HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 01/25/2005
r\ni'D East Valley
t' " Water District
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3654 HIGHLAND AVE., SUITE #12, HIGHLAND, CA
REGULAR BOARD MEETING
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January 25, 2005
2:00 P.M.
AGENDA
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"In order to comply with legal requirements for posting of agenda, OlÙY those items filed with the District
Secretary by 10:00 a.m. on Wednesday 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 January 11, 2005.
4.
Adopt Development Agreement between East Valley Water District and Standard Pacific Homes to
provide water and sewer service to (253) two hundred fifty-three dwelling units identified as Tract
16014 which is located at the northeast corner of HighlaIld Avenue and Chmch Street in the City of
Highland, County of San Bernardino, State of California.
5.
Approval of Liens for Delinquent Water and Sewer Accounts.
6.
Accounts Payable Disbmsements: Accounts Payable Checks 200117 through 200298 were distributed
January 7, 2005 through January 19, 2005 in the amount of $557,996.87. Payroll Checks for period
ended January 7, 2005 and December 31, 2004 and included checks and direct deposits, in the amount
of $93,274.03 and $3280.37. Total Disbursements for the period were $654,551.27
OLD BUSINESS
7. Radon RuleIPerchlorate Rule Update (General Manager)
8.
HeadquaIiers Project Review and Update (General Manager)
9.
Adopt Negative Declaration, Mitigation Monitoring and Reporting Program and De Minimus Impact
Finding for the Well 27 Water Treatment Project.
10.
Discussion and Possible action regarding AD Hoc Conmlittees
NEW BUSINESS
,,11. Review and Accept Financial Statements for Period Ended December 31,2004
12.
Discussion and Possible action regarding the Piping Material Procurement Package for the Sterling &
6th Street Pipeline Project.
REPORTS
13. January 18,2005 -Release of Lien for Delinquent Water aIld Sewer Accounts
'-' 14.
IS.
16.
Investment Report for Quarter ended December 31, 2004
General MaIlager's Report
Proposed Legislation
Oral Comments from Board of Directors
MEETINGS
17. San Bernardino Area Chamber of Commerce, Ninety-Seventh Installation of Officers, Valencia Room
at the National Orange Show, San Bernardino, CA, February 8, 2005.
18.
19.
20.
CSDA New Board Member Training Workshop for Elected Officials, Double Tree SaI1ta Ana/OraIlge,
CA, February 18,2005.
Water Education Foundation's Executive Briefing, Radisson Hotel, 500 Leisure Lane, Sacramento, CA-
March 24-25, 2005.
A WWA 124th Annual Conference aIld Exposition, Moscone Center, SaIl FraIlcisco, CA, June 12-16,
2005.
CLOSED SESSION
21. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
'-' [Govenmlent Code Section 54956.8]
Property:
27 +/- Acres of Vacant LaIld
South of Highland Ave, West of
Central Ave
San BernaI-dino County, California
APN: 1191-251-1,03,04
Party with whom District will negotiate:
State of California
Party who will be negotiating on behalf of he District:
Under Negotiation:
Robert Martin
Price and Terms of Payment
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
ADJOURN
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Pursuant to Government Code Section 54954.2(a), any request for a disability-related modification or
accommodation, including auxiliary aids or services, that is sought in order to participate in the above-
agendized public meeting should be directed to the District's Administrative Assistant at (909) 885-4900 at
least 24 hours prior to said meeting.
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SUBJECT TO APPROVAL
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EAST VALLEY WATER DISTRICT
REGULAR BOARD MEETING
JANUARY 11, 2005
MINUTES
The meeting was called to order at 2:02 p.m. by President Wilson. President Wilson led
the flag salute.
PRESENT:
Directors Goodin, Sturgeon, Negrete, Wilson
ABSENT:
Director Lightfoot
STAFF:
Robert MaIiin, General Manager; Paul Dolter, District Engineer;
Brian Tompkins, Chief Financial Officer; Justine Hendricksen,
Administrative Assistant
LEGAL COUNSEL: Steve Kennedy
GUEST(s):
Jo McAndrews, Charles Roberts (Highland Community News)
APPROVAL OF AGENDA
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M/SIC (Sturgeon-Goodin) that the January 11, 2005 Agenda be approved as
submitted.
PUBLIC PARTICIPATION
President Wilson declared the public participation section of the meeting op.:m at 2:03
p.m. There being no written or verbal comments, the public participation section was
closed.
APPROVAL OF DECEMBER 14, 2004 BOARD MEETING MINUTES.
The minutes should be corrected to reflect President Wilson called the meeting to order on
December 14,2004.
M/SIC (Goodin-Negrete) that the December 14, 2004 Board Meeting Minutes be
approved with correction.
RESOLUTION 2005.01 - ACCEPT CONVEYANCE OF PIPELINE EASEMENT
FROM CENTEX HOMES was presented to the Board for approval.
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.M/SIC (Goodin-Negrete) that Resolution 2005.01 be approved.
Minutes: 0 ¡II 1105
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RESOLUTION 2005.02 - A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE EAST VALLEY WATER DISTRICT DISPOSING OF SURPLUS
PROPERTY (APN: 1201-341-07) APPROXIMATELY 4.3 ACRES OF VACANT
LAND LOCATED NORTH OF FIFTH STREET, EAST OF THE 30 FREEWAY,
IN THE CITY OF mGHLAND, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA was presented to the Board for approval.
M/S/C (Goodin-Negrete) that Resolution 2005.02 be approved.
APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS.
The General Manager stated that the charges identified by Account Numbers: 0080567-
06,0082714-07,0192319-02,0542608-05,1030089-06 and 1210639-00 had been paid and
should be removed from the lien list.
M/S/C (Goodin-Negrete) that the liens for delinquent water and sewer accounts be
approved for processing with the exceptions as noted by the General Manager.
DISBURSEMENTS
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M/S/C (Goodin-Negrete) that General Fund Disbursements #199832 through
200116 distributed during the period of December 10, 2004 through January 5, 2005 in
the amount of $1,388.068.47 and Payroll Fund Disbursements for the period ended
December 10,2004 and December 24,2004 in the amount of $94,762.46 and $99,053.75
totaling $1,585.793.72 be approved.
DISCUSSION AND POSSillLE ACTION REGARDING AGREEMENT TO
DEVELOP AND ADOPT AN INSTITUTIONAL CONTROLS GROUNDWATER
MANAGEMENT PROGRAM
The General Manager updated the Board on the Groundwater Management Program; that
the agreement would be for a 1 (one) year trial basis; that the District's wells are outside
the management zone or in a zone located in the County; that the General Manager
recommends approval of the Agreement to Develop and Adopt an Institutional controls
Groundwater Management Program.
Steve Kennedy concurred with the General Manager; but is concerned with one section of
the Agreement item 12 (twelve) regarding the dispute resolution process.
M/SIC (Goodin-Negrete) that the District Approve the Agreement to Develop and
Adopt an Institutional Controls Management Program.
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Minutes: 01111/05
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DISCUSSION AND POSSmLE ACTION REGARDING THE WET (WHOLE
EFFLUENT TOXICITY) LITIGATION THROUGH WESTCAS
The General Manager updated the Board regarding the Courts Ruling in the WET Case;
that the City of San Bernardino Water Department supports an appeal of the courts
decision.
M/S/C (Goodin-Sturgeon) that the District continue to participate in the WET
(Whole Effluent Toxicity) Litigation through WestCas and offer support in the amount of
$5000.00.
RADON / PERCHLORATE RULE UPDATE
The General Manager stated there was nothing new on the Radon Rule; that the NAS
(National Academy of Science) had released their report regaI'ding the proposed reference
dose for perchlorate; that their proposed reference dose is 20 ppb; that the NAS opposed
the EPA's (Environmental Protection Agency) proposed reference dose; that he does not
know how the EPA will respond to the NAS report; that DHS (Department of Health
Services) will continue to work on a Drinking Water Rule. Information only.
DISTRICT HEADQUARTERS SITE UPDATE (GENERAL MANAGER)
,....,
The General Manager updated the BoaI'd on the District's Headquarters Site; that the
District is close to submitting final plans to the City of San Bernardino,
APPROVAL TO RENEW LIENS FOR DELINQUENT WATER AND SEWER
ACCOUNTS
M/S/C (Sturgeon-Goodin) that the Liens for Delinquent Water and Sewer
Accoun(s be renewed,
DISCUSSION AND POSSffiLE ACTION REGARDING THE IRS STANDARD
MILEAGE REIMBURSEMENT RATES FOR 2005
M/S/C (Goodin-Negrete) that the IRS standard mileage reimbursement rates
(40 Y2 Ø) for 2005 be approved.
FINANCIAL STATEMENTS FOR PERIOD ENDED NOVEMBER 30, 2004 were
presented to the Board for review.
M/S/C (Sturgeon-Negrete) that the Financial Statements for period ended
November 30, 2004 be accepted.
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Minutes: 01/11105
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RESOLUTION 2005.03 - ACCEPT EMPLOYER PICKUP RESOLUTION PRE-
TAX PAYROLL DEDUCTION PLAN FOR SERVICE CREDIT PURCHASES
THROUGH PERS (pUBLIC EMPLOYEES RETIREMENT SYSTEM).
M/S/C (Sturgeon-Negrete) that Resolution 2005.03 be approved.
DISCUSSION AND POSSffiLE ACTION REGARDING A LETTER FROM
SANDER A. KESSLER & ASSOCIATES, INC., TO APPOINT DRIVER ALLIANT
INSURANCE SERVICES AS THE DISTRICT'S BROKER FOR WORKER
COMPENSATION INSURANCE MATTERS.
No action taken.
DISCUSSION AND POSSffiLE ACTION REGARDING A RECOMMENDATION
FROM DISTRICT STAFF TO PURCHASE AN AUTOMATIC METER READING
SYSTEM FROM PERFORMANCE METER, INC.
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The General Manager updated the Board regarding the recommendation to purchase an
Automatic Meter Reading System from Performance Meter, Inc.; that staff had conducted
many interviews with vendors, suppliers and water agencies currently using Automatic
Meter Reading Technology; that there are many advantages to purchasing this system
(health and safety issues, manpower, audit reporting for water usage); that the General
Manager and staff recommend the Board approve the proposal from Performance Meter,
Inc. to purchase an Automatic Meter Reading System.
M/S/C (Goodin-Sturgeon) that the proposal to purchase an Automatic Meter
Reading System from performance Meter, Inc. be approved.
DIRECTOR'S FEES AND EXPENSES FOR DECEMBER 2004 were presented to the
Board for approval.
M/S/C (Sturgeon-Goodin) that the Director's fees and expenses for December
2004 be approved as submitted.
EAST VALLEY WATER DISTRICT HOLIDAY SCHEDULE FOR 2005 was
presented to the Board for review. Information Only.
Vice President Sturgeon would like to have the District offices open on December 23 and
30, 2005, and the possibility of having floating holidays during the year as an option for
employees.
EAST VALLEY WATER DISTRICT 2005 BOARD MEETING SCHEDULE FOR
2005 was presented to the Board for review. Information Only.
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Minutes: 01/11/05
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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 their own willful misconduct.
Further, neither the
DISTRICf'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 DISTRICf
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
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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
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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's 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
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time of the executed release which if known by him or her must have
materially affected his or her settlement with the debtor."
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GENERAL MANAGER'S REPORT
The General Manager reported on the District's operations to date; that there has been a
number of road closures in the City of Highland and San Bernardino due to the current
storms; that plant 56 may need some repairs to the parking lot. Information only.
ORAL COMMENTS FROM BOARD OF DIRECTORS
Director Goodin updated the Board on his recent trip to Sacramento in which he attended
the CMUA Legislative Briefing.
Vice President Sturgeon suggested a letter of congratulations be sent to Congressman
Lewis on his recent appointment as Chairman of the Appropriations Committee.
APPRECIATION LETTER FROM MS CLARKS AND HER FOURTH GRADE
CLASS REGARDING THE EAST VALLEY WATER DISTRICT POSTER
CONTEST AND CALENDARS. Information Only.
ASSOCIATION OF THE SAN BERNARDINO COUNTY SPECIAL DISTRICTS
JANUARY MEMBERSHIP MEETING HOSTED BY EAST VALLEY RDC /
INLAND EMPIRE WEST RCD, ETIW ANDA GARDENS, 7576 ETIW ANDA, CA.,
JANUARY 17, 2005. Information Only.
