HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 06/12/2001 i
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East Valley Water District
1155 DEL ROSA AVENUE, SAN BERNARDINO, CA
REGULAR BOARD MEETING June 12, 2001 2:00 P.M.
AGENDA
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"In order to comply with legal requirements for posting of agenda, only those items filed with the District
Secretary by 10:00 a.m. on Tuesday prior to the following Tuesday meeting not requiring departmental
investigation, will be considered by the Board of Directors".
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
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1. Approval of Agenda
2. Public Comments
CONSENT CALENDAR
3. Approval of Board Meeting Minutes for May 29, 2001.
4. Approval of Special Meeting Minutes (Board Workshop) for May 30, 2001 .
5. Approval of Special Board Meeting Minutes for June 4, 2001.
6. Approval of Liens for Delinquent Water and Sewer Accounts.
7. Approval of Development Agreement between East Valley Water District and Centex Homes to
provide domestic water and sewer service to forty-six (46) dwelling units located North of
Greenspot on the West side of Plunge Creek in the City of Highland.
S. Resolution 2001.10 — Notice of Completion for Tank Replacement at Plant 125, South of
Greenspot Road and East of Cone Camp Road in the City of Highland by Superior Tank Company,
Inc.
9. General Fund Disbursements # 185157 through #185294 in the amount of$342,427.79 and Payroll
Checks 48878 through #8931 in the amount of$65,092.84, totaling $407,520.63.
OLD BUSINESS
10, Radon Rule Update.
11. Consideration of requests to revise Section 9 of District Ordinance No. 358 (Backflow Program)
from Dimitri Vassilakos, Uri Leder and Dean Carpenter.
12. Status and Update of the FERC Re-licensing Program.
NEW BUSINESS
13. Directors fees and expenses for May 2001.
14. Approval of Agreement between East Valley Water District and Union Bank of California (UBOC)
concerning succession of trustee and paying agent with respect to Refunding Certificates of
Participation/Series 1996,
15. Agreement No. 2001.06 — Installation of discharge piping and appurtenances for Well 147 located
at 29250 Abbey Way in the City of Highland between SOCAL Pump & Well Drilling, Inc. and East
Valley Water District.
16. Agreement No. 2001.07 — Waterline Improvements for Well 147 located at 29250 Abbey Way in
the City of Highland between SOCAL Pump & Well Drilling, Inc. and East Valley Water District.
17. Agreement No. 2001.08 — Equipping a Well for 2000 ,pm at Plant 147 located at 29250 Abbey
Way in the City of Highland between SOCAL Pump & Well Drilling, inc. and East Valley Water
District.
18. General District Election on November 6, 2001.
19. Authorization for buy back of vacation time.
20. Claim for Damages at from Steve and Jill Miller.
REPORTS
21. May 25, 2001 — Releases of Lien for Delinquent Water and Sewer Accounts.
22. General Manager's Report
23, Oral Comments from Board of Directors.
CORRESPONDENCE
24. Correspondence to members of the Advisory Commission on Water Policy.
MEETINGS
25. ASBCSD MEMBERSHIP MEETING, Blue Whale Lakeside Restaurant, Big Bear Lake, CA.,
June 18, 2001.
ADJOURN
2
DRAFT SUBJECT TO APPROVAL
EAST VALLEY WATER DISTRICT
REGULAR BOARD MEETING MAY 29, 2001
MINUTES
The meeting was called to order at 2:00 p.m. by President Lightfoot. Director Negrete
led the flag salute.
PRESENT: Directors Wilson, Negrete, Goodin, Lightfoot
ABSENT: Director Sturgeon
STAFF: Robert Martin, General Manager; Paul Dolter, District Engineer;
Alberta Hess, Chief Financial Officer; Mary Wallace, Administrative
Assistant.
LEGAL COUNSEL: Steve Kennedy (Conference Call)
GUEST(s): Edward "Duke" Hill; Ryan Bressler; Dimitri Vassilakos
APPROVAL OF AGENDA
The General Manager requested that the following Closed Session Item:
16. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code Section 54956.9(c):
One Potential Case.
be added to the Agenda as the need to add the items arose after the Agenda had been
posted.
M/S/C (Wilson-Goodin) that the May 29, 2001 Agenda be approved with revision
recommended by the General Manager.
PUBLIC PARTICIPATION
President Lightfoot declared the public participation section of the meeting open at 2:03
~, p.m.
Mr. Vassilakos presented a letter from himself to Mr. Baliga (DOHS) regarding the
District's Cross-Connection program.
There being no further written or verbal comments, the public participation section was
closed.
APPROVAL OF MAY 14, 2001 BOARD MEETING MINUTES.
M/S/C (Negrete-Goodin) that the May 14, 2001 Board Meeting Minutes be
approved as submitted.
APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS.
The Chief Financial Officer stated that the owner of property at 7901 Rose Ct. had paid
the account and should be removed from the lien list.
M/S/C (Negrete-Goodin) that the liens for delinquent water and sewer accounts
be approved for processing with the exception as noted by the Chief Financial Officer.
DISBURSEMENTS
M/S/C (Negrete-Goodin) that General Fund Disbursements #184998 through
#185156 in the amount of $311,633.75 and Payroll Fund Disbursements #8824 through
#8877 in the amount of $60,555.52 totaling $372,189.27 be approved.
REQUEST FROM EDWARD G. HILL, JR. FOR A SINGLE SEWER LATERAL FOR
SlX (6) SINGLE FAMILY RESIDENCES was presented to the Board for approval.
The General Manager recommended approval of the request from Mr. Hill contingent
upon review of the agreement by legal counsel and the acceptance and approval of the
agreement amongst the parties involved.
M/SIC (Negrete-Wilson) that the project be approved as outlined by the General
Manager.
RADON RULE UPDATE
The General Manager reported on the District's progress with the Rule to date; that
there was no new action to report, information only.
BALLOTING RESULTS FOR ALTERNATIVE LAFCO FUNDING. Information only.
MAY 14, 2001 RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER
ACCOUNTS.
List of liens released on May 14, 2001 was reviewed. Information only.
MINUTES:O$/29/O]
SEPTEMBER 29, 2000 RELEASES OF LIEN FOR DELINQUENT WATER AND
SEWER ACCOUNTS.
List of liens released on September 29, 2000 was reviewed. Information only,
GENERAL MANAGER'S REPORT
The General Manager reported on District operations to date; that the carbon filter units
at Well #28 were in the process of being changed; that other District facilities were
being prepared for summer weather. Information only.
ORAL COMMENTS FROM BOARD OF DIRECTORS.
President Lightfoot asked whether there was anything new to report on the "golf
course" project. Information only.
There being no further verbal or written comments from the Directors, this section of the
meeting was closed.
WESTCAS 9th ANNUAL CONFERENCE - JUNE 20-22, 2001, HYATT ISLANDIA
HOTEL, SAN DIEGO, CA. Information only.
WATER RESOURCES INSTITUTE "MANAGING CALIFORNIA'S WATER
RESOURCES", JUNE 29, 2001, ONTARIO AIRPORT HILTON HOTEL, ONTARIO,
CA. Information only.
LEASE AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY (RDA) OF THE
CITY OF SAN BERNARDINO AND THE EAST VALLEY WATER DISTRICT(EVWD)
was presented to the Board for approval.
The Lease Agreement between the RDA and EVWD was discussed at length. Legal
counsel was requested to present several revisions to the agreement to the Agency
and the item was deferred for further discussion and action until then.
DIRECTOR NEGRETE LEFT THE MEETING AT 3:07 P.M.
CLOSED SESSION
M/S/C (Goodin-Wilson) that the meeting adjourn to Closed Session.
The Board entered into dosed session at 3:08 p.m. as provided for in the California
Open Meeting Law, Government Code Section 54945.9(a), to discuss the item listed on
the Agenda.
3 MINUTES:05/29/01
ADJOURN TO REGULAR SESSION
M/S/C (Goodin-Wilson) that the meeting adjourn to regular session,
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
The Board returned to session at 3:18 p.m.
The item listed on the Agenda was discussed in closed session with no reportable action
being taken except to authorize the Board President to sign the PRP Agreement, the
Joint Defense Agreement, and the First Amendment to PRP Agreement for the Gibson
Environmental Site in Bakersfield, California.
No discussion or action was taken on the item added on to the Agenda.
ADJOURN
The meeting was adjourned at 3:10 p.m.
Glenn R. Lightfoot, President
Robert E. Martin, Secretary
4 MINUTES:05/29/OI
DRAFT SUBJECT TO APPROVAL
EAST VALLEY WATER DISTRICT
SPECIAL MEETING(BOARD WORKSHOP) MAY 30, 2001
MINUTES
The Special Meeting (Board Workshop) was called to order at 9:00 a.m. by
President Lightfoot. Director Goodin led the flag salute.
ROLL CALL
PRESENT: Directors: Wilson, Goodin, Negrete, Lightfoot
ABSENT: Director Sturgeon
STAFF: Robert Martin, General Manager; Paul Dolter, District
Engineer; Alberta Hess, Chief Financial Officer; Mary
Wallace, Administrative Assistant
GUEST(s): Joseph W. Monroe
The Board President stated that this meeting is a workshop only. No decisions
will be made.
Major projects, Future Capital Projects, Cash on Hand, Operating Reserves,
Existing Water and Sewer Rates, Water and Sewer Rate Comparisons,
Proposals and Recommendations, and Detailed Budget.
No decisions were made.
The meeting was adjourned at '10:30 a.m.
Glenn R. Lightfoot, President
Robert E. Martin, Secretary
Bd.Workshop Minutes:05630/01
DRAFT SUBJECT TO APPROVAL
EAST VALLEY WATER DISTRICT
SPECIAL BOARD MEETING JUNE 4, 2001
MINUTES
The Special Meeting was called to order at 2:03 P.m. by President Lightfoot.
Director Sturgeon led the flag salute.
ROLL CALL
PRESENT: Directors: Wilson, Sturgeon, Lightfoot
ABSENT: Directors Negrete, Goodin
STAFF: Robert Martin, General Manager; Paul Dolter, District
Engineer; Alberta Hess, Chief Financial Officer; Mary
Wallace, Administrative Assistant
LEGAL COUNSEL: Steve Kennedy
GUEST(s): None
APPROVAL OF AGENDA
M/S/C (Wilson-Sturgeon) that the June 4, 2001 Agenda be approved as
submitted.
PUBLIC PARTICIPATION
President Lighffoot declared the public participation section of the meeting open at
2:04 p.m, There being no written or verbal comments, the public participation
section was closed.
PROPERTY ACQUISITION DOCUMENTS FOR WELL SITE 120 were presented to
the Board for approval.
M/S/C (Wilson-Sturgeon) that the general provisions of escrow be approved
and that the General Manager and Legal Counsel be authorized to respond to the
owner's request for information.
Special Meeting :06104101
RESOLUTION 2001.09 - ACCEPTANCE OF REAL PROPERTY GRANT DEED was
presented to the Board for approval.
M/S/C (Wilson-Sturgeon) that Resolution 2001.09 be approved.
ADJOURN
The meeting was adjourned at 2:15 p.m,
Glenn R. Lightfoot, President
Robert E. Martin, Secretary
V
2 Special Meeting:O6/Q4/O1
DEVELOPMENT AGREEMENT
THIS AGREEMENT is made this __ day of , , by and between EAST
VALLEY WATER DISTRICT, a public agency (hereinafter "the DISTRICT"), and CENTEX
HOMES, (hereinafter "the DEVELOPER").
RECITALS
A. The DISTRICT is a County Water District organized and operating pursuant to
California Water Code Section 30000 et seq.
B. The DEVELOPER proposes to subdivide and develop certain real property within
the boundaries of the DISTRICT which is located North of Greenspot on the West side of Plunge
Creek, in the City of Highland, County of San Bernardino, State of California, and is generally
identified as Tract No. 15375 (hereinafter "the PROPERTY"). A copy of the Tentative Tract
Map for the PROPERTY is attached hereto as Exhibit "A" and is incorporated herein by this
reference.
C. The development of the PROPERTY will consist of 46 dwelling units, and the
DEVELOPER desires that the DISTRICT provide domestic water and sewer service to the
PROPERTY. The DEVELOPER intends to design and construct the facilities necessary for
water and sewer service to be furnished to the PROPERTY.
D. The DISTRICT supplies domestic water and sewer service within the area to be
served and is the public agency empowered by law to provide such services to the PROPERTY.
E. The purpose of this AGREEMENT is to provide the terms and conditions under
which the DEVELOPER will design and construct the facilities necessary for the DISTRICT to
supply water and sewer service to the PROPERTY (hereinaRer "the PROJECT").
COVENANTS
NOW THEREFORE, in consideration of the preceding Recitals and the mutual
Covenants contained herein, the parties hereto agree as follows:
Section 1. DESIGN OF FACILITIES. The DEVELOPER agrees to design the water and
sewer facilities for the PROPERTY in the following manner and according to the Rules and
Regulations of the DISTRICT:
a. The DISTRICT agrees to provide to the DEVELOPER tentative
water and sewer plans which conform to the requirements of the DISTRICT.
b. The DEVELOPER agrees to design the water and sewer facilities
for the PROPERTY in accordance with the DISTRICT's Standards for Design and
Processing of Water and Sewer Plans and the tentative plans provided by the
DISTRICT. The designs shall be submitted to the DISTRICT in a complete form
which shall provide sufficient information for review and approval by the
DISTRICT in the exercise of its sole discretion.
c. The DISTRICT may request certain changes in the plans to
provide for oversizing of facilities, which DEVELOPER agrees to incorporate into
the plans and specifications for the PROPERTY.
d. The DEVELOPER shall furnish the DISTRICT with any and all
easements necessary for the construction, operation, maintenance, and repair of any
and ail water and/or sewer facilities to be installed and/or used for the PROJECT.
All easements shall be submitted to the DISTRICT for review and approval by the
DISTRICT in the exercise of its sole discretion prior to the DISTRICT's acceptance
of any dedication of the PROJECT facilities under Section 6 of this
AGREEMENT.
e. The DEVELOPER shall submit all plans, drawings, specifications,
and contract documents, for all work to be performed pursuant to this
AGREEMENT, to the DISTRICT for review and approval, if acceptable to the
DISTRICT. The DISTRICT agrees to review all such documents in a timely
manner and, upon inclusion of all changes thereto requested by the DISTRICT in a
manner satisfactory to the DISTRICT, the DISTRICT will provide the
~' DEVELOPER with authorization to proceed. The DEVELOPER shall not proceed
with the construction of the PROJECT and any other water or sewer facilities for
use on the PROPERTY until the DISTRICT so authorizes.
Section 2. CONSTRUCTION OF FACILITIES. The DEVELOPER agrees to construct the
PROJECT and all other water and sewer facilities necessary for the PROPERTY in the following
manner subject to the DISTRICT's approval:
a. The DEVELOPER shall obtain all necessary permits from the (city
or county) and all other public or private agencies required for the construction
thereof. The PROJECT and the facilities appurtenant thereto shall be constructed
at a location determined by the DISTRICT, and shall be relocated by the
DISTRICT at the DEVELOPER's sole expense if such relocation is deemed
necessary by the DISTRICT in its sole discretion. The DEVELOPER hereby
grants the DISTRICT full access to the PROPERTY and all other locations where
the work contemplated herein is to be performed.
b. All facilities constructed pursuant to this AGREEMENT shall be
in accordance with accepted standards and practices in the industry and in
compliance with all local, state, and federal laws, roles, and regulations. The
DEVELOPER shall be responsible for providing all labor, materials, and
equipment necessary to perform the work for the PROJECT, and such work shall
be performed in a timely and workmanlike manner by a party or entity acceptable
to the DISTRICT. All such facilities shall conform to the DISTRICT's Standard
Specifications for the Fumisking of Materials and the Construction of Water and
Sewer Pipelines. All costs and liabilities in connection with the design and
construction of the PROJECT shall be borne solely by the DEVELOPER.
c. The DISTRICT shall inspect and approve all work to be performed
~ under this AGREEMENT. However, any approval by the DISTRICT of such
work, or of the designs, specifications, reports, and/or materials furnished
hereunder, is understood to be conceptual approval only and will not operate to
relieve the DEVELOPER or its contractors, consultants, or subcontractors of
responsibility for complying with all laws, codes, industry standards, and liability
for damages caused by negligent acts, errors, omissions, noncompliance with
industry standards, or theLr own willful misconduct. Further, neither the
DISTRICT's review, approval, or acceptance of any of the work or services
performed in connection with this AGREEMENT shall be construed as a waiver of
any rights hereunder or of any defense or cause of action which the DISTRICT
may have arising out of the performance of this AGREEMENT or any previous or
subsequent agreements. The DEVELOPER shall cause the facilities constructed
under this AGREEMENT to be inspected as required by any and all other public or
private agencies.
Section 3. DEVELOPER'S COSTS. In addition to all other obligations imposed upon the
DEVELOPER under this AGREEMENT, the DEVELOPER shall be responsible for the payment
of all of the following:
a. The DEVELOPER shall pay to the DISTRICT all, or any portion,
of the connection fees for the PROPERTY at the time of application for water and
sewer service therefor. The DISTRICT will provide water and sewer service only
to those specific subdivision lots within the PROPERTY for which payment in full
has been made to the DISTRICT.
b. The DEVELOPER shall be solely responsible for the payment of
all costs, fees, and expenses associated with the construction, inspection, operation,
maintenance, repair, and relocation of the PROJECT, including all costs, fees, and
expenses incurred for the environmental analysis, engineering, and design of the
PROJECT.
c. The DEVELOPER shall comply with all rules, regulations,
resolutions, and ordinances of the DISTRICT that are currently in place or may
hereafter be adopted, and shaiI pay when due any and ail fees, deposits, charges,
rates, fmcs, penalties, taxes, and/or assessments that may be levied by the
DISTRICT.
d. The DEVELOPER hereby consents, and waives any objection, to
the exercise of any and all collection remedies that are available to the DISTRICT
under the law upon the PROPERTY and/or the person and/or property of
DEVELOPER and its shareholders and partners.
Section 4. SECURITY.
a. The DEVELOPER shall provide performance, completion, and/or
payment bonds for the PROJECT in the minimum amount of not less than 100
percent of the estimated construction costs containing covenants which are
acceptable to the DISTRICT and the (city or county) .
b. The DEVELOPER shall provide a maintenance bond for the
PROJECT in the amount of 100 pement of the construction cost, which shall
contain covenants which are satisfactory to the DISTRICT. Such bond shall
remain in force for at least twelve (12) months from the date of acceptance by the
DISTRICT of the dedication of said facilities.
c. The DEVELOPER shall also procure and maintain during the
performance of this AGREEMENT such policies of insurance, bonds from an
acceptable surety, cash deposits, escrow accounts, letters of credit, and other forms
of security, in amounts and upon terms deemed sufficient by the DISTRICT in its
sole discretion to protect the DISTRICT from any and all exposure to loss and/or
liability.
Section 5. COSTS FOR OVERSIZING. Pursuant to Section 1.c. of this AGREEMENT, the
DISTRICT agrees to pay to the DEVELOPER the incremental cost of oversizing any PROJECT
facilities greater than twelve inches (12'*) in diameter for water distribution pipelines and ten
inches (10") in diameter for sewage collection pipes. The DISTRICT shall determine the amount
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~,~ of the incremental cost of oversizing and the method of payment in the exercise of its sole
discretion pti.or to its acceptance of the PKOJECT facilities.
Section 6. DEDICATION OF FACILITIES.
a. The DEVELOPER shall, upon completion of the construction of
all facilities to be installed hereunder to the satisfaction of the DISTRICT, dedicate
said facilities to the DISTRICT by a deed of dedication or such other instrument as
the DISTRICT may prescribe, and the DISTRICT agrees to accept the dedication
thereof by formal action of its Board of Directors. Thereafter, such dedicated
facilities shall become and be operated and maintained by thc DISTRICT as part of
the DISTRICT's water and sewer system. The DISTRICT shall not accept
dedication of said water or sewer facilities until all connection fees have been paid
unless otherwise allowed under Section 3.a. hcrein.
b. The DEVELOPER hereby grants the DISTRICT full access to the
PROPERTY for the purpose of installing, operating, inspecting, maintaining, and
repairing all meters, valves, and other appurtenances necessary for the DISTRICT
to record, regulate, and control the amount of water pumped therefrom.
