.61% Other Non-Operating Revenue 616,525 256,885 (43,815) 119,055 497,470 19.31% 46.35% Total Non-Operating Revenue: 2,181,525 472,712 149,605 453,056 1,728,469 20.77% 95.84% Total Revenue 33,705,511 15,620,760 3,153,539 15,954,773 17,750,738 47.34%102.14% Expenses (Operating): Variable Water Costs (G.W., Import & Power) 13,179,477 6,912,208 959,213 6,258,284 6,921,193 47.49% 90.54% Salary Related Expenses 9,253,623 4,129,634 663,882 3,648,029 5,605,594 39.42%88.34% Supplies & Services 4,969,229 2,064,312 264,120 1,658,464 3,310,765 33.37% 80.34% Total Operating Expenses 27,402,329 13,106,154 1,887,215 11,564,777 15,837,552 42.20% 88.24% Expenses (Non-Operating): Interest on Long Term Debt 1,721,884 717,452 130,618 685,116 1,036,768 39.79% 95.49% Other Expense 23,000 9,583 (765) 10,748 12,252 46.73% 112.15% Total Non-Operating Expenses: 1,744,884 727,035 129,853 695,864 1,049,020 39.88% 95.71% Total Expenses 29,147,213 13,833,189 2,017,068 12,260,641 16,886,572 42.06%88.63% Net Income (Loss) Before Capital Contributions 4,558,298 1,787,572 1,136,471 3,694,132 864,166 81.04%206.66% Capital Contributions - - - 674,990 674,990 - - Net Income (Loss) Before Depreciation 4,558,298 1,787,572 1,136,471 4,369,122 1,539,156 95.85%244.42% Depreciation & Amortization 7,561,272 3,150,530 594,879 2,967,151 4,594,121 39.24% 94.18% Total Net Income (Loss)($3,002,974)($1,362,958)$541,592 $1,401,971 ($4,404,945)-46.69%-102.86% (15,466) (99,096) Yorba Linda Water District Budget to Actual Statement - Water Fund For the Month Ending November 30, 2016 Annual YTD Nov YTD YTD YTD YTD Budget Budget Actual Actual Under(Over)% of Annual % of YTD FY 2017 FY 2017 FY 2017 FY 2017 FY Budget Budget Budget Revenue (Operating): Water Revenue (Residential)$13,907,406 $7,155,360 $1,368,494 $7,081,629 6,825,777 50.92%98.97% Water Revenue (Commercial & Fire Det.)1,874,818 964,594 176,242 868,338 1,006,480 46.32%90.02% Water Revenue (Landscape/Irrigation)2,998,777 1,542,871 376,242 1,992,641 1,006,136 66.45%129.15% Water Revenue (Service Charge)10,036,923 4,357,697 830,568 4,310,097 5,726,826 42.94%98.91% Other Operating Revenue 617,654 257,356 63,952 398,226 219,428 64.47%154.74% Total Operating Revenue:29,435,578 14,277,878 2,815,498 14,650,931 14,784,647 49.77%102.61% Revenue (Non-Operating): Interest 100,000 41,667 31,911 115,843 (15,843) 115.84%278.02% Property Tax 1,450,000 167,910 159,642 205,871 1,244,129 14.20% 122.61% Other Non-Operating Revenue 604,600 251,917 (35,268) 69,023 535,577 11.42%27.40% Total Non-Operating Revenue:2,154,600 461,493 156,285 390,737 1,763,863 18.14%84.67% Total Revenue 31,590,178 14,739,372 2,971,783 15,041,668 16,548,510 47.62% 102.05% Expenses (Operating): Variable Water Costs (G.W., Import & Power)13,179,477 6,912,208 959,213 6,258,284 6,921,193 47.49%90.54% Salary Related Expenses 8,279,036 3,704,379 590,532 3,263,730 5,015,306 40.52%88.10% Supplies & Services: Communications 242,840 89,100 7,156 85,901 156,939 35.37%96.41% Contractual Services 479,560 199,817 18,022 157,646 321,914 32.87%78.90% Data Processing 245,351 102,230 14,853 69,133 176,218 28.18%67.63% Dues & Memberships 88,878 63,565 6,901 63,113 25,765 71.01%99.29% Fees & Permits 234,630 97,763 14,328 73,853 160,777 31.48%75.54% Board Election 228,780 74,400 - 72,539 156,241 31.71%97.50% Insurance 266,296 110,957 19,669 100,351 165,945 37.68% 90.44% Materials 724,812 302,005 68,389 354,262 370,550 48.88%117.30% District Activities, Emp Recognition 27,017 11,257 897 4,390 22,628 16.25%38.99% Maintenance 393,245 163,852 9,234 102,207 291,038 25.99%62.38% Non-Capital Equipment 158,364 65,985 6,937 41,339 117,025 26.10%62.65% Office Expense 40,216 16,757 2,871 10,997 29,219 27.34%65.63% Professional Services 562,720 234,467 41,347 189,120 373,600 33.61%80.66% Training 69,299 28,875 1,950 11,816 57,483 17.05%40.92% Travel & Conferences 111,263 46,359 3,320 20,500 90,763 18.42%44.22% Uncollectible Accounts 32,550 13,562 324 4,765 27,784 14.64%35.14% Utilities 116,250 48,437 9,180 54,326 61,923 46.73%112.16% Vehicle Equipment 322,916 134,548 11,099 114,266 208,650 35.39%84.93% Supplies & Services Sub-Total 4,344,986 1,803,935 236,477 1,530,524 2,814,461 35.23%84.84% Total Operating Expenses 25,803,499 12,420,522 1,786,222 11,052,538 14,750,960 42.83%88.99% Expenses (Non-Operating): Interest on Long Term Debt 1,721,884 717,452 130,618 685,116 1,036,768 39.79%95.49% Other Expense 23,000 9,583 (765) 12,852 10,148 55.88%134.11% Total Non-Operating Expenses:1,744,884 727,035 129,853 697,968 1,046,916 40.00%96.00% Total Expenses 27,548,383 13,147,557 1,916,075 11,750,506 15,797,877 42.65%89.37% Net Income (Loss) Before Capital Contributions 4,041,795 1,591,815 1,055,708 3,291,161 750,634 81.43%206.76% Capital Contributions - - - 351,960 (351,960) - - Net Income (Loss) Before Depreciation 4,041,795 1,591,815 1,055,708 3,643,121 398,674 90.14%228.87% Depreciation & Amortization 6,198,432 2,582,680 483,506 2,412,113 3,786,319 38.91%93.40% Total Net Income (Loss)(2,156,637) (990,865) 572,202 1,231,008 (3,387,645) -57.08%-124.24% Capital - Direct Labor (14,329)(91,329) Yorba Linda Water District Budget to Actual Statement - Sewer Fund For the Month Ending November 30, 2016 Annual YTD Nov YTD YTD YTD YTD Budget Budget Actual Actual Under(Over)% of Annual % of YTD FY 2017 FY 2017 FY 2017 FY 2017 Budget Budget Budget Revenue (Operating): Sewer Charge Revenue $1,852,837 $772,015 $158,268 $784,963 1,067,874 42.37% 101.68% Locke Ranch Assessments 198,400 82,667 19,608 19,950 178,450 10.06% 24.13% Other Operating Revenue 37,171 15,488 10,560 45,872 (8,701) 123.41% 296.18% Total Operating Revenue: 2,088,408 870,170 188,436 850,785 1,237,623 40.74% 97.77% Revenue (Non-Operating): Interest 15,000 6,250 1,867 12,288 2,712 81.92% 196.60% Other Non-Operating Revenue 11,925 4,969 (8,547) 50,032 (38,107) 419.56% 1006.94% Total Non-Operating Revenue: 26,925 11,219 (6,680) 62,320 (35,395) 231.46% 555.50% Total Revenue 2,115,333 881,389 181,756 913,105 1,202,228 43.17%103.60% Expenses (Operating): Salary Related Expenses 974,587 425,255 73,350 384,299 590,288 40.23% 90.37% Supplies & Services: Communications 16,085 6,702 539 4,277 11,809 26.59% 63.81% Contractual Services 78,705 32,794 1,319 11,333 67,372 14.40% 34.56% Data Processing 18,358 7,649 1,118 5,331 13,027 29.04% 69.69% Dues & Memberships 6,907 4,729 519 4,750 2,157 68.77% 100.45% Fees & Permits 16,795 6,998 1,734 4,345 12,450 25.87%62.09% Board Election 17,220 5,600 - 5,460 11,760 31.71% 97.50% Insurance 20,044 8,352 1,480 7,553 12,491 37.68%90.44% Materials 104,688 43,620 1,059 13,241 91,447 12.65% 30.36% District Activities, Emp Recognition 2,034 848 68 330 1,704 16.23% 38.95% Maintenance 171,585 71,494 7,282 19,215 152,370 11.20% 26.88% Non-Capital Equipment 36,687 15,286 1,251 4,830 31,857 13.17% 31.60% Office Expense 2,884 1,202 216 828 2,057 28.69% 68.86% Professional Services 35,280 14,700 1,231 7,776 27,504 22.04% 52.90% Training 7,786 3,244 104 1,591 6,195 20.44% 49.05% Travel & Conferences 13,702 5,709 245 1,407 12,295 10.27%24.64% Travel & Conferences 13,702 5,709 245 1,407 12,295 10.27%24.64% Uncollectible Accounts 2,450 1,021 56 859 1,591 35.07% 84.17% Utilities 9,550 3,979 748 4,368 5,182 45.74% 109.77% Vehicle Equipment 63,484 26,451 8,671 30,444 33,040 47.96% 115.09% Supplies & Services Sub-Total 624,243 260,377 27,640 127,938 496,305 20.49% 49.14% Total Operating Expenses 1,598,830 685,632 100,990 512,237 1,086,593 32.04% 74.71% Expenses (Non-Operating): Interest Expense - - - - - - - Other Expense - - - (2,104) 2,104 - - Total Non-Operating Expenses: - - - (2,104) 2,104 0.00% 0.00% Total Expenses 1,598,830 685,632 100,990 510,133 1,088,697 31.91%74.40% Net Income (Loss) Before Capital Contributions 516,503 195,756 80,766 402,972 113,531 78.02%205.85% Capital Contributions - - - 323,030 (323,030) - - Net Income (Loss) Before Depreciation 516,503 195,756 80,766 726,002 (209,499) 140.56%370.87% Depreciation & Amortization 1,362,840 567,850 111,373 555,038 807,802 40.73% 97.74% Total Net Income (Loss)(846,337) (372,094) (30,607) 170,964 (1,017,301) -20.20%-45.95% Capital - Direct Labor (1,136) (7,767) ITEM NO. 9.3 AGENDA REPORT Meeting Date: December 22, 2016 To:Board of Directors From:Marc Marcantonio, General Manager Presented By:Delia Lugo, Finance Manager Dept:Finance Prepared By:Kelly McCann, Senior Accountant Subject:Cash and Investment Report for Period Ending November 30, 2016 SUMMARY: Government Code Section 530607, et. seq., requires the person delegated to invest funds to make monthly report of investments to the legislative body. STAFF RECOMMENDATION: That the Board of Directors receive and file the Cash and Investment Reports for the Month Ending November 30, 2016. DISCUSSION: The Cash & Investment Portfolio Report presents the market value and percent yield for all District investments by institution. The Cash & Investment Report Summary includes budget and actual interest and average term portfolio information as well as market value broken out by reserve categories. In complying with GASB Statement No. 72, the Fair Value Measurements Report utilizes the "market approach" to categorize investments within the fair value hierarchy established by generally accepted accounting principles. The total average yield on investments for the month ending November 30, 2016 is 0.96%. The overall increase in the total investment balance from that reported in the previous month is approximately $878,000. Larger balance changes include increases in the Water Operating Fund of $1,417,262 and in the Sewer Operating Fund of $37,276, primarily due to a positive net effect between operating revenues and expenses through the reporting month. The Water Capital Project Reserve Fund has decreased by $581,118 due to the District's Pay-As-You-Go status for expenses pertaining to capital improvement projects and other related capital purchases. The Conservation Reserve Fund has decreased by $22,952 for eligible conservation related costs. STRATEGIC PLAN: FR 1-F: Continue to Record and Report the Fairly Stated Financial Activities of the District in a Timely and Transparent Manner to the Board of Directors and Member Agencies ATTACHMENTS: Name:Description:Type: Invst_Rpt_11-16.xlsx Cash and Investments Report for the Month Ending Backup Material November 30, 2016 Invst_Agenda_Backup_-_November_2016.xlsx Cash and Investments Summary Report - November 30, 2016 Backup Material Fair_Value_Measurement_Report_11-16.xlsx Fair Value Measurement Report for the Month Ending November 30, 2016 Backup Material Market %Date of Percent Value Par of Total Institution Maturity Yield Checking Account: 626,007$ 626,007$ Wells Fargo Bank 31,227 31,227 Pershing 657,234$ 657,234$ 1.82% Total 0.00% Money Market Accounts: 46,088$ 46,088 US Bank (Revenue Bonds) 0.10% 552,452 552,452 Bank of the West 0.08% 598,540$ 598,540$ 1.66% Total 0.08% Federal Agency Securities: 497,750$ 500,000 Federal Home Loan Bank 06/12/18 1.00% 499,710$ 500,000 Federal Home Loan Bank 06/13/18 1.10% 493,950$ 500,000 Federal Home Loan Bank 11/26/19 1.36% 2,117,030$ 2,124,676$ Federal Home Loan Bank 05/24/17 0.87% 3,608,440$ 3,624,676$ 10.02% Total 0.99% Certificates of Deposits: 249,009$ 248,000$ CIT Bank, Salt Lake 05/22/18 1.19% 249,448$ 248,000 Discover 05/22/18 1.19% 249,009$ 248,000 Goldman Sachs Bank 05/22/18 1.19% 249,560$ 248,000 Beal Bank 05/23/18 0.99% 250,379$ 247,000 Barclays Bank 04/30/18 0.98% 249,771$ 248,000 State Bank of India 05/14/18 1.14% 248,970$ 249,000 Webster Bank 05/03/18 0.90% 249,520$ 248,000 American Express Centurion Bank 05/23/18 1.19% 248,645$ 248,000 GE Capital Bank 05/24/18 1.09% 249,159$ 249,000 Merrick Bank 05/24/17 0.74% 248,340$ 248,000 BMW Bank 05/24/17 0.89% 249,117$ 249,000 Oriental Bank & Trust 05/29/18 1.04% 249,115$ 249,000 Silvergate Bank 05/30/18 0.99% Yorba Linda Water District Cash & Investment Portfolio Report November 30, 2016 249,269$ 249,000 Enterprise Bank & TR Co Lowell 05/30/18 0.99% 249,311$ 249,000 Safra National Bank 05/31/18 0.99% 248,265$ 248,000 Townebank Portsmouth 05/31/18 0.99% 249,107$ 249,000 Mascoma Savings Bank 05/29/18 0.99% 100,512$ 100,000 Ally Bank Midvale Utah 12/11/17 1.54% 200,320$ 200,000 World's Foremost Bk Sydney 05/28/19 1.29% 249,319$ 248,000 Capital One Bk USA Natl Assn 05/13/19 1.19% 250,357$ 249,000 Comenity Cap Bk Salt Lake City 06/30/21 1.64% 247,797$ 248,000 EnerBank USA Salt Lake City 08/26/20 1.30% 248,030$ 248,000 EverBank Jacksonville Fla CTF 08/30/19 1.14% 179,942$ 180,000 HSBC BK USA, NA MC Clean CTF 08/31/21 1.25% 247,474$ 248,000 Wells Fargo Bank NA Sioux Falls D 08/31/21 1.60% 5,959,747$ 5,943,000$ 16.55% Total 1.12% Pooled Investment Accounts: 6,355,997$ 6,355,997$ Local Agency Investment Fund 0.68% 516,231 516,742 CalTRUST Short Term 0.88% 18,316,809 18,391,516 CalTRUST Medium Term 1.07% 25,189,037$ 25,264,255$ 69.94%0.97% 36,012,997$ 36,087,705$ 100% Total Investments 0.96% Per Government Code requirements, the Investment Report is in compliance with the Yorba Linda Water District's Investment Policy, and there are adequate funds available to meet budgeted and actual expenditures for the next six months. 