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LEGISLATIVE BREAKFAST, STATE OF THE CITY ADDRESS FEATURING
MAYOR JUDITH VALLES, RADISSON HOTEL, SAN BERNARDINO, CA .,
FEBRUARY 22, 2005. Information Only.
CLOSED SESSION
The Board entered into Closed Session at 3:40 p.m. as provided for in the California Open
Meeting Law, Government Code Section 54945.9(a), to discuss the items listed on the
Agenda.
ADJOURN TO REGULAR SESSION
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
The Board returned to regular session at 3:50 p.m. The items listed on the Agenda were
discussed in closed session with no reportable action being taken.
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Minutes: 0 1111105
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ADJOURN
The meeting was adjourned at 3:50 p.m. until the next Regularly Scheduled Board
Meeting on January 25, 2005.
George E. Wilson, President
Rohert E. Martin, Secretary
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Minutes: 01111/05
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DEVELOPMENT AGREEMENT
THIS AGREEMENT is made this - day of , -' by and between EAST
VAlLEY WATER DISTRICT, a public agency (hereinafter "the DISTRICT"), and
STANDARD PACIFIC 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 northeast corner of Highland Avenue and
Church Street in the City of Highland, County of San Bernardino, State of California, and is
generally identified as Tract 16014 (hereinafter "the PROPERTY). A copy of the Tentative
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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 253 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 (hereinafter "the PROJECT").
COVENANTS
NOW THEREFORE, in consideration of the preceding Recitals and the mutual
Covenants contained herein, the parties hereto agree as follows:
1iIIIII'
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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
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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 all 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
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manner and, upon inclusion of all changes thereto requested by the DISTRICT in a
manner satisfactory to the DISTRICT, the DISTRICT will provide the
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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
of Highland 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
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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, rules, 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 Furnishing 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
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under this AGREEMENT. However, any approval by the DISTRICT of such
work, or of the designs, specifications, reports, and/or materials furnished
.........
hereafter be adopted, and shall pay when due any and all fees, deposits, charges,
rates, fines, 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 of Highland.
b.
The DEVELOPER shall provide a maintenance bond for the
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PROJECT in the amount of 100 percent 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 prior to its acceptance of the PROJECT 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 the 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. herein.
b.
The DEVELOPER hereby grants the DISTRICT full access to the
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PROPERTY for the purpose of installing, operating, inspecting, rnaintaining, 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 DISTRICT to
supply water to the PROPERTY 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 PROPERTY
if the DEVELOPER is in breach, default, or violation of this AGREEMENT 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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expressly waives and relinquishes all rights and benefits afforded to the DEVELOPER
thereunder and under any and ail 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
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its officers, directors, agents, and employees harmless from and against all claims and liabilities
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, including 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, daI1lages, 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
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and/or the PROJECT which are alleged and/or determined to be tortious, and/or in violation of
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present and future federal, state, and local laws (whether under common law, statute, rule,
regulation, or otherwise), including, but not limited 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, return 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
Attn: General Manager
........
If to the DEVELOPER:
Standard Pacific Homes
255 E. Rincon Street
Suite 200
Corona, CA 92879
Section 13. DISPUTES. 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 parties
equally; however, the prevailing party in the arbitration shall be entitled to reimbursement of its
attorneys fees and other costs incurred in connection therewith.
If a dispute arises which cannot be resolved by
Section 14.
AITORNEYS FEES.
arbitration, regarding the breach or enforcement of the provisions of this AGREEMENT, the
...,
prevailing party therein shall be entitled to recover all attorneys fees and other costs actually
9
........
incurred in connection with reaching a resolution of the dispute whether or not an action, claim,
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, legal 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 subject 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 AGRE:E¡MENT
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 anyone 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 terms 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.
'-'
10
'-"
Section 20. SEVERABILITY. If any portion of this AGREEMENT 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 District
President, Board of Directors
ATIEST:
Secretary
By:
D4-
ATIEST:
~
Notary Public
11
........
EXHIBIT "A"
[Tentative Tract Map for the PROPERTY]
...."
....,
12
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California }
County of .Bive~~____--
ss.
On 01/18/05
before me, Brandi L. Watt Notary Public
Name aod Titla of Offiœr
Da'e
personally appeared Michae!..:!:!",~~~_----------------------,
- - - - - - - - - t
BRANDll. WATT
Commission # 1426406
Notary Public - California ~
Riverside County -
My Comm. expires Jun 24, 2007
0 personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(s\ whose nametsi' is!a/e
subscribed to tt,{' within~' strurfí'e~t á~d
acknowledged to me that 'Y'I e/tM!y executed
the same in hisprer! eif authorized
capacity(i;;J, and that by hlSl9é'r/t "
signatur{~ on the instrument the person, or
the entity upon behalf of which the pe o¥
acted, executed the instrument.
WITNESS my hand and~. fficlal seal. .
~./~,
S'gnat"o of Not,,\, Pub Ie
--------------------------------------------- --0 PTI 0 NAL -------. ---.-.--------------....-..-
Though the information below ia not requlrad by law. It may provo valuab'a to po"ana "'ying an tho dacumont aod could prevent
hudulent ramaval and reattachmant of thia farm to another document.
Description of Allached Document
Title or Type of Document: -----------------------
Ooeument Date: ------------------ Number of Pages: -------
Signer(s) Other Than Named Above: ----------------------
Capaclly(les) Claimed by Signer
Signer's Name: ---------
----------------
0 Individual
0 Corporate Officer- Tltle(s): Authorized ~E______--------------
0 Partner - ? Limited? Generai
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other: ---
-------------------
Signer is Representing: ~tan~~.:'_~~."_~,:rp-------------------------
..........
!
I
--afe--
I
-r-
I .
I ~ ,?'"
~ - --L.
SCALE: 1 "=2000' .
.---LOT FENCING
>
~~
«:~O-6.
,.,
CERTIFICATE OF LIEN
JANUARY 25, 2005
"""
ACCOUNT OWNERS
NUMBER NAME
1. 0010054-04
2. 0010192-01
3. 0020031-01*
4. 0020160-14*
5. 0191642-02*
6. 0251064-10*
7. 0440025-01
8. 0520242-02*
9. 0553000-01
10. 0620250-00*
11. 0720081-06+
""""'" 12. 0730236-03*
13. 0841313-06
14. 0842775-04
15. 0912138-01*
16. 1010018-00
17. 1053110-01*
18. 1140161-09
19. 1231153-02
20. 1360019-08*
21. 1402001-02
22. 1420142-07
PROPERTY
ADDRESS
AMOUNT
OWED
$129.51
$35.18
$48.28
$14.19
$286.09
$29.65
$105.00
$122.07
$51.35
$1086.99
$93.66
$111.32
$28.58
$25.66
$21.79
$67.68
$17.45
$103.93
$26.25
$159.62
$55.84
$50.75
,.,
Page 1 of 2
........
.........
,.,
23. 1430043-02*
24. 1640034-02*
TOTAL
ø
* STILL OWNS PROPERTY
+ MULTIPLE UNITS
Page 2 of 2
$200.97
$113.80
$2,985.61
r\ni'D East Valley
t' " Water District
,..,
Board Memorandum
Date: JAN. 25, 2005
From: Brian W. Tompkins I Chief Financial Officer
Subject: Disbursements. ~
Recommendatjon:
Approve the attached list of accounts payable checks and
payroll issued during the period January 07, 2005 through
January 19, 2005.
Background:
Accounts payable checks are shown on the attached listing and include numbers 200117 to 200298 for
A total of $557,996.87.
'-'
The source of funds for this amount is as follows:
Arroyo Verde Funds $67,830.75
Construction Fund -Loan
Unrestricted Funds $490,166.12
Payroll disbursed was for the period ended January 7, 2005 and included checks and direct deposits,
Totaling $93,274.03.
Directors payroll disbursed was for the period ended December 31, 2004 included checks and deposits,