Section 7. SERVICE RESTRICTIONS. Any obligation on the part of the DISTt~ICT to
supply water to the PKOPEKTY pursuant to the terms of this AGREEMENT shall be excused in
the event that the performance thereof is interrupted for any of the following reasons: riots,
wars, sabotage, civil disturbances, insurrection, explosion, court order, natural disasters such as
floods, earthquakes, landslides, and fires, and other labor disturbances and other catastrophic
events which are beyond the reasonable control of the DISTRICT. Notwithstanding any other
provision to the contrary, the DISTRICT may suspend or refuse water service to the PKOPEKTY
if the DEVELOPEK is in breach, default, or violation of this AGKEEMENT or any rule,
regulation, resolution, and/or ordinance of the DISTRICT that is currently in place or may
~ hereafter be adopted, or if such service would adversely affect the health, safety, or welfare of
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the DISTRICT's customers, or for any other reason deemed paramount by the DISTRICT in its
sole discretion.
Section 8. NO REPRESENTATIONS, WARRANTIES, OR CLAIM OF WATER
RIGHTS. The DISTRICT makes no express or implied representations or warranties concerning
the quality, pressure, or temperature of any water delivered pursuant to the terms of this
AGREEMENT, or the manner in which the water is provided, or its fitness for any particular
purpose, and the DISTRICT shall not be held liable for any losses incurred or damages sustained
as a direct or indirect result thereof, nor shall the DISTRICT be held liable for any losses
incurred or damages sustained after the water furnished hereunder is transferred to the PROJECT
facilities. Any water conveyed by the DISTRICT under this AGREEMENT shall not serve as
the basis of, or otherwise support, any water rights claim that may be asserted by the
DEVELOPER.
Section 9. LIABILITY FOR DAMAGES. The DISTRICT shall not be held liable or
responsible for any debts or claims that may arise from the operation of this AGREEMENT, or
for any damage claims for injury to persons, including the DEVELOPER and/or its officers,
directors, shareholders, guests, invitees, trespassers, agents, contractors, consultants, and
employees, or for property damage, from any cause arising out of or in any way related to the
PROPERTY, the PROJECT, and/or the DEVELOPER% obligations hereunder.
Section 10. ..RELEASE. The DEVELOPER hereby expressly waives and releases the
DISTRICT and its agents, officers, directors, and employees from any and all liability for the
claims, actions, and/or losses set forth in Section 9 above and for any costs and expenses
incurred in connection therewith. The DEVELOPER, notwithstanding the provisions of
California Civil Code § 1542, which provides as follows:
"A general release does not extend to claims which
the creditor did not know or suspect to exist in his or her favor at the
time of the executed release which if known by him or her must have
materially affected his or her settlement with the debtor."
expressly waives and relinquishes all rights and benefits afforded to the DEVELOPER
thereunder and under any and all similar laws of any state or territory of the United States with
respect to the claims, actions, and/or losses referenced above. This AGREEMENT shall act as a
release of any claims that may arise from the aforementioned whether such claims are currently
known or unknown. The DEVELOPER understands and acknowledges the significance and
consequences such specific waiver of Civil Code § 1542 and hereby assumes full responsibility
for any injuries, damages, losses, or liability that may result from the claims identified above.
This AGREEMENT shall also act as a release of any claims, actions, and/or losses set forth in
Section 9 above, that may arise in the future whether such claims are currently foreseen or
unforeseen.
Section 11. HOLD HARMLESS. Excepting the sole or active negligence or willful
misconduct of the DISTRICT, the DEVELOPER shall indemnify and hold the DISTRICT and
its officers, directors, agents, and employees harmless from and against all claims and liabihties
of any kind arising out of, in connection with, or resulting from, any and all acts or omissions on
the part of the DEVELOPER and/or its officers, directors, shareholders, partners, assignees,
guests, invitees, trespassers, agents, contractors, consultants, and employees in connection with
the PROPERTY, the PROJECT, and the performance of their obligations under this
AGREEMENT, includ'mg design defects, even if occurring after the completion of the
PROJECT, and defend the DISTRICT and its officers, directors, agents, and employees from any
suits or actions at law or in equity for damages, and pay all court costs and counsel fees in
connection therewith. In addition, the DEVELOPER agrees to defend, indemnify, and hold the
DISTRICT harmless from and against all claims, losses, liabilities, damages, demands, actions,
judgments, causes of action, assessments, penalties, costs, expenses (including, without
limitation, the reasonable fees and disbursements of legal counsel, expert witnesses, and
accountants), and all foreseeable and unforeseeable consequential damages which might arise or
be asserted against the DISTRICT and/or the DEVELOPER with regard to the PROPERTY
and/or the PROJECT which are alleged and/or determined to be tortious, and/or in violation of
present and future federal, state, and local laws (whether under common law, statute, rule,
regulation, or otherwise), including, but not lirnited to, the California Environmental Quality Act,
Public Resources Code Section 21000 et seq., and the Guidelines adopted thereunder, California
Code of Regulations Section 15000 et seq., all as the same may be amended from time to time.
Section 12. NOTICES. Any notice, tender, or delivery to be given hereunder by either
party to the other shall be effected by personal delivery in writing or by registered or certified
mail, postage prepaid, remm receipt requested, and shall be deemed communicated as of mailing
or in the case of personal delivery, as of actual receipt. Mailed notices shall be addressed as set
forth below, but each party may change its address by written notice in accordance with this
section.
If to the DISTRICT: East Valley Water District
P.O. Box 3427
1155 Del Rosa Avenue
San Bernardino, CA 92413
Atto: General Manager
If to the DEVELOPER: clm'r,'~x
2280 }IARDI..OI./ CIRCLE
CORONA, CA 92880-2896
Attn: JEFF ACKER
Section 13. DISPUTE~. Any dispute or controversy arising out of, under, or in connection
with, or in relation to this AGREEMENT, and any amendments thereto, or the breach thereof,
which is not resolved informally by prior mutual agreement of the parties hereto, shall be
submitted to arbitration in accordance with the California Arbitration Act, Sections 1280 through
1294.2 of the Code of Civil Procedure. The cost of such arbitration shall be paid by the panics
equally; however, the prevailing party in the arbitration shall be entitled to reimbursement of its
attorneys fees and other costs incurred in connection therewith.
Section 14. ATTORNEYS FEES. If a dispute arises which cannot be resolved by
arbitration, regarding the breach or enforcement of the provisions of this AGREEMENT, the
prevailing party therein shall be entitled to recover ail attorneys fees and other costs actually
incurred in connection with reaching a resolution of the dispute whether or not an action, cla'n-n,
or lawsuit is filed. In any action brought, the entitlement to recover attorneys fees and costs will
be considered an element of costs and not of damages.
Section 15. INUREMENT. This AGREEMENT and all provisions hereof shall be jointly
and severally binding upon, and inure to the benefit of, the parties hereto, their respective heirs,
successors, legaI representatives, and assigns, and each of the shareholders and partners of the
DEVELOPER in their individual, separate, and/or other capacities.
Section 16. ASSIGNMENT. This AGREEMENT may not be assigned to any individual or
entity without the written consent of the parties hereto.
Section 17. INTEGRATION AND AMENDMENT. This AGREEMENT constitutes the
entire understanding of the parties hereto with respect to the subj eot matter hereof and supersedes
any and all prior agreements, whether oral or written, between the parties in connection
therewith. This AGREEMENT may not be amended unless in writing and signed by the parties
hereto.
Section 18. CAPTIONS. The captions of sections and subsections of this AGREEMENT
are for reference only and are not to be construed in any way as a part of this AGREEMENT.
Section 19. INTERPRETATION AND ENFORCEMENT. This AGREEMENT shall not
be construed against the party preparing it, but shall be construed as if both parties jointly
prepared this AGREEMENT and any uncertainty or ambiguity contained herein shall not be
interpreted against any one party. Failure by either party to enforce any provision of this
AGREEMENT, or any waiver thereof by such party, shall not constitute a waiver of said party's
right to enforce subsequent violations of the same or any other temas or conditions herein. This
AGREEMENT shall be enforced and governed by and under the laws of the State of California,
and venue for any action brought to interpret and/or enforce any provision of this AGREEMENT
shall be in a state or federal court located in the State of California that would generally have in
rem jurisdiction over the PROPERTY.
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Section 20. SEVERABILITY. If any portion of this AGKEEIvIENT is declared by a court
of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of this
AGREEMENT shall continue in full force and effect.
Section 21. TIME OF THE ESSENCE. Time is of the essence in this AGREEMENT, and
the parties hereto agree to proceed in good faith, with due diligence, to complete all covenants
and conditions set forth herein and to perform such further acts as is reasonably necessary to
effectuate the purpose of this AGREEMENT.
Section 22. AUTHORITY. Each individual executing this AGREEMENT on behalf of a
party hereto represents and warrants that he or she is fully and duly authorized and empowered to
so execute on behalf of such party, and that this AGREEMENT is binding in the manner set forth
in Section 15 hereof.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed by their respective officers as of the date first above written.
DISTRICT:
By:
East Valley Water Dislxict
President, Board of Directors
ATTEST:
Secretary
DEVELOPBR:
CE~'£~:x HOHBS
A ~I~vADA GENERAL PARTI/ERSHIP
~ ' ~ ~Zk .~ - ~I: CB'[': ~AL gSi~ CO~O~IO~
By:
[name] ~ c. ~L~ ITS: ~AG~G P~
[title] ~s~s~. s~c./~v.co~.
ATTEST:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California / ss.
County of Pd.v ,'r,~ IDlg
On 14~Y 25, 2001 , before me, ~ TKOI..-~, ~0~¥ PI]BLIC
Date Name and ~tle of Officer (e.s,, "Jane Doe, Nata~y Public")
personally appeared
Name(s) of Signer(s)
E~personally known to me
[] proved to me on the basis of satisfactory
evidence
----~R-- -Er~,---- - to be the person(s) whose name(s)is/are
subscribed to the within instrument and
~ ~/~- ~,.[J~'~A NotaryC°mmissi°n~ #118032~ ir acknowledged to me that he/she/they executed
Publ~- California ~ the same in his/her/their authorized
J ~.~ Rivers[ay Coun~
~~ capacity(les), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand/a~fficial seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: HI~RT.AN-D G~.OV~ TT, ~ 15375, ~.V~.hOPE~,I]Q~ &61,tl'~.
F~gT V~LLEY ~/AJ;Ea DIST. ~ CEI~'I'EJi HO14ES FOR
Document Date: PReY[sir_oN OF ~A'£~st~ & SEraT~rnber of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name: ~ C. I~[[.I.A~ ......
[] Individual
I~ Corporate Officer -- Title(s): AS S [ ST. SECREtARy/D IV. COIqTROT.T.I~R TOp of thumb here
[] Partner-- [] Limited [] General
[] Attorney in Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing: CEt~'J.'J~. HOI, I~S
Notary Public
12
~X]RIBIT "A"
[Tentative Tract Map for the PROPERTY]
13
VICINITY MAP
Trac'c No. I 5~75
No Scale
EXHIBIT "A"
RESOLUTION 2001.10
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE EAST VALLEY WATER DISTRICT
NOTICE OF COMPLETION
BE IT HEREBY RESOLVED, by the Board of Directors of the East Valley
Water District, as follows:
WHEREAS, based upon the certificate of completion executed by the
District for replacement of tank at Plant 125, south of Greenspot Road and East
of Cone Camp Road, APN 0297-051-01 in the City of Highland, completed by
contractor Superior Tank Company, Inc.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors
hereby determine that said contract is completed and the President and
Secretary are hereby authorized to execute a Notice of Completion on behalf of
the District, and the Secretary is hereby authorized and directed to record said
Notice of Completion in the office of the County Recorder, County of San
Bernardino, State of California.
The foregoing resolution was duly adopted at a meeting of the Board of
Directors of the East Valley Water District upon motion duly made, seconded and
carried on June 12, 2001.
Ayes:
Noes:
Absent:
EAST VALLEY WATER DISTRICT
Glenn R. Lightfoot, Board President
Attest:
Robert E. Martin, Board Secretary
(Seal)
W 2150
6/04/01 jw
RECORDING REQUESTED BY ]
]
AND WHEN RECORDED MAIL TO ]
]
V
Name East Va]isy Water District ]
]
Street PO Box 3427 ]
Address 1155 De] Rosa Avenue ]
]
City & San Bemardino, CA 92413 ]
State ]
AT'rENT[ON: JENNY WILUAMS
APN 0297-051-01
SPACE ABOVE THiS LINE FOR RECORDEE'S USE
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete
requirements.)
Notce is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property
hereinafter described:
2. The fulJ name of the owner is East Valtav Water District
3. Thefulladdressof[heownerlsPOBox3427 1155 DeI Rosa Avenue SanEemardino. CA92413
4. The nature of the interest or estate of the owner is, In fee.
(if other then f~e, Strike 'in fee' and insert, for example, 'purchaser under contract of purchase, 'or lessee')
E. The fu, names and rut addresses of all persons, If any, who hold ttie wffh the undersigned as joint te~nts or as tenants
~n ~3r~Rlo~l are:
NAME ADDRESS
East Vai~ev Water District. a C~untv Water District
S. A work of improvement on the property hereinafter described was c{3mplsted on Mav 31. 2001 . The work done was:
.S~e Exhibit 'A"
7. The name of the contractor, if any, for such work of improvement was Su~eflor Tank. Company, Inc.
January 17. 2001
(If no coneacfor for work of improvement as a whole, Insart 'r~ne' (Date of Contract)
8. The property on which said wDrk of improvement was completad is in the e]ty of Hlahland
County of San I~emardine , Stat~ of Ce]ifomis, and is described as folIows: .see Exhibit
9. The street address of said property is n~J3e
(If no sf~eet address bas been d~culty a~eignad, inser~, "none'.)
East Valley Water Dlsbtof
Data: Jurte 12. 2001
Glenn Llghffoot, Board Pres[dent
VERIFICATION
I, the undersigned, say:. I am the Secretar~ the declarant of the foregoing
("President of', ' Manager o~', 'A partner of', 'Owner of'. Etc.)
no'Joe of compleEon; I have read said not, ce of completion and know the contents thereof; the same is true of my knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on June 12 ,2001 , at San Bemardtao , California.
(Date of s[gnofure.} (City, where signed.)
(personal signature of the Individual who b swearing t~at the contants of the
notice of compfot~on are
Robert E. Martin, Board Secretary
12 7
£0¢~I0~ --
VICINITY MAP
E.V.W.D. PLANT NO. 125
LOCATION: South of Greenspot Road, east of Cone Camp Road
on S.B. Valley Water Conservation District Property
pltSite,xls
East Va ey Water District
TO: BOARD OF DIRECTORS /
FROM: ALBERTA M. HESS / CHIEF FINANCIAL OFFICER
SUBJECT: DISBURSEMENTS
DURING THE PERIOD MAY 22, 2001 THROUGH MAY 31, 2001 CHECK NUMBERS
185157 THROUGH 185294 IN THE AMOUNT OF $342,427.79 WERE ISSUED.
PAYROLL CHECKS 8878 THROUGH 8931 IN THE AMOUNT OF $65,092.84 WERE
DISTRIBUTED ON MAY 23, 2001.
TOTAL OF ACCOUNTS PAYABLE DISBURSEMENTS AND PAYROLL FOR THE PERIOD -
$407,520.63.
FROM : HICK_S_iI~!CHARDSON ;~SSQCIATES FAX NO, : 783 866 4928 May. 38 ~881 10:46AH P1
HICKS-RICHARDSON ASSOC1
P.O. BOX 2115
SPRINGFLELD, VA 22152-0 [ 15
FRED B, HICKS. Ph.D, TEL. 703466-4290
FAX; 703-866-492
Managing Partner
May 30, 2001
TO: Bob Martin and Skip W'~on
FROM: Fred B. Hicks
SUBJECT: Radon Updates
I just hung up with Richard H. (Dick) Moser, Vice President for Water Quality for
American Water Works Service Company and AwwaRF Trustee. I needed to chat with
him on AwwaRF business. During the conversation, I asked him about radon and
mentioned our continLfing work with the California delegation with regard to a sensible
regulation.
After a while Dick said something along the following lines: "I think we've got to imist
on a single standard for radon and thc only sensible level is 4,000 pCk If we spent our
money on protecting indoor air we could save a lot more lives than dealing with radon in
drinking water. How ia the world are we going to explain a dual radon standard to our
customers.9'' But then Dick said he didn't lmow how to achieve this end.
{ replied that the key was going to be the willingness of Administrator Whitman to send
legislation to the Congress mending the SDWA of 1996 to allow a single radon
standard, coupled with a.~sistaace for state radon air control programs. I also replied that
all politics are local and the fact rema;n~ that "Administrator" Whitman is first o£all New
Jersey native and "Governor" Whitman. I told him that we were going to have to move
forward in worldng with Governor Whitman to achieve thes~ ends.
Dick is thc former Mayor of Cherry Hill New Jersey and has campaigoed with both the
Governor and the local Republican Congressman who is Jim Saxton. I{e ~aid that he
would give som~ serious thought to how he might he able to add both his perSOnal effort
and the effort of Americaa Water Works Service Company towards aa outreach to
Administrator Whitman on radon.
Don't get me wrong. We're by no mem~ ready for this sort of meeting. But on the other
hand, we do need to think how we can bring along folks in New Jersey to work with the
Administrator, folks in Vermont to work with "Chairman" Seffords and the Senate
Environment and Public Works Committee etc. etc. to keep our momentum going.
DEL ROSA NEIGHB~-IOOD IMPROVEMENT AS~'~CIATION
c/o U. Leder, 16104 Rockyriver Lane, Cerrltos, CA 90703 Working Together for Success.
NOTES FOR EVWD MEETING OF 5/14/01 -- RE: CITIZEN ADVISORY COMMITTEE
In January, 2000, EVWD agreed to revise and clarify its Ordinance #355 relating to
backflow prevention devices (BPD's), and to create a Citizen Advisory Committee to advise
the District on it.
We welcomed that development, and matched its spirit of cooperation by suspending our
public effort of opposing the BPD's requirement, and looked forward to participate in a
serious and substantive review of the issue.
For that we formed the following objectives which would help make the revised ordinance: 1. Clear and unambiguous (reasonable protection where a need is clearly demonstrated).
2. Based on clear and unambiguous standards, surveys, and quantified assessments.
3. Be non-discriminatory and fair (same rules for similar situations).
4. Provide for Due Process procedures (notifications, surveys, remedies, appeals, etc.)
5. Comply fully with the controlling State regulations (no contradictions or deviations).
Just recently however, we were surprised and dismayed to find out that EVWD ignored its
own commitment to create a citizen advisory committee, and instead proceeded on its own
in a stealthy and arbitrary process of revising the Ordinance.
We feel bitter and deceived. EVWD proceeded behind our (and the community'.s) backs,
effectively keeping us at bay and in the dark, while all along we believed the revision
process was still on-going, and waited patiently for the Citizen Advisory Committee on
BPD's to be convened, and for our opportunity to participate and present our point of view.
Such practice has no place in a democratic society - forming policies in smoke-filled-roora
is not acceptable in the USA of the 21st century. And surely it is not the way a public-
serving agency like EVWD should act vis-a-vis the community and customers it serves.
We protest that unilateral action in the strongest terms, and request that the EVWD Board of
Directors take the necessary steps to rectify it by convening the Citizen Advisory
Committee as promised, and engaging in serious and substantive discussion of the
BPD's issues.