11/30/16 ________________________________ Kelly D. McCann, Senior Accountant Below is a chart summarizing the yields as well as terms and maturities for the month of November 2016: Average # of Month Portfolio Days to of 2016 Yield Maturity November 0.96% 177 Below are charts comparing operating fund interest for current and prior fiscal years. Actual Interest 11/30/2015 11/30/2016 Monthly - November 27,739$ 33,778$ Year-to-Date 88,212$ 128,131$ Budget 2015/2016 2016/2017 Interest Budget, November YTD 38,750$ 47,917$ Interest Budget, Annual 93,000$ 115,000$ Interest earned on investments is recorded in the fund that owns the investment. The distribution of investments in the portfolio both in dollars and as a percentage of the total portfolio by funds is as follows: Total of $36 million in cash and investments which is split between minimum reserve requirements and what is available to meet current year obligations (operating costs, debt service, capital costs). Reserve Cash and Requirements Investments October 2016 % Alloc November 2016 % Alloc "Conditional Available for Fund Description Balance 10/31/2016 Balance 11/30/2016 Use" CY Obligations Water Operating Reserve 4,468,757$ 12.95% 5,913,845$ 16.71% 4,132,257$ 2,149,809 Water Emergency Reserve 1,043,789 3.02%1,044,115 2.95%1,042,888 1,227 Cash & Investment Summary Report Cash & Investment Summary Comparison Between Current and Previous Month Water Emergency Reserve 1,043,789 3.02%1,044,115 2.95%1,042,888 1,227 Water Capital Project Reserve 17,945,206 51.99% 17,364,088 49.07% 1,820,000 15,544,088 Water Reserve for Debt Service 2,768,993 8.02% 2,760,432 7.80% 2,723,509 36,923 Maintenance Reserve 200,884 0.58% 200,884 0.57% 200,000 884 Water Employee Liability Reserve 371,990 1.08% 371,986 1.05% 372,000 (14) Conservation Reserve 1,483,831 4.30% 1,460,879 4.13% 0 1,460,879 COP Revenue Bond 2008 - Reserve 2,145,767 6.22% 2,163,118 6.11% 2,147,096 16,022 Sewer Operating Reserve 206,084 0.60% 205,721 0.58% 239,825 223,682 Sewer Emergency Reserve 998,804 2.89% 996,576 2.82% 1,000,000 (3,424) Sewer Employee Liability Reserve 28,088 0.08% 28,088 0.08% 28,000 88 Sewer Capital Project Reserve 2,855,755 8.27% 2,877,258 8.13% 345,000 2,532,258 34,517,947$ 100.00% 35,386,991$ 100.00% 14,050,575$ 21,962,422 Water Operating 396,047 368,221 Sewer Operating 220,147 257,786 616,194 626,007 Totals 35,134,140$ 36,012,997$ Wells Fargo Bank Checking Yorba Linda Water District Fair Value Measurement Report November 30, 2016 Quoted Observable Unobservable Prices Inputs Inputs Investments Level 1 Level 2 Level 3 Total CalTRUST Investment Pool -$ 18,833,040$ -$ 18,833,040$ Local Agency Investment Fund - 6,355,997 - 6,355,997 U.S. Government Sponsored Agency Securities - 1,491,410 - 1,491,410 Negotiable Certificates of Deposit - 5,959,747$ - 5,959,747 Held by Bond Trustee: U.S. Government Sponsored Agency Securities - 2,117,030$ - 2,117,030 Total Investments -$ 34,757,224$ -$ 34,757,224$ ITEM NO. 9.4 AGENDA REPORT Meeting Date: December 22, 2016 Budgeted:Yes Total Budget:$2,500,000 To:Board of Directors Cost Estimate:$219,135 Funding Source:All Water Funds From:Marc Marcantonio, General Manager Job No:J2009-22#22 Presented By:Steve Conklin, Engineering Manager Dept:Engineering Reviewed by Legal:Pending Prepared By:Bryan Hong, Water Quality Engineer CEQA Compliance:Pending Subject:Hydrogeologic and CEQA Services for Well 22 Drilling and Construction Support SUMMARY: Staff issued Request for Proposals (RFPs) to six consulting firms for Hydrogeologic and CEQA Services for Well 22 Drilling and Construction Support; three 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 $219,135. STAFF RECOMMENDATION: That the Board of Directors authorize execution of a Professional Services Agreement with CDM in the amount of $219,135 to provide Hydrogeologic and CEQA Services for Well 22 Drilling and Construction Support. DISCUSSION: The District is in the planning stage for a new potable water well, referred to as Well 22. The proposed well is to be located on Orange County Water District (OCWD) property at the south end of Fee Ana Street in the City of Anaheim. A lease agreement was negotiated and executed with OCWD to construct and operate Well 22 on the north side of OCWD's Huckleberry Basin. Well 22 will be drilled into the deep aquifer with a goal of producing 3,000 to 4,000 gallons per minute. Staff issued RFPs for Hydrogeologic and CEQA Services for the Well 22 Drilling and Construction Support to six firms experienced with this type of work. Three proposals were received. The District's review team evaluated and ranked the proposals based on technical approach and proposal content, including project understanding, scope of work, overall project team and experience, and staff-hour allocation per task. Results of the technical evaluation ranking are as follows: Following the technical evaluation and ranking, separate envelopes with fee summaries for each proposal were opened. Each fee summary included a total fee and staff-hour breakdown consistent with the project requirements. The proposed fees and staff hours are as follows: The fee summary for CDM (see attached) was reviewed relative to the other two proposals and was found to be complete and appropriate for the services required. The total fee for CDM's proposal is $219,135, which is the second lowest of the three proposals. This fee includes an optional task for a tracer study and groundwater modeling which would be performed if required by the State Water Resources Control Board, Division of Drinking Water (SWRCB). SWRCB did not require a tracer study nor groundwater modeling for the District's most recent Wells 20 and 21. In the event that this task is not required by SWRCB, the total fee will be $172,905, which is the lowest of the three proposals. It should be noted that CDM completed drilling projects for the District's Wells 5, 12, 20 and 21. These projects were completed professionally and to the satisfaction of District staff. Based on the above, staff recommends award to CDM for a fee not to exceed $219,135. This firm had the best proposal, best project team and relevant experience, with a proposed fee and staff hours which were reasonable and appropriate based on the scope of work. CDM Smith Richard C. Slade and Associates Tetra Tech Technical Score 26.17 23.47 21.91 CDM Smith Richard C. Slade and Associates Tetra Tech Base Fee $172,905 $175,900 $224,060 Staff Hours 1,162 679 1,756 Fee with Optional Task $219,135 $188,600 $249,887 PRIOR RELEVANT BOARD ACTION(S): On September 22, 2016, the Board of Directors authorized execution of a Lease Agreement between Orange County Water District and Yorba Linda Water District for the Well 22 site. ATTACHMENTS: Name:Description:Type: CDM_Cost_Proposal_Well_22_Drilling.pdf CDM Cost Proposal for Well 22 Drilling Backup Material Well_22_Aerial_Exhibit.pdf Backup Material Distributed Less Than 72 Hours Prior to the Meeting Backup Material CDM Smith 111 Academy Way,Suite 150 Irvine,California 92617 Telephone:949-752-5452 November 30, 2016 Yorba Linda Water District Attn: Bryan Hong,Project Manager 1717 East Miraloma Avenue Placentia, California 92870 Subject: Cost Proposal for Hydrogeologic Services and Preparation of CEQA Documentation for Well 22 Project Dear Mr. Hong: CDM Smith is pleased to submit this fee proposal to the Yorba Linda Water District(District)to provide Hydrogeologic Services and Preparation of CEQA Documentation for the Well 22 Project.Our estimated hours are based on other well projects we have completed and the scope of work provided in the RFP. Construction oversight is our recommended level of effort during drilling, construction and testing however we are open to suggestions by the District. Full time oversight will be provided during all discharges to the Huckleberry Recharge Pond as requested.Task 6,Items of Additional Work,is an optional task that will be performed only should the California Division of Drinking Water require additional work assessing if Well 22 is considered groundwater under the influence of surface water.We have provided total costs with and without this optional task. The table provides a detailed breakdown showing subtasks,labor types,associated hours and estimated costs.We would be happy to discuss our approach with the District and adjust hours if needed. We thank you for the opportunity to propose on this project for Yorba Linda Water District. If you have any questions or desire additional information,please do not hesitate to contact us at 949.752.5452. Sincerely, Suzanne Rowe, PG, CHG Lanaya D.Voelz, PE Project Manager Principal-in-Charge CDM Smith Inc. CDM Smith Inc. i.t WATER+ENVIRONMENT+TRANSPORTATION+ENERGY+FACILITIES TABLE 1 ESTIMATED PROJECT COSTS YORBA LINDA WATER DISTRICT HYDROGEOLOGIC SERVICES AND PREPARATION OF CEQA DOCUMENTAION FOR WELL 22 PROJECT Officer senior - Drafter •, Total •, I ASK Charge Hydro. Individual GW Modeler Hydro.3/4 Hydro.112 Contract.Admin Labor Labor ODCs Task $235 $235 11 11 HoursDollars Costs 1.0 Hydrogeologic Assessment 1.1 Hydrogeologic Assessment 1 8 1 1 24 1 8 4 1 4 1 48 $6,980 $3501 $7,330_ 1.2 Design Survey to be provided by the District Project start-up and kickoff meeting Subtotal 2 1 14 1 0 I 0 , 26 I 8 I 4 8 I 62 I $ 9,25301 $ 480 I $ 0 010 2.0 Preliminary Design Report 2.1(Preliminary Well Design Report12 2 32 46 $7,540 $380 $7,920 2.2 Permits Subtotal, 0 I 20 I 2 , 0 I 72 0 I 40 0 0 94 I48 $ 147820 I $ 740 $ 15,5601 3.0 CEQA Documentation 3.1 Draft CEQA Documentation(i.e.,Mitigated Negative Declaration-MND) 4 8 60 8 10 90 $14,520 $40 $14,560 3.2 MND production,distribution,and newspaper/filing fees 2 10 15 27 $3,550 $2,500 $6,050 3.3 Final CEQA Document(includes filing fees) 2 4 20 6 32 $5,170 $2,500 $7,670 Subtotal 0 6 14 90 0 0 8 31 149 $ 23,240 $ 5,040 $ 28,2801. 4.0 Prepare Design and Bid Documents 4.1 Construction Documents(Technical Specifications,Plans&Drawings8 6 40 12 16 82 $11,700 $590 $12,2901 4.2 Constract Bidding Services(includes prebid meeting) 6 4 10 $1,950 $100 $2,050 4.3 Engineer's Opinion of Probable Construction Costs 1 4 5 $775 $40 $8151 Subtotal 0 15 6 0 48 0 12 16 97 $ 14,425 $ 730 $ 15,15511 5.0 Well 22 Drilling-Construction Adminstration 5.1 Conductor Casing and Sanitary Seal-includes preconstruction meeting 3 2 12 1 18 $2,455 $70 $2,525 5.2 Pilot Hole Drilling and Alignment Surveys 4 56 56 1 117 $15,040 $450 $15,490 5.3 Geophysical Log and Caliper Log 1 4 1 6 $875 $30 $905 5.4 Isolated Aquifer Zone Testing 2 72 72 1 147 $18,570 $560 $19,130 5.5 Prepare Final Well Design 4 6 1 11 $1,850 $60 $1,910 5.6 Borehole Reaming and Caliper Log 2 20 20 1 43 $5,570 $170 $5,740 5.7 Installation of Casing,Screen and Annular Fill Inst. 2 36 36 1 75 $9,570 $290 $9,860 5.8 Well Development 4 74 74 1 153 $19,540 $590 $20,130 5.9 Pumping Tests 4 29 29 1 63 $8,290 $250 $8,540 5.10 Alignment Tests,Chlorination,Final Video Survey 1 6 6 1 14 $1,835 $60 $1,895 5.11 Prepare Well Completion Report 16 8 48 12 8 8 100 $15,100 $450 $15,550 ,5.12 Shop Drawing Review 1 8 9 $1,315 $40 $1,355 5.13 Request for Information 3 1 4 $840 $30 $870 5.14 Change Order Preparation-included in tasks above Subtotal 0 47 1 8 1 0 362 ( 317 8 18 760 1 $ 100,850 1 $ 3,0501 $ 103,900 6.0 11tems ofAdditional Work(Optional Tasks) water 2 16 46 4 68 6.2 TGracerdStudy Modeling Subtotal 0 I 10 24 I 106 24 80 I 0 8 I 252 I $ 38 8 60 24 80 4 184 27,880 I $ 8,350 I $ 46,230 7.0 IManagement and Meetings Included in asks 1-6 TOTAL2 112 54 196 532 405 1 12 W/O OPTIONAL TASKS 1 2 1 102 1 30 I 90 1 508 1 325 32 J 73 1 1,162 1 $ 162, 865 1 S 18,390 $ 219,135 assumptions: TOTAL $ 10,040 1 $ 172,905 13 meetings total LA PALMA AVENUE RICHFIELD ROADHUCKLEBERRY BASIN FEE ANA STREETPROPOSED WELL 22 SITE PREPARED BY: PROJECT NO.: SCALE: YORBA LINDA WATER DISTRICT 1717 E. MIRALOMA AVENUE PLACENTIA, CALIFORNIA 92870 (714) 701-3100 DATE:PROPOSED WELL 22 SITE AERIAL EXHIBIT NOT TO SCALE 12-19-16 J2009-22 #22 Backup Material Distributed Less Than 72 Hours Prior to the Meeting ITEM NO. 9.4. ITEM NO. 9.5 AGENDA REPORT Meeting Date: December 22, 2016 Budgeted:Yes Total Budget:$250,000 To:Board of Directors Cost Estimate:$248,154 Funding Source:Sewer Operating Fund From:Marc Marcantonio, General Manager Account No:2-5030-0730-59 Job No:J2015-10S Presented By:Steve Conklin, Engineering Manager Dept:Engineering Reviewed by Legal:N/A Prepared By:Bryan Hong, Water Quality Engineer CEQA Compliance:Exempt Subject:Request to File the Notice of Completion for the 2016 Sewer Main CIPP Rehabilitation Project SUMMARY: Construction is complete on the 2016 Sewer Main Cured-in-Place Pipe (CIPP) Rehabilitation Project. Submitted for consideration is a request for authorization to file the Notice of Completion for the project. STAFF RECOMMENDATION: That the Board of Directors authorize staff to file the Notice of Completion for construction of the 2016 Sewer Main CIPP Rehabilitation Project, Job No. J2015-10S. DISCUSSION: Construction is complete on the 2016 Sewer Main CIPP Rehabilitation Project. The project consisted of the rehabilitation of 4,908 linear feet of sewer mains using trenchless cured-in-place (CIPP) technology. The project also included installation of 15 sewer lateral "top hats," rehabilitation of 86 linear feet of sewer manholes, abandonment of 782 linear feet of sewer main, and a 20 linear foot point repair on a broken sewer main. The construction contract is $248,153.76 and 127 calendar days (includes Change Order No. 1 which added $58,330.01 and 7 calendar days). All work has been completed in accordance with the contract documents and to the satisfaction of District staff; accordingly, staff requests authorization to file and proceed with recordation of the Notice of Completion. STRATEGIC PLAN: SR 3-B: Continue Planning for Long Term Capital Improvements and Replacements into the future PRIOR RELEVANT BOARD ACTION(S): On January 28, 2016, the Board of Directors awarded a construction contract in the amount of $189,823.75 to Burtech Pipeline, Inc. for the 2016 Sewer Main CIPP Rehabilitation Project. On May 26, 2016, the Board of Directors approved Change Order No. 1 for $58,330.01 for the 2016 Sewer Main CIPP Rehabilitation Project. ITEM NO. 9.6 AGENDA REPORT Meeting Date: December 22, 2016 Budgeted:Yes Total Budget:80,000 To:Board of Directors Cost Estimate:63,900 Funding Source:Operating Funds From:Marc Marcantonio, General Manager Account No:1-5060-0600-40 Presented By:John DeCriscio, Operations Manager Dept:Operations Reviewed by Legal:Yes Prepared By:Javier Martinez, Water Prod. Superintendent CEQA Compliance:N/A Subject:District Landscape Contract SUMMARY: As per the Board of Directors Procurement and Purchasing Policy Resolution No. 13-03, Section 1, Property, Repairs and Modifications, Supplies and Services which describes the procedures and authority to be used for the acquisition of personal property; repair or modification of District equipment or structures; or obtaining labor materials, supplies or services as identified in the budget. All Service or Supplies contracts that exceed $25,001 must come before the Board for approval. STAFF RECOMMENDATION: That the Board of Directors authorize the General Manager to execute a 3-year maintenance contract with Brightview Landscape, Inc. for a total estimated cost of $63,900 (excluding potential costs related to equipment repairs, landscape replacement, and annual OC Consumer Price Index multiplier adjustments). DISCUSSION: In an effort to better manage landscape maintenance at all District Facilities, District Staff reviewed the needs of each site and determined it would be beneficial to reduce the number of sites visited on a weekly basis. All other District sites will be placed on a program where District staff will monitor the condition of the sites. Staff will recommend on an “as needed” basis weed abatement and tree care services. Staff will obtain quotes and follow the Districts purchasing policy for this additional work. On Tuesday November 29, 2016, the Landscape Contract went