Totaling $3280.37.
Total disbursements- $654,551.27.
,.,
Dale; ( !esday. January 19. 2005 East vi... Water District Page: ( 10f 17
Time: .JAM Report:
KATHY Check ReQister - Standard __J30.rpt
UseE Company: EVWD
Period: 07-Q4 As of: 1/19105
Check Check Check \i<mdorID _u'----' Period Ref Doc Invoice Invo'oo o;scount Amount
Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid
Acetl Sub: 13110 000000000000000
200117 CK 1/7/05 ~~~ß~HEAD COUNTRY CLUB 07-04 07-04 039574 VO ARR121604 12116/04 0.00 6,182.51
200118 CK 111 0105 ~~~9WORNE LIFT SYSTEMS 07-04 039596 VO D3997901 1/7/05 0.00 10,344.00
200119 CK 1/12/05 ~BBP8tION MEDICINE CONSULTANTS 07-04 039569 VO 140 1/4/05 0.00 40.00
200120 CK 1/12/05 ~BþO02 07-04 039573 VO 363941 12131/04 0.00 368.30
200121 CK 1/12/05 ~B~R~hD TELEMETRY SYS INTL 07-04 039587 VO 13180 12117/04 0.00 1,599.00
200122 CK 1/12/05 ~I~~g¡;s WEST 07-04 039600 VO 103920052 12128/04 0.00 111.27
200123 CK 1/12105 ~~~~l¡¡RIDE UNIFORM SERVICES 07-04 039699 VO L615206 1217/04 0.00 25.00
200123 CK 1/12/05 ~~~~l¡¡RIDE UNIFORM SERVICES 07-04 039700 VO L615216 1217/04 0.00 332.13
200123 CK 1/12105 ~~~~l¡¡RIDE UNIFORM SERVICES 07-04 039701 VO L620251 12114/04 0.00 25.00
200123 CK 1/12105 ~~~~l¡¡RIDE UNIFORM SERVICES 07-04 039702 VO L620262 12114/04 0.00 314.06
200123 CK 1/12105 ~~~~l¡¡RIDE UNIFORM SERVICES 07-04 039703 VO L62551 0 12/21/04 0.00 25.00
200123 CK 1/12105 ~~~~l¡¡RIOE UNIFORM SERVICES 07-04 039704 VO L625520 12121/04 0.00 314.06
200123 CK 1/12/05 ~~~~l¡¡RlOE UNIFORM SERVICES 07-04 039705 VO L630742 12128/04 0.00 25.00
200123 CK 1/12105 ~~~~l¡¡RIDE UNIFORM SERVICES 07-04 039706 VO L630753 12128/04 0.00 314.06
Check Total 1,374.31
200124 CK 1/12/05 ~m01 07-04 039694 VO 42506231204 12128/04 0.00 28.16
200125 ZC 1/12/05 ~~~R02 07-04 07-04 038867 VO AWW111304 11/30/04 0.00 131.00
200125 ZC 1/12/05 ~~~R02 07-04 07-04 039597 AD AWW113004 11/30/04 0.00 -131.00
Check Total 0.00
200126 CK 1/12105 ~~8~~ALD-RON 07-04 07-04 039614 VO BUC01O405 1/4/05 0.00 866.96
200127 CK 1/12/05 ÄW¡ji~O/CALDWELL & MORELAND INS 07-04 039592 VO SERGIO VARGAS 1/6/05 0.00 3,067.61
De'e: « ,asday. January 19. 2005 East Va( . Water Djstrict Page: (30117
Time: AOAM Report: oo30.rpt
User: KATHY Check ReQister - Standard Company: EVWD
Period: 07-04 As of: 1/19/05
Check Check Check Vendor ID Pertod Ref Doc Invoice Invoice Discount Amount
Nbr Type Date VendòrName - ...-.. To Post Closed Nbr Type Number Date Taken Paid
2D0141 CK 1/12/05 ~1J3.~O¡(BCOCK & SONS. INC 07-04 07-04 039616 va AA50135-0791 1/4/05 0.00 360.00
200141 CK 1/12/05 Ë1J3.~O¡(BCOCK & SONS. INC 07-D4 07-04 039617 VO AA50153-o791 1/4/05 0.00 360.00
200141 CK 1/12/05 Ë1J3.%0¡(8COCK & SONS, INC 07-04 07-D4 039634 VO AA5O405-0791 1/5/05 0.00 135.00
200141 CK 1/12/05 ~1J3.%OÄBCOCK & SONS. INC 07-04 07-04 039635 VO AA50013-0791 1/3/05 0.00 610.00
200141 CK 1/12/05 Ë1J3.%0¡(8COCK & SONS. INC 07-04 07-04 039636 VO AA50069-0791 1/3/05 0.00 300.0D
200141 CK 1/12/05 Ë~BWÄBCOCK & SONS, INC 07-04 07-04 039637 VO AL42289-0791 12/29/04 0.00 340.00
200141 CK 1/12/05 Ë1J3.%OÄBCOCK & SONS. INC 07-04 07-04 039638 VO AL42288-0791 12/29/04 0.00 85.00
200141 CK 1/12/05 Ë1J3.WÄ8COCK & SONS. INC 07-04 07-04 039639 VO AL42290-0791 12/29/04 0.00 85.00
200141 CI< 1/12/05 Ë1J3.%O¡(BCOCK & SONS. INC 07-04 07-04 039640 VO AL42007-0791 12/27/04 0.00 325.00
200141 CK 1/12/05 ~1J3.WÄBCOCK & SONS.INC 07-04 07-04 039641 VO AL41223-o791 12/15/04 0.00 230.00
200141 CK 1/12/05 ~~B%OÄBCOCK & SONS. INC 07-04 07-04 039642 VO AL41847-0791 12/21/04 0.00 240.00
200141 CK 1/12/05 Ë1J3.%OÄBCOCK & SONS. INC 07-04 07-04 039643 VO AL41809-0791 12/21/04 0.00 40.00
200141 CK 1/12/05 Ë1J3.%O¡(BCOCK & SONS.INC 07-04 07-04 039644 VO AL42215-0791 12/28/04 0.00 40.00
200141 CK 1/12/05 Ë!j,8WÄBCOCK & SONS. INC 07-04 07-04 039645 VO AL42350-0791 12/30/04 0.00 240.00
200141 CK 1/12/05 ~1J3.WÄBCOCK & SONS. INC 07-04 07-04 039646 VO AL41491-o791 12/17/04 0.00 220.00
200141 CK 1/12/05 EB%0¡(8COCK & SONS, INC 07-04 07-04 039647 VO AL41545-0791 12/17/04 0.00 1.000.00
200141 CK 1/12/05 Ë1J3.WÄ8COCK & SONS. INC 07-04 07-04 039648 VO AL41430-0791 12/16/04 0.00 300.00
200141 CK 1/12/05 Ë1J3.%OÄ8COCK & SONS. INC 07-04 07-04 039649 VO AL41140-0791 12/15/04 0.00 300.00
200141 CK 1/12/05 Ë1J3.%OÄ8COCK & SONS. INC 07-04 07-04 039650 VO AL41559-o791 12/17/04 0.00 30.00
200141 CK 1/12/05 ~1J3.WÄ8COCK & SONS. INC 07-04 07-04 039651 VO AL41555-0791 12/17/04 0.00 150.00
200141 CK 1/12/05 Ë1J3.WÄ8COCK & SONS. INC 07-04 07-04 039652 VO AK41557-0791 12/17/04 0.00 150.00
200141 CK 1/12/05 Ë1J3.WÄBCOCK & SONS. INC 07-04 07-04 039653 VO AL41657-0791 12/20/04 0.00 300.00
200141 CK 1/12/05 Ë1J3.WÄ8COCK & SONS. INC 07-04 07-04 039654 VO AL41840-0791 12/21/04 0.00 30.00
200141 CK 1/12/05 ~1J3.%0¡(8COCK & SONS. INC 07-04 07-04 039655 VO AL41715-0791 12/21/04 0.00 300.00
200141 CK 1/12/05 ~~8~0¡(8COCK & SONS. INC 07-04 07-04 D39656 VO AL41930-0791 12/21/04 0.00 120.00
200141 CK 1/12/05 ~1J3.%OÄ8COCK & SONS. INC 07-04 07-04 039657 VO AL42097-0791 12/27/04 0.00 300.00
200141 CK 1/12/05 Ë1J3.%0¡(8COCK & SONS. INC 07-04 07-04 039658 VO AL42139-0791 12/28/04 0.00 30.00
Da'.: (OSday. January 19, 2005 East Va( Water District Page: (I of 17
Time: JAM Report: -óJO,rpt
Use" KATHY Check Reqister - Standard Company: EVWD
Period: 07'( 4 As of: 1119/05
Check Check Check j!.ndor~- --'--' Period Ref Doc Invoice Invoice Discount Amount
Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid
200141 CK 1/12/05 ~~~o,.¡BCOCK & SONS, INC 07-04 07-04 039659 VO AL42137-0791 12/28104 0,00 150.00
200141 CK 1/12/05 ~:¡'BI/P~BCOCK & SONS, INC 07-04 07-04 039660 VO AL42161-0791 12/28104 0.00 30.00
200141 CK 1/12/05 ~~B'IP~BCOCK & SONS, INC 07-04 07-04 039661 VO AL42159-0791 12/28104 0.00 240.00
200141 CK 1112/05 ~~B~o..1BCOCK & SONS, INC 07-04 07-04 039662 VO AL42201-0791 12/28104 0.00 45.00
200141 CK 1112/05 ~~~O~BCOCK & SONS, INC 07-04 07-04 039663 VO AL42262-0791 12/29104 0.00 120.00
200141 CK 1112/05 ~~~O~BCOCK & SONS, INC 07-04 07-04 039664 VO AL42283-0791 12/29/04 0.00 300.00
200141 CK 1112/05 ~~B'IP~BCOCK & SONS, INC 07-04 07.( 4 039665 VO AL41516-0791 12/17104 0.00 20.00
200141 CK 1112/05 ~~~o,.¡BCOCK & SONS, INC 07-04 07-04 039666 VO AL42031-0791 12/27104 0.00 20.00
200141 CK 1/12/05 ~~B'IP~BCOCK & SONS, INC 07-04 07-04 039667 VO AL41858-0791 12/21/04 0.00 165.00
200141 CK 1/12/05 ~~~'IP~BCOCK & SONS, INC 07-04 07-04 039668 VO AL41366-0791 12/16/04 0.00 315.00
200141 CK 1/12/05 ~~'IP~BCOCK & SONS, INC 07-04 07-04 039669 VO AL4181 0-0791 12/21/04 0.00 280.00
200141 CK 1/12/05 ~~'IP~BCOCK & SONS, INC 07-04 07-04 039670 VO AL41823-0791 12/21/04 0.00 335.00
200141 CK 1/12/05 ~~~'IP~BCOCK & SONS, INC 07-04 07-04 039671 VO AL42063-O791 12/27/04 0.00 135.00
200141 CK 1/12/05 ~~BI/P~BCOCK & SONS, INC 07-04 07-04 039672 VO AL42207-0791 12/28/04 0.00 120.00
200141 CK 1/12/05 ~~~O~BCOCK & SONS, INC 07-04 07-04 039673 VO AL42372-0791 12/30/04 0.00 135.00
200141 CK 1/12/05 ~~'IP~BCOCK & SONS, INC 07-04 07-04 039674 VO AL41641-0791 12/21/04 0.00 890.00
Check Total 10,040.00
200142 CK 1/12/05 ~~Ëß~bFT, INC 07-04 039618 VO R4887810105 1/1/05 0.00 126.98
200143 CK 1/12/05 Ë~þgW1AN 07-04 039633 VO CD5090005540 12/31/04 0.00 75.12
200144 CK 1/12/05 ~ËBg~L EDGE, INC. 07-04 039587 VO 0404-161 12/29104 0.00 609.43
200145 CK 1112/05 ~1~g!jßAMERICAN REAL ESTATE 07-04 039695 VO 11115167 12/31/04 0.00 57.50
200'146 CK 1112105 ~8~ßq.k STREET ROCK CRUSHER 07-04 039827 VO 222312 1/5/05 0.00 358.68
200147 CK 1/12105 8~~ß9fER CONSTRUCTION 07-04 039256 VO 370085-0 12/14/04 0.00 29.67
200147 CK 1112/05 8~~e&ER CONSTRUCTION 07-04 039257 VO 370083-0 12/14/04 0.00 29.67
Dalo: ("day, January 19, 2005 East Vale JVater Distrjct Page: (;Of 17
Time: 1 ,.JAM Report: --JO,rpt
User: KATHY Check Reqister - Standard Company: EVWD
Period: 07-04 As of: 1/19/05
Check Check Check VendorlO ----.--. Period Ref Doc Invoice Invoice Discount Amount
Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid
200147 CK 1/12/05 &AAB%kR CONSTRUCTION 07-04 039258 VO 370087-0 12/16/04 0,00 16.51
Check Total 75.85
200148 CK 1/12/05 8~~ßr~-C. JOSEPH 07-04 039314 VO 530253-2 12/15/04 0.00 270.80
200149 CK 1/12/05 8~~g~~L PUMP COMPANY 07-04 039595 VO 7819-R 12/16/04 0.00 6,150.45
200150 CK 1/12/05 8~~ß?~E PARTS COMPANY 07-04 07-04 039677 VO 857969 12/30/04 1.04 51.05
200150 CK 1/12/05 8~~~~EPARTSCOMPANY 07-04 07-04 039678 VO 858761 1/6/05 0.13 6.30
200150 CK 1/12/05 &~~ß?~E PARTS COMPANY 07-04 07-04 039679 VO 858817 Im05 0.09 4.20
Check Total 61.55
200151 CK 1/12/05 &~~fM-STACY A 07-04 039315 VO 191623-5 12/15/04 0.00 5.81
200152 CI( 1/12/05 ~~8~°2:0MPANY 07-04 039602 VO 4104973 12/16/04 0.00 902.25
200152 CK 1/12/05 ~~8~°2:0MPANY 07-04 039603 VO 4099034 12/13/04 0.00 461.50
Check Total 1,363.75
200153 CK 1112/05 ~~Þß~IBOY CAR WASH 07-04 039697 VO 1194 12/1/04 0.00 182.86
200154 CK 1/12/05 ~18~<¡f- RICHARDSON ASSOCIATES 07-04 039604 VO HIC1204 1/3/05 0.00 4,000.00
200155 CK 1/12/05 ~~~08ÓNSTRUCTION SPECIALTIES 07-04 039605 VO P10018431 12/29/04 0.00 27.69
200156 CK 1/12/05 ~~&~t¡fS-STEPHEN 07-04 039453 VO 70178-3.1 12/13/04 0.00 67.38
200157 CK 1/12/05 18~ROI 07-04 07-04 039570 VO WILLIAMS 1/6/05 0.00 27.00
200157 CK 1/12/05 18~ROI 07-04 07-04 039619 VO ICWO10705 Im05 0.00 144.00
Check Total 171.00
200158 CK 1/12/05 1~!:.2.'IJb EMPIRE EAC 07-04 039620 VO INLO10705 Im05 0.00 80.00
200159 CK 1112/05 1~!:.2.%b WATER WORKS SUPPLY CO 07-04 039598 VO 146810 12/6/04 2.07 101.37
200159 CK 1/12/05 1~!:.2.%b WATER WORKS SUPPLY CO 07-04 039606 VO 147650 12/29/05 0.47 23.24
Check Total 124.61
Dale: (?Sday, January 19. 2005 East va( Water District Page: ( ¡ of 17
T;one: JAM Report: JO.rp!