Sadly, a cursory review shows the new revision achieved none of the objectives listed above.
We request and expect that this document will be included in the records of this meeting, be
referred to in the minutes of this meeting, and be attached to said minutes.
May 22, 2001
Kalyanpur Baliga, ?h. D., P. E..
Senior Sanitary Engineer
Drinking Water Field Operations Branch
Health and Human Services Agency
Of the State of California
464 West 4~ Street, Suite 437
San Bemardino, CA 92401
Subject: Cross-Connection Control Program -East Valley Water District.
Dear Dr. Baliga:
I would like to know your understanding and interpretation of the Title 17 in the
following areas:
Does title 17 identify, or imply, that apa~'Unents with 8 or more ufiits or apartments with
swimming pools, require installation ora BPD?
If we can convince the EVWD to remov~ or disregard the ordinance 358 text stating that
apartments with 8 or more units, or apartments, with swimming pools, have to have a
BPD installed, would you approve this?
The EVWD may be willing to treat apa,U,,ent houses as regular houses if the title 17
interpretation allows it. Iftbe EVWD did th~s, would you approve it?
If we reach a compromise agreement with the EVWD, such as removing hose bibs in the
proximity of the pool, or removing the laundry room sink faucet, as an alternative to the
installation ofa BPD, would you approve such an agreement?
Additionally, if the "complexity" of the plumbing in the swimming pool equipment room
is the issue, would you accept a compromise agreement, between us and the EVWD, to
cut room walls so that the pool plumbing would be exposed showing no cross-
connection?
Can you, Mr. Baliga, suggest some other way, consistent with title 17, as an alternative
to the installation ofa BPD in an apartment house? Thank you.
Sincerely yours,
Demetrios Vassilakos
6380 Denair Ave.
Highland, CA 92346
May 14, 2001
To: The EVWD Board of Directors and Managers.
From: Demetrios Vassilakos
6380 Denair Ave.
Highland, CA 92346
Tel # (909) 864 3805
Subject: Appeal to the Board to redo the Backflow Prevention ordinance revision in the proper way.
On January 24, 2000, you announced a decision to appoint an ad-hoc citizens advisory committee to study,
research, and advise you on updating the Backflow Prevention Requirements and associated program. On the
same day you appointed me as a member of that committee.
On April 12, 2000, I received a call from the Board's Administrative Assistant Ms. Mary Wallace to attend a
meeting at the EVWD board room on the next day.
On April 13, 2000, I attended the mee:~ing. After a discussion of some BPD appearance and safety concerns
brought about by a representative of the city of Highland, I presented a paper titled "GUIDELINES FOR
REVISING THE EVWD ORDINANCES" in the areas related to BPD's.
~/1~,I emphasized in that presentation that we should not discriminate against any class of people, such as rich or
poor, homeowners or renters. I concluded my presentation, by stating the objective of revising the EVWD
ordinances so that they are up to date and fair to all water consumers. The revisions should be consistent with
the latest experience data and effective towards producing the highest water quality.
The rest of the meeting that day addressed costs and pricing issues related to water and sewer services.
After that day I called several times inquiring about meetings related to the back. flow related program. Every
time I was told that every body was busy with higher priority ( than BP) work.
In February 2001 my wife and I noticed the EVWD Notice of Public Hearing but it appeared to both of us that
it was about fees and charges for water and sewer services; the %aekflow" program was never mentioned.
Then, a week ago we heard that the EVWD had published a backflow regulation revised ordinance.
I am puzzled, dismayed, and unable to understand why you did the BPD ordinance revision in such a stealthy
way. I appeal to you to reconsider and redo the backflow ordinance revision by convening the ad-hoc
committee as you promised on 01/24/00 and getting a recommendations report from them. Any Public
Hearing Notices should be explicit asking for comments on the baekflow prevention program requirements.
Thank you.
Sincerely,
Demetrios Vassilakos.
Water Agency Status
Subject: Water Agency Status
Date: Su~ 3 Jun 2001 17:15:34 -0500
From: "Tim Moore" ctmoore~home, com>
To: "Steven Shapiro" <steven.shapiro@ferc.fed.us>,
"Dennis Melvin" <dennis.melvin~ferc.fed.us>
CC: <nino.mascolo~sce.com>
Hi Dennis & Steve:
The water agencies met last week to discuss continued participation in the Collaborative
Group process.
The decision was made that each individual agency would make an independent
determination regarding the value of continued negotiations. And, each will send their own
representative to future negotiating sessions. In addition, each agency will continue to
engage in bi-lateral discussions with other members of the Collaborative Group in an effort to
seek an acceptable settlement.
The Task Force has asked Roy and I to focus all of our attention on preparing a written
submission for the FERC Environmental Assessment. As you know, such submissions are
due by the end of August. Therefore, Roy and I will probably not be participating in any future
negotiating sessions unless asked to attend by one of the individual water agencies. If that
occurs, we will inform the Collaborative Group exactly who we represent at any given meeting.
If you have any questions, it is probably best that you contact each of the water agencies
directly.
Tim
Timothy F. Moore
Risk Sciences
1417 Plymouth Dr.
Brentwood, TN 37027
Ph: 615-370-1655
Fax: 615-370-5188
tmo ore(D, risksciences, com
1 of I 6/7/01 8:56 AM
FROM ~: HICKS RICHARDSON ASSQCIATES FAX NO. : ~5 866 4928 Sun. 05 ~01 02:35PM P1
HICKS-RICIIARDSON ASSOCIATES
P,O, BOX 2115
SPRINGFIELD, VA 22152-0115
FRED B. HICKS. Ph.D. TEL. 703- 866-4290
Mar~aging Partner FAX: 703-866-492 $
June 3, 2001
TO: Bob Marlin an,'] Skip Wilson
FROM: Fred B. Hicks
SUBJECT: The Madigan Letter
You meminned that the "Madlgan Letter" was repeatedly refereaced during thc
discussion this past week on the Santa Aha FERC reliee~ing issue. I have attached the
letter itself aed also related correspondence that passed beawecn then Agriculture
Secretary and Senators Malcolm Wallop of Wyoming and Senator I4snlc Brown of
Colorado with regard to FERC rellcensing.
AS you will sec after a brief review of this corre.spondence, Secretary Madigan could
hardly have been el~rer concernlng his Department's policy with regard to the US Forest
Service demanding by-pass flows as a part ora FERC relicensing issue.
Unless the Clinton Aclmln;~wation specifically changed this policy, then the Santa Ami
stakeholders should have something to hang their hat with regard to their own local issue.
I think it is also imemsting that the "Madigm lettea-" appears to have been created a.s a
divot response to expressions of concern from the Cone's. Clearly, we are going to
have to do something similar in the case of the Santa Aaa FERC relicensing.
In the attached pages:
· TI~ first letter dated August 12, 1992 is from Senator Hank Brown of Colorado to
Secretary Madigan.
* Th~ second letter dated October 6, 1992, is from Secretary Madigan back to
Senator Brown as is the third letter dated October 9,1992.
* The final letter dated November 8, 1992 is from John Beuter, Acting Assistant
Secretary of Natural Resources and Environment, USDA, to Senator Brown.
, FROM ~ H]CK$ RICHF~RDSDN ASS(2CIATE$ FAX NO. : 703 BGG 4~2B Jun, 03 2001 02:3~PM P2
APPENDIX R ~../ ~.e Page I of 6
APPENDIX B
United States Senate
Washington, D.C. 20510
August 12, 199:2
Thc Honorable Edward R. Madigan
Secreq, ar7
U.S. Department of Agriculture
Independence Ave. & t2th St., S.W.
Washington, D.C. 20250
~ Ed:
T'ae Arap~to/Roosevelt National Forest is located in Colorado and Wyoming. Many cities depend upon water diversion,
storage, ~ trea~amt structures in the Arapaho/Roosevelt Na/itmal Forest to maintain secure municipal water sapplies.
These facilities are operated and maintained under Forest Service special use permits issued under the Federal Land
Policy and Management Act of 1976 CgLPMA") or prior federal fight-of-way grants. Some of the faciliti~ are quite old
and were even con.~racted prior to the reservation of the lqational Forest, neaxly I00 years ago.
We have bcet~ in forraed that tho Forest Supervlsor for t/ne ^rupaho/Roosevelt National Fores-t takes the posiffon tha. t thc
Forest Sea'vice haS'the anthony to impos~ bypass flow roquiremea~ts as a condi~on of the renewal of'the spe~al use
lxn'mits or approvals of the maintonance and rehabilitation of mtmicipal wattx diversion and storage f:m:ilifies located on
the ForesL If implemented, these requii'emonts would result in the loss of the historic yields relied upon by ~hese water
providers_ This position violates the la,v, injures vested property rights, destroys established management practices, and
would result in the imple~aentation of envlronmentaliy damaging alternatives by the cities which would be forced to
replace thes~ mpp/ies ~can other soute,~.
The Forest Supervisor relies upon thc FLPMA and thc National Forest Management Act ("NFM^") as authority for the
bypass flow program. Neither of the,~ acts, however, compel, or even authorlz~, the Forest Service to restric~ the yield of
pro~xlstln8 water righls. To the contras, e primary purpose for the establishm~t and mnnngenlont oil thc Natlol~].
Forests, including the Arapaho/Roosevelt National Forest, is to sUpply western communities with water under snare
established and administered wa/er rigl~s.
Moreover, the enviror~mental goals of thc Forest can be achieved under existing la~v without talcing private property and
overturning a ce~t~t,y of federal det~rence to state water allocation and administration systems.
Water rights ca~ be obtained for inslream pusl~ses under state law, and if additiona! water is ~ee~ed, it can bo
purchased and transferred to instrearn flow ~ses.
V http://www, fa. fed.u.~qand/wat er/bypass 14.html 6/3/01
FROM ~: HICKS RICHARDSON ASSQCIATES FAX NO. : 705 866 4928 · Jun. 05 2001 02;35PM P5
APPENDIX B ,.~ ~ Page 2 of 6
The watc'r rights held by these cities ~ critically important. Many w~atcrn communities store 'aatcr on thc national
forests during thc spring snow melt for relea, se and usu downstream during tow flow periods over the r~mainder of the
year. Other conununities, because of the location of their service areas, rely on dirac~ diversions from streams which
flow fl~ug~ the national forests. Such wazer management practices actually provide onvia'onmental and rexa'eationai
bonefi1~, r~ther than impair et de~'~roy fish and wildlife. A cooperative s'y~em of water management, for example, in the
Upper pondr¢ River Basin, has evolved since before the tur~l of the century. The poli~ of the Arapaho/Roosevek
National Forest should be d~sigued to continue fostering these practices, not to de, roy or diminish thc valu~ of these
important assets.
The value of an acre-foot o£dev~loped water in Colorado's Front Range varies from $2,500 to .gl 1,500 per acne-feet of
yield, averaging apg~uxima~ly $7,500 a~ a~'e-foot. Moreover, many commtmitiea have invested millions of dollm's in
capital facilities such as pipelines, reserroirs and wa~er ~eatment plants. These erpendltures will be lost or diminish~
in value, and significant new inve~ment will be required Lfthe bypass flow prolp'~m is implemented. The Fores~ Service
does nol propose to compensate any el'the communilies for loss of water yield or their capital exp~*nses. The present and
~tture well-being of these communities depends upon continued ~e'rcise of their ~xlsting r/ghts or, iflhcy are to be
deprived of any portion at'their'.rates ~ield, being prodded with thc nec~.sary funds and governm~mtal approvals
required to replace the lost yield and facilities.
We cannel overe~npbasize 1he importance of this issue. If the F~c~ Service is aUowed to proceed in this manner, this
adminislration will have taken private property rights, interfered with the development and use of state and interstate
water allocations, and replaced state water administration systems with a federal permit syatc-m.
/n 1984, Mr. Douglas W. MacClcer~, I~ As~is~am Secretory of the U.S. Depan~ent of Agxicu/tur~ testified on
behalf of the Dopm b,~t of Agriculture ~ ~'r~a~ dlng thc pos~on of thc D~ent on related FLPMA i~aes, lie stated
that: "1 want to make it clear ~hat there is un intention to jeopardize water rights or other rights held by the permit~ee at
the time ofreaewaL" This position should not be changed. We are cea'mia thal neither you nor the President intend such
a tcs~R, and request that you immedia~ly adopt a policy which confirms that the special use pezmiRing authority of the
United S~tes will be exercised in a manner which is consistent with the preserv'~tion of private property ~ighLg assists
St,Rea in the developme~ of import:eat water resonr~ and does not usurp stat~ primacy over water allocatiou and
administration,
We would like to meet with you to discuss this ma~ter at your earliest convenience at, er the ~onclusion of thc August
recess.
Sinc.~rely,
DepaFtmcnt of Agriculture
Office of the Secretar7
Wo.qhin~toa, D.C. 202:50
Octobt.~ 6 1992
~ ht tp://www, rs. fed.us/land/water/bypass 14.h1~1 6/3/01
, FROM ~ HICKS RICHARDSON ASSQCIATES FAX NO. : 703 866 49~8 Jun. 03 ~l~l 02:37PM P4
APPENDIX B ,~ ,~
l-lonorable ~Isnk Brown
United States Senate
717 Hart S~a~e Office Building
W~zhing~on, D.C. 20510
Dear liankr
Thank you for your Augttst 12 loller regarding the renewal of special-uae permit~ for water supply facilities on the
ArupahofP, oozevelt Nafonal F~st in Colorado. I ande~tand the importance of this issue to cities throughout the west
that depend on facilities located an national forest lands for their water supplies.
This is a complex issue, but one that I believe has been resolvad ia a manner that is satisfactory to all interests. This
prot,n'ess is due in no sma]] part to your ongoing interest end lead~'sllip in this important area.
I wa:at to assure you that it is the policy of the Forest Servic~ to ensure thai; private !m'operty rights, including waC~er
rigi~, will be recogniz~d a~d protected in the cots-au of spocial-uae po'mitt{ag de~sions for ~Jsting water supply
facilities, ia addition, the Forest ae~ic~ will recognize and respect the role of the States in water allocation and
adminish'atien.
I agree that the Forest Service should not take actions that reduce historical water supplies from facilities located on
nal~onal forest Is,rids_ Thc F,~,~ Se~ice will reissue permil3 for exi~ing waler mpply fi~-ilitie$ for 20 years with
pro,Asloos to,mengnize and respo~ begs the rights of the applicants and the multiple us~ obi.'octives of the national
fora-sra. New byp'a,~ tlow r~uirements will not be imposed on existing water supply facilities. However, unless
amended, ail permits will authorize Only historical water rights associai~ with r~dia'iag facilities. The permits will also
obligate the pormitlcc to accommodate resource goals of the Forest ThLs accommodation will be to the extent feasible
without diminishing the water yield or substantially increasing the cost of the water yield fi.om the existing f~cility.
In summary, specJab~se ~naudts for existing water supply facilities will:
- Authoriz~/he u.se~ operation, maintenance, repair, and
replaceraent of the existing facilities described in aa
enclosure to the permit for the exercise of thc wat~ rights
a~d ~ coasea'vation or manageanent praesices,l-- ,;'oed in an add~onal enclosure to Oae permit_ Thc pennh will not
atmhorize expansion er enlargement' of the facilities or
wai-er rights, water conservation, or managomen! practices
described in the enclosure.
- Require the perm i-ace to operate the facilities in a
maimer that acenmmodatcs thc resource goals of the national
fores! wi{hont reducing the yield of the water rights or
significantly increasing the ccet of the water yield from
http://www, fa. fed.us/land/waterfoypass 14.html 6/3/01
· FROM ,: HICKS RICHARDSON ASSQCIATES FAX NO. : 703 866 4928 Jun. 03 2001 02:38PM PS
Fage 4 o~ O
APPE~IX B ~ ~
the existing fa~lJty.
- Require the permit~ee to provide the Forest Service, on
an annual baais; a ropy of thc o~c~a! records of trio Sl~tc
agancy having r~'ponsibl]ity for ~ini~h'at~on of the water
rlght~ for thc faciliti~ described in the enclosure.
I am pleased to see that progn'~ h~ been made an this issue and w/Il instruO, the Fores't Scmi~ to r~i~ue penvSts in
aceoedan'a~ w{th Ibis lex'ret. I haw ~,ked the Chief ofth~ Form-t Service to initiate dia:u~ion$ with loc:al int~'es~ed
parties to identify ways f~c earq4ng out the provisions and objectives of thc individual permits.
Sincerely,
for Edward Madigan
S~r~ary
Ot~ o~the
W~u, D.C. 2~
~o~ 9 1992
Honorable Hank ~rov~n
United States Senate
717 [4axt Senate Office ~lilding
Washington, D.C. 205 ] 0
Dear Hardc
This letter is a follow-up to the one I sent to Senator Wallop on October 6 in response to his August 12 letter regarding
special-use permits f~ waler supply facilitle~ orr the Arapaho/Roosevelt Naficaal Fta e~t in Colorado.
You asked for clarification of what is meant by the following sentence i~ paragraph 4 of my October leRer: "New bypass
http://v, avw. rs. fed. u.qland/wat er/bypass 14. hmal 6/3/01
, FROM: HICKS RICHARDSBN ASSOCIATES FAX NO. : 703 866 4928 Jun. 03 2001 02:38PM P6
Pag~ 5 of 6
~PENDIX B ~ ~
flow requirements will no! be imposed in exisling water supply facilities."
The entire O~tober 6 letter is directed at clarifying conditions for renewing permiL~ for existing wate~ supply facilities
only, and isnot int~ded to pertain to new water supply facilites or expansions of existing ones.
A~ undetlylng principle for renewing p~rmits for ~istlng facilities, as stated in the game paragraph of the October 6
let*er as thc smtenee in question, is: %..unless mended, all permits will authorize only historical water righta assoginted
with existing ~*ater supply facilities.* The sentence ia question is intended only to emph&~ize that no new bypass
roquiremaents wil[ be imposo:{ beyond any that may have been sp~-ified in the old permit for the existing facility.
Sincere}y,
fur F_xlward Madigan
Delmrtment of AgrJcMture
Ofli~ of the Secretary
Washington, D.C. 20250
08 Nov }992
Honon~ble Famk Brown
United Statcs Senate
717 ~ S~ ~ BMIdMg
W~inb~, D.C. 20510
~ S~ ~o~:
~ank ~u far yo~ S~ 21 I~ to S~ Ed~rd Madlgan ~ ~h~fof~e citi~ of Or~l~ and ~velan~
~d the ~nd Co~ wat~ and S~i~ti~ ~, ~ding Iht F~ S~i~ ~i~on on ~s flo~. ~e
S~cx~ h~ as~ mc to r~d to yo~ lcR~.
including ~t~ ~, ~m r~ng s~al ~ ~ f~ ~ing ~ ~pply &~lifi~. ~h ~e p~i~ appU~
to Gr~leg, ~elaa~ and thc ~d ~a~ Wat~ ~d S~i~ ~i~ ~ciliti~. ~e Fot~ S~i~ will r~ssue
s~ecial usc p~its f~ &c ~ oread's hy&~l~i; proj~ ~ ~e Big ~a ~v~ ~d ~blin S~
hRp://~.~.f~.u~and/watcr~s l 4.htm[ 6/3/01
FROM: HICKS RICHARDSON ASSQCIATES FRX NO. : 703 866 4928 .Tun. 03 2001 02:3gPM P7
APPENDIX
B
Page 6 of 6
Company of Colorado's hydroelectric project on Middle Boulder Creek consistent with thc conditions of the F~,qeral
Energy Regulatory Commission Iic~ns~ for the ~ projects.
We ~ppreefa~e the interest oft~e rmpectfve CRy C~cials i~ operating ~ese facilitri~ in harmony with th~ environment.
The Forest Service will continue to work u4th the municipalities to achieve this objective.
Siocerely,
JOHN ti. BEUTER.