out to bid to prospective contractors that were interested in providing landscape services to the District. Four venders were in attendance at the required pre bid and job walk meeting. The bid close date was set for December 7, 2016 at 2 pm, with only one vendor submitting a bid. Staff reviewed the bid from Brightview Landscape Services, Inc. and found the bid was responsive to our landscaping needs. The references provided by Brightview Landscape, Inc. were contacted and verified by District Staff resulting in positive feedback. The references provided included contact information for the City of Anaheim and the City of Cerritos. ATTACHMENTS: Name:Description:Type: Brightview_Landscape_Agreement.pdf Agreement Agreement MAINTENANCE SERVICES AGREEMENT BETWEEN THE YORBA LINDA WATER DISTRICT AND BRIGHTVIEW LANDSCAPE, INC THIS MAINTENANCE SERVICES AGREEMENT ("Agreement") is made and entered into on January 1, 2017 (the "Effective Date"), by and between the YORBA LINDA WATER DISTRICT, a local public agency, created and operating under authority of Division 12 of the California Water Code ("District"), and Brightview Landscape, Inc. ("Contractor") (District and Contractor are sometimes individually referred to herein as a "Party" and collectively as the "Parties"). RECITALS A. WHEREAS, District owns and operates certain facilities, located throughout its service area("Facilities") and; B. WHEREAS, District requires a contractor with the requisite knowledge, skill, ability and expertise to provide the necessary maintenance services for the Facilities in all areas where the specialized services of Contractor are appropriate; and C. WHEREAS, Contractor represents to District that it is fully qualified and available to provide Landscape Services for District's Facilities("Services");and D. WHEREAS, it has been determined that it is in the best interests of District to enter into the Agreement hereinafter contained. NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained,the Parties hereto agree as follows: AGREEMENT 1.0. SCOPE OF WORK / TERMS AND CONDITIONS. The specific materials and services to be provided by Contractor are called out in the Scope of Work attached as Attachment "A" and incorporated herein by reference. Contractor shall perform all work necessary to complete the Services detailed in Attachment "A" and shall furnish all labor, materials, equipment, supplies and incidentals, except those which are designated to be furnished by District. All work under this Agreement shall be done in a workmanlike fashion and Contractor represents that it is competent to provide the Services required under this Agreement in a manner acceptable to District and in conformity with the requirements of this Agreement. 1.1. Project Manager. Contractor acknowledges that continuous and effective communication between District, Contractor, and other contractors (as appropriate) is Page 1 of 1 YLWD Maintenance Agreement— 11/22/17 necessary to the successful completion of the Services. Contractor's primary contact with District shall be through District's Project Manager specified on Attachment "A". District's primary contact with Contractor shall be through the Contractor's Representative, designated on Contractor's Schedule for Services attached as Attachment "B", and incorporated herein by reference. 1.2. Commencement of Work. The Services start date is called out on Attachment "A". Contractor shall perform all Services with due diligence as time is of the essence in the performance of this Agreement. Time limits applicable for the performance of Contractor's Services are established in Attachment"A". 1.3. Term of Agreement. The term of this agreement shall be for three(3) years from the Effective Date of this Agreement. 2.0. COMPENSATION. As compensation for performance of the Services specified under the Scope of Work (Attachment "A"), District shall pay Contractor an amount not to exceed that contained in Contractor's Schedule for Services (Attachment `B"). Payment will be made at the rates set forth in Contractor's Fee Schedule, which is attached as Attachment "C" and incorporated herein by reference. Costs or expenses not designated or identified in the Fee Schedule shall not be reimbursable unless otherwise provided in this Agreement. 2.1. Invoicing. Contractor shall submit an invoice within ten (10) days after the end of each month during the term of this Agreement describing the Services performed for which payment is requested. District shall review and approve all invoices prior to payment. District shall pay approved invoices within thirty (30) days of receipt. Contractor agrees to submit additional documentation to support the invoice if requested. If District does not approve an invoice, District shall send a notice to Contractor setting forth the reason(s) the invoice was not approved. Contractor may re-invoice District to cure the defects identified by District. The revised invoice will be treated as a new submittal. District's determinations regarding verification of Contractor's performance, accrued reimbursable expenses, if any, and percentage of completion shall be binding and conclusive. Contractor's time records, invoices, receipts and other documentation supporting the invoices shall be available for review by District upon reasonable notice and shall be retained by Contractor for three (3) years after the term of this Agreement. 2.2. Extra Services. Before performing any Services outside the scope of this Agreement ("Extra Services"), Contractor shall submit a written request for approval of such Extra Services and receive written approval from District. District shall have no responsibility to compensate Contractor for any Extra Services provided by Contractor without such prior written approval. 2.3. Price Adjustment. The price established by this Agreement may be adjusted on the 13th month and 25`" month of this Agreement. For the 13th month through the 24th month, the price increase would be equal to the Orange County area average Consumer Price Index (CPI) increase for the 2017 calendar year. For the 25th month through the 36th month, the price increase would be equal to the Orange County area average Consumer Page 2 of 2 YL W D Maintenance Agreement— 11/22/17 Price Index (CPI) increase for the 2018 calendar year. If the Contractor desires an adjustment, it must provide written notice to District no later than the first day of the 12th month of this Agreement (for the increase between the 130' month and 20 month of this Agreement) and no later than the first day of the 20 month of this Agreement (for the increase between the 25`x'month and 36"'month of this Agreement). 3.0. TERMINATION. District may terminate this Agreement at any time upon ten (10) days written notice to Contractor. Should District exercise the right to terminate this Agreement, District shall pay Contractor for any Services satisfactorily completed prior to the date of termination, based upon Contractor's Fee Schedule. Contractor may terminate this Agreement upon ten (10) days written notice to District in the event of substantial failure by District to perform in accordance with the terms hereof through no fault of Contractor; or in the event District fails to pay Contractor in accordance with the terms in Section 2.0; or if Contractor's Services hereunder are suspended for a period of time greater than ninety (90) days through no fault of Contractor. 3.1. Withholding Payment. In the event District has reasonable grounds to believe Contractor will be materially unable to perform the Services under this Agreement, or if District becomes aware of a potential claim against Contractor or District arising out of Contractor's negligence, intentional act or breach of any provision of this Agreement, including a potential claim against Contractor by District, then District may, to the fullest extent allowed by law, withhold payment of any amount payable to Contractor that District determines is related to such inability to complete the Services, negligence, intentional act, or breach. 4.0. SAFETY. Contractor shall execute the Services so as to avoid injury or damage to any person or property. Contractor shall be solely and completely responsible for the safety of all Contractor personnel during performance of Services and while on District Facilities. Contractor shall fully comply with all state, federal and other laws, rules, regulations and orders relating to safety of the public and workers, including State of California, Department of Industrial Relations (Cal/OSHA) requirements. Contractor shall comply with all applicable District Safety Practices during performance of Services under this Agreement. 5.0. INDEMNIFICATION. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless District, its directors, officers, employees and authorized volunteers from and against all claims and demands of all persons arising out of Contractor's performance (or actual or alleged non-performance) under this Agreement (including the furnishing of the Services), including but not limited to claims by the Contractor, Contractor's employees and any subcontractors for damages to persons or property, except for damages resulting from the willful misconduct, sole negligence or active negligence of District, its directors, officers, employees, or authorized volunteers. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits,actions or other legal proceedings of every kind that may be brought or instituted against District or any of its directors, officers, employees, or authorized volunteers, with legal counsel reasonably acceptable to District. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against District or any of its directors,officers,employees, or authorized volunteers, in any and all such aforesaid suits, actions, or other legal proceedings for Page 3 of 3 YLWD Maintenance Agreement— 11/22/17 which Contractor is obligated to defend, indemnify and hold harmless District, its directors, officers, employees and authorized volunteers under this Agreement. Contractor shall reimburse District or its directors, officers, employees, and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by District or its directors, officers, employees, or authorized volunteers. Contractor further agrees to fully defend, indemnify and hold harmless the District, its directors, officers, employees and authorized volunteers from any and all claims and demands, forfeitures or penalties arising from Contractor's violations of any federal, state or local statute, rule or regulation to the fullest extent permitted by applicable law. Contractor's obligation to indemnify, defend and hold harmless is separate and distinct from its obligations to provide insurance pursuant to Section 6.0. These provisions shall take effect as of the date Contractor first undertakes any action in furtherance of Contractor's duties or obligations pursuant to this Agreement and shall survive the expiration or termination of this Agreement. 6.0. INSURANCE REOUIREMENTS.. Prior to execution of this Agreement, and at any time thereafter on request, Contractor shall provide executed certificates of insurance and policy endorsements acceptable to District evidencing the required coverage and limits for each insurance policy. Each insurance policy shall be primary insurance as respects District, its affiliated organizations and its and their respective officers, directors, trustees, employees, agents, contractors, attorneys, successors and assigns (collectively, the "Covered Parties") for all liability arising out of the activities performed by or on behalf of Contractor. Any insurance, pool coverage, or self-insurance maintained by Covered Parties shall be excess of Contractor's insurance and shall not contribute to it. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the Covered Parties or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to loss. Contractor waives its right of recovery against the Covered Parties for damages covered by insurance required by this Agreement. Contractor shall require similar written express waivers and insurance clauses from each of its subcontractors. The insurer issuing the Workers' Compensation insurance shall amend its policy to waive all rights of subrogation against the Covered Parties. Each insurance policy shall provide, or be endorsed to provide, that coverage shall not be cancelled except after thirty (30) days prior written notice by U.S. Mail (ten (10) days for non- payment of premium) has been given to District. Unless otherwise approved by District, each insurance provider shall be authorized to do business in California and have an A.M. Best rating (or equivalent) of not less than "A-:VII." Contractor shall provide and maintain at all times during the performance of this Agreement the following insurance: (1) Commercial General Liability("CGL") insurance; (2)Automobile Liability insurance; and(3) Workers' Compensation and Employer's Liability insurance. 6.1. Commercial General Liability. Each CGL policy shall identify Covered Parties as additional insured, or be endorsed to identify Covered Parties as additional insured using ISO policy form "CG 00 01" with an edition date prior to 2004, or the exact equivalent. Coverage for additional insured shall not be limited to vicarious liability. Defense costs must be paid in addition to limits. Each CGL policy shall have liability Page 4 of 4 YLWD Maintenance Agreement— 11/22/17 coverage limits of at least $1,000,000 per occurrence for bodily injury, personal injury and property damage, and either at least (a) $2,000,000 aggregate total bodily injury, personal injury and property damage applied separately to the Facilities; or at least (b) $5,000,000 general aggregate limit for all operations. CGL insurance and endorsements shall be kept in force at all times during the performance of this Agreement and all coverage required herein shall be maintained after the term of this Agreement so long as such coverage is reasonably available. 6.2. Automobile Liability. Each Automobile Liability policy shall require coverage for "any auto" and shall have limits of at least $1,000,000 for bodily injury and property damage, each accident, and shall use ISO policy form "CA 00 01", including owned, non-owned and hired autos, or the exact equivalent. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the CGL policy described above. Automobile Liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement and all coverage required herein shall be maintained after the term of this Agreement so long as such coverage is reasonably available. 