User: KATHY Check ReClister - Standard Company: EVWD
Period: 07-04 As of: 1119105
Check Check Check Vendor 10 Pertod Ref Doc Invoice InvoIce Discount Amount
Nb, Type Date VOndo,Name ---,-"""_u_- To Post Closed Nbr Type Number Date Taken Paid
200160 CK 1/12/05 ~8~ß<¡,2CLEANERS 07-04 039599 VO 134929 1/6105 0.00 3.96
200160 CK 1/12/05 ~8~ß<¡,2CLEANERS 07-04 039626 VO 135054 1/8105 0.00 3.96
200160 CK 1/12105 J8~ß<¡,2CLEANERS 07-04 039632 VO 135023 1/7/05 0.00 6.93
Check Total 14.85
200161 CK 1/12/05 ~f}f,IJf!1EEMAN CO.. INC 07..Q4 039588 VO 287083-0 12/29/04 0.00 28.25
200161 CK 1/12/05 ~f}f,IJf!1EEMAN CO.. INC 07-04 039589 VO 287185-0 12/30/04 0.00 24.32
200161 CK 1/12/05 ~f}f,IJf!1EEMAN CO.. INC 07-04 039590 VO 287040-0 12/29/04 0.00 1.032.98
200161 CK 1/12/05 ~f}f,IJf!1EEMAN CO.. INC 07-04 039591 VO 287040-1 113/05 0.00 213.88
Check Total 1,299.43
200162 CK 1112/05 ~WEP?<fPLlNGER TAX LETTER 07-04 039577 VO 0068625136 12/20/04 0.00 59-00
200163 CK 1112/05 ~lfeijJLUMBING SUPPLY 07-04 039684 VO 52813 10/27/04 0.00 2.31
200163 CK 1/12/05 ~lfeijJLUMBING SUPPLY 07-04 039685 VO 52993 11/30/04 0.00 8.59
200163 CK 1/12/05 ~lfeijJLUMBING SUPPLY 07-04 039686 VO 53006 11/30/04 0.00 36.64
200163 CK 1/12/05 ~lfeijJLUMBING SUPPLY 07-04 039687 VO 53202 12/14/04 0.00 8.82
200163 CK 1/12/05 ~lfeijJLUMBING SUPPLY 07-04 039688 VO 53210 12/15/04 0.00 11.16
200163 CK 1/12/05 ~lfeijJLUMBING SUPPLY 07-04 039689 VO 53267 12/16104 0.00 27.51
200163 CK 1/12/05 ~lfeijJLUMB'NG SUPPLY 07-04 039690 VO 53268 12/16/04 0.00 5.12
200163 CK 1/12/05 ~lfeijJLUMBING SUPPLY 07-04 039691 VO 53221 12/17/04 9.81 14.96
Check Total 115.11
200164 CK 1/12/05 ~8~ßqPAK-NANCY R 07-04 039320 VO 1420097-3 12/14/04 0.00 54.12
200165 CK 1112/05 11~!.¡'RISILIANO 07-04 039322 VO 1540276-6 12/15/04 0.00 70.82
200166 CK 1/12/05 l1~gÐN PROOUCTS,INC 07-04 039568 VO 2769067 12/29/04 4.71 511.97
200167 CK 1/12/05 tH~ß<¡'~ARNULFO 07-04 039323 VO 920035-2 12/14/04 0.00 40.82
200168 CK 1/12/05 ~~Iß%NANCE SOLUTIONS INC 07-04 039607 VO 12168433 12/23/04 0.00 4,010.34
Da'e: -( ,.day, January 19, 2005 East vat tNater District Page: ('Of 17
Hme: ."AM
User: KATHY Check Reqister - Standard Report: _~.JO.rpt
Company: EVWD
Period: 07-04 As of: 1/19/05
Check Check Check Vendor 10 -. ------ Period Ref Doc Invo'ce Invoice Discount Amount
Nbr Typa Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid
200169 CK 1/12/05 t:1~leg~VINNIE 07..Q4 039326 VO 321229-0 12/14/04 0.00 1,405.80
200170 CK 1/12/05 t:1~~¥?~-ROBERT E 07-04 039571 VO MAR010605 1/6/05 0.00 41.27
200171 CK 1/12/05 t:1~~¥T~EZ-HECTOR 07-04 039328 VO 1520171-3 12/15/04 0.00 33.89
200172 CK 1/12/05 ~Älfl~8W, MILLER 07-04 039611 VO 031162-11 12/31/04 0.00 16,329,60
200173 CI< 1/12/05 ~H~<¡jiMP TECHNOLOGIES, INC. 07-04 039630 VO 2004647 11/30/04 0.00 1,080.00
200173 CK 1/12/05 ~H~<¡jiMP TECHNOLOGIES, INC. 07-04 039631 VO 2004678 12/16/04 0,00 1,710.00
Check Total 2,790.00
200174 CI< 1/'12/05 ~aH%N-VINH 07..Q4 039332 VO 1542149-1 12/15/04 0.00 39.47
200175 CK 1/12/05 ~8~¥trAMERICAN RESIDENTIAL 07-04 039336 VO 1533055-0 12/14/04 0.00 9,51
200176 CK 1/12/05 þ~[R'/f-GUSTUVO J 07-04 039338 VO 620018-7 12/14/04 0.00 171.32
200177 CI< 1/'12/05 þ~~g¥-LUISA 07-04 039340 vo 350119-2 12/14/04 0.00 24.62
200178 CK 1/12/05 þt:11001 07-04 039682 VO PMI0105 1/11/05 0.00 645.10
200179 CK 1/12/05 Þ8~PR~-EPAMINONDAS 07-04 039341 VO 1350218-5 12/17/04 0.00 104.49
200179 CK 1/12/05 Þ8~PR~-EPAMINONDAS 07-04 039342 VO 1350217-3 12/14/04 0.00 38.06
Check Total 142.55
200180 CK 1/12/05 ~1t:1~<¡jCK TECHNOLOGIES,INC, 07-04 039683 VO 20041294 12/21/04 0,00 1,987.99
200181 CK 1/12/05 ~t:1~08~oup 07-04 07-04 039479 VO 28510 10/20/04 0.00 1,705.00
200181 CI< 1/12/05 ~t:1~08~oup 07-04 07-04 039584 AD 28510 12/20/04 0.00 -1,705.00
200181 CK 1/'12/05 ~t:1~08~oup 07-04 07-04 039585 VO 28510 12/20/04 0.00 795.00
Check Total 795.00
200182 CK 1/12/05 ~8BB~~K-KEITH 07-04 039413 VO 1570033-0.1 12/16/04 0,00 19.03
Dale, « esday, January 19, 2005 EastVa( Water District Page: (BOI 17
Time' .JAM Report, 0030.'1'1
Use" KATHY Check Reqister - Standard Company, EVWD
Period: 07.Q4 As of: 1/19/05
Check Check Check Vendor 10 ---.'------- Period Ref Doc Invoice Invoice Discount Amount
Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid
2001B3 CK 1/12/05 ~8ag~1, ANOERSON MALODY & sCOrf7-O4 0395B2 VO 15515 11/30/04 0.00 700.00
2001B3 CK 1/12/05 ~8ag~1, ANDERSON MALODY & SCOTP-04 0395B3 VO 15517 11/30/04 0.00 950.00
Check Tolal 1,650.00
2001B4 CK 1/12/05 ~8~P¿~DIANNA 07-04 039344 VO 191649-B 12/16/04 0.00 16.06
2001B5 CK 1/12/05 ~88ßi£:\ PAVING 07-04 039612 VO 1101-04 12120/04 0.00 3,579.81
200185 CK 1/12/05 ~88ßi£:\ PAVING 07-04 039613 VO 1101-04 12/20/04 0.00 4,103.09
Check Total 7,682.90
200186 CK 1/12/05 ~8~~~lER-LEOLA V 07-04 039414 VO 1615026-1.1 12/14/04 0.00 53.44
2001B7 CK 1/12/05 š~8O01 07-04 039623 VO 86204460105 12/28/04 0.00 17.16
200187 CK 1/12/05 Š~8001 07-04 039680 VO 80642021204 12/22/04 0.00 486.14
Check Total 503.30
200188 CK 1/12/05 Š~e%RNITURE & SYSTEMS, INC 07-04 039581 VO 32485 12/3/04 0.00 2,860.82
200189 CK 1/12/05 Š81:o.á'~PUMP & WELL SERVICE 07-04 07-04 039608 VO 36937 11/30/04 0.00 4,606.11
200190 CK 1/12/05 Š81:~~EDlSON COMPANY 07-04 07-04 039624 VO 22644944281204 1/5105 0.00 61.31
200190 CK 1/12/05 š89?£ItEDISON COMPANY 07-04 07-04 039625 VO 2198573420 11/8/05 0.00 5,054.79
Check Total 5,116.10
200191 CK 1/12/05 ŠÞ8~% WEAR SCREEN PRINTING 07-04 039609 VO 04-556 1217/04 0.00 645.42
200192 CK 1/12105 št~~~h CREDIT PLAN 07-04 039681 VO 603551785001759 12/29/04 0.00 389.61
200193 CK 1/12105 :¡:~Ëo¿ÄC GROUP, INC 07-04 039698 VO 0653 10127/04 0.00 1,470.00
200194 CK 1/12105 ~~Bg%:;ROUND SERVICE ALERT 07-04 07-04 039621 VO 2004120248 111/05 0.00 180.60
200195 CK 1/12/05 ~~I~'Ëb PARCEL SERVICE 07-04 039693 VO 000016XW88015 1/1/05 0.00 30.52
200196 CK 1/12/05 ~Šff?8~ES 07-04 039268 VO 551313-0 12/14/04 0.00 59.48
Dale' « ,esday. January 19. 2005 East Va( - Water District Page' ( 90117
lime' ..OAM
KATHY Check ReQister . Standard Report: ""d30.rpt
Use" Company: EVWD
Period: 07.04 As of: 1/19/05
Check Check Check ~~.--_..__..- Period Ref Doc Invoice Invoice DIscount Amount
Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid
200197 CK 1112105 ~fleWv SUPPLY OF AMERICA 07-04 039610 VO 907379 12110104 0.00 60.03
200198 CK 1112105 ~Ë~~ðN WIRELESS 07.04 039578 VO 1914631512 12/25/04 0.00 124.03
200199 CK 1112105 ~Ë~~ß1AS 07-04 039622 VO WES010705 1f7105 0.00 200.00
200200 CK 1112105 ~I~g~hs WATCHDOG. LLC 07-04 039572 VO 27119 12130104 0.00 224.00
200200 CK 1112105 ~I~g~hs WATCHDOG. LLC 07-04 039580 VO 27060 12122104 0.00 49.60
Check Total 273.60
200201 CK 1112105 ~1!'ßßh OFFICE 07-04 07-04 039707 VO USP011205 1112105 0.00 1,500.00
200202 CK 1113105 ~~~ß~HEAD UNITED WAY 07-04 039777 VO ARR010705 1112105 0.00 47.00
200203 CK 1113105 88~~,.4TRUSTEE 07-04 039778 VO COU010705 1112105 0.00 135.00
200204 CK 1113105 88~~,.4TRUSTEE 07-04 039779 VO COU010705 1/12105 0.00 275.00
200205 CK 1113105 ~~~q¡¡ËRNARDINO CHILD SUPPORT 07-04 039780 VO SAN010705 1/12105 0.00 269.00
200206 CK 1/13/05 ~~~q¡¡ÒNO PUBLIC EMPLOYEES ASSN 07-04 039783 VO SAN010705 1112105 0.00 547.28
200207 CK 1/13105 ~8~eg~TAMI REDPATH 07-04 039781 VO SOW010705 1112105 0.00 250.00
200208 CK 1113105 ~f~g30F CALIFORNIA 07-04 039782 VO STA010705 1112105 0.00 20,360.20
200209 CK 1113105 ~fAA~Ë4STREET BANK & TRUST 07-04 039784 VO STA010705 1112105 0.00 6,734.72
200210 CK 1113105 :¡:~~~R-MARY 07-04 039785 VO TUR010705 1112105 0.00 225.00
2002'11 CK 1119105 ~8~R02 07-04 039834 VO 100902 1110105 0.00 385.00
Dale: {'eSday, January 19, 2005 East va! Water District Page: ( 0 of 17
T;me: AM Report: JO.rpt
User: rHY Check Reç¡ister . Standard Company: EVWD
Period: 07-04 As of: 1/19/05
Check Check Check Y~'!.<1<>'!!!.--_...~-- Pertod Ref Doc Invoice Invoice Discount Amount
Nb, Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid
200212 CK 1/19/05 ~~~~~¿AN GENERAL ENGNEERING 07-04 039742 VO 321232-0 12/3/04 0.00 1,372.83
200213 CK 1/19/05 ~Š8001 07.04 039793 VO ASC0205 12/21/04 0.00 3,831.10
200214 CK 1/19/05 f~l/v~02 07.04 039868 VO 200391318 12/29/04 0.00 2,670.00
200215 CK 1/19/05 B~1OO1s-MARISOL 07.04 039365 VO 1410137-6 12/20/04 0.00 33.08
200216 CK 1119/05 B~~~~ÄS-FRANCISCO 07-04 039743 VO 361008-5 12/23/04 0.00 227.73
200217 CK 1/19/05 B~:WI£N-JOHN W 07-04 039788 VO 41565 12/31/04 0.00 1,758.12
200218 CK 1/19/05 B~ß1'\.iAW-BOYD J 07.04 039869 VO 1211565-1.1 11/5/04 0.00 26.68
200219 CK 1/19/05 BU8B1fENCIA-CORVEL 07-04 039745 VO 1540303-3 12/23/04 0.00 12.76
200220 CK 1/19/05 8~I:WðRNIA WATER ENVIRONMENT 07-04 039904 VO SANTINI 1/18/05 0.00 97.00