Acting A~.;aant Socretary
Natund Re~ourcos and Envh'otmaent
Enclosure
~ htt p://v~wv. Is. fe d.us/land/watergoypa.gs 14-. htrnl 6/3/01
F%~OM : HICKS RICHARDSON ASSOCIATES FAX NO. : 703 866 4928 Jun. 04 2001 05:51PM P2
Subj: Re: FERC Re-Licensing I~ue
Date: 6,'4/01 3;59:42 PM Eastern Daylight T~me
From: mrnaucieri@sso.org (Mat Maucied)
TO; FBHicks@aol.cem
hi fred,
i'm still worl<ing on getting you a letter on this hydro relicensing issue.
meanwhi{e, take a look at a letter we wrote last year on this topic (below):
June 7, 2000
The Honorable Lany Crag
United States Senate
SH-520 Hart Senate Office Building
Washington, DC 20510
RE: Support for and Suggested Amendment to S. 740
Dear Senator Craig,
I am wdting to convey the support of the Association of California Water
Agencies (ACWA) for the Hydroelectric Licensing Process lmpro~ment Act of 1999.
'gte association's members appreciate your continued efforts to streamline the
hydroelectric nelicensing process. ACWA mi,resents o~,er 440 public water
agencies in Califomla. Our members supply o,,er 90% ot the water deli~red in
California for domestic, agricultural and industrial uses.
As you knew, California has numerous hydroelectric projects with licenses
expiring over the next couple of years. ACWA's members own and operate many of
these projects. Because of this, streamlining the process is cdtical to the
association's members.
ACWA also supports amending your legislation to include an exemption from the
licensing process for hydroelectric projects producing 5 megawatts or less. The
association belie~s that providing this exemption will further increase the
efficiency of the process, decrease costs to the project operator, free up
federal resources to expedite the licensing process for higher capacity projects,
and a~oid making the project cost prohibitive due to ralicensing expenses.
Once again. ACWA supports your efforts Io expedite the relicensing process for
the nation's hydroelectric projects. $. 740 heips promote the continued
production of hydroelecthcity, one of the few emissions-frae, renewable sources
of electric energy.
Sincerely,
~ ~ oo~
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~.~ EAST VALLEY WATER DISTRICT
DIRECTOR'S FEES AND EXPENSE REPORT
Meetings Claimed
,o.d eetin Date, _ e2
¢on~erances and Other Meeti~a
Date:. Organization Location
Date: Organization Location
Date: Organization Location
Date: Organization Location
Date: Organization Location
Date: Organization Location
TOTAL MEETINGS 3 (~ $125.00 each
Personal Auto
Date: . Function Attended
Date: Function Attended
Total
Lodgings: (Receipts attached)
Date: Function Attended
Date: Function Attended
Total
Meals: (Receipts attached)
Date: Function Attended
Date: Function Attended
Total
Other:
Date: Function Attended
Date: Function Attended
Date: Function Attended
Total
Total Director's Expenses
Total Director's Fees (Meetings)
Less any Advance Payments
~ff/~~~ TOTAL DUE D~CTOR
Signed
Approved Date of Board Meeting
~.~. -AST VALLEY WATER DISTRICT "~" , "':'. '.'-
.... D RL:~ffOR'S FEES AND EXPENSE REF,,.~T. .':
O'mEi TOR: Sturgeon MONTH OF: May 2001
~ti ~qs Claimed.
Boar(i Meeting (Dates):
ConfE,rences and Other Meetings
Date: 5/9 - 3.10rganization. AcwA Location Lake Tahoe
Date: Organization Location
Date: .. Organization Location
Date: ... Organization Location
Date: Organization Location
Date: Organization Location
TOTAL# OF MEETINGS 3 @125.00 each $ 375.00
PeTs ,nal Auto:
Date: Function Attended
Miles x per mile $
Date: Function Attended
Miles x per mile
TOTAL $
',~ in_Qg~: (Receipts attached)
Date: 5/9 . Function Attended ACWA $ 347.58
Date:. Function Attended $
TOTAL $ 347.58
Me~ s: (Receipts attached)
Date: Function Attended Reimburse $. 19.00
Data: Function Attended
TOTAL
Otb ar.: 4 / 11 AGWA 190,00
Date: 4/5 Function Attended Region 8 $ 35.00
5/9 ' ACWA 191.00
Date: 5/11 Function Attended ACWA .$, 10.38
5 / 1'1 ACWA 18.00
Date: 5/11 Function Attended ACWA $ 65.97
TOTAL $510.3 5
8L v MARY:
Total Director's Fees (Meetings) $. 375.00
Total Director's Expenses $. 838.93
~ Less any Advance Payments -- $
r/~ TOTAL DUE DIRECTOR $1213.93
Si ned ~"'-~'---~ '
A )roved Date of Board Meeting
EAST VALLEY WATER DISTRICT
DIRECTOR'S FEE AND EXPENSES REPORT
DIRECTOR: DON GOODIN MONTH Ma},, 2001
Meetin.qs Claimed:
Board Meetin.qs ('Dates) 14,29
Conferences and Other Meetin,qs
Date: 8to 11 Organization: ACWA Location: Lake Tahoe
Date: 17 Organization: SClF Mt~ Location: District
Date: 30 Organization: Board Workshop Location: District
Date: 21 Organization: Special Districts Location: Victorville
Date: Organization: Location:
Date: Organization: Location:
Date: Organization: Location:
Date: Organization: Location:
TOTAL MEETINGS 9 X$125.00= $ 1,125.00
Personal Auto
Date: 11 Function: ONTParking $ 24.00
Date: Function:
~ Total $ 24,00
Lodging
Date: Function:
Date: Function:
Total $
Meals ('Receipts)
Date: Function:
Date: Function:
Total $
Other
Date: Function:
Date: Function:
Total $
Total Directors Expenses $ 24.00
Total Directors Fees (Meetings) $ 1,125.00
Less Advance Payments
.~ ~ TOTAL DUE DIRECTOR $ 1,149.00
~ Approved Date of Board Meeting June 12, 2001
EAST VALLEY WATER DISTR'
D~TOR: SK~ ~SON MO~IH
Co~mn~ ~d 0~er M~tin~s
Dge: b-t~o ~g~ation ~g~o ~o~t~ ~ 5
p~ Auto
Date:. F~ction A~end~
Date: F~c6on A~
~d~in~s: (R~eip~ attache)
Date;. F~cfion A~end~
Total
~ipts attache)
Date: S'-, 0 Function A~d~ t.
Dat~: F~otion A~d~
Dat~; F~cfion Attended
Dat~: F~ction A~d~
Tot~
To~ Dir~tor's Exp~es
Less ~y ~v~c~ P~
Approv~ Dg~ of
To: Robert Martin
General Manager
From: Alberta Hess ! ~.~
Chief Financial Officer '~'--
Date: May 31,2001
Re: Successor Trustee/1996 Refunding Certificates of Participation
Union Bank of California (UBOC) is the Trustee for our most recent issue of
COP's and I have found them most communicative and helpful. I would
suggest we also assign the 1996 Refunding Certificates of Participation to
UBOC.
Fees would be a little lower and it would be more convenient to deal with one
trustee rather than with two trustees.
Attached is an agreement with Union Bank authorizing them to act as our
trustee, and a letter to U. S. Bank and Trust, NA (USB) requesting they
provide UBOC with all records and information. If approved, both sets of
documents need to be executed by EVVVD and EVPF.
/wf
~
V --'"~'- y~':~1 ~ {{~ Glenn R. Ughffoot
East Water District Pr..,d.,
Donald D. Goodin
Vice President
1155 Del Rosa Avenue., RO. Box 3427 Kip E, Sturgeon
Director
San Bernardino, California 92413
Edward
S.
Negrete
(909) 889-9501 Director
George E. "Skip" Witson
Director
Robert E. Martin
Genera[ M~nager
Alberta M. Hess
May 15, 2001 Chief Financial Officer
U.S. Bank Trust, National Association
550 S. Hope Street, Suite 500
Los Angeles, CA 90071
Ladles and Gentlemen:
East Valley Water District is consolidating its corporate trust services with Union Bank of
California. Therefore, this letter serves as notice that the District and Corporation are
appointing Union Bank of California as Successor Trustee effective July 2, 2001 for the
following bond issue:
$8,140,000 East Valley Water District Certificates of Participation Series 1996
Please provide Union Bank of California with ail records and information they may request
to complete the transfer timely. Your contact at Union Bank of California is Vivian
Savedra at (213) 972-5673.
Your cooperation is appreciated.
Sincerely,
East Valley Water District East Valley Public Facilities Corporation
Robert E. Martin Glenn R. Lightfoot
General Manager President
cc: AMBAC indemnity Corporation
Administration (909) 885-4900, Fax (909) 889-5732 · Engineering (909) 888-8986, Fax (909) 383-1481
Customer Service & Finance (909) 889-9501, Fax (909) 888-6741
AGREEMENT CONCERNING SUCCESSION OF TRUSTEE
AND PAYING AGENT
THIS AGREEMENT, made as of June 12, 2001, by and between Union Bank of California, N.A.
(the "Trustee"), and the East Valley Water District (the "District"), is made with reference to the
following facts:
A. By letter dated June 12, 2001, the District has removed, effective July 2, 2001, U.S. Bank
Trust, National Association (the "Prior Fiduciary") as trustee under a certain Trust Agreement,
relating to the bond issues listed in Attachment A hereto (together, the "Trust Agreement") pursuant
to which the District issued Refunding Certificates of Participation (the "Outstanding Issues").
B. BY letter dated June 12, 2001, the Trustee has been appointed as the successor trustee and
paying agent of the District with respect to the Outstanding Issues;
C. The Trustee has not been allowed an opportunity to review or inspect the books and records of
the Prior Fiduciary concerning the Outstanding Issues described above, and the Trustee has neither
been informed of any problems presently existing with such Outstanding Issues, nor does the
District know of any such problems.
The District and the Trustee agree as follows:
1. The Trustee hereby represents that it is qualified and eligible under the provisions of the Trust
Agreement to be appointed successor trustee and paying agent and hereby accepts its appointment
as successor trustee and paying agent, effective as of the date hereof upon the execution and
delivery of this Instrument by all parties hereto, and hereby assumes the rights, powers, trusts,
duties and obligations of the Prior Fiduciary under the Trust Agreement relating to the Outstanding
Issues, subject to all terms and provisions therein contained.
2. The District has caused the Prior Fiduciary to grant, give, bargain, sell, demise, release,
convey, confirm, assign, transfer and set over to the Trustee and its successors and assigns, all
rights, title and interest of the Prior Fiduciary in and to the trust estates and all rights, powers and
trusts under the Trust Agreement; and the Prior Fiduciary does hereby pay over, assign and deliver
to the Trustee any and all money, if any, and property, if any, held by the Prior Fiduciary as trustee;
and the District for the purpose of more fully and certainly vesting in and conforming to the Trustee
said estate, properties rights and, at the request of the Trustee, join in the execution hereof.
3. Notwithstanding the removal of the Prior Fiduciary as trustee under the Trust Agreement, the
District shall remain obligated under the Trust Agreement to reimburse and indemnify the Trustee
in connection with its trusteeship and its responsibilities as Trustee under the Trust Agreement,
subject to and limited to the terms of the Trust Agreement.
4. The District hereby agrees to indemnify and hold harmless the Trustee from and against any
damage, judgement, suit, cost, expense or disbursement (including, without limitation, attorney and
accountants fees and the cost of staff time of the Trustee) arising from any failure of the Prior
Fiduciary to perform its duties under the documents listed above and the Outstanding Issues prior
to the effective date hereof.
5. Except as expressly provided herein, nothing contained in this Agreement shall in any way
affect the obligations or rights of the District and the Trustee under the documents listed above
including, but not limited to, the right of the Trustee to compensation and indemnification.
6. This Agreement may be executed in any number of counterparts, each of which shall be an
original but such counterparts shall together constitute but one and the same instrument.
Union Bank of California, N.A., East Valley Water District
as Trustee as the District
Name Name: Glenn R. Lightfoot
Title: Title: President
EXHIBIT A
$8,140,000
East VfileyWaterDistrict
Refunding Ce~ific~es of Partic~ion
Series 1996
AGREEMENT NO, 2001.06
FOR PROFESSIONAL SERVICES
BETVVEEN
EAST VALLEY WATER DISTRICT
AND
SOCAL PUMP & WELL DRILLING, INC.
This Agreement is made and entered into as of ,~4¥~.dr-' ,2041 , by and
between EAST VALLEY WATER DISTRICT, a c'ou~y water district organized
and operating pursuant to California Water Code Section 30000 et seq.
(hereinafter referred to as "District"), and SOCAL PUMP & WELL DRILLING,
INC. (hereinafter referred to as "Contractor").
RECITALS
WHEREAS, District is in need of installation of discharge piping and
appurtenances for Well 147 located at 29250 Abbey Way in Highland (hereinafter
referred to as "Project");
WHEREAS, Contractor is duly licensed, qualified and willing to provide
such professional services to the District; and
WHEREAS, this Agreement establishes the terms and conditions for the
District to retain Contractor to provide the services described herein.
CONVENANTS
NOW, THEREFORE, in consideration of the faithful performance of the
terms and conditions set forth herein, the parties hereto agree as follows:
SERVICES
Contractor shall provide professional services as described in the Scope
of Work attached hereto as Exhibit "A" and incorporated herein by this reference.
Such work expressly includes all related services ordinarily provided by
Contractor under same or similar circumstances and/or are necessary to satisfy
Section 6 of this Agreement.
2_:. AUTHORIZATION
Authorization for Contractors to proceed with all or a portion of the work
described in Exhibit "A" will be granted in writing by the District pursuant to a
Notice to Proceed which shall be issued as soon as both parties hereto sign this
Agreement and all applicable plans and specifications, and the insurance and
other security documents required by the District pursuant to Section 14 hereof,
have been received and approved by the District. Contractor shall not proceed
with the work until so authorized and shall commence work immediately upon
receipt of the Notice to Proceed.
3, PAYMENT
Subject to Contractor's satisfaction of its obligations under this Agreement,
District shall pay for services in accordance with the Payment Schedule attached
hereto as Exhibit "A" and incorporated herein by this reference. No other
compensation will be paid by the District except for service performed in
accordance with an Amendment to this Agreement as provided for in Section 12
herein. The Contractor shall submit invoices on a monthly basis covering the
work performed under this Agreement during the preceding month and
accompanied by sufficient cost documentation to allow the determination of the
reasonableness or accuracy of the invoice within thirty (30) calendar days after
receipt of an invoice from the Contractor. The District shall make a progress
payment in proportion to the percentage of the work described in Exhibit "A"
which is completed during any particular month, as determined by the Contractor
and approved by the District or its authorized representative. For all contracts
over $25,000, five percent (5%) will be deducted by the District from each
monthly payment and retained by the District until this agreement is complete
and a notice of completion is recorded. Thirty (35) calendar days after the notice
of completion is recorded and preliminary notices are released, the District shall
either pay out said retention or provide the Contractor with written notice of its
grounds for not releasing the retention. It is the Contractors responsibility to
provide a release for every preliminary notice submitted to the District. The
District shall not unreasonable withhold its acceptance of the work to be
performed under this agreement.
TIME OF PERFORMANCE
Contractor shall perform services in a prompt, timely and professional
manner in accordance with the Activity Schedule attached hereto as Exhibit "A"
and incorporated herein by this reference but no longer than four (4) weeks from
the notice to proceed. An approved written request may extend the number of
working days for this project. Time is of the essence in this Agreement.
5_.:,DUTIES OF THE DISTRICT
District, without cost to Contractor, will provide ail reasonably-available
pertinent information necessary for Contractor to perform its obligations under
this Agreement. District does not guarantee or ensure the accuracy of any
reports, information and/or data so provided. To the extent that any reports,
information and/or other data so provided was supplied to District by persons
who are not employees of District, any liability resulting from inaccuracies and/or
omissions contained in said information shall be limited to liability on behalf of the
party who prepared the information for District.
District's approval of Contractor's designs, specifications, reports and
incidental work or materials furnished hereunder shall not in any way relieve
Contractor of responsibility for the technical adequacy of its work. Neither
District's review, approval or acceptance of, nor payment for, any of the services
shall be construed as a waiver of any rights under this Agreement or of any
defense or cause of action which it may have adsing out of the performance of
this Agreement,
STANDARD OF CARE
Contractor's services under this Agreement will be performed in
accordance with generally accepted professional practices and principles and in
manner consistent with the level of care and skill ordinarily exercised by
members of the same profession currently practicing under similar conditions.
The Contractor shall observe and cause all work and deliverable to conform to all
applicable federal, state, and local laws and regulations. Contractor shall, at no
cost to District, prepare any necessary rework occasioned by Contractor's or
subcontractor's negligent act or omission due substantially to Contractor's or
subcontractor's fault.
7_=. ORGANIZATION
Before starting any work on the Project, Contractor shall designate, in
writing, a representative who shall have overall responsibility for Contractor's
performance under this Agreement. An alternate representative may be
designated. The representative or alternate shall be present at the Project site
whenever work is in progress or whenever such presence is otherwise
necessitated to take measures necessary to protect the work, persons, or
property thereon. During the course of performance of this Agreement, the
representatives or alternate shall be available to District on an "on call" basis as
required by District. Any order or communication given to this representative
shall be deemed delivered to the Contractor. No compensation shall be paid by
District for Contractor's "on call" availability. The representative or alternate shah
not be removed from the Project or reassigned without prior request or approval
of the District.
DELIVERABLES
All original drawings, specifications, reports, calculations, and other
documents developed for the Project shall, upon payment in full for the services
described in this Agreement, be furnished to and become the property of the
District. Contractor agrees that the District will have access to, and the right to
exam[ne, any pertinent documents, papers and records in the Contractor's
possession for any transaction relating to this Agreement. Contractor shall have
the right to make a copy of deliverables for its records.
STATUS OF THE CONTRACTOR
Contractor shall perform the services provided for herein as an
independent contractor, and not as an employee of the District. The District shall
have ultimate control over the work performed for the Project. Contractor is not
to be considered an agent or employee of the District for any purpose, and is not
entitled to participate in any pension plans, bonus, stock or similar benefits that
the District provides for its employees.
Payments made to Contractor pursuant to this Agreement shall be the full
compensation to which Contractor is entitled. The District shall not make any
federal or state tax withholdings nor pay any workers' compensation insurance
on behalf of Contractor. Contractor hereby expressly acknowledges that it is
aware of the provisions of Section 3700 of the Labor Code and that Contractor
must comply with such provisions before commencing the performance of any
work under this Agreement. Contractor shall also comply with Section 380 of the
California Labor Code by securing, paying for, and maintaining in full force and
effect for the duration of the Agreement, complete Workers Compensation
Insurance in an amount and upon terms established by the District pursuant to
Section 14 of this Agreement. Contractor shall provide the District with a copy of
certification of such insurance prior to commencing work under this Agreement.
The District, its officers, or employees, will not be responsible for any claims in
law or equity occasioned by failure to the Contractor to comply with this section.
In the event of expiration or proposed cancellation of such policy or policies for
any reason whatsoever, the District shall be notified not less than 30 days before
expiration or cancellation is effective.
Contractor also acknowledges that it is aware of the requirements of the
Immigration Reform and Control Act of 1986, and Contractor hereby agrees that
it will comply with those requirements, including verifying the eligibility for
employment of all agents, employees and subcontractors included in this.
Agreement.
Contractor shall indemnify the District for any tax, retirement contribution,
social security, overtime payment, or workers' compensation payment, which the
District may be required to make on behalf of Contractor or any employee of
Contractor for work performed under this Agreement.