6.3. Workers' Compensation/Employer's Liability. Contractor shall cover or insure the existence of coverage under the applicable laws relating to Workers' Compensation insurance, all of their employees employed directly by them or through subcontractors at all times in carrying out the Services contemplated under this Agreement, in accordance with the "Workers' Compensation and Insurance Act" of the California Labor Code and any amendatory Acts. Contractor shall provide Employer's Liability insurance with limits of at least $1,000,000 each accident, $1,000,000 disease policy limit, and $1,000,000 disease each employee. By Contractor's signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and that Contractor will comply with such provisions before commencing Services under this Agreement. Upon the request of District, subcontractors must provide certificates of insurance evidencing such coverage. 7.0. EOUAL OPPORTUNITY. During the performance of this Contract, the Contractor will not discriminate against any employee or applicant for employment in a manner that would violate state or federal law. 8.0. INDEPENDENT CONTRACTOR. The Parties agree that the relationship between District and Contractor is that of an independent contractor and Contractor shall not, in any way, be considered to be an employee or agent of District. Contractor shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of District. District will not be legally or financially responsible for any damage or loss that may be sustained by Contractor because of any act, error, or omission of Contractor, nor shall Contractor make any claim against District arising out of any such act, error, or omission. Page 5 of 5 YLWD Maintenance Agreement— 11/22/17 8.1. Taxes and Benefits. Contractor shall be solely responsible for the payment of all federal, state and local income tax, social security tax, Workers' Compensation insurance, state disability insurance, and any other taxes or insurance Contractor, as an independent contractor, is responsible for paying under federal, state or local law. Contractor is not eligible to receive Workers' Compensation, medical, indemnity or retirement benefits through District, including but not limited to enrollment in Ca1PERS. Contractor is not eligible to receive overtime, vacation or sick pay. 8.2. Permits and Licenses. Contractor shall procure and maintain all permits, and licenses and other government-required certification necessary for the performance of its Services, all at the sole cost of Contractor. None of the items referenced in this section shall be reimbursable to Contractor under the Agreement. 8.3. Methods. Contractor shall have the sole and absolute discretion in determining the methods, details and means of performing the Services required by District. Contractor shall furnish, at its own expense, all labor, materials, equipment, tools, transportation and work necessary for the successful completion of the Services to be performed under this Agreement. District shall not have any right to direct the methods, details and means of the Services; however, Contractor must receive prior written approval from District before assigning or changing any assignment of Contractor's project manager or key personnel and before using any subcontractors or subcontractor agreements for Services or materials under this Agreement and any work authorizations. 9.0. NO_S. Any notice may be served upon either Party by delivering it in person, or by depositing it in a U.S. Mail Deposit Box with the postage thereon fully prepaid, and addressed to the Party at the address set forth below: District: Marc Marcantonio, General Manager Yorba Linda Water District P.O. Box 309 Yorba Linda, California 92885-0309 Contractor: As designated in Exhibit`B". Any notice given hereunder shall be deemed effective in the case of personal delivery, upon receipt thereof, or, in the case of mailing, at the moment of deposit in the course of transmission with the United States Postal Service. 10.0. ASSIGNMENT. Neither Contractor nor District may assign or transfer this Agreement, or any part thereof, without the prior written consent of the other Party, which shall not be unreasonably withheld. 11.0. ATTORNEY'S FEES. In the event of any action arising out of, or in connection with, this Agreement, or the Services to be performed hereunder, the prevailing Party shall be entitled to have and recover, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including without limitation, its attorney's fees. Page 6 of 6 YLWD Maintenance Agreement— 11/22/17 12.0. BINDING ARBITRATION., Within thirty (30) days after service of a civil action on either Party arising out of, or in connection with, this Agreement, either Party may elect to submit the action to binding arbitration before the Judicial Arbitration and Mediation Service ("JAMS"), located in Orange County. The Parties agree that upon an election to arbitrate, any civil action filed will be stayed until arbitration proceedings have concluded. Upon submission of the matter to JAMS, the submitting Party shall obtain from JAMS a list of three(3) randomly selected arbitrators and serve said list upon the other Party. In the event that there are more than two parties to the action,the number of arbitrators randomly selected and included in the list shall be increased by two for each additional party involved. Upon service of the randomly selected list of arbitrators, each party shall have twenty (20) days to eliminate two arbitrators from the list and return it to JAMS, with the selected arbitrator being the remaining name on the list. Should more than one name remain on the list, JAMS will randomly select the arbitrator from the names remaining on the list. Arbitration shall be scheduled for hearing on the merits no later than six (6) months after the date the arbitrator is selected. All parties shall be permitted to conduct discovery as provided by the current rules of the California Code of Civil Procedure. All costs of JAMS or of the arbitrator for services shall be divided equally among the Parties, unless otherwise ordered by the arbitrator. In an arbitration to resolve a dispute under this provision,the arbitrator's award shall be supported by law and substantial evidence. 13.0. WARRANTY. Contractor warrants that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily provided by an experienced and competent professional rendering the same or similar services. 14.0. FORCE MAJEURE. Upon written notice by the owing Party, the respective duties and obligations of the Parties hereunder (except District's obligation to pay Contractor such sums as may become due from time to time for services rendered by it) shall be suspended while and so long as performance thereof is prevented or impeded by strikes, disturbances, riots, fire, governmental action, war acts, acts of God, or any other cause similar or dissimilar to the foregoing which are beyond the reasonable control of the Party from whom the affected performance was due. 15.0. ENTIRE AGREEMENT, This Agreement, and all Attachments, represent the entire and integrated agreement between District and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both District and Contractor. 16.0 GENERAL COMPLIANCE WITH LAW. 16.1. Contractor is required to have a business license issued by the City of Yorba Linda to perform all Services required by this Agreement. 16.2. All Services performed and materials supplied in the execution of this Agreement shall comply with applicable laws, standards, codes and regulations governing such materials, items and work. All material is guaranteed to be as specified in the Scope of Work. Any alteration or deviation from the specifications, which involve extra costs, will be executed only by written order Page 7 of 7 YLWD Maintenance Agreement— 11/22/17 as specified in Paragraph 2.2, which will specifically state the change in the specifications and the additional charges to be incurred. [INTENTIONALLY BLANK] Page 8 of 8 YLWD Maintenance Agreement— 11/22/17 16.3. Federal Law 29 CFR 1919.1220 (FED OSHA) and State Law, Title 8, California Code of Regulations (CCR) § 5194, established the "HAZARD Communication Standard" which requires that individuals (employees) working in an area where hazardous substances are being used are to be informed of any potential dangers associated with working in that area. If applicable to Contractor (see Attachment "A"), it is the responsibility of Contractor to read and acknowledge receipt of District's information packet before the start of any scheduled Services. Furthermore, all applicable information regarding hazardous substances and conditions must be made available to all Contractor employees. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be entered into as of the day and year written above. District: Contractor: Yorba Linda Water District By: By: Marc Marcantonio General Manager APPROVED AS TO FORM: Kidman Law LLP By: Arthur G. Kidman, General Counsel Attachments: Attachment A: Scope of Work Attachment B: Schedule for Services and Fee Schedule Attachment C: Insurance Certificates Page 9 of 9 YLWD Maintenance Agreement— 11/22/17 ATTACHMENT A SCOPE OF WORK Page 10 of 10 YLWD Maintenance Agreement— 1 1/22/17 SECTION 1: SCOPE OF WORK FOR LANDSCAPE MAINTENANCE SERVICES The Yorba Linda Water District(District)has several facilities located around its service area that require various degrees of landscape maintenance. The District has decided that all of its landscape maintenance should be handled by a single contractor on a single contract. This scope of work will provide the contractor with an understanding of what each of the District's site work requirements are and a time frame for completing these tasks. The District's Point of Contact is: Mike Carreon Facility Maintenance mcarreon@ylwd.com (714) 701-3188 The District has three(3) sites which are listed below. Each of these sites has various tasks that must be performed in accordance with the schedule provided. Contractor shall furnish all labor, materials,tools, equipment, and any other resources necessary for: 1. Irrigation system care and adjustments; 2. Lawn care; 3. Shrub, vine, and ground cover care and trimming; 4. Tree care and pruning; 5. All trees shall be maintained to provide proper clearance for vehicles and sightline. 6. Clean-up; 7. Mulch replenishment(unless otherwise noted); 8. Weed control; Only State Certified personnel shall be allowed to spray weeds. 9. Fertilizing, insecticides, and herbicides, with cost of materials included; 10. Hauling and disposal. This includes removal of all material cut, weeded or pulled at all sites. Extra Services Further,the following work and provision of the following materials will constitute Extra Services under the Landscape Maintenance Services Agreement and a written quote must be submitted and approved in writing by the District prior to performing any and all Extra Services. Written quotes for Extra Services must include all labor, material and taxes. 1. Irrigation repairs, parts and labor. Page 2 of 7 2. Plant replacement: replacing 1-gallon, 5-gallon, 15-gallon and 24"box size plants. 3. Mulch for Site 16 below will be extra. 4. Plants or trees that die or lose more than 30% of their original leaves shall be replaced within 7 days of written request by District. Replacement plants/trees will be paid as an extra. Written quote must be submitted to District once Contractor becomes aware of plants/trees that die or lose more than 30%of their original leaves. 5. Any other work beyond the work listed in this Scope of Work shall also constitute Extra Services. Timin Work must be completed within the given timeframe in order to receive payment for services. Further, work that is missed must be completed within three days of contractor being notified that work was missed. Award The District reserves the right to reject any and all proposals, to waive any informality in any proposal, and to make awards in the interest of the District. Although there are three (3) sites and multiple tasks within each site, the contractor, by submitting its proposal, agrees that the District reserves the right to delete sites and/or tasks as it sees fit from the proposals received by the District. Contractor further agrees to honor its prices no matter how many sites and/or tasks are deleted by District and agrees to enter into a contract with the District for the sites and tasks ultimately determined by the District. Worksheet Prices must be included on a per task basis in the attached worksheet. Each price for each task shall reflect one site visit for completion of that task. Schedule Upon award of the contract, Contractor must furnish to the District a schedule for the year the dates that the Contractor will perform all work as listed in this Scope of Work. The schedule must be approved by the District in writing. If the contractor wishes to adjust schedule it must make its request in writing to the District and such request must be approved by the District in writing. Page 3 of 7 THERE SHALL BE NO PRE-EMERGENT USED ON ANY DISTRICT FACILITIES. Site#1 - Richfield Facility Work Schedule: WEEKLY Unless Noted: Task 1 - Irrigation system care: A. Every quarter check all drip irrigation for proper operation while system is running. B. Every quarter, check and clean all drip filters. C. Every quarter, reset controller schedule for seasonal conditions. Task 2 - Lawn care: A. Mow and edge weekly. B. Fertilize every 120 days. C. Provide schedule for fertilizing of lawn. D. Control weeds weekly. Task 3 - Shrub and ground cover care: A. Fertilize four times per year(expected quarterly intervals)with balanced fertilizer. Price on spreadsheet shall reflect cost for each time Contractor is asked to complete this task (i.e. each time site is fertilized). B. Provide schedule for fertilizing of plant materials. C. Notify District regarding plants/trees which die or lose more than 30%of their original leaves. Also notify District as to cause of decline. D. Trim shrubs as needed. Do not shear shrubs/hedges. Dispose of debris. Task 4 - Tree care: A. Stakes for trees shall be checked and removed when the tree is self-supporting. Adjust tree ties and stakes as needed for proper support. B. Notify District regarding plants/trees which die or lose more than 30%of their original leaves. Also notify District as to cause of decline. C. Trimming of trees in all other areas shall be as needed to clear vehicles, shape, and thin the trees. Task 