200220 CK 1/19/05 8~I:WðRNIA WATER ENVIRONMENT 07-04 039905 VO SIEVERS 1/18/05 0.00 97.00
Check Total 194.00
200221 CK 1/19/05 8~~~ogRESSER & MCKEE INC. 07-04 039789 VO 80191788/5 12/18/04 0.00 59,457.27
200221 CK 1/19/05 8~~~0~RESSER & MCKEE INC. 07-04 039790 VO 8019178616 12/18/04 0.00 6,352.12
Check Total 65,809.39
200222 CK 1/19/05 8~~~~S-BETTY 07-04 039870 VO 530203.6.1 12/16/04 0.00 59.10
200223 CK 1/19/05 8~m~ HOMES 07-04 039366 VO 750148-0 12/20/04 0.00 29.67
200223 CK 1/19/05 8~~~~'k HOMES 07-04 039715 VO 750146-0 12/23/04 0.00 23.00
200223 CK 1/19/05 8~~~~'k HOMES 07-04 039716 VO 750140-0 12/23/04 0.00 24.33
Check Total 77.00
200224 CK 1/19/05 8~~RP-hcH INTERNATIONAL INC 07-04 039802 VO EV313 12/21/04 0.00 5,960.40
200224 CK 1/19/05 8~~RP-fECH INTERNATIONAL INC 07-04 039803 VO EV311 12/15/04 0.00 1,634.04
Check Total 7,594.44
Date' ( esday, January 19, 2005 East Va! Water District Page: ( 10f 17
T;one' ,AM Report: JO,rpl
User: KATHY Check Reqister - Standard Company: EVWD
Period: 07.()4 Þs of: 1/19/05
Check Check Check Vendor 10 u_- ------ Period Ref Doc Invoice Invoice Discount Amount
Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid
200225 CK 1/19/05 Hf~06F HIGHLAND 07-04 039711 VO CIT010505 1/5/05 0.00 50.00
200225 CK 1/19/05 8/W06F HIGHLAND 07-04 039786 VO CIT010605 1/6/05 0.00 12,581.55
Check Total 12,631.55
200226 CK 1/19/05 8~~f<1..MICHAEL 07-04 039367 VO 350180-0 12/20/04 0.00 32.06
200227 CK 1/19/05 88t~ß¡' TRUCK SUPPLY 07.()4 039837 VO 1-336047 1/13/05 0.00 28.58
200228 CK 1/19/05 88~gl(¡'ì.JDATED REPROGRAPHICS 07.()4 039791 VO 712666 12/9/04 0.00 100.00
200229 CK 1/19/05 B~~e8l~H-IMAD 07-04 039368 va 710142-2 12/20/04 0.00 27.48
200230 CK 1/19/05 BË"v~9~s-RHIANNEN K 07-04 039871 VO 912109-3.1 10/29/04 0.00 29.39
200231 CK 1/19/05 ~~Þ!WË OCCUPATIONAL CLINIC 07-04 039934 VO EMP1104 111 0/05 0.00 705.00
200231 CK 1/19/05 Ë~Þ!WË OCCUPATIONAL CLINIC 07-04 039935 VO EMP1204.1 1/10/05 0.00 280.00
Check Total 985.00
200232 CK 1/19/05 ~§,ßI!PÄBCOCK & SONS, INC 07-04 039774 VO AA50618-0791 1/7/05 0.00 180.00
200232 CK 1/19/05 ~§,ßI!PÄBCOCK & SONS, INC 07-04 039775 VO AA5056()..0791 1/6/05 0.00 100.00
200232 CK 1/19/05 ˧,ßI!PÄBCOCK & SONS, INC 07.()4 039776 VO AA50587-o791 1/7/05 0.00 270.00
200232 CK 1/19/05 Ë~BI!PÄBCOCK & SONS, INC 07-04 039936 VO AA50710-0791 111 0/05 0.00 135.00
200232 CK 1/19/05 ˧,ß,/¡o..IBCOCK & SONS, INC 07-04 039937 VO AA50735-0791 1/10/05 0.00 15.00
200232 CK 1/19/05 Ë~B'/¡°ÄBCOCK & SONS, INC 07-04 039938 VO AA50740-0791 111 0105 0.00 120.00
Check Total 820.00
200233 CK 1/19/05 Þ~I~I(í¡EW FORD SALES,INC 07-04 039805 VO 431268 1/11/05 0.00 13.81
200233 CK 1/19/05 Þ~I~I(í¡EW FORD SALES,INC 07-04 039838 VO 431284 1/11105 0.00 439.06
Check Total .452,87
200234 CK 1/19/05 Þ8!:R~-CHAD E 07-04 039750 VO 1450162-1 12/23/04 0.00 13.41
200235 CK 1/19/05 Þ8~~q.J-¡ STREET ROCK CRUSHER 07-04 039839 VO 222402 1/11/05 0.00 1,409.58
200236 CI< 1119105 a~~B'/?ER CONSTRUCTION 07-04 039448 VO 370086-0 12/21/04 0.00 5.89
Da'.; ( 3Sday, January 19, 2005 East va( Water District Page; ( 20f 17
nOle; JAM Report; - ~jO.rpt
U'er; KATHY Check Reqister - Standard Company: EVWD
Period: 07-04 As of: 1/19/05
Chec!, Check Check Vendor 10 Period Ref Doc Invoice Invoice Discount Amount
Nbr Type Dale VendorNam"--u,-",--", To Post Closed Nbr Type Number Date Taken Paid
200236 CK 1/19/05 a~~B~ER CONSTRUCTION 07-04 039726 VO 370004-0 12/23/04 0.00 49.67
200236 CK 1/19/05 a~~B~ER CONSTRUCTION 07-04 039727 VO 370088-0 12/23104 0.00 47.61
200236 CK 1/19/05 8~~BI/1kR CONSTRUCTION 07-04 039914 VO 370083-0.1 12/22/04 0.00 40.00
200236 CK 1/19/05 8~~B~ER CONSTRUCTION 07-04 039915 VO 370085-0.1 12/22/04 0.00 40.00
200236 CK 1/19/05 a~~BI/1kR CONSTRUCTION 07-04 039916 VO 370086-0.1 12/22/04 0.00 40.00
200236 CK 1/19/05 a~~B~ER CONSTRUCTION 07-04 039917 VO 370087-0.1 12/22/04 0.00 40.00
Check Total 263.17
200237 CK 1/19/05 a~~~R ENTERPRISES, INC 07-04 039872 VO 321226-0.1 11/19/04 0.00 37.42
200238 CK 1/19/05 a~~ß?~E PARTS COMPANY 07.04 039806 VO 859385 1/12/05 2.33 114.16
200238 CK 1/19/05 a~~ß?~E PARTS COMPANY 07-04 039807 VO 858601 1/5/05 0.32 15.81
200238 CK 1/19/05 8~~ß?~E PARTS COMPANY 07-04 039808 VO 859288 1/11/05 2.95 144.65
200238 CK 1/19/05 8~~ß?~E PARTS COMPANY 07-04 039840 VO 859540 1/13/05 0.25 12.37
Check Total 286.99
200239 CK 1/19/05 88~g~1...DONNA 07-04 039873 VO 1540299-2.1 11/15/04 0.00 55.50
200240 CK 1/19/05 8~~~%UNSHTNE 07-04 039874 VO 81366-5.1 11/19/04 0.00 38.96
200241 CK 1/19/05 ~~8?~¿ COMPUTER BASED TRAINING 07-04 039835 VO 20383 1/5/05 0.00 49.00
200242 CK 1/19/05 ~~~BY:1kSON" ROCH ELLE 07-04 039875 VO 1320121-6.1 12/3/04 0.00 51.44
200243 CK 1/19/05 ~8~ßRiAN SOUTHWEST/ PRO PIPE 07-04 039714 VO C51747 12/29/04 0.00 1,605.00
200244 CK 1/19/05 ~8~B~E-DEIETRA 07-04 039449 VO 1020137-6 12/21/04 0.00 35.14
200245 CK 1/19/05 ~~~08¿NSTRUCTION SPECIALTIES 07-04 039899 VO P11003014 1/10/05 0.00 938.78
200246 CK 1/19/05 18~R01 07-04 039939 VO ICW011305 1/13/05 0.00 275.00
200247 CK 1/19/05 I~ÞR?::;- PRINTING & GRAPHICS INC 07-04 039708 VO 9667 12/22/04 0.00 2,460.92
Da'e: (aSday. January 19. 2005 East vat...- Water Distrjct Page: (J of 17
T;mc: 1 .,ùAM Report: "o30.rpt
Usee KATHY Check Reqister . Standard Company: EVWD
Period: 07-04 As of: 1/19/05
Check Check Check Vendor ID -.-- . ---" -- Period Ref Doc Invoice Invoice Discount Amount
Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid
200248 CK 1/19/05 I~~t¡jb WATER WORKS SUPPLY CO 07-04 039841 VO 147867 1/10/05 14.27 699.04
200248 CK 1/19/05 I~~t¡jb WATER WORKS SUPPLY CO 07-04 039842 VO 147866 1/10/05 15.35 752.37
200248 CK 1/19105 I~~t¡jb WATER WORKS SUPPLY CO 07-04 039903 VO 148065 1/14/05 3.92 192.19
Check Total 1,643.60
200249 CI< '1/19/05 ~8~ß~bN MACHINERY CO 07-04 039794 VO SW030054141 12/19/04 0.00 3.769.19
200250 CK 1/19/05 ~8~ß'!PON-IVAN T 07-04 039876 VO 510117-2.1 1112/04 0.00 56.24
200251 CK 1/19/05 ~8~~~ELVIA 07-04 039877 VO 1050515-6.1 1217/04 0.00 49.30
200252 CK 1/19/05 ~8~ß~CLEANERS 07-04 039849 VO 135298 1/13/05 0.00 3.96
200252 CK 1/19/05 ~8~ß~CLEANERS 07-04 039867 VO 135257 1/12/05 0.00 5.94
200252 CK 1/19105 ~8~ß~CLEANERS 07-04 039921 VO 135468 1/15/05 0.00 3.96
Check Total 13.86
200253 C!( 1/19/05 ~~!jD~EEMAN CO., INC 07-04 039796 VO 287064-0 1/11/05 0.00 22.05
200253 CK 1/19/05 ~~~EEMAN CO., tNC 07-04 039797 VO 287701-0 1/6/05 0.00 12.55
200253 CK 1/19/05 ~~!jD~EEMAN CO., INC 07-04 039798 VO 287839-0 1m05 0.00 13.84
200253 CK 1/19/05 ~~~EEMAN CO., INC 07-04 039799 VO 287139-0 1/11/05 0.00 22.05
200253 CK 1/19/05 ~~~EEMAN CO., INC 07-04 039800 VO 287701-1 1/10/05 0.00 24.74
Check Total 95.23
200254 CK 1/19/05 ~~:¡:~O~NDSCAPING 07-04 039773 vo 46012/04 1/3/05 0.00 8.350.00
200255 CK 1/19/05 ~~<¡9IiJMBING CO 07-04 039792 VO 9785 12/28104 0.00 67,830.75
200256 CK 1/19/05 IU2btiSELLA 07-04 039450 VO '1150137-1 12/21/04 0.00 35.65
200257 CK 1/19/05 t~Þ~?ÓGE-SHRONA S 07-04 039878 VO 1441666-7.1 11/22/04 0.00 37.74
200258 CK 1/19105 t8~2Rt,ANDER 07-04 039879 VO 361024-5.1 12/14/04 0.00 200.81
Dale: ( esday. January 19. 2005 East va( Water Distrjct Page: (40117
Time: JAM Report: _"30.rpt
User: KATHY Check ReQister - Standard Company: EVWD
Period: 07-04 As of: 1/19/05
Check Check Check Vendor ~ ---- --..-- Portod Ref Doc Invoice Invoico Discount Amount
Nbr Type Date Vendor Name To Post Closed Nbr Type Number Oato Takon Paid
200259 CK 1/19/05 I:S&Cgo¿HRISTMAS TREES 07-04 039818 VO 1335.26 1/7/05 0.00 1.335.26
200260 CK 1/19/05 ~~~M- TIFFANY D 07-04 039761 VO 542611-2 12/23/04 0.00 17.02
200261 CK 1/19/05 ~~H~lw BENDER & CO INC. 07-04 039929 VO 1486501001 12/31/04 0.00 895.83
200262 CI< 1/19/05 ~8'}..q~ÖREWS & BOYO 07-04 039943 VO 122304 12/31/04 0.00 6,747.42
200263 CK 1/19/05 ~8<tB~ÖMETER INC 07.{)4 039850 VO 276997 12/31/04 0.00 212.69
200264 CK 1/19/05 ~8~H~Y-MICHELLE Y 07-04 039882 VO 1443011-6.1 12/16/04 0.00 63.70
200265 CI< 1/19/05 ~ffi~1uAN 07-04 039880 VO 620035-3.1 11/17104 0.00 75.61
200265 CK 1/19/05 ~HR~1UAN 07-04 039881 VO 620032-8.1 11/17/04 0.00 69.80
Check Total 145.41
200266 CK 1119/05 ~II:ß'i}EDZKI-JACEK 07-04 039712 VO MIL011105 1/11/05 0.00 1,440.00
200267 CK 1/19/05 ~HßC¡;;MP TECHNOLOGIES. INC. 07.{)4 039932 VO 2004632 11/22/04 0.00 1,125.00
200267 CK 1/19/05 ~HßC¡;;MP TECHNOLOGIES, INC. 07-04 039933 VO 2005003 1/6105 0.00 1,260.00
Check Total 2,385,00
200268 CK 1/19/05 ~8~~trAMERICAN RESIDENTIAL 07-04 039369 VO 1533047-0 12/20/04 0.00 2.97
200268 CK 1119/05 ~8~~~3AMERICAN RESIDENTIAL 07.{)4 039740 VO 321189-0 12/3/04 0.00 2,945.33
Check Total 2,948.30