10. ASSIGNMENT AND SUBCONTRACTING
Contractor shall not assign, sublet, subcontract, or transfer this
Agreement, or rights under or interest in this Agreement, or otherwise hire, retain,
or employ any independent professional associates or subcontractors to assist in
the performance of services hereunder, without the written consent of the District.
if Contractor subcontracts any of the work to be performed, Contractor shail be
as fully responsible to the District for the performance of the work, including
errors and omissions of Contractor's subcontractors and of the persons
employed by the subcontractors, as Contractor is for the acts and omissions of
persons directly employed by the Contractor. Nothing contained in this
Agreement shall create any contractual relationship between any subcontractors
of Contractor and the District. Contractor shall bind every subcontractors and
every subcontractors of a subcontractor to the terms of this Agreement
applicable to Contractor's work unless specifically noted to the contrary in the
subcontract in question and approved in writing by the District.
4
INUREMENT.
Subject to the provisions of Section 15 of this Agreement, all terms,
conditions, and provisions hereof shall inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors,
and assigns.
12. CHANGES IN WORK
If changes in the Scope of Work seem merited by Contractor or District,
and informal consultations indicate that a change is warranted, it shall be
processed in the following manner: A letter outlining and justifying the changes
shall be forwarded to the District by Contractor with a statement of estimated
changes in fee and schedule. If the change is approved by the District, an
Amendment to this Agreement shall be prepared by the District and executed by
both parties prior to the performance of such services, or the District will not be
required to pay for such changes. Such Amendment shall not render ineffective
or invalidate any unaffected portions of this Agreement.
'13. TERMINATION OR ABANDONMENT
If the engagement of Contractor is not extended by the mutual written
consent of the District and Contractor, then this Agreement shall be terminated
on the latest date set forth for completion of tasks identified in the Activity
Schedule attached hereto as Exhibit "A".
Notwithstanding the above, the District may terminate or abandon any
portion of the work by giving ten (10) calendar days written notice thereof.
Contractor may terminate its obligation to provide further services under this
Agreement upon thirty (30) calendar days written notice only in the event of
substantial failure by the District to perform in accordance with the terms of this
Agreement through no fault of Contractor.
In the event of termination or abandonment of any pod. ion of the Project,
the District shall be given title immediately to all original drawings and other
documents developed for that portion of the work. The District shall pay
Contractor for services performed in accordance with this Agreement for any
portion of the work being terminated which were rendered prior to termination. If
termination occurs prior to completion of any task for which payment has not
been made, the fee for services performed during such task shall be based on an
amount mutually agreed to by the District and Contractor. However, such
payments available to Contractor under this Section shall not include costs
related to lost profits associated with the expected completion of the Project or
other such payments related to Contractor's benefit of the bargain.
'14. INSURANCE
In addition to the requirements contained in Section 9 and 15 of this
Agreement, Contractor shall procure and maintain during the performance of this
Agreement such policies of insurance, bonds from an acceptable surety, cash
deposits and other forms of security, in amounts and upon termed deemed
sufficient by the District in its sole discretion to protect the District for any and all
exposure to loss or liability.
15.__~. INDEMNITY - HOLD HARMLESS
Contractor shall take all precautions necessary for the safety of and
prevention of damage in property on or adjacent to the work site, and for the
safety of and prevention of injury to persons, including District's employees,
Contractor's employees, and third persons, on or adjacent to the work site. Ail
work shall be performed entirely at Contractor's risk. Contractor agrees to carry,
for the duration of this Agreement, and shall furnish to the District a policy or
certificate evidencing such public liability insurance during the duration of this
Agreement, in an amount, and with an insurer, acceptable to the District. In the
event of expiration or proposed cancellation of such policy or policies for any
reason whatsoever the District shall be notified not less than 30 days before
expiration or cancellation becomes effective.
Contractor shall also furnish the District with a copy of any injury
prevention program established for the Contractor's employees pursuant to
Labor Code Section 6401.7, including any necessary documentation regarding
implementation of the program. Contractor hereby certifies that its employees
have been trained in the program, and procedures are in place to train
employees whenever new substances, processes, procedures, or equipment are
introduced. The Contractor shall demonstrate compliance with Labor Code
Section 6401.7 by maintaining a copy of its Injury and Illness Prevention Plan at
the Project site and making it available to the District.
Contractor also agrees to defend, indemnify, protect, and hold the District and its
agents, officers, and employees harmless from and against any and all liability
established for damages and/or injuries to any person or property, including
injury to the Contractor's or its subcontractor's employees, agents, or officers
which arise from or are connected with or are caused by the acts or omissions of
the Contractor and its subcontractor's and their agents, officers or employees in
performing the services herein, and/or have been suffered or incurred on account
of any breach of the covenants contained herein by Contractor or its employees,
agents, or subcontractor's, and all expenses of investigating and defending
against same; provided, however that the Contractor's duty to indemnify and hold
harmless shall not include any claims or liability arising from the established
negligence or willful misconduct of the District, its agents, officers, or employees.
Where approved by the District is indicated, it is understood to be conceptual
approval only and does not relieve the Contractor of responsibility to complying
with all laws, codes, industry standards, and liability for damages caused by
negligent acts, errors, omissions, noncompliance with industry standards, or the
willful misconduct of the Contractor or its subcontractors. Contractor agrees to
6
defend, indemnify, and hold harmless the District, its officers, agents, and
employees from and against any and all claims, costs, suits, and damages,
including attorney's fees, arising from the willful misconduct or negligent acts,
errors or omissions of the Contractor and its subcontractors.
16.,, LAWS AND VENUE
This Agreement shall not be construed against the party preparing it, but
shall be construed as if both parties jointly prepared this Agreement and any
uncertainty or ambiguity contained herein shall not be interpreted against any
one party. This Agreement shall be enforced and governed by and under the
laws of the State of California. If any action is brought to interpret or enforce any
term of this Agreement, the action shall be brought in a state or federal court
situated in the County of San Bernardino, State of California.
ATTORNEYS FEES
If the District is the prevailing party in any arbitration, mediation, litigation,
court action, or other proceeding involving a dispute or controversy arising out of,
under, in connection with, or in relation to this Agreement, and any amendments
thereto, or the breach thereof, Contractor shall pay all attorneys fees and costs
actually incurred by the District in connection therewith. In any such action,
arbitration, mediation, litigation, or other proceeding, the entitlement to attorneys
fees and costs will be considered an element of costs and not of damages.
18; NONDISCRIMINATION
Contractors doing business with the District are expected to be equal
opportunity employers who attempt to achieve parity in the representation of
women and minorities in their work force. The Contractor is to ensure equal
employment opportunity for all persons, regard[ess of race, color, religion, sex,
creed, national origin, ancestry, age, medical condition, physical or mental
disability, Vietnam-era veteran or special disabled veteran status, marital status,
or citizenship, within the limits imposed by law. These principles are to be
applied by the Contractor in all employment practices including recruiting, hiring,
transfers, promotions, training, compensation, benefits, layoffs, and terminations.
The Contractor also agrees to comply with title VII of the Civil Rights Act of 1964,
as amended, the California Fair Employment Practices Act, the Americans with
Disabilities Act of 1990, and other applicable federal and state laws and
regulations.
19: REPRODUCTION RIGHTS
Contractor agrees that all rights, titte, royalties, copyrights, and interest in
all work which may arise from its performance of services pursuant to this
Agreement shall be vested in the District, and, Contractor hereby agrees to
relinquish all claims to such rights in favor of the District. Such work product
shall not be revealed, disseminated, or made available by Contractor to others
without the prior written consent of the District.
20. COVENANTS AGAINST CONTINGENT FEES
Contractor agrees that its firm has not employed or retained any person,
other than a bona fide employee of Contractor, to solicit or secure this
Agreement, and that Contractor has not paid any person, other than a bona fide
empIoyee, any fee, commission, percentage, gift, or other consideration
contingent upon, or resulting from, the award of this Agreement.
21. INTEGRATION AND PARTIAL INVALIDITY
This Agreement represents the entire understanding of the District and
Contractor as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect. This Agreement may not be
modified or altered except in writing signed by the District and Contractor.
If any term, covenant, condition or provisions of this Agreement is found
by a court of competent jurisdiction to be invalid, void, or unenforceable, the
remainder of the provisions hereof shall remain in full force and effect, and shall
in no way be affected, impaired, or invalidated thereby.
22. EFFECT OF DISTRICT'S WAIVER
Any failure by the District to enforce any provision of this Agreement, or
any waiver thereof by the District, shall not constitute a waiver of its right to
enforce subsequent violations of the same or any other terms or conditions
herein.
23. NOTICE
Any notice required to be given or delivered by this Agreement shall be in
writing and delivered personally or mailed to such party by depositing the same
in any United States Post Office, registered or certified, postage prepaid,
addressed to:
District
East Valley Water District
'1155 Del Rosa Avenue
Po Box 3427
San Bernardino, CA 92413
Attn: General Manager
Contractor:
SoCal Pump & Well Drilling, Inc.
PO Box 5488
Riverside, CA 92517
Attn: Whitey Collier
and shall be effective upon receipt thereof.
24. AUTHORITY
Individuals executing this Agreement represent and warrant that they have
the Iegal capacity and authority to do so on behalf of their respective legal
entitles.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date written above.
Whitey Co(.~r - '- -- 'Robert E.'Mardn,
President General Manager
SoCal Pump & Well East Valley Water District
Wig70
9
EXHIBIT A
SCOPE OF WORK
PAYMENT SCHEDULE
ACTIVITY SCHEDULE
10
SOCAL
Licensed Contractors
Ucense No. 510836
March 20, 2001
East 'galley Water District
P.O. Box 3427
San Bernardino, California 92413
Attention: Ron Buchwald
Reference: Plant # 147, Discharge Piping and Appurtenances
Ron, per your request please review the following to furnish and install;
Discharge piping consisting of:
~ Numerous 12"CML X Painted and flanged steel spools with victaulic ends as
needed. Approximately 40 feet.
~ 8"CML X Painted and CML X CMC steel spool.
~ 12" X 8" Reducing tee, CML X Painted.
~ 2-12" X 12" flanged, 45-degree elbows, CML X Painted.
~ 2" Air / Vae Valve.
~ 8" # 61-02A Pump control valve.
=~ 8" # 856 Febeo BFP-Double Cheek.
~ 12" # 81-02 Cla-Val.
~ 12" Water Specialties # ML-04 W ! TR-16 4-20 MA Transmitter
~ Install approximately 5 pipe supports.
~ Miscellaneous small discharge line fittings.
Design. Installation · Sales · Service · Repair · Maintenance, Complete Electrical and Motor Repair
. P.O. Box 5488 · Riverside, CA 92517 *:. 1510 Palmyrita Ave. · Riverside, CA 92507
Bus. (909) 341-5025 · Fax (909) 341-5031
~ Set SCE # 72-94 Transformer pad.
~ Set SCE barrier posts.
~ I.ay approximately 400fi. of 4' S¢h-40 electrical conduit, sweeps and "Y ".
~ Furnish bedding sand and gravel for conduit
~ Pull mandrel and install pull ropes
~ Lay 4" Sch-40 & S¢h-80 PVC sweeps.
~ Form and pour pump base v~th sounding tubes, gravel chute and vent.
~ Form and pour Chlorine and Phosphate slabs.
~ Furnish conduit and secondary wire to pump motor, chlorine, phosphate slabs,
flow meter and Cla-Vals.
Total Material, Tax, Freight and labor $ 73,219.63
Regards,/, ~
Mark Cop¢land
Engineering
AGREEMENT NO. 2001.07
FOR PROFESSIONAL SERVICES
BETWEEN
EAST VALLEY WATER DISTRICT
AND
LAW PLUMBING CO.
This Agreement is made and entered into as of t4a¥ 18 ,20 ol , by and
between EAST VALLEY WATER DISTRICT, a county water district organized
and operating pursuant to California Water Code Section 30000 et seq.
(hereinafter referred to as "District"), and LAW PLUMBING CO. (hereinafter
referred to as "Contractor").
RECITALS
WHEREAS, District is in need of waterline improvements for Well 147 site
located at 29250 Abbey Way in Highland (hereinafter referred to as "Project");
WHEREAS, Contractor is duly licensed, qualified and willing to provide
such professional services to the District; and
WHEREAS, this Agreement establishes the terms and conditions for the
District to retain Contractor to provide the services described herein.
CONVENANTS
NOW, THEREFORE, in consideration of the faithful performance of the
terms and conditions set forth here[n, the parties hereto agree as follows:
1. SERVICES
Contractor shall provide professional services as described in the Scope
of Work attached hereto as Exhibit "^" and incorporated herein by this reference.
Such work expressly includes all related services ordinarily provided by
Contractor under same or similar circumstances and/or are necessary to satisfy
Section 6 of this Agreement.
2__. AUTHORIZATION
Authorization for Contractors to proceed with all or a portion of the work
described in Exhibit "A" will be granted in writing by the District pursuant to a
Notice to Proceed which shall be issued as soon as both parties hereto sign this
Agreement and all applicable plans and specifications, and the insurance and
other security documents required by the District pursuant to Section 14 hereof,
have been received and approved by the District. Contractor shall not proceed
with the work until so authorized and shall commence work immediately upon
receipt of the Notice to Proceed.
3_. ,PAYMENT
Subject to Contractor's satisfaction of its obligations under this Agreement,
District shall pay for services in accordance with the Payment Schedule attached
hereto as Exhibit "A" and incorporated herein by this reference. No other
compensation will be paid by the District except for service performed in
accordance with an Amendment to this Agreement as provided for in Section 12
herein. The Contractor shall submit invoices on a monthly basis covering the
work performed under this Agreement during the preceding month and
accompanied by sufficient cost documentation to allow the determination of the
reasonableness or accuracy of the invoice within thirty (30) calendar days after
receipt of an invoice from the Contractor, The District shall make a progress
payment in proportion to the percentage of the work described in Exhibit "A"
which is completed during any particular month, as determined by the Contractor
and approved by the District or its authorized representative. For all contracts
over $25,000, five percent (5%) will be deducted by the District from each
monthly payment and retained by the District until this agreement is complete
and a notice of completion is recorded. Thirty (35) calendar days after the notice
of completion is recorded and preliminary notices are released, the District shall
either pay out said retention or provide the Contractor with written notice of its
grounds for not releasing the retention. It is the Contractors responsibility to
provide a release for every preliminary notice submitted to the District. The
District shall not unreasonable withhold its acceptance of the work to be
performed under this agreement,
TIME OF PERFORMANCE
Contractor shall perform services in a prompt, timely and professional
manner in accordance with the Activity Schedule attached hereto as Exhibit "A"
and incorporated herein by this reference but no longer than four (4) weeks from
the notice to proceed. An approved written request may extend the number of
working days for this project. Time is of the essence in this Agreement.
5_=. DUTIES OF THE DISTRICT
District, without cost to Contractor, will provide all reasonably-available
pertinent information necessary for Contractor to perform its obligations under
this Agreement. District does not guarantee or ensure the accuracy of any
reports, information and/or data so provided. To the extent that any reports,
information and/or other data so provided was supplied to District by persons
who are not employees of District, any liability resulting from inaccuracies and/or
omissions contained in said information shall be limited to liability on behalf of the
party who prepared the information for District.
District's approval of Contractor's designs, specifications, reports and
incidental work or materials furnished hereunder shall not in any way relieve
Contractor of responsibility for the technical adequacy of its work. Neither
District's review, approval or acceptance of, nor payment for, any of the services
shall be construed as a waiver of any rights under this Agreement or of any
defense or cause of action which it may have arising out of the performance of
this Agreement.
STANDARD OF CARE
Contractor's services under this Agreement will be performed in
accordance with generally accepted professional practices and principles and in
manner consistent with the level of care and skill ordinarily exercised by
members of the same profession currently practicing under similar conditions.
The Contractor shall observe and cause all work and deliverable to conform to all
applicable federal, state, and local laws and regulations. Contractor shall, at no
cost to District, prepare any necessary rework occasioned by Contractor's or
subcontractor's negligent act or omission due substantially to Contractor's or
subcontractor's fault.
ORGANIZATION
Before starting any work on the Project, Contractor shall designate, in
writing, a representative who shall have overall responsibility for Contractor's
performance under this Agreement. An alternate representative may be
designated. The representative or alternate shall be present at the Project site
whenever work is in progress or whenever such presence is otherwise
necessitated to take measures necessary to protect the work, persons, or
property thereon. During the course of performance of this Agreement, the
representatives or alternate shall be available to District on an "on call" basis as
required by District, Any order or communication given to this representative
shall be deemed delivered to the Contractor. No compensation shall be paid by
District for Contractor's "on call" availability. The representative or alternate shall
not be removed from the Project or reassigned without prior request or approval
of the District.
8. ,DELIVERABLES
All original drawings, specifications, reports, calculations, and other
documents developed for the Project shall, upon payment in full for the services
described in this Agreement, be furnished to and become the property of the
District. Contractor agrees that the District will have access to, and the right to
examine, any pertinent documents, papers and records in the Contractor's
possession for any transaction relating to this Agreement. Contractor shall have
the right to make a copy of deliverables for its records.
9...:.STATUS OF THE CONTRACTOR
Contractor shall perform the services provided for herein as an
independent contractor, and not as an employee of the District. The District shall
have ultimate control over the work performed for the Project. Contractor is not
to be considered an agent or employee of the District for any purpose, and is not
entitled to participate in any pension plans, bonus, stock or similar benefits that
the District provides for its employees.
Payments made to Contractor pursuant to this Agreement shall be the full
compensation to which Contractor is entitled. The District shall not make any
federal or state tax withholdings nor pay any workers' compensation insurance
on behalf of Contractor. Contractor hereby expressly acknowledges that it is
aware of the provisions of Section 3700 of the Labor Code and that Contractor
must comply with such provisions before commencing the performance of any
work under this Agreement. Contractor shall also comply with Section 380 of the
California Labor Code by securing, paying for, and maintaining in full force and
effect for the duration of the Agreement, complete Workers Compensation
Insurance in an amount and upon terms established by the District pursuant to
Section 14 of this Agreement. Contractor shall provide the District with a copy of
certification of such insurance prior to commencing work under this Agreement.
The District, its officers, or employees, will not be responsible for any claims in
law or equity occasioned by failure to the Contractor to comply with this section.
In the event of expiration or proposed cancellation of such policy or policies for
any reason whatsoever, the District shall be notified not less than 30 days before
expiration or cancellation is effective.
Contractor also acknowledges that it is aware of the requirements of the
immigration Reform and Control Act of 1986, and Contractor hereby agrees that
it will comply with those requirements, including verifying the eligibility for
employment of ail agents, employees and subcontractors included in this
Agreement.
Contractor shall indemnify the District for any tax, retirement contribution,
social security, overtime payment, or workers' compensation payment, which the
District may be required to make on behalf of contractor or any employee of
Contractor for work performed under this Agreement.
10~ ASSIGNMENT AND SUBCONTRACTING
Contractor shall not assign, sublet, subcontract, or transfer this
Agreement, or rights under or interest in this Agreement, or otheru/ise hire, retain,
or employ any independent professional associates or subcontractors to assist in
the performance of services hereunder, without the written consent of the District.
If Contractor subcontracts any of the work to be performed, Contractor shall be
as fully responsible to the District for the performance of the work, including
errors and omissions of Contractor's subcontractors and of the persons
employed by the subcontractors, as Contractor is for the acts and omissions of
persons directly employed by the Contractor. Nothing contained in this
Agreement shall create any contractual relationship between any subcontractors
of Contractor and the District. Contractor shall bind every subcontractors and
every subcontractors of a subcontractor to the terms of this Agreement
applicable to Contractor's work unless specifically noted to the contrary in the
subcontract in question and approved in writing by the District.
4
11. INUREMENT.
Subject to the provisions of Section 15 of this Agreement, all terms,
conditions, and provisions hereof shall inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors,
and assigns.
12, CHANGES IN WORK
If changes in the Scope of Work seem merited by Contractor or District,
and informal consultations indicate that a change is warranted, it shall be
processed in the following manner: A letter outlining and justifying the changes
shall be forwarded to the District by Contractor with a statement of estimated
changes in fee and schedule. If the change is approved by the District, an
Amendment to this Agreement shall be prepared by the District and executed by
both parties prior to the performance of such services, or the District will not be
required to pay for such changes. Such Amendment shall not render ineffective
or invalidate any unaffected portions of this Agreement.