5 - Clean-up: A. All litter shall be removed weekly. B. The entire project site shall be maintained in a neat and presentable condition. C. Blow off concrete sidewalks and paved road remove debris. D. All debris shall be removed from the site and disposed of by contractor. Task 6 - Weed Control: A. Contractor will remove weeds in the course of performing other tasks listed above as they are found. B. Areas of note are the Lawn,planter and shrubs areas, and all areas that face streets. Task 7- Fertilizers, insecticides: Page 4 of 7 A. Install "Grow-Power 7-gram Tablet" with 20%humus as manufactured by Gro- Power, Inc., Chino, CA 909-393-3744, or approved equal, annually for each tree. Use 6 tablets per tree spaced equally at the drip line and placed at least 12"below grade. B. Fertilize shrub areas with balanced fertilizer. Contractor is responsible for detecting turf and plant diseases and pests as soon as their presence is manifested. Contractor shall take immediate action to identify the disease and/or pest and apply such remedies as are necessary to control the problem. Contractor shall remove all rodents,taking control measures immediately upon discovery. Sites #2 - Valley View Pump Station Work Schedule: WEEKLY Unless Noted: Task 1 - Irrigation system care: A. Every quarter check all irrigation for proper operation while system is running. B. Every quarter, check and clean all filters. C. Every quarter maintain controller schedule for seasonal conditions as often as needed. Task 2 - Lawn care: A. Mow and edge weekly. B. Fertilize every 120 days. C. Provide schedule for fertilizing of lawn. D. Control weeds weekly. Task 3 - Shrub and ground cover care: A. Fertilize four times per year(expected quarterly intervals)with balanced fertilizer. Price on spreadsheet shall reflect cost for each time Contractor is asked to complete this task(i.e. each time site is fertilized). B. Provide schedule for fertilizing of plant materials. C. Notify District regarding plants/trees which die or lose more than 30% of their original leaves. Also notify District as to cause of decline. D. Trim shrubs as needed. Do not shear shrubs/hedges. Dispose of debris. Task 4 - Tree care: A. Stakes for trees shall be checked and removed when the tree is self-supporting. Adjust tree ties and stakes as needed for proper support. B. Notify District regarding plants/trees which die or lose more than 30%of their original leaves. Also notify District as to cause of decline. C. Trimming of trees in all other areas shall be as needed to clear vehicles, shape, and thin the trees. Task 5 - Clean-up: A. All litter shall be removed weekly. Page 5 of 7 B. The entire project site shall be maintained in a neat and presentable condition. C. Blow off concrete sidewalks and paved road remove debris. D. All debris shall be removed from the site and disposed of by contractor. Task 6 - Weed Control: A. Contractor will remove weeds in the course of performing other tasks listed above as they are found. Task 7- Fertilizers, insecticides: A. Install "Grow-Power 7-gram Tablet" with 20%humus as manufactured by Gro- Power, Inc., Chino, CA 909-393-3744, or approved equal, annually for each tree. Use 6 tablets per tree spaced equally at the drip line and placed at least 12"below grade B. Fertilize shrub areas with balanced fertilizer. Contractor is responsible for detecting turf and plant diseases and pests as soon as their presence is manifested. Contractor shall take immediate action to identify the disease and/or pest and apply such remedies as are necessary to control the problem. Contractor shall remove all rodents,taking control measures immediately upon discovery. Site#3—Timber Ridge Booster Station Work Schedule: WEEKLY Unless Noted: Task 1 - Irrigation system care: A. Every quarter check all irrigation for proper operation while system is running. B. Every quarter, check and clean all filters. C. Every quarter maintain controller schedule for seasonal conditions as often as needed. Task 2 - Shrub and ground cover care: A. Fertilize four times per year(expected quarterly intervals) with balanced fertilizer. Price on spreadsheet shall reflect cost for each time Contractor is asked to complete this task(i.e. each time site is fertilized). B. Provide schedule for fertilizing of plant materials. C.Notify District regarding plants/trees which die or lose more than 30%of their original leaves. Also notify District as to cause of decline. D. Trim shrubs as needed. Do not shear shrubs/hedges. Dispose of debris. Task 3 - Clean-up: A. All litter shall be removed weekly. B. The entire project site shall be maintained in a neat and presentable condition. C. Blow off concrete sidewalks and paved road remove debris. D. All debris shall be removed from the site and disposed of by contractor. Task 4 - Weed Control: Page 6 of 7 A. Contractor will remove weeds in the course of performing other tasks listed above as they are found. Task 5 - Fertilizers, insecticides: A. Install"Grow-Power 7-gram Tablet"with 20%humus as manufactured by Gro- Power, Inc., Chino, CA 909-393-3744, or approved equal, annually for each tree. Use 6 tablets per tree spaced equally at the drip line and placed at least 12"below grade B. Fertilize shrub areas with balanced fertilizer. Task 6—FIRE BREAK BEHIND BULIDING: Every quarter weed abate a l Oft. clearance from block wall. Contractor is responsible for detecting turf and plant diseases and pests as soon as their presence is manifested. Contractor shall take immediate action to identify the disease and/or pest and apply such remedies as are necessary to control the problem. Contractor shall remove all rodents, taking control measures immediately upon discovery. Page 7 of 7 ATTACHMENT B SCHEDULE OF SERVICES AND FEE SCHEDULE Page 11 of 11 YLWD Maintenance Agreement— 11/22/17 ® Yorba Linda Water District Wow TwWamlIndommni for More Iran 100 Yens PROPOSAL BY S�-�� ( adder) FOR LANDSCAPE SERVICE Contract No. OPS-112916-01 Yorba Linda Water District 1717 Miraloma Placentia, California 92870 The undersigned Bidder submits the following bid for Service after carefully examining the Contract Documents. Bidder proposes and agrees to furnish all labor, materials, equipment, tools, transportation and services necessary to do Landscape Service for the Yorba Linda Water District ("Owner") during the term of this contract, as specified in the Contract Documents, for: Landscape Service: $ 00 Fixed Flat Rate (Monthly) Not to Exceed. The Owner reserves the right to reject any and all Proposals, to waive any irregularities or to award the Contract to other than the lowest Bidder. THE BIDDER UNDERSTANDS AND AGREES THAT: 1. All prices are to include sales tax and delivery of Contractor furnished materials to the Site. 2. The Bidder is responsible for all words and figures inserted in this Proposal, and Owner will in no way be responsible for any errors or omissions in the preparation of this Proposal. 3. If requested by the Owner, the Bidder shall furnish a notarized financial statement, references, and other information sufficiently comprehensive to permit an appraisal of its current financial condition. 4. This Proposal may be withdrawn by the Contractor before the time fixed in the public notice for the opening of the proposals. Following the time fixed in the public notice for the opening of the proposals, this Proposal may not be withdrawn for a period of sixty (60) MTILBILLSRV\Dala\OPERATIONS DEPT\Gene,al OperationKONTRACTSTanduape Maim\2016-2019\VLWD Landscape Proposal(11.17-16).dm Page 1 of 3 El Yorba Linda Water District RoWle,InW#d Aad YIASIp 4M Of M"/nan 100 Yen days. Any request to withdraw this Proposal as provided for herein must be made in writing to the Owner. l 6. Receipt is hereby acknowledged of Addenda number(s)Y)lY� through N All Addenda have been considered by the Bidder in the preparation of this Proposal. NOW, THEREFORE, in compliance with the Contract Documents and all the provisions hereinbefore stipulated, the undersigned, with full cognizance thereof, proposes to perform the entire Work for the prices set forth in the hereinbefore set forth Schedule(s) upon which award of Contract is made. IInn Signature:4ri I)ate: Printed Name: 1L 'S Business Address: \\UTILBILLSRV\Da1a\OPERATIONS DEPT\General Operations\CONTRACTS\Land"pe Maim\2016-2019\YLWD Landscape Proposal(11-1% 16).doc Page 2 of 3 ITEM NO. 9.7 AGENDA REPORT Meeting Date: December 22, 2016 Budgeted:Yes Total Budget:16,000 To:Board of Directors Cost Estimate:30,370.08 Funding Source:Operating Funds From:Marc Marcantonio, General Manager Account No:1-5010-0600-50 Presented By:John DeCriscio, Operations Manager Dept:Operations Reviewed by Legal:Yes Prepared By:Harold Hulbert, Operations Assistant CEQA Compliance:N/A Subject:Uniform Contract Award SUMMARY: As per the Board of Directors Procurement and Purchasing Policy Resolution No. 13-03, Section 1, Property, Repairs and Modifications, Supplies and Services which describes the procedures and authority to be used for the acquisition of personal property; repair or modification of District equipment or structures; or obtaining labor materials, supplies or services as identified in the budget. All Service or Supplies contracts that exceed $25,001 must come before the Board for approval. STAFF RECOMMENDATION: That the Board of Directors authorize the General Manager to execute a 3-year supply contract with Aramark Uniform Service for a total estimated cost of $30,370.08 (excluding potential costs related to uniform sizing and replacement and annual OC Consumer Price Index multiplier adjustments). DISCUSSION: The Operations department has been reviewing its various contracts and service agreements in an effort to reorganize so the contracts and agreements fall on the calendar year cycle. We believe this will prove to be more efficient for budgeting and management needs. To this end the operations department decided to go out to bid for a three year contract for uniform services. Our goal was to ensure we are getting the best price, and to have a contract starting date of January 2016 and ending in December of 2018. Staff reviewed the existing supplier agreement with District legal counsel to ensure it was up to date and included the language on the length of the contract and the sections for price increases. Previously the District has used renewal options as a way to manage its contract. Renewal options have been difficult to manage and on several occasions we have falling out of contract while we were in the process of negotiating the terms and processing the paper work for the renewal. At this time staff believes it is better to use a straight term contract with the allowance for price increase based upon the Orange County Consumer Price index (OC CPI). To that end our current contract is a straight three year agreement which locks in the vendors price, but will allow in the (13) thirteen and (25) twenty-fifth month of the contract for the vendor to request a price increase not to exceed the previous (12) twelve months of the OC CPI. On November 23, 2016 the District sent notices to (7) seven vendors that provide uniform services in Orange County to attend a mandatory meeting on November 30, 2016 if they were interested in providing uniform services to the Yorba Linda Water District. All (7) seven vendors attended the meeting. At the meeting they were provided the scope of services and the required contract documents. The scope of services for this Request for Proposal was to provide uniform services for 42 employees along with floor mats and shop towels. The proposals required the vendors to list out the cost for these services and show their estimated weekly cost along with any set up or upfront fees. Uniform contracts are typically billed on a weekly basis when the uniforms are dropped off from and picked up for cleaning. The following vendors responded: 1. Prudential Uniform Service: $295.49 Estimated Contract Cost: $46,096.44 2. Unifirst Uniform Service: $251.87 Estimated Contract Cost: $39,291.72 3. Mission Linen Service: $219.95 Estimated Contract Cost: $34,312.20 4. Aramark Uniform Service: $194.68 Estimated Contract Cost: $30,370.08 Aramark Uniform has been providing these services since 2009. To date Aramark has been responsive to our needs for this service and based upon the RFP’s that are listed above they remain the low cost supplier. ATTACHMENTS: Name:Description:Type: Aramark_Uniform_Agreement.pdf Agreement Agreement SUPPLIES AND MATERIALS AGREEMENT BETWEEN THE YORBA LINDA WATER DISTRICT AND ARAMARK UNIFORM SERVICE THIS SUPPLIES AND MATERIALS AGREEMENT ("Agreement") is made and entered into on January 1, , 2017, (the "Effective Date") by and between the YORBA LINDA WATER DISTRICT, a local public agency, created and operating under authority of Division 12 of the California Water Code ("District"), and Aramark Uniform Service. ("Supplier") (District and Supplier are sometimes individually referred to herein as a "Party" and collectively as the "Parties"). RECITALS WHEREAS, District requires certain supplies for its regular operations; and WHEREAS, District requires a qualified and reliable supplier to provide the necessary materials and supplies ("Materials") for District at all times to which the services of Supplier are appropriate; and WHEREAS, Supplier represents to District that it is fully qualified and available to deliver the Materials for and as requested by District. NOW, THEREFORE, in consideration of the mutual promises, covenants, and terms and conditions herein,the Parties agree as follows: SUPPLIES AND MATERIALS AGREEMENT 1.0 MATERIALS AND PRICE. The Materials to be provided by Supplier are called out in the Materials List attached as Attachment "A" and incorporated herein by reference. Supplier agrees to deliver the Materials described in Attachment "A" according to Supplier's Price Schedule attached as Attachment"A", incorporated by this reference. 1.1 Invoicing. Supplier shall submit an invoice on a weekly basis setting forth the Materials provided during the previous week. District shall review and approve all invoices prior to payment. District shall pay approved invoices within thirty (30) days of receipt. Supplier agrees to submit additional documentation to support the invoice if requested. If District does not approve an invoice, District shall send a notice to Supplier setting forth the reason(s)the invoice was not approved. Supplier may re-invoice District to cure the defects identified by District. The revised invoice will be treated as a new submittal. District's determinations regarding verification of Supplier's performance, shall be binding and conclusive. Supplier's invoices, receipts and other documentation supporting the invoices shall be available for review by District upon reasonable notice Page I of 15 YLWD Supplies Agreement 6/14 and shall be retained by Supplier for three (3) years after the termination of this Agreement. 