200269 Cl( 1/19105 8~~g~}"'JOSEPHINE M 07.{)4 039451 VO 1020037-0 12/21/04 0,00 39.94
200270 CK 1/19/05 Þ~8I!&CO"'VICTOR 07.{)4 039884 VO 720019-4.1 11/19/04 0,00 32.60
200271 CK 1/19/05 þlj:~~UM PLUS FOR BUSINESS 07-04 039922 VO FRED 1/2005 1/10/05 0.00 30.00
200271 CK 1/19/05 þ~~UM PLUS FOR BUSINESS 07-04 039923 VO RON 1/10/05 0.00 30.00
Check Total 60.00
200272 Cl( 1/19/05 þ~~¡;'1~R CONSTRUCTION 07-04 039885 VO 321158-0.1 1217/04 0.00 74.50
Date: « esday, January 19, 2005 East Vat - Water District Page: (50117
T;me: .,ùAM Report: ùò30.rpl
User KATHY Check ReQister - Standard Company: EVWD
Period: 07-04 As of: 1/19/05
Check Check Check Vendor!!L~- '-"-" Period Ref Doc Invoice Invo;c. Discount Amount
Nbr Type Date Vendor Name To Post Closed Nbr Typ. Number Date Taken Paid
200273 CK 1/19/05 ~~~ßMi. ADAM VICKERY 07-04 039710 VO PRO010405 1/4/05 0.00 885.00
200274 CK 1/19/05 8W~g~1 07-04 039924 VO 645406965 1/7/05 0.00 28.95
200274 CK 1/19/05 8W~g~1 07-04 039925 VO 645107017 1/7/05 0.00 26.08
200274 CK 1/19/05 8W~g~1 07-04 039926 VO 645407019 1/7/05 0.00 4.56
Check Total 59.59
200275 CK 1/19/05 ~B~~~ONSTRUCTION CO INC. 07-04 039886 VO 321175-1.1 1219/04 0.00 229.61
200276 CK 1/19/05 ~~þß<¡;1o DEPT CITY OF S B 07-04 039895 VO 511650514819 1/12105 0.00 111.00
200276 CK 1/19/05 ~~Þß<¡;10 DEPT CITY OF S B 07-04 039896 VO 508228514223 1/12105 0.00 101,00
200276 CK 1/19/05 ~~Þß<¡;10 DEPT CITY OF S B 07-04 039897 VO 508228512617 1/12105 0,00 1,227.62
200276 CK 1/19/05 ~~Þß<¡;10 DEPT CITY OF S B 07-04 039898 VO 505804511735 1/12105 0.00 101.00
Check Total 1,540.62
200277 CK 1/19/05 §~~ifðNO AREA CHAMBER OF 07-04 039891 VO SAN011305 1113105 0.00 30.00
200278 CI< 1/19/05 §~~mRNARDINO VALLEY WATER 07-04 039836 VO SAN011205 1/12105 0.00 72,265.69
200279 CK 1/19/05 §~iJ?~RNARDINO COUNTY RECORDE 07-04 039940 VO SAN011405 1/14/05 0.00 216.00
200280 CK 1/19/05 §1~~1tNS-CYNTHIA D 07-04 039370 VO 830149-4 12120/04 0,00 40.86
200281 CK 1/19/05 ß~&~ SMITH 07-04 039769 VO 1550806-10 12123/04 0.00 952.94
200282 CK 1/19/05 §8<e>~EDIS0N COMPANY 07-04 039893 VO 22343809621204 1/12/05 0,00 2,009.85
200282 CK 1/19/05 §8<e>~EDISON COMPANY 07-04 039894 VO 22070486791204 1/13/05 0.00 11,724.03
200282 CK 1/19/05 §8'tD2~EDISON COMPANY 07.04 039901 VO 22578937501204 1/7/05 0.00 1,662.54
200282 CK 1/19/05 §8<e>.R~EDISON COMPANY 07-04 039902 VO 20775946951204 1/13/05 0.00 95,034.50
Check Total 110,431.22
200283 CK 1/19/05 §Þ8ß% WEAR SCREEN PRINTING 07-04 039944 VO 0!>-583 1/5105 0.00 451.47
Da'" '( "day, January 19, 2005 East Vale Nater Distrjct Page: ( ' of 17
Time: AM Report: ,ù.rpt
U,er: KATHY Check ReQister - Standard Company: EVWD
Period; 07-()4 As of; 1/19/05
Check Check Check VendortO_~.__..._..m Period Ref Doc Invoice Invoice Discount Amount
Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid
200284 CK 1/19/05 št~9~IBOARD OF EQUALIZATION 07-04 039709 VO 44-020681 1/12105 0.00 411.12
200285 CK 1/19/05 št~ß~ARD REGISTER 07-04 039690 VO 5037227 11/2104 0,00 369.50
200286 CK 1/19105 Š:¡:~ß1.JGHOLD ENGINEERING 07-04 039887 VO 321224-0.1 11/4/04 0.00 64.73
200287 CK 1/19/05 Š:¡:~~c¡j1VAN-GARY 07-04 039787 VO STUO11205 1/12105 0,00 37,13
200288 CK 1/19/05 :¡:~IR"Ä)¡K PACIFIC HOMES 07-04 039919 VO 1450190-0,1 12/20/04 0.00 51,83
200289 CK 1/19/05 :¡:~8~RIDGE-GREG 07-04 039772 VO 361012-7 12123/04 0.00 27.45
200290 CK 1/19/05 ~~I~'Ëb PARCEL SERVICE 07-04 039713 VO 000016XW88025 1/6/05 0,00 16.00
200291 CK 1/19/05 ~ŠttP8~ES 07-04 039371 VO 551315-0 12120/04 0.00 51.31
200292 CK 1/19/05 t~ßc¡JEZ-REYNALOO 07-04 039888 VO 730096-3.1 11/24/04 0,00 82.90
200293 CK 1/19/05 t~~P2ðN 07-04 039892 VO 16756571204 1/1/05 0.00 45.47
200293 CK 1/19/05 t~~EP~N 07-04 039941 VO 18200920105 1/4/05 0.00 45,65
200293 CK 1/19/05 t~~EP~N 07-04 039942 VO 18140230105 1/7/05 0.00 42,67
Check Total 133,79
200294 CI( 1/19/05 tll:!1?RAFAEL 07-04 039372 VO 920040-0 12120/04 0.00 41.82
200295 CK 1/19/05 ~~fIPhNITARY SUPPLY 07-04 039900 VO 67485236 1/7/05 0,00 446,09
200296 CK 1/19/05 ~~Š~~~N MUNICIPAL WATER OISTRI 07-04 039801 VO 16629 1/11/05 0.00 2,400,00
200297 CI( 1/19/05 ~~š~IlI~N TECH SERVICE 07-04 039795 VO 3415 9/3/04 0.00 491.60
200298 CK 1/19/05 ~I~~~hs WATCHDOG, LLC 07-04 039945 VO 26957 12116/04 0.00 35,00
Date: ( tesday, January 19, 2005 East vA.. Water District Page: ( 20117
Time: ,JAM Report:
KATHY Check ReQister - Standard - _,,30.rpt
Usee: Company: EVWD
Period: 07-04 As of: 1/19105
Check Check Check \!.ndorID~. -.--.-- Pertod Ref Doc Involc. Invoice Discount Amount
Nbr Type Date Vendor Name To Post Closed Nbr Type Number Date Taken Paid
200128 CK 1/12/05 8~B~ON-CANDELARIA 07-04 039306 VO 420238-4 12/14/04 0.00 30.32
200129 CK 1/'12/05 m1ß~~S-BETTY 07-04 039307 VO 530203-6 12/14/04 0.00 13.04
200130 CK 1/12/05 88~9~boRPaRATEO 07-04 039575 VO 7861544 12/21/04 0.00 179.32
200131 CK 1/12/05 8~~9~x HOMES 07-04 039252 VO 750149-0 12/16/04 0.00 35.00
200132 CK 1/12/05 8~~eWbN U.S.A. 07-04 039576 VO 7898688077412 12/23/04 0.00 307.14
200133 CK 1/12/05 8~~~&EARCH 07-04 039563 VO 076618 12/20/04 0.00 377.02
200134 CK 1/12/05 8~~~~hcH INTERNATIONAL INC 07-04 07-04 039601 VO EV312 12/21/04 0.00 975.12
200135 CK 1/12/05 81WOÒF HIGHLAND 07-04 039586 VO CIT010605 1/6/05 0.00 75.00
200136 CK 1/12/05 8I:Iß~~JRO L UTLEY 07-04 039564 VO 0080214 12/21104 0.00 50.00
200136 CK 1/12/05 8I:IßWIJRD L UTLEY 07-04 039565 VO 0080215 12/21/04 0.00 210.00
200136 CK 1/12/05 8I:IßWbRD L UTLEY 07-04 039566 VO 0080216 12/21104 0.00 90.00
Check Total 350.00
200137 CI< 1/12/05 B~~P?]TERRY A 07-04 039406 va 1640031-1.1 12/17/04 0.00 49.80
200138 CK 1/12/05 BIBqp~AFE & LOCK SERVICE 07-04 039675 VO 114834 10/19/04 0.00 10.34
200138 CK 1/12/05 BIBqp~AFE & LOCK SERVICE 07-04 039696 VO 115568 11/3/04 0.00 3,975.73
Check Total 3,986.07
200139 CK 1/12/05 b~~ÄN, INC. 07-04 039579 VO 3654 12/04 1/3/05 0.00 6,494.28
200140 CK 1/12/05 ~~BgWs SECURITY & 07-04 039593 VO END 12/04 1/4/05 0.00 6,403.17
200140 CK 1/12/05 ~~Bg~\; SECURITY & 07-04 039594 VO END 12/04 TP 1/4/05 0.00 6,891.42
Check Total 13,294.59
200141 CK 1/12105 ~1,ß'/PÀBCOCK & SONS, INC 07-04 07-04 039615 va AA50232-0791 1/4/05 0.00 120.00
( EAST VALLEY ( ER DISTRICT (
Government Treasnry! Agency Bonds Held
Qu;".!er Ended December 31,1004
Activity (ßo~k yalne)
Market
I'urch Face Maturity Matured! Value
Oa'e Issuer CUSIP ~ ~ ~ 10/1/2004 Purchases Called 12/31/2004 12131/2004
0~/24/03 Federal!!ome Loan Bank 3133MUJSS 2.12S% 121IS/O4 SO,486.50 SO,486.S0
10/29/03 US Treasury No'e 912828AV2 I.Soo% 1O0,Ooo 02l28/0S loo,093.75 1O0,093.7S 99,930.00
10/31/03 Fede~11 Fanll Credit Bk 31331LSN9 3.6SO';' 10/22/04 2S,SOO.00 25,SOO.oo
11/04/03 US Treasury Note 912828AM2 2.12S% 10/31/04 100,921.88 100,921.88
11/05/03 Federal Fanll Credit Bk 3133ITJQS 1.700% loo,OOO OS/OS/OS 100,093.7S 100,093.75 99,719.00
11106/03 Federal Fanll Credit I3k 3133ITJQS l.7oo% loo,OOO 05/05/05 100,125.00 1O0,125.oo 99,719.00
11106/03 US Treasury Note 91 2828AS9 1.62S% loo,Ooo 01131/0S 100,250.00 100,250.00 99,984.00
11/07103 US Treasury No'e 912828ARI 1.750% 12/31/04 100,406.25 100,406.2S
11/10/03 US Treasury No'e 912828AS9 1.625% loo,OOO 01/31/05 100,093.75 loo,093.7S 99,984.oo
11112/03 US Treasury Note 912828BE9 1.500% loo,OOO 07/31/05 99,406.2S 99,406.25 99,387.00
11/24/03 Fede",1 Home Loan Bank 3133X2CAI 1.810';' 100,000 OS/24/05 100,000.00 1O0,ooO.00 99,7S0.00
12/02/03 US Treasury Note 91 2828AS9 1.62S% 100,000 01/31105 100,156.25 loo,156.2S 99,984.oo
12/02/03 US Treasnry Note 912828AWO 1.62S% loo,ooO 03/31105 tOO,062.50 !oo,062.50 99,844.oo
12/23/03 Federal Home Loan Bank 3133X2S63 2.000'/. 12123/0S SO,OOO.OO SO,ooO.OO
01/05/04 US Tleasury Note 912828BE9 !.5oo% loo,OOO 07/31/0S 99,843.75 99,843.75 99,387.oo
01/22/04 Fedeurl Faml Ccedit Bank 31331QSL7 1.6oo% loo,ooO 07/29/05 100,076.00 1O0,076.oo 99,344.00
02/11/04 Fedeurl Fanll Credi' Bk 31331QR74 1.8oo% loo,Ooo 09/19/05 99,968.75 99,968.75 99,281.oo
02/19/04 Federal Home Loan Bank 3133X3N74 1.7oo% 100,000 08/19/0S 1O0,000.oo loo,ooO.OO 99,344.00
02/26/04 Federal 110m. Loan Bank 3133X3W90 1.800';' 1O0,Ooo 08/26/0S loo,ooO.OO 100,000.00 99,375.00
03/04/04 US Treasury Note 912828BL3 1.62S% 1O0,Ooo 09/30/0S loo,203.13 100,203.13 99,262.00
03/16/04 Federal Home Loan Bank 3133X4HRS 1.700';' 100,000 09116/05 100,ooO.oo loo,OOO.OO 99,219.00
03/23/04 FedwII Home Loan Bank 3133X4JZS 1.750';' 100,000 09/23/0S 100,000.00 100,000.00 99,219.oo
03/2)/04 Fedeml Hurne Loan Bank 3 I 33X4M24 2.020';' loo,ooO 03/23/06 oo,OOO.OO 100,000.00 98.7S0.00
( EAST VALLEY ( ER DISTRICT (
Government Treasury / Agency Bonds Held
Qu:lrter Ended December 31,2004