13, TERMINATION OR ABANDONMENT
If the engagement of Contractor is not extended by the mutual written
consent of the District and Contractor, then this Agreement shall be terminated
on the latest date set forth for completion of tasks identified in the Activity
Schedule attached hereto as Exhibit "A".
Notwithstanding the above, the District may terminate or abandon any
portion of the work by giving ten (10) calendar days written notice thereof.
Contractor may terminate its obligation to provide further services under this
Agreement upon thirty (30) calendar days written notice only in the event of
substantial failure by the District to perform in accordance with the terms of this
Agreement through no fault of Contractor.
In the event of termination or abandonment of any portion of the Project,
the District shall be given title immediately to all original drawings and other
documents developed for that portion of the work. The District shall pay
Contractor for services performed in accordance with this Agreement for any
portion of the work being terminated which were rendered prior to termination. If
termination occurs prior to completion of any task for which payment has not
been made, the fee for services performed during such task shall be based on an
amount mutually agreed to by the District and Contractor. However, such
payments available to Contractor under .this Section shall not include costs
related to lost profits associated with the expected completion of the Project or
other such payments related to Contractor's benefit of the bargain.
14. INSURANCE
in addition to the requirements contained in Section 9 and 15 of this
Agreement, Contractor shall procure and maintain during the performance of this
Agreement such policies of insurance, bonds from an acceptable surety, cash
deposits and other forms of security, in amounts and upon termed deemed
sufficient by the District in its sole discretion to protect the District for any and ail
exposure to loss or liability.
· 15. INDEMNITY - HOLD HARMLESS
Contractor shall take all precautions necessary for the safety of and
prevention of damage in property on or adjacent to the work site, and for the
safety of and prevention of injury to persons, including District's employees,
Contractor's employees, and third persons, on or adjacent to the work site. Ali
work shall be performed entirely at Contractor's dsk. Contractor agrees to carry,
for the duration of this Agreement, and shall furnish to the District a policy or
certificate evidencing such public liability insurance during the duration of this
Agreement, in an amount, and with an insurer, acceptable to the District. In the
event of expiration or proposed cancellation of such policy or policies for any
reason whatsoever the District shall be notified not less than 30 days before
expiration or cancellation becomes effective.
Contractor shall also furnish the District with a copy of any injury
prevention program established for the Contractor's employees pursuant to
Labor Code Section 6401.7, including any necessary documentation regarding
implementation of the program.. Contractor hereby certifies that its employees
have been trained in the program, and procedures are in place to train
employees whenever r~ew substances, processes, procedures, or equipment are
introduced. The Contractor shall demonstrate compliance with Labor Code
Section 6401.7 by maintaining a copy of its Injury and Illness Prevention Plan at
the Project site and making it available to the District.
Contractor also agrees to defend, indemnify, protect, and hold the District and its
agents, officers, and employees harmless from and egainst any and all liability
established for damages and/or injuries to any person or property, including
injury to the Contractor's or its subcontractor's employees, agents, or officers
which arise from or are connected with or are caused by the acts or omissions of
the Contractor and its subcontractor's and their agents, officers or employees in
performing the services herein, and/or have been suffered or incurred on account
of any breach of the covenants contained herein by Contractor or its employees,
agents, or subcontractor's, and all expenses of investigating and defending
against same; provided, however that the Contractor's duty to indemnify and hold
harm[ess shall not include any claims or liability arising from the established
negligence or willful misconduct of the District, its agents, officers, or employees.
Where approved by the District is indicated, it is understood to be conceptual
approval only and does not relieve the Contractor of responsibility to complying
with all laws, codes, industry standards, and liability for damages caused by
negligent acts, errors, omissions, noncompliance with industry standards, or the
willful misconduct of the Contractor or its subcontractors. Contractor agrees to
defend, indemnify, and hold harm[ess the District, its officers, agents, and
employees from and against any and all claims, costs, suits, and damages,
including attorney's fees, arising from the willful misconduct or negligent acts,
errors or omissions of the Contractor and its subcontractors.
LAWS AND VENUE
This Agreement shall not be construed against the party preparing it, but
shall be construed as if both parties jointly prepared this Agreement and any
uncertainty or ambiguity contained herein shall not be interpreted against any
one party. This Agreement shall be enforced and governed by and under the
laws of the State of California. If any action is brought to interpret or enforce any
term of this Agreement, the action shall be brought in a state or federal court
situated in the County of San Bernardino, State of California.
17. ATTORNEYS FEES
If the District is the prevailing party in any arbitration, mediation, litigation,
court action, or other proceeding involving a dispute or controversy arising out of,
under, in connection with, or in relation to this Agreement, and any amendments
thereto, or the breach thereof, Contractor shall pay all attorneys fees and costs
actually incurred by the District in connection therewith. In any such action,
arbitration, mediation, litigation, or other proceeding, the entitlement to attorneys
fees and costs will be considered an element of costs and not of damages.
18. NONDISCRIMINATION
Contractors doing business with the District are expected to be equal
opportunity employers who attempt to achieve parity in the representation of
women and minorities in their work force. The Contractor is to ensure equal
employment opportunity for all persons, regardless of race, color, religion, sex,
creed, national origin, ancestry, age, medical condition, physical or mental
disability, Vietnam-era veteran or special disabled veteran status, marital status,
or citizenship, within the limits imposed by law. These principles are to be
applied by the Contractor in all employment practices inctuding recruiting, hiring,
transfers, promotions, training, compensation, benefits, layoffs, and terminations.
The Contractor also agrees to comply with title VII of the Civil Rights Act of 1964,
as amended, the California Fair Employment Practices Act, the Americans with
Disabilities Act of 1990, and other applicable federal and state laws and
reguTations.
19. REPRODUCTION RIGHTS
Contractor agrees that all rights, title, royalties, copyrights, and interest in
all work which may arise from its performance of services pursuant to this
Agreement shall be vested in the District, and, Contractor hereby agrees .to
relinquish all claims to such rights in favor of the District. Such work product
shall not be revealed, disseminated, or made available by Contractor to others
without the prior written consent of the District.
20. COVENANTS AGAINST CONTINGENT FEES
Contractor agrees that its firm has not employed or retained any person,
other than a bona fide employee of Contractor, to solicit or secure this
Agreement, and that Contractor has not paid any person, other than a bona fide
employee, any fee, commission, percentage, gift, or other consideration
contingent upon, or resulting from, the award of this Agreement.
2'1. INTEGRATION AND PARTIAL INVALIDITY
This Agreement represents the entire understanding of the District and
Contractor as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect. This Agreement may not be
modified or altered except in writing signed by the District and Contractor.
If any term, covenant, condition or provisions of this Agreement is found
by a court of competent jurisdiction to be invalid, void, or unenforceable, the
remainder of the provisions hereof shall remain in full force and effect, and shall
in no way be affected, impaired, or invalidated thereby.
22. EFFECT OF DISTRICT'S WAIVER
Any failure by the District to enforce any provision of this Agreement, or
any waiver thereof by the District, shall not constitute a waiver of its right to
enforce subsequent violations of the same or any other terms or conditions
herein.
23. NOTICE
Any notice required to be given or delivered by this Agreement shall be in
writing and delivered personally or mailed to such party by depositing the same
in any United States Post Office, registered or certified, postage prepaid,
addressed to:
District
East Valley Water District
1155 Del Rosa Avenue
Po Box 3427
San Bernardino, CA 92413
Attn: General Manager
Contractor:
Law Plumbing Co.
32312 Dunlap Blvd.
Yucaipa, CA 92399-1725
Attn: Ken Watton
and shall be effective upon receipt thereof.
24. AUTHORITY.
Individuals executing this Agreement represent and warrant that they have
the legal capacity and authority to do so on behalf of their respective legal
entitles.
IN WITNESS WHEREQF, the parties hereto have executed this
Agreement as of the date written above.
CONTRAC.TOR DI~TRICT~ ~J/
I~'~n Walton - - ~o~ert E~ Martin,
President General Manager
Law Plumbing Co. East Valley Water District
W1970
9
EXHIBITA
SCOPE OFWORK
PAYMENT SCHEDULE
ACTIVITY SCHEDULE
lo
EXHIBIT "A"
[AW PLUMBING CO.
32312 Dunlap Blvd.
Yucaipa, California 92399-1725
St, Lic. # 485138
(909) 446-8809 FAX (909) 446-8812
East Valley Water Dis~t Attention: Ron Buchwald
1155 Del Rosa Ave.
San Bernardino CA 92410
Waterline Improvements
Plant 147
Plans dated March 2001
Scope of work: The following is a proposal to complete the underground pipe installation of 1
each 127 DIP drain line from plant 147 to tie-in location of existing drain line ~ plant 143. Also, installation of 1
each new t2" DIP water main from plant 147 to existing location of 16" watermain ~ plant 143. This proposal
will provide you with a cost breakdown and line item for the work to be done. The total cost of this quote will
reflect a complete job including: AC. paving removal & haulaway, temporary A.C. road 10' wide during
construction, repave with permanent A.C. after project is complete. Provide all surveying and engineering,
staking and replacement of street monuments after final paving. Remove & replace fencing as needed. Furnish
and install all materials for water and drain lines. Provide lighted barricades and signs as needed along road
work. Provide all shoring, trench shields and trench plates as neede& Provide all sand and class II base rock for
backfill. Provide on site soils engineer and compaction reports. Haulaway any & all rocks not able to be placed
in backfill trench, Provide screen for materials. Furnish, install and remove temporary 2" water for backfill
purposes. Clean up jobsite at completion of project.' The purposed location for stock piling of materials would
be Plant 143 as pre determined.
# 1 - Mobilization of equipment Lump Sum $ 2,500.00
# 2 - Remove AC Paving & haulaway Lump Sum 4,725.00
# 3 - Surveying, engineering; staking and replace monumenls. (Record w/County)
Lump Sum 8,280.00
# 4 - Shorlag, ~xench plates, screen box rocks, box shield, barricades & signs
Lump Sum 5,752.00
# 5 - Fence removal 'and replacement, a~ needed. Install temporary water line
for construction. Lump Sum 3,425.00
# 6 - Softs testing and reports. Lnmp Sum 9,600.00
'# .7 - Repave existing street with 3" AC paving to o~ginal street grade.
Approx 23,400 sq ft ~ $1.75 Sq Ft 40,950.00
# 8 ~ Haalaway excess rocks Lump Sum 7,125.00
# 9 - Installation of 3003 LF 12" DIP ~ 59.25 LF 177,92735
Includes: material, excavate, backfill, compact, sand & temporary AC.
gl0 - Installation of 2 Ea Fire Hydrant w/barrier posts ~ 2850.00 Ea 5,700.00
#11 - Install 16" tapping sleeve w/12" gate valve & hot tapLump Sum 3,527.50
#12 - lX~isc, fittings 90'% 45's, mega lugs, accessou kits & concrete thrust blocks
Lump Sum 4,754.00
#13 - Install 1 Ea 4" blow off assembly Lump Sum 2,100.00
#14 - Install 2 Ea 2" air vac assembly ~ 1950.00 Ea 3,900.00
#15 - Chlorination, Flushing & Testing Lump Sum 2.000.00
TotalBid $ 282,266.25
Exclusions: Any and all permits, fees and assessments.
All construction water costs.
Law PJu~ing Co.
Kenneth M. Walton, President
AGREEMENT NO. 2001.08
FOR PROFESSIONAL SERVICES
BETWEEN
EAST VALLEY WATER DISTRICT
AND
SOCAL PUMP & WELL DRILLING, INC.
This Agreement is made and entered into as of /¢'/4y ~Z.~ , 20o/ , by and
between EAST VALLEY WATER DISTRICT, a (Joun[y water district organized
and operating pursuant to California Water Code Section 30000 et seq.
(hereinafter referred to as "District"), and SOCAL PUMP & WELL DRILLING,
INC. (hereinafter referred to as "Contractor"),
RECITALS
WHEREAS, District is in need of equipping a well for 2000 gpm at Plant
147 located at 29250 Abbey Way in Highland (hereinafter referred to as
"Project");
WHEREAS, Contractor is duly licensed, qualified and willing to provide
such professional services to the District; and
WHEREAS, this Agreement establishes the terms and conditions for the
District to retain Contractor to provide the services described herein.
CONVENANTS
NOW, THEREFORE, in consideration of the faithful performance of the
terms and conditions set forth herein, the parties hereto agree as follows:
1...~.SERVICES
Contractor shall provide professional services as described in the Scope
of Work attached hereto as Exhibit "A" and incorporated herein by this reference.
Such work expressly includes all related services ordinarily provided by
Contractor under same or similar circumstances and/or are necessary to satisfy
Section 6 of this Agreement.
2_:. AUTHORIZATION
Authorization for Contractors to proceed with all or a portion of the work
described in Exhibit A will be granted in writing by the District pursuant to a
Notice to Proceed which shall be issued as soon as both parties hereto sign this
Agreement and all applicable plans and specifications, and the insurance and
other security documents required by the District pursuant to Section 14 hereof,
have been received and approved by the District. Contractor shall not proceed
with the work until so authorized and shalf commence work immediately upon
receipt of the Notice to Proceed.
3__. PAYMENT
Subject to Contractor's satisfaction of its obligations under this Agreement,
District shall pay for services in accordance with the Payment Schedule attached
hereto as Exhibit "A" and incorporated herein by this reference. No other
compensation will be paid by the District except for service performed in
accordance with an Amendment to this Agreement as provided for in Section 12
herein. The Contractor shall submit invoices on a monthly basis covering the
work performed under this Agreement during the preceding month and
accompanied by sufficient cost documentation to allow the determination of the
reasonableness or accuracy of the invoice within thirty (30) calendar days after
receipt of an invoice from the Contractor. The District shall make a progress
payment in proportion to the percentage of the work described in Exhibit "A"
which is completed during any particular month, as determined by the Contractor
and approved by the District or its authorized representative. For all contracts
over $25,000, five percent (5%) will be deducted by the District from each
monthly payment and retained by the District until this agreement is complete
and a notice of completion is recorded. Thirty (35) calendar days after the notice
of completion is recorded and preliminary notices are released, the District shall
either pay out said retention or provide the Contractor with written notice of its
grounds for not releasing the retention. It is the Contractors responsibility to
provide a release for every preliminary notice submitted to the District. The
District shall not unreasonable withhold its acceptance of the work to be
performed under this agreement.
4. TIME OF PERFORMANCE
Contractor shall perform services in a prompt, timely and professional
manner in accordance with the Activity Schedule attached hereto as Exhibit "A"
and incorporated herein by this reference but no longer than four (4) weeks from
the notice to proceed. An approved written request may extend the number of
working days for this project. Time is of the essence in this Agreement.
5. DUTIES OF THE DISTRICT
District, without cost to Contractor, will provide all reasonably-available
pertinent information necessary for Contractor to perform its obligations under
this Agreement. District does not guarantee or ensure the accuracy of any
reports, information and/or data so provided. To the extent that any reports,
information and/or other data so provided was supplied to District by persons
who are not employees of District, any liability resulting from inaccuracies and/or
omissions contained in said information shall be limited to liability on behalf of the
party who prepared the information for District.
District's approval of Contractor's designs, specifications, reports and
incidental work or materials furnished hereunder shall not in any way relieve
Contractor of responsibility for the technical adequacy of its work. Neither
District's review, approval or acceptance of, nor payment for, any of the services
2
defense or cause of action which it may have arising out of the performance of
this Agreement.
6, STANDARD OF CARE
Contractor's services under this Agreement will be performed in
accordance with generally accepted professional practices and principles and in
manner consistent with the level of care and skill ordinarily exercised by
members of the same profession currently practicing unde¢ similar conditions.
The Contractor shall observe and cause all work and deliverable to conform to all
applicable federal, state, and local laws and regulations. Contractor shall, at no
cost to District, prepare any necessary rework occasioned by Contractor's or
subcontractor's negligent act or omission due substantially to Contractor's or
subcontractor's fault.
7. ORGANIZATION
Before starting any work on the Project, Contractor shall designate, in
writing, a representative who shall have overall responsibility for Contractor's
performance under this Agreement. An alternate representative may be
designated. The representative or alternate shall be present at the Project site
whenever work is in progress or whenever such presence is otherwise
necessitated to take measures necessary to protect the work, persons, or
property thereon. During the course of performance of this Agreement, the
representatives or alternate shall be available to District on an "on call" basis as
required by District. Any order or communication given to this representative
shall be deemed delivered to the Contractor. No compensation shall be paid by
Distdct for Contractor's "on call" availability. The representative or alternate shall
not be removed from the Project or reassigned without prior request or approval
of the District.
8. DELIVERABLES
All original drawings, specifications, reports, calculations, and other
documents developed for the Project shall, upon payment in full for the services
described in this Agreement, be furnished to and become the property of the
District. Contractor agrees that the District will have access to, and the right to
examine, any pertinent documents, papers and records in the Contractor's
possession for any transaction relating to this Agreement. Contractor shall have
the right to make a copy of deliverables for its records.
9, STATUS OF THE CONTRACTOR
Contractor shatl perform the services provided for herein as an
independent contractor, and not as an employee of the District. The District shall
have ultimate control over the work performed for the Project. Contractor is not
to be considered an agent or employee of the District for any purpose, and is not
entitled to participate in any pension plans, bonus, stock or similar benefits that
the District provides for its employees.
3
Payments made to Contractor pursuant to this Agreement shall be the full
compensation to which Contractor is entitled. The District shall not make any
federal or state tax withholdings nor pay any workers' compensation insurance
on behalf of Contractor. Contractor hereby expressly acknowledges that it is
aware of the provisions of Section 3700 of the Labor Code and that Contractor
must comply with such provisions before commencing the performance of any
work under this Agreement. Contractor shall also comply with Section 380 of the
California Labor Code by securing, paying for, and maintaining in full force and
effect for the duration of the Agreement, complete Workers Compensation
Insurance in an amount and upon terms established by the District pursuant to
Section 14 of this Agreement. Contractor shall provide the District with a copy of
certification of such insurance prior to commencing work under this Agreement.
The District, its officers, or employees, will not be responsible for any claims in
law or equity occasioned by failure to the Contractor to comply with this section.
In the event of expiration or proposed cancellation of such policy or policies for
any reason whatsoever, the District shall be notified not less than 30 days before
expiration or cancellation is effective.
Contractor also acknowledges that it is aware of the requirements of the
Immigration Reform and Control Act of 1986, and Contractor hereby agrees that
it will comply with those requirements, including verifying the eligibility for
employment of all agents, employees and subcontractors included in this
Agreement.
Contractor shall indemnify the District for any tax, retirement contribution,
social security, overtime payment, or workers' compensation payment, which the
District may be required to make on behalf of Contractor or any employee of
Contractor for work performed under this Agreement.
10., ASSIGNMENT AND SUBCONTRACTING
Contractor shall not assign, sublet, subcontract, or transfer this
Agreement, or rights under or interest in this Agreement, or otherwise hire, retain,
or employ any independent professional associates or subcontractors to assist in
the performance of services hereunder, without the written consent of the District.
If Contractor subcontracts any of the work to be performed, Contractor shall be
as fully responsible to the District for the performance of the work, including
errors and omissions of Contractor's subcontractors and of the persons
employed by the subcontractors, as Contractor is for the acts and omissions of
persons directly 'employed by the Contractor. Nothing contained in this
Agreement shall create any contractual relationship between any subcontractors
of Contractor and the District. Contractor shall bind every subcontractors and
every subcontractors of a subcontractor to the terms of this Agreement
applicable to Contractor's work unless specifically noted to the contrary in the
subcontract in question and approved in writing by the District.
4
ii. INUREMENT.
Subject to the provisions of Section 15 of this Agreement, all terms,
conditions, and provisions hereof shall inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors,
and assigns.