1.2 Extra Services. Before performing any services outside the scope of this Agreement or providing Materials other than as set forth in Attachment A hereto (collectively, "Extra Services"), Supplier shall submit a written request for approval of such Extra Services and receive written approval from District. District shall have no responsibility to compensate Supplier for any Extra Services provided by Supplier without such prior written approval. 1.3 Communications. Supplier acknowledges that continuous and effective communication between District, Supplier, and other consultants/contractors (as appropriate) is necessary to accomplish timely delivery of the Materials required by District. When requested by District, Supplier shall attend District meetings and shall coordinate its activities with all appropriate individuals and consultants/contractors. 1.4 Price Adjustment. The price established by this Agreement and set forth in Supplier's may be adjusted on the 130' month and 25`x' month of this Agreement. For the 13ffi month through the 24`h month, the price increase would be equal to the Orange County area average Consumer Price Index (CPI) increase for the 2014 calendar year. For the 25`h month through the 3e month, the price increase would be equal to the Orange County area average Consumer Price Index (CPI) increase for the 2015 calendar year. If the Supplier desires an adjustment as set forth in this section 1.4,it must provide written notice to District no later than the first day of the 12th month of this Agreement (for the increase between the 13th month and 24`h month of this Agreement) and no later than the first day of the 24`h month of this Agreement (for the increase between the 25th month and 360' month of this Agreement). 2.0 TERM AND TERMINATION. The term of this Agreement shall be three (3) years from the Effective Date unless earlier terminated as provided herein. District may terminate this Agreement at any time upon ten (10) days written notice to Supplier. Notice of termination shall be in writing and provided as set forth in Section 7.0 below. Termination shall be effective on the date the notice is served as provided in Section 7.0. 3.0 INDEPENDENT CONTRACTOR. The Parties agree that the relationship between District and Supplier is that of an independent contractor and Supplier shall not, in any way, be considered to be an employee or agent of District. Supplier shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of District. 4.0 INTENTIONALLY OMITTED 5.0 INDEMNIFICATION. To the fullest extent permitted by law, Supplier shall defend, indemnify and hold harmless District, its directors, officers, employees and authorized volunteers from and against all claims and demands of all persons arising out of Supplier's performance under this Agreement (including the furnishing of Materials), including but not limited to claims Page 2 of 15 YLWD Supplies Agreement 6/14 by the Supplier, Supplier's employees and any subcontractors for damages to persons or property, except for damages resulting from the willful misconduct or active negligence of District, its directors, officers, employees, or authorized volunteers. Supplier shall defend, at Supplier's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against District or any of its directors, officers, employees, or authorized volunteers, with legal counsel reasonably acceptable to District. Supplier shall pay and satisfy any judgment, award or decree that may be rendered against District or any of its directors, officers, employees, or authorized volunteers, in any and all such aforesaid suits, actions, or other legal proceedings for which Supplier is obligated to defend, indemnify and hold harmless District, its directors, officers, employees and authorized volunteers under this Agreement. Supplier shall reimburse District or its directors, officers, employees, and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Supplier's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by District or its directors, officers, employees, or authorized volunteers. 6.0 INSURANCE REOUIREMENTS. Prior to execution of this Agreement, and at any time thereafter on request, Contractor shall provide executed certificates of insurance in the form attached hereto as Attachment `B" evidencing the required coverage and limits for each insurance policy. District may also, at any time, request submittal of policies and policy endorsements acceptable to District evidencing the required coverage and limits. Each insurance policy shall be primary insurance as respects District, its affiliated organizations and its and their respective officers, directors, trustees, employees, agents, consultants, attorneys, successors and assigns (collectively, the "Covered Parties") for all liability arising out of the activities performed by or on behalf of Consultant. Any insurance, pool coverage, or self- insurance maintained by Covered Parties shall be excess of Consultant's insurance and shall not contribute to it. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the Covered Parties or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to loss. Consultant waives its right of recovery against the Covered Parties for damages covered by insurance required by this Agreement. Consultant shall require similar written express waivers and insurance clauses from each of its subcontractors. The insurer issuing the Workers' Compensation insurance shall amend its policy to waive all rights of subrogation against the Covered Parties. Each insurance policy shall provide, or be endorsed to provide, that coverage shall not be cancelled except after thirty (30) days prior written notice by U.S. Mail (ten (10) days for non- payment of premium) has been given to District. If Supplier, for any reason whatsoever, receives notice from any company providing insurance coverage in connection with this Agreement, in any form, oral or written of an intent to cancel or of actual cancellation of a policy it shall, on the same day it receives such notice, provide District with such notice by electronic mail and U.S. Mail together with a copy of any written notice it received. Unless otherwise approved by District, each insurance provider shall be authorized to do business in California and have an A.M. Best rating (or equivalent) of not less than "A-:VII." Consultant shall provide and maintain at all times during the performance of this Agreement the following insurance: (1) Page 3 of 15 YLWD Supplies Agreement 6/14 Commercial General Liability ("CGL") insurance; (2) Automobile Liability insurance; and (3) Workers' Compensation and Employer's Liability insurance. 6.1. Commercial General Liability. Each CGL policy shall identify Covered Parties as additional insured, or be endorsed to identify Covered Parties as additional insured using a form acceptable to the District. Coverage for additional insured shall not be limited to vicarious liability. Defense costs must be paid in addition to limits. Each CGL policy shall have liability coverage limits of at least $1,000,000 per occurrence for bodily injury, personal injury and property damage, and $2,000,000 aggregate total bodily injury, personal injury and property damage. CGL insurance and endorsements shall be kept in force at all times during the performance of this Agreement and all coverage required herein shall be maintained after the term of this Agreement so long as such coverage is reasonably available. 6.2. Automobile Liability. Each Automobile Liability policy shall require coverage for "any auto" and shall have limits of at least $1,000,000 for bodily injury and property damage, each accident, and shall use ISO policy form "CA 00 O1," including owned, non-owned and hired autos, or the exact equivalent. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the CGL policy described above. Automobile Liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement and all coverage required herein shall be maintained after the term of this Agreement so long as such coverage is reasonably available. 6.3. Workers' Compensation/Employer's Liability. Consultant shall cover or insure the existence of coverage under the applicable laws relating to Workers' Compensation insurance, all of their employees employed directly by them or through subconsultants at all times in carrying out the Work contemplated under this Agreement, in accordance with the "Workers' Compensation and Insurance Act" of the California Labor Code and any amendatory Acts. Consultant shall provide Employer's Liability insurance with limits of at least $1,000,000 each accident, $1,000,000 disease policy limit, and $1,000,000 disease each employee. By Consultant's signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and that Consultant will comply with such provisions before commencing Work under this Agreement. Upon the request of District, subconsultants must provide certificates of insurance evidencing such coverage. Page 4 of 15 YLWD Supplies Agreement 6/14 7.0 NOTICES. Any notice may be served upon either Party by delivering it in person, or by depositing it in a U.S. Mail Deposit Box with the postage thereon fully prepaid, and addressed to the Party at the address set forth below: District: Marc Marcantonio, General Manager Yorba Linda Water District 1717 E. Miraloma Placentia, California 92870 Supplier: [INSERT] Any notice given hereunder shall be deemed effective in the case of personal delivery, upon receipt thereof, or, in the case of mailing, at the moment of deposit in the course of transmission with the United States Postal Service. 8.0 WARRANTY. Supplier warrants that all Materials supplied under this Agreement will be merchantable,undamaged,and fit for the particular purpose for which they are intended. 9.0 ASSIGNMENT. Neither Supplier nor District may assign or transfer this Agreement, or any part thereof, without the prior written consent of the other Party, which shall not be unreasonably withheld. 10.0 WAIVER. Supplier waives, releases, and relinquishes all rights to file any Stop Work Notice,Notice of Intent,Notice of Lien, Mechanic's Lien, or other encumbrance against District, District's Contractor(s), Surety(ies), Principal(s), Project(s),or any monies earned by same. 11.0 ATTORNEY'S FEES. In the event of any action arising out of, or in connection with, this Agreement, or the work to be performed hereunder, the prevailing Party shall be entitled to have and recover, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including without limitation, its attorney's fees. 12.0 BINDING ARBITRATION. Within thirty (30) days after service of a civil action on either Party arising out of, or in connection with, this Agreement, either Party may elect to submit the action to binding arbitration before the Judicial Arbitration and Mediation Service ("JAMS"), located in Orange County. The Parties agree that upon an election to arbitrate, any civil action filed will be stayed until arbitration proceedings have concluded. Upon submission of the matter to JAMS, the submitting Party shall obtain from JAMS a list of three (3) randomly selected arbitrators and serve said list upon the other Party. In the event that there are more than two parties to the action, the number of arbitrators randomly selected and included in the list shall be increased by two for each additional party involved. Upon service of the randomly selected list of arbitrators, each party shall have twenty (20) days to eliminate two arbitrators from the list and return it to JAMS, with the selected arbitrator being the remaining name on the list. Should more than one name remain on the list, JAMS will randomly select the arbitrator from the names remaining on the list. Arbitration shall be scheduled for hearing on the merits no Page 5 of 15 YLWD Supplies Agreement 6/14 later than six (6) months after the date the arbitrator is selected. All parties shall be permitted to conduct discovery as provided by the current rules contained in the California Code of Civil Procedure. All costs of JAMS or of the arbitrator for services shall be divided equally among the Parties, unless otherwise ordered by the arbitrator. In an arbitration to resolve a dispute under this provision, the arbitrator's award shall be supported by law and substantial evidence. 13.0 ENTIRE AGREEMENT. This Agreement and the attached Attachment "A" represent the entire and integrated agreement between District and Supplier and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Parties. 14.0 ARC FLASH DISCLAIMER. Notwithstanding anything to the contrary contained herein, (a) the District is responsible for determining that any arc flash and/or flame resistant merchandise being provided by Supplier is appropriate for the intended use of the District and its employees, (b) Supplier does not provide any warranty that any merchandise to be supplied under this Agreement is fit for any particular purpose as the District is in the best position to determine what merchandise is appropriate for its needs, and (c) the District assumes all risks associated with the use of the arc flash and/or flame resistant merchandise and Supplier shall not be liable (and no indemnifications will apply) for any loss, injury, or death arising out of, or in any way related to, the use of any arc flash and/or flame resistant merchandise, except to the extent such loss, injury or death is due to the willful misconduct or negligence of Supplier or its agents or employees. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be entered into as of the day and year written above. District: Supplier: Yorba Linda Water District By: By: Marc Marcantonio, General Manager (Name & Title) APPROVED AS TO FORM: Kidman Law LLP By: Arthur G. Kidman, General Counsel Attachments: Attachment A: Materials List and Price Schedule Page 6 of 15 YLWD Supplies Agreement 6/14 Attachment B: Insurance Certificates Page 7 of 15 YLWD Supplies Agreement 6/14 ATTACHMENT A MATERIALS LIST AND PRICE SCHEDULE Page 8 of 15 YLWD Supplies Agreement 6/14 RFP SPECIFICATIONS FOR UNIFORM SERVICE CONTACT A. GENERAL PURPOSE MERCHANDISE: 42 employees requiring up to nine uniforms each, four changes per week. The quality of said uniform at issue shall be new, the same type shirt and pant that the District is currently using and services rendered shall be comparable to generally accepted standards of industrial laundries. The District reserves the right to add employees to its uniform list and uniform costs shall be pursuant to the existing contract rate per uniform. The District will provide a complete list of uniform totals based upon the needs of each of its employees. B. TERM OF CONTRACT: 36 month contract, price increase during the contract term may be requested once per year of the contract never to exceed the Orange County CPI for that year upon approval of the District. The vendor selected by the District will be required to execute an agreement similar to the one attached. C. RATE: The vendor shall submit a price structure for the following: Total #of Weekly Unit Weekly Cost Weekly Item Employees Inventory I Rate per Employee Rental Shirts(Short/Long Sleeve) 42 9 $ @14 $ $61.92 Pants 42 9 $ ./y $ 1 b $.52.92 Coveralls All 72 $ .15 $ . y $ 10.V (ARC Flash)Work Shirt All 8 $ $ 1.2 $ 2..5(p (ARC Flash) Work Pant All 6 $ $ .91# 1 $ /.92. (ARC Flash)Coverall All 3 $ , V $ $ rq(p Weekly Unit Replacement Total Weekly Item Inventory Rate Cost Rental Shop Towels (Red) 250 $ ,04 $ . 2-0 $ 10.00 Towel Maint 2% 5 $ $ . ZO $ �• �� Terry Towels(White) 150 $ 2, $ 10' $ �0 0 Towel Maint 2% 3 $ . 20 1 $ . 7-0 $ . 60 3 x 5 Appearance Mat- $ $ oo $ 00 Gray I 12 2's� 10. 30. 4 x 6 Appearance $ $ Gray pp Mat- I 1 3•Q0 I 7S '00 I $ ,&00 4 x 6 Thick Mat 4 $ -4.00 $ 75.00 $ 1-2-00 3 x 10 Thick Mat 1 $ 3.00 $ 7.5•°O I $ 3- 00 Total Weekly Rental $ 184.68 Delivery Fee $ 10.00 Estimated Weekly Total" $ Iq y,b$ "Plus sales tax if applicable \1UTILBILLS RV\Data\OPERATIONS DEMGeneral Operations\CONTRACTS\Uniforms\Uniforms 2016\Uniform Bid Spec's Template-(5- 1 1-16).doc D. DELIVERY DATE It is our intention that the vendor will receive one month prior to the beginning of the contract to come in and measure and make adjustment for all uniforms, so that when the contract becomes active all sets of uniforms will be tailored and ready for employee to wear. If you feel you can not meet this time line please provide your reason in your quoted Proposal. E. TITLE OF PROPERTY: Merchandise is the property of vendor. F. NO HIDDEN CHARGES FOR: Repairs, increases due to rise in consumer price index, abuse charges,additional service charges or the like. G. DAMAGE: The vendor shall assume normal wear and tear damage to uniforms and remain responsible for repair or replacement as required. The District shall assume a limited liability with regard to uniform conditions. Please submit your proposals to the District no later than 2:00 pm on December 7, 2016, and of course, please feel free to contact me if you desire further information concerning our request. Proposals should be sent to: Yorba Linda Water District Uniform Service Contract Operations Assistant 1717 E. Miraloma Ave Placentia, Ca. 92870 ITEM NO. 9.8 AGENDA REPORT Meeting Date: December 22, 2016 To:Board of Directors From:Marc Marcantonio, General Manager Presented By:Gina Knight, HR/Risk and Safety Manager Dept:Human Resources/Risk Management Reviewed by Legal:No Prepared By:Amelia Cloonan, Human Resources Analyst Subject:Claim for Damages Filed by Kari and Jason Buck SUMMARY: A claim was filed with the District on December 12, 2016 for a bill to repair a broken pipe. STAFF RECOMMENDATION: That the Board of Directors reject and deny the claim filed by Kari and Jason Buck. DISCUSSION: The District contractor has been performing work on a project to replace a water line in the area of Short Street and Lakehaven Way. In the claim submitted to the District on December 12, 2016, claimants state that their sprinkler line was cut when a new hydrant was installed. Claimants also state the line was subsequently cut a second time when the contractor worked on the hydrant. It is the District's contention that the cost is the responsibility of the contractor, and Claimant should file a claim against the contractor, not the District. The claim form and supporting documents are on file and available for review in the office of the General Manager. ITEM NO. 10.1 AGENDA REPORT Meeting Date: December 22, 2016 Budgeted:Yes Total Budget:$90,000 To:Board of Directors Cost Estimate:$90,000 Funding Source:Water Operating Fund From:Marc Marcantonio, General Manager Account No:1-1010-0440-00 Presented By:Marc Marcantonio, General Manager Prepared By:Annie Alexander, Executive Assistant Subject:Committee, Agency and Intergovernmental Meeting Assignments STAFF RECOMMENDATION: That the Board of Directors consider the proposed committee, agency and intergovernmental meeting assignments for the next calendar year. DISCUSSION: Pursuant to the Board of Directors' Policies and Procedures (Resolution No. 16-12), the newly elected President shall make committee, agency, and intergovernmental meeting assignments, subject to consent of the Board, following the annual reorganization of the Board of Directors. In addition, the purpose of each established committee shall be reviewed by the Board, prior to making these assignments, in order to determine their continuing relevance. The previous Board established three joint/interagency committees and one citizens advisory committee. Two Board members will also need to be assigned to serve as Active and Alternate Directors for the Orange County Sanitation District (OCSD) and historically, the Directors have attended a number of intergovernmental meetings on a regular basis. The Total Budgeted and Estimated Cost amounts listed above include compensation for Board, Committee and intergovernmental meeting attendance at a maximum of $150 per day up to 10 days per calendar month as allowed by statute and established by Ordinance No. 03-01. OCSD Board members are compensated by OCSD at a rate of $212.50 per day for meeting attendance (up to six meetings a month with the average being two) and receive no health insurance benefits from OCSD. The Chair may be compensated for up to 10 meetings per month. The Active director may also be asked to participate on one or more OCSD committees. President Miller will be submitting his proposed committee, agency, and intergovernmental meeting assignments for the next calendar year based on feedback received from the Directors. Following a determination of the Board, staff will complete and post Form 806 on the District's website as required by the FPPC. ATTACHMENTS: Name:Description:Type: Committee_and_Intergovernmental_Meeting_Assignments.xls Backup Material Backup Material YORBA LINDA WATER DISTRICT Board of Directors' Committee, Agency and Intergovernmental Meeting Assignments JOINT / INTERAGENCY COMMITTEES 2017 YLWD / MWDOC / OCWD Jones Meets bi-monthly on 4th Tuesday at 4:00 p.m.Nederhood YLWD / City of Yorba Linda Miller Meets as required (generally once a month).Nederhood YLWD / City of Placentia / GSWC Nederhood Meets as required.Miller OTHER COMMITTEES CAC TBD Meets monthly on 4th Monday at 8:30 a.m. INTERGOVERNMENTAL MEETINGS 2017 YL City Council (Mtg 1)Miller Meets 1st Tuesday of the month at 6:30 p.m. http://www.ci.yorba-linda.ca.us/ YL City Council (Mtg 2)Nederhood Meets 3rd Tuesday of the month at 6:30 p.m. http://www.ci.yorba-linda.ca.us/ YL Planning Comm (Mtg 1)Hawkins Meets 2nd Wednesday of the Month at 6:30 p.m. http://www.ci.yorba-linda.ca.us/index.php/elected-officials/commissions/planning-commission YL Planning Comm (Mtg 2)Hawkins Meets 4th Wednesday of the month at 6:30 p.m. http://www.ci.yorba-linda.ca.us/index.php/elected-officials/commissions/planning-commission MWDOC Board of Directors (Mtg 1)Nederhood Meets 1st Wednesday of the month at 8:30 a.m. http://www.mwdoc.com/ MWDOC Board of Directors (Mtg 2)Nederhood Meets 3rd Wednesday of the month at 8:30 a.m.Meets 3rd Wednesday of the month at 8:30 a.m. http://www.mwdoc.com/ OCWD Board of Directors (Mtg 1)Jones Meets 1st Wednesday of the Month at 5:30 p.m. http://www.ocwd.com/ OCWD Board of Directors (Mtg 2)Jones Meets 3rd Wednesday of the month at 5:30 p.m.` http://www.ocwd.com/ OCSD *Hawkins Meets 4th Wednesday of the month at 6:00 p.m.Jones (Alternate) http://www.ocsd.com/ WACO Jones Meets 1st Friday of the month at 7:30 a.m. http://www.mwdoc.com/waco ISDOC TBD Meets months with 5th Thursday at 11:30 a.m. http://www.mwdoc.com/isdoc LAFCO (As Needed)Nederhood Meets 2nd Wednesday of the month at 8:30 a.m. http://oclafco.org/ ACWA/JPIA ˟Miller Meets semi-annually in May and November. http://www.acwajpia.com/ * Submission of Form 700 to OCSD required. Additional committee participation may be necessary. ˟ Submission of Form 700 to ACWA/JPIA required. ITEM NO. 10.2 AGENDA REPORT Meeting Date: December 22, 2016 Budgeted:No To:Board of Directors Cost Estimate:$85,000 Funding Source:All Water Funds From:Marc Marcantonio, General Manager Presented By:John DeCriscio, Operations Manager Dept:Operations Reviewed by Legal:N/A Prepared By:Javier Martinez, Water Prod. Superintendent CEQA Compliance:N/A Subject:Well 15 Repairs and Modifications SUMMARY: As per the Board of Directors Procurement and Purchasing Policy Resolution No. 13-03, Section 5, Non-scheduled Capital Asset Repair and Replacement which describes the procedures and authority to be used for the acquisition of personal property; repair or modification of District equipment or structures; or obtaining labor materials, supplies or services related to non-scheduled capital asset repair and replacement. The repair or replacement exceeding $50,000 requires that the item be agenized for authorization from the Board of Directors. STAFF RECOMMENDATION: That the Board of Directors authorize the General Manager to approve a purchase order in the amount of $85,506 for repairs and modifications needed for Well 15 to be conducted by Best Drilling and Pump, Inc. DISCUSSION: On September 18, 2016, District Well #15 experienced a trip fail in which the on call water system operator responded. Upon responding to the alarm the operator evaluated the situation and determined the Well was not able to be re-started and further investigation into the cause of the failure was needed. On Tuesday, October 11, 2016 Best Drilling and Pump Company Inc. was hired to pull the pump and motor assembly from the well and transport it to their facility in Colton for inspection of the equipment. After a complete inspection of the well equipment, an itemized proposal with the recommended repairs, modifications to the discharge piping, cleaning of the well casing as recommended by the Operations Department was submitted for our review. The Board of Directors have been informed of the condition and potential repair needs during the Operations Managers verbal reports at the September 22, 2016 and October 13, 2016 regular board meetings. The well was originally drilled in 1960 and records indicate that the last major service and repairs were performed in February of 1997 by General Pump Company. The work to be performed by Best Drilling and Pump Company Inc. will bring District Well #15 back online as a productive groundwater source. The modifications to the pump base pedestal and discharge piping will bring the well into current AWWA Standards. During the 2016 annual sanitary survey with the California State Water Resource Control Board, (CSWRCB) the modification to the pump base and discharge piping were discussed and the CSWRCB representative was in support of the recommended modifications. The modification of the pump base and discharge piping will provide better protections against contaminants entering the well through the sanitary seal. The quote from Best Drilling and Pump Company Inc. has been evaluated by staff. Staff has determined the quote meets the needs for the repairs and modifications. Additionally the charges for the materials and services are within industry standards for similar materials and services provide by other companies who are qualified to perform this type of work. ATTACHMENTS: Name:Description:Type: Well_#15_Quote_R1.pdf Well #15 Quote Backup Material Customer:Yorba Linda Water District Proposal #:20900 1717 E. Mira Loma Ave.Contact:Javier Martinez Placentia, Ca. 92870 Date:12/5/2016 Well or Description of Work:Well #15 Terms:Due Upon Receipt Quantity Description Price Unit Total Pump Repair 1 Sand blast and paint discharge head $500.00 EA. $500.00 1 New 1-1/2" Layne & Bowler packing box $1,100.00 EA. $1,100.00 1 New 1-1/2" head shaft $750.00 EA. $750.00 1 8"x5' column pipe TBE $110.00 EA. $110.00 1 8"x1-1/2"x5' water lube column assembly $460.00 EA. $460.00 13 8"x1-1/2"x10' water lube column assemblies $592.00 EA. $7,696.00 14 3/4"x 10' Sch. 40 PVC flush thread sounding tube $17.00 EA. $238.00 1 140' of 1/4" stainless steel airline, bands & buckles $890.00 EA. $890.00 1 New Goulds 12RJHC-5 Stage bowl assembly $6,512.00 EA. $6,512.00 1 8" x20' suction pipe with 316 SS cone strainer $780.00 $780.00 1 Shop labor to clean, assemble and load $720.00 LS. $720.00 1 Crane and crew to install pump, disinfect pump during $9,480.00 LS. $9,480.00 install and perform start up Well Head Demolition and Elevation change 1 Mobilization $6,250.00 LS. $6,250.00 1 Demo existing well head $10,750.00 LS. $10,750.00 1 FRP new well head at new elevation $8,500.00 LS. $8,500.00 1 Raise existing above ground discharge pipe $10,000.00 LS. $10,000.00 1 Install new pipe supports $3,750.00 LS. $3,750.00 1 Relocate and raise electrical $5,500.00 LS. $5,500.00 1 Patch asphalt around well head $2,500.00 LS. $2,500.00 Well Rehab 16 Wire brush and bail well $470.00 HR. $7,520.00 1 Perform down hole video log $1,500.00 EA. $1,500.00 TOTAL $85,506.00 Quotation Form 1640 Pellisier Road, Colton, CA 92324 Telephone: (951) 684-1952 Fax: (951) 684-3852 Email: DGarcia@BestDrillingandPump.com Contractor No.: C-57, 826672 ITEM NO. 11.1 AGENDA REPORT Meeting Date: December 22, 2016 To:Board of Directors From:Marc Marcantonio, General Manager Presented By:Marc Marcantonio, General Manager Prepared By:Annie Alexander, Executive Assistant Subject:Rescheduling Time of Regular Board Meetings DISCUSSION: At the request of Director Hall, this item has been placed on the agenda to provide the Board with the opportunity to discuss the regular meeting times. Pursuant to Section 30521 of the Water Code and Section 54954(a) of the Government Code, the Board is required to provide (by ordinance or resolution), for the time and place of holding its regular meetings. The Board of Directors' Policies and Procedures (Resolution No. 16-12) currently stipulates that all regular meetings be held on the second and fourth Thursday of each month at 8:30 a.m. at the District's Administration building. Should the Board desire to make a change to this schedule, an amendment to the Board's Policies and Procedures will be required. Staff is in the process of preparing the estimated costs associated with changing the time of the District's regular meetings to later in the day (after normal business hours). This information will be made available to the Board and public before the meeting. ATTACHMENTS: Name:Description:Type: Excerpt_from_BOD_Manual.pdf Backup Material Backup Material Agenda_Report_Backup_-_Item_No.11.1.pdf Backup Material Distributed Less Than 72 Hours Prior to the Meeting Backup Material 20 reimbursement benefits are urged to contact the Internal Revenue Service or other experts in tax law. 9.21 Reimbursements shall be processed when proof of purchase and original itemized receipts are submitted by the Director along with a completed form within 30 days of purchase. 