¡\.ctivi,y{B9.~'Valué)
Market
P",'eI, Face Maturity Matured/ Value
~ Issuer CUSIP ~ ~ ~ 10/1/2004 Purchases Called 12/31/2004 12/31/2004
03123/04 Fedcrul Ilome Loan Bank 31J3X4UF6 1.410% 100,000 03123/05 100,000.00 100,000.00 99,750.00
04/01/04 Fede,~llIome Loan Bank 3 tJ3X5U55 1.660"10 100,000 12/01/05 100,000.00 100,000.00 98,406.00
04/0S/04 Fedeml rallll Credit Bank 3133ITYYI 1.700% 100,000 04/05/06 100,000.00 100,000.00 98,313.00
04/07/04 Fede",! I lome Loan Bank 3133X5CM 1.625% 100,000 04/07/06 100,000.00 100,000.00 99,531.00
04112/04 Fede,,1 ,Iome Lnan Bank 3133X5FQ6 1.750% 200,000 01112/06 200,000.00 200,000.00 197,438.00
O.I!12/04 Fed",,' 'Iome Loan Bank 3 tJ3X5190 1.750% 100,000 01/12/06 100,000.00 100,000.00 98,719.00
04/12/04 Fede,"1 lIome Loan Bank 3133X5KCI 1.550"10 100,000 10112/05 100,000.00 100,000.00 99,000.00
04/1.1/1)4 Fede",! Home Loan Bank 3133X5L22 1.750"10 100,000 01113/06 100,000.00 100,000.00 98,719.00
04/iJ1O4 LIS Trea,nry Note 91 2828BN9 1.625% 100,000 10/31/05 100,000.00 100,000.00 99,145.00
04/14104 US T,'ca,ury Note 912828BS8 1.875% 100,000 11/30105 100,218.75 100,218.75 99,219.00
04115104 Fede",' Fall" Credit Bank 3tJ31TNV9 2.050"/. 50,000 t2/22/05 49,950.00 49,950.00 49,484.50
04/21104 Fede,,1 Fall" Credit Dank 31331TNV9 2.050% 100,000 12/22/05 100,000.00 100,000.00 98,969.00
0412J/O4 Fcde,~1 Home Loan Dank 3133X5TG3 1.850% 100,000 01/23/06 100,000.00 100,000.00 98,219.00
04/26/04 Fede,"' II00ne Loan Bank 313JX6RF5 1.600"/. 100,000 OS/26/05 100,000.00 100,000.00 99,656.00
04/30/04 Fedm' 'Iome Lnan Bank 3 I 33X5ZS0 1.950";" 100,000 10/28/05 100,000.00 tOO,OOO.OO 99,219.00
04/30/04 LIS Treasnry Note 912828BC3 1.125% 100,000 06/30/05 99,328.13 99,328.13 99,328.00
US/'O/04 Fedeml Fall11 Credit Bank 31331TK59 2.200% 25,000 11110/05 25,000.00 25,000.00 24,843.75
05127/U4 Fedcrul Home Loan Bank JI33X6ZS8 1.845% 100,000 OS/27/05 100,000.00 100,000.00 99,719.00
U6/JUIU4 fedeml 1I0ille Loan Bank JtJJX7MB4 2.720% 100,000 12/JOI05 100,000.00 100,000.00 99,563.00
Avernge Yield 1.808%
3,675,000 -- '1,0Q2,184,39 327,314.63 3,674,869~76 3,648,723.25
Date;
Time;
User;
# ..day. January 19. 2005
~.."AM
I<ATHY
East vaL- Water District
Check ReClister - Standard
Period: 07-04 As of: 1/19/05
Page: (, of 17
Report; "030.rpt
Company; EVWD
Check
Nbr
Amount
Paid
Check Check
Type Date
Vendor ID
VendorName.----~--_.
Pertod
To Post Closed
Doc
Type
Invoice
Number
Invoice
Date
Discount
Taken
Check Count.
557,996.87
182
et>..eckTYJ'-"..
Regular
Hand
Void
Stub
Zero
Mask
Total:
Ref
Nbr
Count
-.----
181
0
0
0
1
0
182
Amount Paid
557.996.87
0.00
0.00
0.00
0.00
0.00
557,996.87
Acct Sub Total:
Company Disc Total
557,996.87
57.71
Company Tota'
)
EAST VALLEY WATER DISTRICT
INVESTMENT REPORT
QUARTER ENDED
December 31,2004
Funds Purchue Maturity Interest Face Book Market Source of
Managed By Date Date Rate Value Value Value Valuation
District N/A N/A N/A 750.00 750.00 750.00 N/A
District NIA N/A N/A 1,000.00 1,000.00 I , 000 . 00 N/A
District NIA N/A N/A 258,745.36 258,745.36 258,745.36 N/A
State of Cali fomi a N/A N/A 2.000% 5,610,169.34 5,610,169.34 5,610,169.34 LAIF
CBB Wealth Mgt See Attached 3,675,000.00 3,674,869.76 3,648,723.25 Interactive Data
CBB Wealth Mgt N/A N/A 1.510% 885,733.27 885,733.27 885,733.27 N/A
Union Bank Various Various 1.690% 91,967.52 91,967.52 91,967.52 Union Bank
Union Bank Various Various 1.690% 77,648.97 77,648.97 77,648.97 Union Bank
CBB Wealth Mgt NIA N/A 1.690% 10,000,000.00 10,000,000.00 10,000,000.00
20,601,014.46 20,600,884.22 20,574,737.71
funds Held by EVWD
Cashiers change fund
Petty cash
Checking account
Citizens Business Bank
funds Held by E"WD tinder Management of an Outside Party
Local Agency Investment Fund (LAIF)(Yield)
Citizens Business Bank
US Treasury I Agency Bonds
CBB Money Market Fund
Certificates ofPart/clpation (Refunding Issue 2001)
Installment Payment Fund Blackrock Provident Institutional Funds
Certificates of Participation (Refunding Issue 1996)
Installment Payment Fund Blackrock Provident Institutional Funds
)
2004 Installment Purchase Agreement
Construction Funds
Blackrock Treasury Trust Funds
Total Cash and Investments
SUMMARY
Cash
LAIF
Treasury Securities
Treasury Funds
Total Cash and Investments
Less: Loan proceeds restricted for Construction
Less: Funds restricted for COP debt service
Less: Funds designated for emergency reserve
Total Unrestricted Cash and Investments
Book Value --~ketValu¡' "I.
260,495.36 260,495.36 1.27%
5,610,169.34 5,610,169.34 27.27%
3,674,869.76 3,648,723.25 17.73%
11,055,349.76 11,055,349.76 53,73%
20,600,884.22 20,574,737.71 100,00%
(10,000,000.00) (10,000,000.00) -48,60%
(169,616.49) (169,616.49) .0.82%
(2,192,925.00) (2,192,925.00) -10,66%
8,238,342.73 8,212,196.22 39.92%
)
I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code See. 53646 as amended 1/1/96. This report is also in conformity with the
investment policy of East Valley Water District. As Treasurer of East Valley Water District, I hereby certify that sufficient investment liquidity and anticipated revenue are available to meet the
next six month's estimated expenditures.
~~L
I~ØS
Date
....,
TOM DODSON & ASSOCIATES
2150 N. ARROWHEAD AVENUE
SAN BERNARDINO, CA 92405
TEL (909) 882-3612 . FAX (909) 882-7015
E-MAIL tda@tstonramp.com
-----, ~
.~~
-~
. 1~:"/' .
December 2, 2004
Mr. Robert Martin, General Manager
East Valley Water District
3654 E. Highland Avenue, Suite 18
Highland, CA 92346
Subject
East Valley Water District's (EVWD) Well 27 Water Treatment Project (SCH #20041 01 043)
Dear Mr. Martin:
The public comment period on the proposed Negative Declaration closed on November 10,2004. No
adverse comments were received. Therefore, it is our recommendation that a Negative Declaration
is the appropriate CEQA determination for this project. If District staff concurs, it should provide the
Board with the following data in the Staff Report.
......
An Initial Study that meets current CEQA requirements was prepared for this project. Based on data
provided in the Initial Study, it was determined that potential impacts to the environment were either
non-significant or can be reduced to less than significant levels through implementation of the
mitigation measures provided in the Initial Study. The Initial Study and proposed Negative Declaration
were circulated for public review and comment in a manner prescribed by CEQA, including the State
Clearinghouse. The public review and comment period ended on November 10, 2004. One '::ornment
letter was received from the Native American Heritage Commission (NAHC). This Jetter identified
actions the NAHC recommends to support the conclusion that no impact to cultural resources would
result. The letter also recommended that the San Manuel Band of Mission Indians (SMBMI) be
contacted to discuss the project. A response to the comments was prepared which explains why the
evaluation and mitigation provided in the Initial Study is adequate to support the CEQA findings forthis
project.
The District met with representatives of 5MBMI at the site. The representatives did not express
concern for the project's potential affect on cultural resources but did request notification of construc-
tion schedules so that a representative could be present during excavations at the site. EVWD has
agreed to this request and no further mitigation is required. No new issues that were not evaluated
in the Initial Study were raised. A response to the 5MBMI comment letter is attached to the Initial
Study.
Because no impacts to biological resources were identified in the Initial Study, it is appropriate to adopt
,...., a De Minimus Impact Finding for the project. If staff concurs, its recommendation to the Board shall
be to:
Mr. Robert Martin
December 2,2004
Page 2
........
Adopt the Negative Declaration; Adopt the Mitigation Monitoring and Reporting
Program; adopt a De Minimus Impact Finding; and File the Notice of
Determination and Certificate of Fee Exemption with the County of San
Bernardino Clerk of the Board of Supervisors and the State Office of Planning
and Research, State Clearinghouse.
Enclosed are the following:
One (1) Negative Declaration
Fifteen (15) copies of the Mitigation Monitoring and Reporting Program
One (1) Certificate of Fee Exemption
Two (2) Notice of Determinations
Fifteen (15) copies of the Initial Study
Posting of the Notice of Determination and Certificate of Fee Exemption with the County requires the
District to pay a $35.00 administrative handling fee to the County. These should be filed within one
week of the Board action.