'12. CHANGES IN WORK
If changes in the Scope of Work seem merited by Contractor or District,
and informal consultations indicate that a change is warranted, it shall be
processed in the following manner: A letter outlining and justifying the changes
shall be forwarded to the District by Contractor with a statement of estimated
changes in fee and schedule. If the change is approved by the District, an
Amendment to this Agreement shall be prepared by the District and executed by
both parties prior to the performance of such services, or the District will not be
required to pay for such changes. Such Amendment shall not render ineffective
or invalidate any unaffected portions of this Agreement.
13. TERMINATION OR ABANDONMENT
If the engagement of Contractor is not extended by the mutual written
consent of the District and Contractor, then this Agreement shali be terminated
on the latest date set forth for completion of tasks identified in the Activity
Schedule attached hereto as Exhibit A.
Notwithstanding the above, the District may terminate or abandon any
portion of the work by giving ten (10) calendar days written notice thereof.
Contractor may terminate its obligation to provide further services under this
Agreement upon thirty (30) calendar days written notice only in the event of
substantial failure by the District to perform in accordance with the terms of this
Agreement through no fault of Contractor.
In the event of termination or abandonment of any portion of the Project,
the District shall be given title immediately to all original drawings and other
documents developed for that portion of the work. The District shall pay
Contractor for services performed in accordance with this Agreement for any
portion of the work being terminated which were rendered prior to termination. If
termination occurs prior to completion of any task for which payment.has not
been made, the fee for services performed during such task shall be based on an
amount mutually agreed to by the District and Contractor. However, such
payments available to Contractor under this Section shall not include costs
related to lost profits associated with the expected completion of the Project or
other such payments related to Contractor's benefit of the bargain.
14. INSURANCE
In addition to the requirements contained in Section 9 and 15 of this
Agreement, Contractor shall procure and maintain during the performance of this
Agreement such policies of insurance, bonds from an acceptable surety, cash
5
Agreement such policies of insurance, bonds from an acceptable surety, cash
deposits and other forms of security, in amounts and upon termed deemed
sufficient by the District in its sole discretion to protect the District for any and ali
exposure to loss or liability.
15, INDEMNITY - HOLD HARMLESS
Contractor shall take all precautions necessary for the safety of and
prevention of damage in property on or adjacent to the work site, and for the
safety of and prevention of injury to persons, including District's employees,
Contractor's employees, and third persons, on or adjacent to the work site. All
work shall be ped'ormed entirely at Contractor's risk. Contractor agrees to carry,
for the duration of this Agreement, and shall furnish to the District a policy or
certificate evidencing such public liability insurance during the duration of this
Agreement, in an amount, and with an insurer, acceptable to the District. in the
event of expiration or proposed cancellation of such policy or policies for any
reason whatsoever the District shall be notified not less than 30 days before
expiration or cancellation becomes effective.
Contractor shall also furnish the District with a copy of any injury
prevention program established for the Contractor's employees pursuant to
Labor Code Section 6401.7, including any necessary documentation regarding
implementation of the program. Contractor hereby certifies that its employees
have been trained in the program, and procedures are in place to train
employees whenever new substances, processes, procedures, or equipment are
introduced. The Contractor shall demonstrate compliance with Labor Code
Section 6401.7 by maintaining a copy of its Injury and Illness Prevention Plan at
the Project site and making it available to the District.
Contractor also agrees to defend, indemnify, protect, and hold the District and its
agents, officers, and employees harmless from and against any and all liability
established for damages and/or injuries to any person or property, including
injury to the Contractor's or its subcontractor's employees, agents, or officers
which arise from or are connected with or are caused by the acts or omissions of
the Contractor and its subcontractor's and their agents, officers or employees in
performing the services herein, and/or have been suffered or incurred on account
of any breach of the covenants contained herein by Contractor or its employees,
agents, or subcontractor's, and all expenses of investigating and defending
against same; provided, however that the Contractor's duty to indemnify and hold
harmless shall not include any claims or liability arising from the established
negligence or willful misconduct of the District, its agents, officers, or employees.
Where approved by the District is indicated, it is understood to be conceptual
approval only and does not relieve the Contractor of responsibility to complying
with all laws, codes, industry standards, and liability for damages caused by
negligent acts, errors, omissions, noncompliance with industry standards, or the
willful misconduct of the Contractor or its subcontractors. Contractor agrees to
employees from and against any and all claims, costs, suits, and damages,
including attorney's fees, arising from the willful misconduct or negligent acts,
errors or omissions of the Contractor and its subcontractors.
t6~ LAWS AND VENUE,
This Agreement shall not be construed against the party preparing it, but
shall be construed as if both parties jointly prepared this Agreement and any
uncertainty or ambiguity contained herein shall not be interpreted against any
one party, This Agreement shall be enforced and governed by and under the
laws of the State of California. If any action is brought to interpret or enforce any
term of this Agreement, the action shall be brought in a state or federal court
situated in the County of San Bernardino, State of California.
'17. ATTORNEYS FEES
If the District is the prevailing party in any arbitration, mediation, litigation,
court action, or other proceeding involving a dispute or controversy arising out of,
under, in connection with, or in relation to this Agreement, and any amendments
thereto, or the breach thereof, Contractor shall pay all attorneys fees and costs
actually incurred by the District in connection therewith. In any such action,
arbitration, mediation, litigation, or other proceeding, the entitlement to attorneys
fees and costs will be considered an element of costs and not of damages.
'18~ NONDISCRIMINATION
Contractors doing business with the District are expected to be equal
opportunity employers who attempt to achieve parity in the representation of
women and minorities in their work force. The Contractor is to ensure equal
employment opportunity for all persons, regardless of race, color, religion, sex,
creed, national origin, ancestry, age, medical condition, physical or mental
disability, Vietnam-era veteran or special disabled veteran status, marital status,
or citizenship, within the limits imposed by law. These principles are to be
applied by the Contractor in all employment practices including recruiting, hiring,
transfers, promotions, training, compensation, benefits, layoffs, and terminations.
The Contractor also agrees to comply with title VII cf the Civil Rights Act of 1964,
as amended, the California Fair Employment Practices Act, the Americans with
Disabilities Act of 1990, and other applicable federal and state laws and
regulations.
,19,. REPRODUCTION RIGHTS
Contractor agrees that all rights, title, royalties, copyrights, and interest in
all work which may arise from its performance of services pursuant to this
Agreement shatl be vested in the District, and, Contractor hereby agrees to
relinquish all claims to such rights in favor of the District. Such work product
shall not be revealed, disseminated, or made available by Contractor to others
without the prior written consent of the District.
7
20; COVENANTS AGAINST CONTINGENT FEES
Contractor agrees that its firm has not employed or retained any person,
other than a bona fide employee of Contractor, to solicit or secure this
Agreement, and that Contractor has not paid any person, other than a bona fide
employee, any fee, commission, percentage, gift, or other consideration
contingent upon, or resulting from, the award of this Agreement.
21. INTEGRATION AND PARTIAL INVALIDITY
This Agreement represents the entire understanding of the District and
Contractor as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect. This Agreement may not be
modified or altered except in writing signed by the District and Contractor.
If any term, covenant, condition or provisions of this Agreement is found
by a court of competent jurisdiction to be invalid, void, or unenforceable, the
remainder of the provisions hereof shall remain in full force and effect, and shall
in no way be affected, impaired, or invalidated thereby,
22__.~. EFFECT OF DISTRICT'S WAIVER
Any failure by the District to enforce any provision of this Agreement, or
any waiver thereof by the District, shall not constitute a waiver of its right to
enforce subsequent violations of the same or any other terms or conditions
herein.
23~ .NOTICE.
Any notice required to be given or delivered by this Agreement shall be in
writing and delivered personally or mailed to such party by depositing the same
in any United States Post Office, registered or certified, postage prepaid,
addressed to:
8
District
East Valley Water District
1155 Del Rosa Avenue
Po Box 3427
San Bernardino, CA 92413
Attn.: General Manager
Contractor:
SoCal Pump & Well Drilling, Inc,
PO Box 5488
Riverside, CA 92517
Attn: Whitey Collier
and shall be effective upon receipt thereof,
24. AUTHORITY
Individuals executing this Agreement represent and warrant that they have
the legal capacity and authority to do so on behalf of their respective legal
entitles.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date written above,
CON~-RACT..OR DISTRICT_ ...../ J
-'"~h~i~.~3ollier .... ~ber:[ ~. Martin,'
President General Manager
SoCal Pump & Well East Valley Water District
W1970
EXHIBIT A
SCOPE OF WORK
PAYMENT SCHEDULE
ACTIVITY SCHEDULE
10
'"'PUMP WELL
O IILLING INC.
February 22, 2001
East Valley Water District
P.O. Box 3427
San Bemardino, California 92413
Attention: Ron Buchwald
Reference: Plant # 147, Preliminary cost on new well equipment for 2000 gpm.
Run, per your request please review the following,
~ Fairbanks Morse Model # 13H-10 stage oil lube bowl assembly with bronze
impellers, dual bowl bearings, extra lateral, 12" discharge, 10" suction. Bowl
shaft material will be comprised of 17-4 PI-/due to maximum size of 1 11/16".
~ 12" X 12" X 20" oil lube discharge head complete.
~ 28" X 28" X 1 ¼" sole pIate.
~ Solenoid oiler assembly.
~ 500 ft. of 12" X 3" x 1 15/16 X .330 wall oil lube column assembly complete with
centering spiders.
~ 10" X 10' X .250 wall suction pipe.
~ 10" galvanized w/o suedon strainer.
~ U.S. Electric, 400 bp, 1800 rpm, 460 volt, premium efficient ~ 95.8%, 175%
extra kigh thrust-24, 000 lbs, space heaters, 20" B.D., I 15/t6 drive coupling,
SRC.
~ DNH Pumi~ panel consisting of:
· ~' Nema 3R Cabinet
· :- 800 amp pull and metering section
~.o Second section to have a Digi-Fire combination solid state shunt duty sta~er
for a 400 bp, 460 volt, 3-phase motor.
o.~ Third section to have a 3-KVA transformer with primary and secondary
circuit breakers ~nd all g-CirCuit lighting panel.
O Empty compart~em for future telem¢~y equipmem.
o:o The starter x~ll include:
· :o 800 Amp, 3-pole ~ouit breaker with 120 VAC shunt trip and door
interlocked handle.
Design. Installation · Sales. Service. Repair · Maintenance. Complete Electrical and Motor Repair
· P.O. Box 5488, Riverside, CA 92517 .:. 1510 Patmyfita Ave. · Riverside, CA 92507
Bus. (909) 341-5025 · Fax (909) 341-5031
· :, Digi-Fire Starter Model # DFAO-04-400
· :o 400 hp bypass contactor
· ~o H-O-A selector switch
o:o Pun pilot light
· :o Start push button
· ~, Digi-Fire monitor panel
· ~o Restart-Back spin timer
· 1. Waste valve control circuit
o:o Run time meter
o;° Interior light & switch
olo GFCI Receptacle
°I, Enclosure fan / Thermostat
o:, Thermal overload relay with 3 each current transformers.
Pull new shafting, check for straighmess and insert in oil tubes.
Set pump and land head.
Form and pour panel pad, install 4" conduit within 30 ft. or less.
Set panel
TOTAL ESTIMATE FOR MATERIAL, TAX, FREIGHT AND LABOR $110,03
PUMP, HEAD AND COLUMN ASSEMBLY-2-3 WEEKS
MOTOR-8-10 WEEKS
PANEL-10-12 WEEKS
Engineering
'~.,,,' VERTICA~:TUI~BI~E PUMPS
· 72 SiNGlE. STAGE'PERFORM/~NCE.
7000
RPM
ENCLOSED
IMPELLER
0
/~FICIENCY CORRECTIO~ ~ .' '. ~.' TECHNICAL DATA'. '..: ': '
' ........ (Inches)
~:NU~BER OF
~ ~AGES* '. '~CHAN~
:' ;'i~'
"'3 '" ; ~.~',PoINTs ' ~ ~ ; , 0{ ~ ~ IMPELLER EYEAR~ 28.~ SQ, IN,
: $OWL I EFRClENCY [ ·] ~ ~ 12.90 D. ~ BOWL ~. (~CH ADD'L. STAGE) I~-LBS.
. ~L C~NGe = These are nominal va,ues, Refer'to "Application: and
' [CA~T;I~N '
, t ~ 4.~3 e~ending thesevaIue,,
' 11.8o D.~ ~ ~13,00 ~. "~" This value is the m n mum sabmergence r~quired to
(l~Ref~r ~o "Ap~llcation~and Beference ~ 10" COLUMN prevent vo~exing only. This value may need to be
D~' ~r head mrre~ion '
~A RBANKS MORSE PUMPS
SO C~ " 0~1~1
PUMP DATA SHEE~ Sel~n fib: (u~l~ .. i
FAI~KS MORDE, ~ ~ ~alog: FMTU~B60JM~
Design Point: FJ~; 2~ US gpm Fluid: Water Te~mture; ~ 'F '
He~; ~33 ff SG: 1
Pump: VERT,TU~INE - t~0 Sf:e: q3FI (10 ~es) Vi¢e~¥ I.~22 cP
G~ed; 1770 ~m Die; 8.5~5 Jn Vap~ p~um: O~e ~a
Lim~: Te~m~: ~ 'F ~pnere sl~e: t ~ A~ pr~sum: 14.7 psta
P~sure; ~60 pslg P~et: ~ bhp ~ NP~a: -- ff
~u~n; -- i~
gim~*lan~: Suc~om 13 h D~cha~e: ~O ~
Discha~e: ~
Ve~ic~l ?u~l~e: ~Wl Die: 12.0 b Max L~I' 0 R ~
~ K Fa~n 12,02
M~ 400 b~ 8pe~: 1800 F~me: ~9T
NEMA S~apd~ TEFC
~ed rot M~x ~ower ~ ~gn Cuwe
t IOO~'
--- Data I=otnt ~ ~
~ow: 2000 US ~pm i ~
Design Cu~e - .'
Head:869~ 200 ; .~ . .......... . ....
$~off dP: 376 psi ~
Flow: US ~pm N ~0 ............. . ......
83.9% eE __"
~ 21~ US gpm U~ gpm 4~ s~
-- PE~OR~NCE ~A~ATIDN
P~ow S~d H~ Pump Pow~ NPSHr MOOr MoOr H~yr ~t
US gpm ~m ~ %~ ~P it
~)0 t 77~ 4g~ ~ 78.~ 38~
2~0 1~0 638 83.8 3~ I ~.2
1 ~ I~0 723 Tg,4 367
200 1770 755 ~,Z 33S
~0 1770 780 50.3 307
2-15-2001
EVWD # 147 PUMP DESIGN-2000 GPM
FAIRBANKS MORSE 13H-10 STAGE
BOWL OD-lY'
BOWL SHAFT-17-4 PH DUE TO MAX SIZE OF I 11/16"
WELL DIA.- 16"OD X 15 3/8" ID
WELL DEPTHs660' CASED
STATIC- 129'
DRAWDOWN-264' (BASED ON PUMP TEST, 7,6 GPM / FT.) 2000 + 7.6 = 264 FT.
PWL-39Y
DISCH. PRESS. - 100 PSI (231 FT.)
TOTAL PUMPING HEAD-624' (LAB HEAD)
COLUMN & DISCH. HEAD LOSSES-9 FT.
FIELD HEAD- 633 FT.
BOWL EFF.-g3%
BOWL HP- 385
BOWL SETTING-500 FT.
12'XY'X 1 15/16
SHAFT & THRUST BRG. LOSS-13 HP
PUMP HP-39g
MOTOR EFF.-94%
L~'AI
~,~, NOTICE TO REGISTRAR OF VOTERS ~
(Sec. 10509, 10522, 10524 Elections Code)
GENERAL DISTRICT ELECTION, NOVEMBER 6, 2001
A. DISTRICT: East Valley Water District
ADDRESS: 1155 Del Rosa Ave., San Bernardino, CA.92410
MAILINGADDRESS: P.O. Box 3427. San Bernardino, CA. 92413
B. LIST OF DISTRICT DIRECTORS WHOSE TERI~S EXPIRE ON DECEMBER 7, 2001.
NAME AND DIVISION APPOINTED DATE OF
MAILING ADDRESS NUMBER OR APPTMT
(IF ANY) ELECTED
1. Glenn R. Lightfoot Elected Nov. '97
6995 Grove Ave. ~ Highland, CA 92346
2. Edward S. NeRrete Elected Nov. '97
3. George E. Wilson Elected Nov. '97
27263 Pleasant Hill Dr.. Hi,_bland. CA 92346
4.
5.
C. CANDIDATE'S STATEMENT: Who is to pay the cost of the printing and handling of
statement? Please check the appropriate box.
CANDIDATE: [--~ If the candidate is to pay, the Registrar of Voters shall
collect a deposit from the candidate, as his estimated pro rata
share of the cost of tb.e statement. If the candidate does not pay
any additional costs after a 90-day invoicing period, the District
will be billed and agrees to pay any additional aneh costs.
DISTRICT: [~ If the District is to pay, the Registrar of Voters shall bill the
District for the actual cost of preparation of the candidates'
statements for all who avail themselves of the procedure,
D. DISTRICT MAP: Attach map and show district boundaries and divisions, if applicable.
MAP ENCLOSED: YES []
[] (No boundary/division changes)
NO
I certify that the enclosed map of the district boundaries and divisions, if applicable, is true and
correct as of this date, and is submitted in compliance with Section 10522 or 10524 of the
Elections Code for use in the General District Election to be held on November 6, 2001 or that
there have been no changes to the boundaries as of the last General Distfic/t Election held on
November 2, 1999. /2 ~,/ /~
Dated: June 6, 2001 Signed: ~/~~ Robert E. Martin,
~Secre~ary of District/P~neNumber)Board Secretary(909) 885-4900
COUNTY' OF SAN
~ ~**=.-, BERNARDINO
REGISTRAR OF VOTERS
asr Rialto Avenue · San Bernardino, CA 92415-0770 · (909) 387-8300 .,~, . INGR~D E. GONZALES
~ .... Fax (90,9) 387-2022 "r : '~'~....~' Registrar of Voters
May 29, 2001 ~ ~,
Dear District Secretary:
This correspondence is to remind you that your General District Election is scheduled to be held on November
6, 2001, for the election of Directors to your District's board
Notice to Registrar of We have enclosed this notice, in duplicate, requesting information necessary
Voters for the conduct of your General District Election. Please complete the forms in
duplicate retain one copy for your records and the other copy needs to be
returned to our office by June 29th.
Election Calendar Enclosed is an Election Calendar showing the sequence of events for your
General Distdct Election. The calendar indicates which part of the procedure is
the responsibility of the secretary of the Distdct and specifies the date each item
shall be completed.
Secretaries Seminar After reviewing the calendar, we are sure you will have questions concerning
your responsibilities and the election process in general. To answer your
~ questions and to help you become knowledgeable enough to answer questions
for candidates, we have scheduled 5 seminars which will be held:
July 10, 2001 at 10:00 a.m. at the July 11, 2001 at 10:00 a.m. at the
Running Springs Water District Board of Supervisors, 3"* District
31242 Hilltop Blvd. Conference Room
Running Springs, Ca 92382 57407 29 Palms Highway
Yucca Valley, Ca 92284
July 12, 2001 at 10:00 a.m. at the July 12, 2001 at 2;00 p.m. at the
Barstow Fire Protection District Town of Apple Valley
861 Barstow Road Conference Room
Barstow, Ca 92311 Apple Valley, Ca 92307
July 13, 2001 at 10:00 a.m.
Registrar of Voters, Conference Room
777 E. Rialto Avenue
San Bemardino, Ca 92415-0770
Please choose the meeting most convenient for you.
NOTE: All secretaries must attend a seminar in order to issue Declaration
of Candidacy papers at their district office.