9.22 Failure to submit a completed form within this time frame shall result in a denial of the Director’s request for reimbursement of the expense. A. The electronic equipment and related items for which reimbursement is provided shall become the property of the Director and all maintenance is the sole responsibility of the Director. B. Notwithstanding the foregoing, staff may, from time to time as deemed necessary, provide paper copies of District information to Directors and such provision of paper copies shall not affect the reimbursement of expenses as provided in this section. 9.23 Should a Director experience a loss or theft of electronic equipment for which the full or partial expense was reimbursed by the District, said Director shall submit a written statement and/or police report to the Finance Manager or the General Manager for auditing purposes prior to requesting reimbursement of expenses for the purchase of replacement equipment. Requests for reimbursement of expenses for replacement equipment shall be subject to the limitations and requirements as set forth above. 9.24 All communications expense reimbursement requests shall be reviewed and approved by the Finance Manager or the General Manager. Any requests for reimbursement that fall outside the limitations contained in this policy shall be reviewed and approved by the President or Vice President. Disclosure of Expenditures/Reimbursements 9.25 A full accounting of expenditures of public funds under this policy shall be made and become part of the records of the District. 9.26 All reimbursements paid by the District of at least $100 for each individual charge for services or product received, shall be disclosed in an annual report following the end of each fiscal year. Reimbursement of an individual charge includes, but is not limited to, one meal, lodging for one day, transportation, or a registration fee paid to any Director. This report shall be made available for public inspection upon request. 9.27 All travel expenses and reimbursements paid by the District on behalf of a Director shall be disclosed in a quarterly report and provided to the Board for review at a regular meeting. 10.0 BOARD MEETINGS, GENERAL All meetings of the Board shall be held at the District’s Administration Building located at 1717 East Miraloma Avenue, Placentia, California. All meetings of the Board shall be open and public and all persons are invited to attend. The District shall continue to implement all applicable 21 requirements of the Ralph M. Brown Act to ensure transparent, open and responsive government. 10.1 Regular Meetings A. All regular meetings of the Board shall be held on the second and fourth Thursday of each month at 8:30 a.m. If these days happen to coincide with a holiday designated by law or otherwise recognized by the District, the meeting shall be rescheduled to a date and time as determined by a majority vote of the Board. 10.2 Special Meetings A. Special meetings of the Board may be called by the President or a majority of the Board. Whenever a special meeting of the Board is called, notice in writing shall be delivered by the Secretary to each Director, and if notice is requested in writing, to each local newspaper of general circulation and radio or television station. The notice shall be delivered personally or by any other means and shall be received at least 24 hours in advance of the meeting. The notice shall specify the time and place of such meeting and the purpose of the meeting. The written notice may be dispensed with as to any Director who, at or prior to the time the meeting convenes, files with the Secretary a written waiver of notice. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. 10.3 Emergency Meetings A. In the event of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, the Board may hold an emergency special meeting without complying with the 24 hour notice required in Section 10.2 herein. An emergency situation means a crippling disaster which severely impairs public health, safety, or both. The President, or the Vice President in the absence of the President, or the General Manager, may determine if an emergency situation exists. B. Whenever an emergency meeting of the Board is called, notice in writing shall be delivered by the Secretary to each Director, and if notice is requested in writing, to each local newspaper of general circulation and radio or television station. The notice shall be delivered personally or by any other means and shall be received at least one hour in advance of the meeting. In the event that telephonic services are not functioning, the notice requirement of one hour is waived. The Secretary shall then notify such newspapers, radio stations, or television states of the fact of the holding of the emergency meeting, and of any action taken by the Board, as soon after the meeting as possible. C. No Closed Session may be held during an emergency meeting, and all other rules governing special meetings shall be observed with the exception of the 24 hour notice. The minutes of the emergency meeting, a list of persons the Board or designee notified or attempted to notify, a copy of the roll call vote(s), and any actions taken at such meeting shall be posted for a minimum of ten days in the District office as soon after the meeting as possible. Cost Analysis – Holding Board of Directors’ Meetings at Night Holding Board of Directors’ meetings at night gives ratepayers who work during the day the opportunity to attend the meetings, to provide oversight and to share input when appropriate on District-related matters. Families with young children may prefer earlier meetings so as not to interrupt family time and activities. Retirees may have more free time during the day. The costs associated with holding night Board of Directors’ meetings involve minimal additional expenses to keep the lights and air conditioning on and to pay overtime for non-exempt staff who are required to work after normal business hours. Pursuant to the Yorba Linda Water District Personnel Rule 4.03 Payment of Overtime: Work performed by nonexempt employees in excess of forty hours in a seven day work period is compensated at the rate of time and one half the employee’s regular rate of pay, either as paid time at the one and one half rate of pay or as compensatory time accrued at the rate of one and one half rate of pay. Exempt non-management employees receive straight time for hours worked in excess of 40 hours in a seven day work period. District management staff have the flexibility to adjust work schedules in order that the District may meet its work goals and objectives. This issue was discussed among the Management team earlier in the week to determine how many non-exempt employees would be required to work after regular business hours for the evening meetings. Staff discussed that Management would flex the work schedules of their staff members attending the evening meetings to avoid additional salary expenses. Management determined that the only staff member required to work a full day and stay after hours would be the District’s Facilities Maintenance Worker, as this position is key to keeping the facilities working properly. The HR Manager discussed with the Bargaining Unit President what the impact would be to the Bargaining Unit employee. It was determined there would be no impact. The individual’s regular rate of pay is $27.89/hour, with an overtime rate of $41.83/hour. Backup Material Distributed Less Than 72 Hours Prior to the Meeting ITEM NO. 11.1. ITEM NO. 11.2 AGENDA REPORT Meeting Date: December 22, 2016 To:Board of Directors From:Marc Marcantonio, General Manager Presented By:Damon Micalizzi, Communications Manager Dept:Administration/Public Affairs Prepared By:Damon Micalizzi, Communications Manager Subject:Overview of Citizens Advisory Committee SUMMARY: In 2009, the YLWD Board of Directors formed a Citizens’ Advisory Committee (CAC) to enhance communication with District customers and to receive feedback from the community. The group is made up interested residents who wish to learn more about water management and water resources. The Committee is an independent body that serves at the pleasure of the Board. The CAC typically meets on the fourth Monday of each month to discuss water and sewer issues such as rate changes, conservation, water quality, water supply reliability, and other pertinent issues. CAC Meetings are open to the public. The committee provides excellent feedback to the Board and staff of the District. Members act as informal representatives of the District, as they are able to convey information back to their neighborhoods, civic associations and workplaces. In 2009 all 19 people who applied were appointed to the Committee By 2011 the number of active members had dwindled to 7 In 2011 the Board took applications and appointed 5 more members to the Committee There are presently 8 active members of the Committee (four original members & four 2011 appointees) ITEM NO. 15.1 AGENDA REPORT Meeting Date: December 22, 2016 Subject:Meetings from December 23, 2016 - January 31, 2017 ATTACHMENTS: Name:Description:Type: BOD_-_Activities_Calendar.pdf Backup Material Backup Material Event Date Attendance by: January 2017 Yorba Linda City Council Tue, Jan 3 _____ MWDOC Wed, Jan 4 _____ OCWD Wed, Jan 4 _____ MWDOC Elected Officials Forum Thu, Jan 5 WACO Fri, Jan 6 _____/_____ Board of Directors Special Meeting Mon, Jan 9 LAFCO Wed, Jan 11 _____ (As Needed) Yorba Linda Planning Commission Wed, Jan 11 _____ Board of Directors Regular Meeting Thu, Jan 12 Yorba Linda City Council Tue, Jan 17 _____ MWDOC Wed, Jan 18 _____ OCWD Wed, Jan 18 _____ Citizens Advisory Committee Meeting Mon, Jan 23 _____ Interagency Committee Meeting with MWDOC and OCWD Tue, Jan 24 _____/_____ OCSD Wed, Jan 25 _____/_____ Yorba Linda Planning Commission Wed, Jan 25 _____ Board of Directors Regular Meeting Thu, Jan 26 6:30PM 8:30AM 5:30PM 8:30AM 4:00PM 6:00PM 8:00AM 6:30PM 8:30AM 6:30PM 8:30AM 8:30AM 5:30PM 6:00PM 7:30AM 4:00PM Board of Directors Activity Calendar Time 6:30PM 12/11/2016 12:37:57 PM ITEM NO. 16.1 AGENDA REPORT Meeting Date: December 22, 2016 Subject:MWDOC Elected Officials' Forum - January 5, 2017 STAFF RECOMMENDATION: That the Board of Directors approve Director attendance at this event if desired. ATTACHMENTS: Name:Description:Type: MWDOC_Forum.pdf Backup Material Backup Material Semiannual Elected Officials' Forum January 5, 2017  6:00 p.m. to 8:00 p.m.  *Due to the hour, a modest meal will be provided    Please Join Us  We would like to invite you to join us for our semiannual  Elected Officials' Forum on Thursday, January 5, 2017.  The agenda will includes a discussion on the following:    California WaterFix   Governor Brown's Updated Drought Regulations  If you have any additional items you'd like to suggest for  discussion, please go to this survey link:  http://tinyurl.com/electedofficialssurvey     Logistics  We request that each City and Water District designate one  elected official to attend the meeting as their official  representative. Other elected officials or staff are, of  course, welcome to attend.      We will be providing a modest meal of sandwiches,  beverages, and light snacks. The meeting will begin at 6:00  p.m.      In order to provide name plates and sufficient seating,  please register all attendees using the link provided in the  sidebar, or contact Leah Frazier at (714) 593‐5001 or  lfrazier@mwdoc.com .      ~Please register   all attendees~     Register Now       When:  Thursday, January 5, 2017   6:00 p.m. to 8:00 p.m.  *Due to the hour, a modest  meal will be provided.  Where:  MWDOC Board Room  18700 Ward Street  Fountain Valley, CA 92708  Directions  RSVP Contact:  Leah Frazier  Administrative Assistant  (714) 593‐5001  lfrazier@mwdoc.com   OTHER MATERIALS SUBMITTED DURING THE MEETING MATERIALS SUBMITTED BY: Brett Barbre MEETING DATE: December22,2016 Orange County Water Providers Water Provider Imported Water Groundwater Connections City of Anaheim MWD" OCWD I 62 000 City of Brea MWDOC CDWC 11 000 City of Buena Park MWDOC 4- _ - -- -� - OCWD - 20,000 City of Fountain Valley MWDOC OCWD 16,000 City MWD OCWD - 29,000 City of Garden Grove MWDOC OCWD 34,000 City of Huntington Beach MWDOC OCWD 1 52,000 City of La Habra MWDOC CDWC 14,000 -- - - _ — -- ity o a alma MWDOC j _ _ OCWD- 4,500 City of-Newport Beach MWDOC OCWD 26,000 City of Orange MWDOC OCWD 37,000 City of San Clemente MWDOC N/A 16,000 City of San Juan Capistrano MWDOC N/A 35,000 City of Santa Ana MWD* j OCWD 46,000 City of Seal Beach MWDOC OCWD 5,200 Cit of Tustin MWDOC W City l ___ OCD - - 13,932 City of Westminster-- - MWDOCOcW20,000 East Orange County Water District �_ MWDOC OCWD 1,200 El-Toro-Water District MWDOC N/A 11,000 Golden State Water Company -- - MWDOC OCWD 41,000 Irvine Ranch Water District MWDOCOCWD 156,000 Laguna Beach County Water District MWDOC N/A _ 81500 Mesa Consolidated Water District MWDOC OCWD 23 000 Moulton Niguel Water District MWDOC N/A 53,000 Orange County Water District MWDOC OCWD n/a Santa Margarita Water District MWDOC N/A 49,000 Serrano Water District MWDOC OCWD 2,300 South Coast Water District MWDOC ( N/A 12,000 Trabuco Canyon Water District MWDOC N/A 4,000 - -- -- - - - Yorba Linda Water District { MWDOC OCWD 22,000 LEGEND MWDOC = Municipal Water District of Orange_ County _ MWD = Metropolitan Water District of Southern California OCWD -Orange County Water District CDWC - California Domestic Water Company N/A- No Groundwater * Original MWD member agency