WILLIAM H. RANDOLPH
County Administrative Officer Board of Supervisors
JOHN GOSS BILL POSTMUS ....................................... First District DENNIS HANSBERGER ................... Third District
Interim Assistant County Administrator JON D. MIKELS ................................. Second District LARRY WALKER ............................. Fourth District
Economic Development and JERRY EAVES .................................... Fifth District
Public Services Group
Page 2 of 2
Off-Site Candidate Filing As a matter of information, we will be in the following areas, on the dates
indicated, to assist candidates in filing their candidacy paperwork. It should be
stressed to potential candidates that these off-s tes are for fi in.q purposes;
anyone desidng to obtain candidacy papers from the district secretary should do
so before coming to the off-site.
Yucca Valley: July 31, 10:00 a.m. to 4:00 p.m.
Board of Supervisors, 3rd Distdct
Conference Room
57407 29 Palms Highway
Apple Valley: August 2, 9:00 a.m. to 4:00 p.m.
Town of Apple Valley, Conference Room
20440 Highway 18
NOTE: This special service/convenience provided by The Registrar of Voters - Candidates must file at our office
if they don't file at one of the above off-site locations.
We wish to emphasize the urgent need for you to complete the enclosed forms and return them to our office as
soon as possible.
Any questions may be directed to the undersigned or Dean Brinkman at (909) 387-2078/2079.
Sincerely,
~INGRID E. GONZALES
Registrar of Voters
Sharon Beringson
Deputy Chief Registrar
IEG:SB:ci
Enc: as indicated
Jul 16 Cities City Clerk NOMINATION PETITIONS:
(-113) Forms for nomination to all city offices shall
to be obtained from the City Clerk. The forms
Aug 10 shall be available on the 113t~ day prior to the
(-88) election and shall be flied not later than 5:00
p.m. on the 88t~ day prior to the election in
the office of the City Clerk. The petition
shall be signed by not less than 20 nor more
than 30 voters in a city of 1,000 registered
voters or more, and by not less than 5 nor
more than 10 voters in a city with less than
1,000 voters. No candidate may withdraw
his&er nomination papers after 5:00 p.m. on
the $8t~ day prior to the election.
(E.C. I0220-'94, I0224-'94)
Schools, Special Registrar of 12'qCUMBENT CANDIDATE: An elective
Districts and Voters officer seeking nomination for, and election
Cities And to, the same elective office s/he holds by
City Clerk virtue of election prior to the election shall be
entitled to be designated on the ballot as an
incumbent or use the title of the office in lieu
of an occupational designation if so stated. If
the elective office held is by appointment, the
word "appointed" must precede the word
"incumbent" or the title of the office.
(E.C. 13107-'99)
CANDIDATE'S STATEMENT: Statement
of their qualifications, not exceeding 200
words in length, shall be filed at the same
time and in the same place as Declaration of
Candidacy.
(E.C. 13307-'99)
Aug 10 Schools, Special Registrar of NOTICE OF LAST DAY TO FELE
(-88) Districts and Voters ARGUMENTS:
Cities And Last day to publish or post Notice of Last
City Clerks Day to file arguments for or against a
measure.
(E.C. 9163-'94, 9286-'94, 9502-'94)
NOTICE TO REGISTRAR OF VOTERS
~'(S~c. 10509, 10522, 10524 Elections Code) ~ ~/, .~,~ ) )~ ~ ,, ./
GENE~L DIST~CT ELE~ION, NO~BER 6, 2001
~ A. D~S~CT: Eas~ Va~ey ~a~er
~D~SS: ~155 De~ ~osa Ave., San Ber~a~d~o~ CA.924~0
M~L~OADD~SS: P~0~ BOx 3427~ San Bernard~no. CA. 924~3
B. LIST OF DIST~CT DI~CTORS ~OSE TE~S EXPI~ ON DECE~ER 7, 2001.
N~E AND DIVISION ~PO~D DA~ OF
M~L~G ~D~SS ~ER OR ~PTMT
~F A~ ELEC~D
I. G~e~n R. L~gh~foo~ E~ecCed ~ov.
2. Edward S. Ne~reCe ~ ~ov. ~7
3. George E. ~son E~ecCed Nov. ~97
4.
C.CANDIDATE'S STATEMENT: Who is to pay the cost of the printing and handling of
statcmant? Please chcok the appropriate box.
CANDIDATE: ~ If the candidate is to pay, the Registrar of Voters shall
collect a deposit fxom the candidat% as his estimated pro rata
share of the cost of thc statement. If thc candidate docs not pay
any additional costs after a 90~tay invoicing period, the District
will be billed and agrcas to pay any additional such costs.
DISTRICT: [-~ If thc District is to pay, thc Registrar of Voters shall bill the
District for thc actual cost of preparation of thc candidates'
statements for all who avail themsalvcs of the procedure.
D. DISTKICT MAP: At~ach map and show district boundaries and divisions, if applicable.
MAP ENCLOSED: YES []
NO [] (No boundary/division changes)
I certify that the enclosed map of thc district boundaries and divisions, if applicable, is true and
correct as of this date, and is submitted in compliance with Section 10522 or 10524 of thc
Elections Code for usc in thc General District Eiection to be held on November 6, 2001 or that
there have bean no changes to thc boandarics as of the last General Distdc/t Election held on
November 2, 1999. /2 ~/ //
(Secretary of DistrictfPl~ne Number)Board Secretary (9 09 ) 88 5-45)00
East V ' ey Water"District
MEMORANDUM
To: Board of Directors
//
From: Robert E. Martin
Date: 3une 12, 2001
Subject: Vacation Buy Back
In accordance with my employment agreement with the Board, I am requesting the buy
back of eighty (80) hours of vacation time to be paid as part of the next scheduled
payroll. Your consideration of this request is appreciated.
REM:mew
d EAST VALLEY WATER DISTRICT
. ,~./ V 1155 DEL ROSA AVENUE ~ .'~ ,~ ~ It
~i: , ~ ',-,, i! I t SAN BERNARDINO, CA 92410
.... - :~ (909)889-9501 FAX:(909)889-5732
', e': CLAIMS FOR DAMAGES
~ '"' ~: :' '~ ';'" TO PERSON OR PROPER~
INSTRUCTIONS:
Subject to ce~ain statuto~ exceptions, an action for money or damages may not be maintained a~ainst the
District unless wri~en claim has been timely presented to the District and rejected in whole or in paA.
2A claim shall be presented by the claimant or by a pe~on acting on the claimant's behalf.
Answer all questions. Omitting information could make your claim legally insufficient.
Name and address of the person to whom you desire notices or communications to be sent regarding this claim.
This claim form must be signed on page 2 at bottom.
attach separate sheets, if necessa~, to give full details.
SIGN EACH SHEET
7 Claim must be filed with Board 8ecreta~.
TO:EAST VALLEY WATER DISTRICT
~ame of Claimant
Home~ddress of Claimant . .~ I ~ ~Ci~nd ~t~te ~ Home Telephone Number
Business Address of Claimant ~ ~ity and state Business Telephone Number
Give a0dre~s to whic~ y~M desire qotices p~municpbons tq be ~t regarding t~ claim:~.
How did DAMAGE or lNJURYoccur? Give full pa~iculars,
~en did DAMAGE or INJURY occur? Give full pa~iculars, date, time of day: ~
~ere did DAMAGE or INJURY o~ur? Describe fully, and locate on diagram on reverse side of t~is sheet, where O~ ~ ~,~
appropriate, give street names and address and measurements from landmarks:
What pa~iculaF ACT or OMISSION do you claim caused the inju~ or damage? Give names of District employees causing the
inju~ or damage, if known:
Wha[~ DAMAGE or~ INJURIE~n~ do yo~lai~, resuitedg. . Give. full, extent of i~ries__, or damages_ claime_
What AMOUNT do you claim on account of each item of inju~or damage as of dale of presentation of'this claim, giving basis
of computation: . .
~,ive ESTIMATED ~OUNT as far as known you claim on account of each item of prospective inju~ or damage, giving basis
~f Insurance payments received, if any, and names of Insurance Company:
SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE
Expenditures made on account of accident or injury: (Date - Item) (Amount)
Name and Address of Witness, Doctors and Hospitals:
READ CAREFULLY
For all accident claims place on following diagram names of streets, including North, East, South, and West:
indicate place of accident by "X" and by showing house numbers of distance to street corners.
If District Vehicle was involved, designate by letter" A" location of District vehicle when you first saw it, and by" B" location of
yourself or your vehicle when you first saw District vehicle: location of District vehicle at time of accident by" A-1" and location of
yourself or your vehicle at the time of the acciden~ by "B-I" and the poinl of impact by "X".
NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant.
SIDEWALK
CURS~
~ CURB
~R AUTOMOBILE ACCID~T5
//
Signature of C)aimant or person filing on his Typed N~me Date
behalf givin .~~t:
-07,/M,
NOTE: All .~mants may be required to be examined as to their claim under oath."
Presentation of a false claim is a felony (Calif. Penal Cede Sec. 72)
C~JMS MUST BE FILED WITH BOARD SECRETARY.
June 6, 2001
TO: Paul Dolter .t~,~, ~/~\
FROM: Fred Stafford
SUBJECT: High PSI in #137 Canal Zone
On Friday, May 25, 2001, at approximately 5:30 p.m., I received a call from my
on-call operator, Earl Batdorf, that there was a high pressure call on Gala Street,
north of Highland Avenue. I asked him to check Plant #137 tank and hydro
system for a pressure reading and to call Tim Dotson, back-up operator, to check
PSI at the closest fire hydrant to complaint address. The original complaint was
given to Dan Davis, Field on-call person, who reported approximately 170 lbs. at
customer address. While Earl and Tim were en route to the Gala address, I
checked our SCADA system to scan the status and trending of the tank level at
EVVVD Plant #137 and #140. I then checked the pumping equipment trends for
any unusual activity. Earl called and reported 95 PSI at EVVVD #137 hydro
system, then Tim reported 130 PSi at Gala address. The normal PSI range at
Gala is 115# - 132# as indicated by PSI recording charts, which Tim placed at
hydrant in question on May 25, 2001 at about 6:30 p.m. I asked Earl how many
complaints had been called in and he responded, "one".
I got no further calls on this problem until approximately 9:30 am on Saturday,
May 26, 2001. I was notified that we were causing damage in Sycamore Heights
area due to high PSi. I told Earl to call Tim Dotson to open the check valve on
EVWD #137 inlet to allow water in tank as I suspected a gate valve had been
closed, isolating EVWD #137 from EVWD #140 and a closed system existed.
During this period of high pressure, the trending levels at #137 and #140
appeared to be normal. I suspect that #137 called the canal boosters at Plant
#134 to come on and when #137 level was satisfied, the pumps at #134 shut off.
However, in the time that it takes between a pump getting the signal to shut off
and the pump control valve actually closes the water pressure could boost to
significantly higher levels in a closed system. Then that high pressure would.~
remain until the demand in the system could relieve that p~
It was discovered by Gerald Sievers that a contractor had closed the valve
between #137 and #140 late Friday afternoon, May 25, 2001, without notifying
the District. The problem was finally resolved at about 10:45 am on May 26,
2001.
FS/jw
NoON 11
~0
NOON,
RELEASE OF LIENS
MAY 25, 2001
~i~
ACCOUNT OWNERS PROPERTY AMOUNT
NUMBER NAME ADDRESS OWED
1. 004-0027-3 7370 MCKINLEY ST 22.36
2. 004-0160-5 7432 MCKINLEY ST 57.66
3. 007-0197-1 5569 GOLONDRINA DR 35.34
4. 021-0036-3 2328 MESQUITE DR 144.14
5. 052-0079-2 6599 ROCA CIR 58.89
6. 053-0027-0 2140 17TH ST 118.48
7. 072-0124-2 7240 OSBUN RD 43.14
8. 081-0083-1 7057 BUCHANAN 51.03
9. 092-0156-3 7450 NEWCOMB ST 281.38
10. 105-2946-0 27372 RUSTIC LN 213.78
11. 112-0059-3 24505 4TH ST 212.75
12. 112-0090-0 24662 COURT ST 123.75
13. 162-0429-1 29549 CHANDLER RD 115.32
TOTAL c ~ $1,478.02
+PAID THROUGH TAX ROLLS
Page 1 of 1
m
'EDC CONSULTANTS
a division of
CENTERLINE SURVEY INC.
PKOFESSIONALENGINEERS, PLANNERS AND SURVEYORS ,J',_![,] - 5
May 31, 2001
Mr. C. Patrick Milligan, Board President
San Bemardino Valley Municipal Water District
1350 South "E" Street
San Bemardino, California 92408-2725
Subject: Advisory Commission on Water Policy
Dear Mr. Milligan,
The subject Commission convened last night and again failed to have a quorum in attendance.
This clearly has become a chronic problem over the past year and the commissioners who have
been in regular attendance, feel that something should be done to remedy the problem.
At the majority of meetings we have about ten (10) commissioners in attendance, not enough to
constitute a quorum requiring twelve (12). As a result, we've been unable to take action on items
such as approving the minutes from prior meetings and have been prevented from making
recommendations to you and your fellow Board members, on issues of major importance to all of
1,1S.
At our meeting last night, there seemed to be consensus that since we are consistently unable to
acNeve a quorum requiring twelve (12) members in attendance, we might want to explore the
possibility of reducing the required quorum to nine (9). Although arbitrary, the latter number
would certainly be in line with the minimum number of commissioners that are always present
for our meetings.
We were fortunate to have some of your fellow Board members in attendance at our meeting last
night and we feel certain that they are keenly aware of the concerns of the participating members
of the Commission. We would encourage you and your staff to work with us, in trying to modify
the way in which we cm~rently dete~nnine a quorum for o,ar COmmission meetings. Any such
change would require adoption of a resolution by your Board.
Should you have any questions, please feel free to contact the undersigned at your earliest
convenience.
Sincerely,
David R. Lesser
Advisory Commission Chairman
Copy to: All Advisory Commission Members
350 WEST FRr//q STREET. SUITE 20lA, SAN BERNARD[NO, CALIi~OR/q'iA 92401 ~ (909)381-9916 - (909)381-9515 FAX
San Bernardmo County SpeCial Districts
'; ' (9;-;.'.
~ Big Bear Municipal Water District and Big Bear Ci~ Communi~ Services Dis~ici
~ are co-hosting the J~e members~p meeting at the ~1~ ~~ ~
~~i~ ~~~ at Big Bear Lake.
The social hour will begin at 6 p.m. w~th a ~all to order at 6:45 p.m. A sit-down
dinner at $26 per person will be served.
~rde~: ~ck ~aL~ ~a~e~ ~ri~e
Cari~ea~ chicken
~e~d wi~h: Ch~ic~ of 5a~d ~r CLam ~ha~der and c~ia~ ~ P~a~ae~ ~r ~ce:
Oeaae~ and C~ee or Tea
~peaker: Joe ~awo~h, Information ~cer
"~w ~ ~i~ a PreSentation?:
~i5 i5 a grea~ pr~sen6a~i~n ¢~r ~epa~men6 h~a~5.
man>, a~ng ~a6 w~uL~ Like ~ a~n~.)
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
RS~ to Donaa ~o~ by Juae 8, 2001
Telephoae~ 90~-585-~65 ~a~; 585-00~5
P O ~o~ 558 BigBear Cit~ CA 9~14
DistricffAssociate
A~endees: Entr6e:
~MI~ER: There is a $2 surch~ge per person for reservations made a~er ~e deadline dat~ and co.rig to ~e dinner
meeting without having made reservations. You will also be billed for ~e di~er if cancellaUon is not received P~OR to
· e deadline date.
~lte Blue larlu~le laal~esi~le ltesta~tt-a~tt
350 Alden Road:
Big Be~ Lake, CA 92315 " " "'
~' : 'nd ':330) ~ 330" r ~' d ' ' '
1-10 to CA-30 West.toHigbl~ (CA:. CA- no~ ow~ s~Reso~s CA-
330 becomes CA-18 towed Big Be~ ~e. Crossover the Dm on CA-18 (w~ch is
Big Be~ Blvd.) to ~den Road (apPro~ately '20b'Y~s: east of ~e ~ckerbocker
signE). ~ on ~den Road to ~e Blue ~Ee L~eside Resta~t.
'-',, 'x g/
% ~ ~D' "~' ~"'"' ' ; "'
-, / .... . ', Nm -- ,. '~.--
x,.~F II harr~'Dn k. ,," ~k~ V ew'gr Big
~.. '~rB~ I ~nLnlr'y':~,'~ ~' I' '-. / i~ I~
~' '~ ~ '. -----, '~.. y~,/ - l~o~ _~ .~ m , .'
' ,.~.:',~ ,,. ~-.~',, -~¢J F ,. .... ~ ~,1 t
~ u[ ~ ~ ~%. "~ i~ ~* '- ', ~ r ~" ~. ,,~
-
Anyone wishing to spend the night in Big Be~ may m~e rese~ations by calling the M~na ~viera
(on the Lake just west of Pine ~ot Avenue) at 800-600-6000 or the No~hwoods Reso~ (in the
Village) at 909-866-3121. ,
You are cordially invited to attend the
San Bernardino Area Chamber of Commerce
"Business After Hours"
Hosted by: Quiel Bros. Sign Company
Thursday, June 28, 2001
5:00 p.m. to 7:00 p.m.
272 South 'T' Street, San Bernardino, CA
Cover Charge $5.00
Please RSVP by June 21, 2001
M
(COMPANY NAME)
will be attending the
San Bernardino Area Chamber of Commerce
"Business After Hours"
hosted by QUIEL BROS. SIGN CO.
June 28, 2001
In my company will be:
EAST VALLEY WATER DISTRICT
DIRECTOR'S FEES AND EXPENSE REPORT
DIRECTOR: L I ~ I.~0~ MONTH OF: /"'/,'~ ~/
~'~ard Meetings: ~'//'f ~
~onferences and Other Meetinqs
Date: ~/~-~ 5'///Organization ,,~C~ Description
Date: 5'//7 Organization ~-~~'~'72 Description &~/~,~
Date: ~'/~' Organization EI/~'J) Description t. tE~.'rl~,'~-
Date: 5/7~ Organization ¢L'F//¢ ~) Description
Date: 5'/~/ Organization ~b[~'/) Description
Date: Organization Description
Date: Organization Description
Date: Organization Description
Date: Organization Description
Date: Organization Description
~ Date: Organization Description
Date: Organization Description
Date: Organization Description
Date: Organization Description
Date: Organization Description
TOTAL # OF MEETINGS /~) @125.00 each
Personal Auto: ~¢ Miles x .325 per mile
Parking Fees
Total Lod,qinqs, Meals & Other: (Details on Back)
Total Director's Expenses
///f, ?, , Total Director's Meetings & Expenses
,,.,~ned ,~, ~ ,//_~,/~,~ Less any Advance Payments
/
Date of Board Approval TOTAL DUE DIRECTOR
Lodqinqs: (Receipts attached)
Date: Function Attended $
Date: Function Attended $ "-'"
Date: Function Attended $
Date: Function Attended $
Date: Function Attended $
Date: Function Attended $
Date: Function Attended $.
Date: Function Attended $
Date: Function Attended $
Date: Function Attended $.
SUB TOTAL $
Meals: (Receipts attached)
Date: ~'/',¢ ,- ~j,, Function Attended /¢(;b~,~/~ $ iz.~/-/
Date: -q/~'-~-~,~ Function Attended ~¢~.',~ $
Date: ~ -- ~,~ Function Attended
Date: ~¢ ~(4 Function Attended
Date: Function Attended $
Date: Function Attended $.
Date: Function Attended $
Date: Function Attended $
Date: Function Attended $
Date: Function Attended $.
SUBTOTALS //z/.~
Other: (Receipts attached)
Date: Function Attended $.
Date: Function Attended $...
Date: Function Attended $.
SUB TOTAL $,,
~, ,~UI'! I i ' TOTAL LODGINGS, MEALS AND OTHER $
(Enter this total on the front of form)