Thank you for allowing Tom Dodson & Associates to assist you with this project and should you have
any questions or comments, please call.
........
s:"œ.e:~
å
Vice President
BG/cmc
Csp04/1202BG1 (EV-O70)
...,
~
Initial Study
for the
East Valley Water District
Well 27 Water Treatment Project
Prepared by:
-.,
EASTVALLEVWATER DISTRICT
3654 East Highland Avenue, Suite 18
Highland, California 92346
(909) 888-8986
Preparation assistance by:
TOM DODSON & ASSOCIATES
2150 N. Arrowhead Avenue
San Bernardino, California 92405
(909) 882-3612
OCTOBER 2004
ow
~
East Valley Water District
Well 27 Water Treatment Project
INITIAL STUDY
TABLE OF CONTENTS
PROJECT DESCRIPTION """"""""""""""""""""""'"
Introduction.........................................."""""
Location..............................................""""
EnvironmentaISetting....................................""""
Project Characteristics """"""""""""""""""""'"
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED.. ....... ... """""
DETERMINATION """""""""""""""""""""""""'"
ENVIRONMENTAL CHECKLIST """""""""""""""""""""
..,
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
XIV.
XV.
XVI.
XVII.
Aesthetics """"""""""""""""""""""""'"
AgriculturaIResources................................."""'"
Air Quality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Biological Resources """"""""""""""""""""'"
Cultural Resources """"""""""""""""""""""
Geology and Soils """""""""""""""""""""'"
Hazards and Hazardous Materials """"""""""""" .......
HydrologyandWaterQuality..............................."""
Land Use and Planning """""""""""""""""""'"
MineraIResources......................................""'"
Noise...................................................... .
Population and Housing.................................. ""'"
Public Services """"""""""""""""""""""'"
Recreation............................................""'"
Transportation/Traffic """""""""""""""""""""
UtilitiesandServiceSystems..............................."""
Mandatory Findings of Significance '" .,..... """"'" "" ... ""
MITIGATION MEASURES """"""""""""""""""""""'"
REFERENCES .""""""""""""""""""""""""""'"
w
3
4
5
5
6
7
10
11
12
14
16
18
18
19
21
21
22
23
25
26
27
28
EV.070/In,'a' Study/1 00404
-ii-
TOM DODSON & ASSOCIATES
"'"
~
ow
East Valley Water District
Well 27 Water Treatment Project
INITIAL STUDY
Figure 1
Figure 2
Figure 3
LIST OF FIGURES
RegìonaILocation............................................
Vicinity Map """""""""""""""",""""""'"
Site Photographs ...........................................,
29
30
31
EV-O701l',;a' StudyI100.0.
-iii-
TOM DODSON & ASSOCIATES
""'"
East Valley Water District
Well 27 Water Treatment Project
INITIAL STUDY
PROJECT DESCRIPTION:
Introduction
East Valley Water District (EV'ND or District) is a public agency formed to provide domestic water
services to customers in the easterly portion ofthe City of San Bernardino, the City of Highland and
some adjacent, unincorporated areas of the County of San Bernardino. The District is governed
by a Board of Directors (Board) comprised of five members elected at large from within the District.
It is the District's responsibility to provide safe, reliable source of potable water to its customers.
One of the District's facilities, Well 27 has produced water that contains higher than allowable
concentrations of nitrates and potentially perchlorate. Well 27 was developed into a domestic water
well by East San Bernardino County Water District now known as East Valley Water District. At
this time, EV'ND is proposing to install nitrate and perchlorate removal systems, rehabilitating
existing or installing new equipment (tanks, pumps, motors, pipelines, etc.). The purpose of this
project is to remove nitrates and perchlorate from water produced at Well 27 to provide water that
meets current and anticipated future drinking water standards.
Location
""'"
Well 27 is located on the south side of Marshall Boulevard about 1 ,600 feet easterly of Del Rosa
Avenue and about 875 feet westerly of Sterling Avenue in an unincorporated area adjacent to the
cities of San Bernardino and Highland known as Del Rosa. The project site is within the grant
boundaries of a rancho and was not included within the area covered by government survey. The
Well 27 site would be located within the Northeast 1/4 of Section 25 T1 N, R4W SBM projected into
the rancho. The site is included within the land shown on USGS Harrison Mountain Quadrangle,
7.5 Minute Series topographic. Figure 1 is the Regional Location and Figure 2 is a Vicinity Map.
Figure 3 contains site photographs.
Environmental Setting
The Well 27 site has been graded, leveled and developed with water production facilities. The site
is regularly disked or mowed to control weeds. No native habitat or plant species occur on the site.
Well 27 is surrounded by urban development. Residential units exists on ail sides. No native
habitat exists on or near the project site.
Pipelines to connect Well 27 to an existing flood control channel located adjacent to Del Rosa
Avenue and to connect Well 27 to the EV'ND system will be placed in Marshall Boulevard. Figure 3
contains photographs of the site.
Proiect Characterjstics
w
The District is proposing to install two ion exchange wellhead water treatment units at Well 27.
One unit will remove nitrates, the other perchlorate. The project also includes the addition of a
sodium hyperchlorite facility to disinfect water from the well.
EV-070/Io"'" Studyl100404
-1-
TOM DODSON & ASSOCIATES
'W
East Valley Water District
Well 27 Water Treatment Project
INITIAL STUDY
New pipelines and valves will be installed onsite and within Marshall Boulevard. One of the
pipelines will serve as a drain line and will be connected to an existing flood control channel
adjacent to Del Rosa Avenue. The line will periodically discharge water from the well to flood
control channel. Other pipelines will transport water from Well 27 to the existing E\fIND supply
system.
The nitrate and perchlorate removal facilities will have the ability to treat up to about 800 gallons
per minute (gpm) of water. The units are housed in mobile containers that are about 10' x 30' x 9'
high. The nitrate treatment unit will include three 6,500 gallons storage tanks (one for salt and two
for waste brine). The nitrate treatment process will generate about 4 vehicle trips per week to
remove brine wastes and generate about 2 delivery trips per month to supply salt. The perchlorate
treatment process will require about one vehicle trip per month to exchange the resin used in the
treatment process. Under a worst-case situation, these treatment facilities could generate 3 vehicle
trips on a given day if the salt delivery and resin and brine removal activities occur on the same
day. The nitrate laden brine will be disposed of either in the Santa Ana Regional Interceptor (SARI
Line) or possibly another industrial waste disposal facility. The used resin from the perchlorate
treatment facility will be biologically regenerated, disinfected, stored, and eventually returned to the
perchlorate treatment units. This process is a full-scale demonstration project, which will be fully
coordinated and sanctioned by the California Department of Health Services. If the resin cannot
be satisfactorily regenerated, it will be disposed of at a facility designed for such activities. If the
perchlorate treatment process is successful, it will be implemented on a long-term basis.
w
Sodium hyperchioritewill also be used and stored on site to disinfect water. This chemical is similar
to household bleach and will be stored in small quantities (about 100 gallons) onsite.
Implementation of the project may also include some land leveling. Installation of subsurface
facilities (pipelines, valves, etc.) will require excavation and backfilling of trenches, the delivery of
materials and equipment, and maintenance of the facilities by District staff.
Funds to construct these facilities will or have been provided from developer fees and the District's
reserve fund. Implementation of this project requires the Board of Directors (Board) of the E\fIND
to approve the expenditure of the funds to construct and operate the proposed water improve-
ments. While these approvals will not result in any direct effects on the physical environment, it
will provide the mechanism for the activities that could cause physical change to the environment.
Such a decision by the Board is discretionary and considered a "project" under the California
Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378). As such, the Board must
consider the potential impacts tothe environment from approving and implementing this project and
comply with the requirements ofCEQA to make a determination on the significance of the potential
impacts.
Implementation of this project may require the California Department of Health Services (DHS) to
amend EVWD's permit to operate its water system. This document is prepared in such a manner
that DHS and/or other agencies can utilize this document and the Lead Agency's CEQA
determination to make decisions on the project.
--
This concludes the project description. If the Board provides the approval needed, the project will
be implemented as outlined above. The remainder of this Initial Study consists of the most recent
District CEQA Environmental Checklist Form and the substantiation required to support the
EV-O701lnlia' Studyl100404
-2-
TOM DODSON & ASSOCIATES
'-"
East Valley Water District
Well 27 Water Treatment Project
INITIAL STUDY
conclusions presented in this Form. Based on the findings and conclusions of this Initial Study, the
Board has made a preliminary determination that a Mitigated Negative Declaration is the appro-
priate CEQA determination forthis project. A final environmental determination will be made follow-
ing the close of a 30-day comment period. Any comments received on the Initial Study will be
reviewed and considered by the Board when making the final environmental determination. The
Board will make a final decision regarding the appropriate environmental determination for this
proposed project according to CEQA and the State CEQA Guidelines prior to making a decision
on the proposed project. The Environmental Checklist follows.
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving
at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the
following pages.
D Aesthetics D Agriculture Resources D Air Quality
D Biological Resources D Cultural Resources D Geology & Soils
a Hazards & Hazardous Materials a Hydrology & Water Quality D Land Use & Planning
a Mineral Resources a Noise D Population & Housing
a Public Services Q Recreation Q Transportation I Traffic
..., D Utilities & Service Systems D Mandatory Findings of Signiflcance
ow
EV-O701In>i., Sludy/'OO404
-3-
TOM DODSON & ASSOCIATES
""'"
East Valley Water District
Well 27 Water Treatment Project
INITIAL STUDY
DETERMINATION: (To be completed by the Lead Agency)
On the basis of this initial evaluation, the following finding is made:
0
.
0
0
...
0
The proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
Although the proposed project could have a significant effect on the environment, there
will not be a significant effect in this case because revisions in the project have been
made by or agreed to by the project proponent or adequate mitigation has been provided
to reduce potential impacts below a level of significance. A MITIGATED NEGATIVE
DECLARATION will be prepared.
The proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
The proposed project MAY have a 'potentially significant impact" or "potentially
significant unless mitigated" impact on the environment, but at least one effect (1) has
been adequately analyzed in an earlier document pursuantto applicable legal standards,
and (2) has been addressed by mitigation measures based on the earlier analysis as
described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required,
but it may analyze only the effects that remain to be addressed.
Although the proposed project could have a significant effect on the environment,
because all potentially significant effects (a) have been analyzed adequately in an earlier
EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been
avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION,
including revisions or mitigation measures that are imposed upon the proposed project,
nothing further is required.
/~/~ ~
Date
ill Gatlin (signature)
Prepared by Tom Dodson & Associates
~U<
(si~nature)
Robert Martin, General Manager
East Valley Water District
.,
/o1z/4
Date (
-4-
TOM DODSON & ASSOCIATES
EV-070/lnñ'a' Study/1 00404
.....
East Valley Water District
Well 27 Water Treatment Project
INITIAL STUDY
ENVIRONMENTAL CHECKLIST:
P,"o'a",
si,om",o'
'mpa'"
L'.. thao L,.. thao
5i,oi'",o' with 5i,o"",",
Miti",," """""""'" 'mpact
N,
'mpa",
I. AESTHETICS - Would the project:
a. Have a substantial adverse effect on a scenic vista? 0 0 o .
b. substantially damage scenic resources, including but 0 0 o .
not limited to, trees, rock outcroppings, and historic
buildings within a state scenic highway?
c. Substantially degrade the existing visual character or 0 0 o .
quality of the site and its surroundings?
d. Create a new source of substantiai light or glare 0 0 o .
which would adversely affect day or nighttime views
in the area?
SUBSTANTIATION:
'-'
a&c. Well 27 is located within a developed portion of the Highland area of San Bernardino County.
Surrounding uses are residential development with infrastructure. The water treatment equipment,
appurtenant facilities, and any equipment housing structures will occupy less than 0.5 acre and will not
exceed about one-story in height which is similar to existing structures around the site. All above-
ground structures and equipment will be painted neutral colors that blend with the surrounding uses.
No scenic vistas will be affected by the project.
Based on the above, it is concluded this project has no potential to cause a substantial effect on a
scenic vista or substantially degrade the visual character or quality of the site and the developed
surrounding area.
To further mitigate potentially non-significant impacts to the greatest extent feasible, the following
measure shall be implemented:
1-1
All above-ground structures shall be covered wIth neutral, non-reflective coatings
that blend with surrounding uses and color schemes.
b.
This project will not resuit in damage to any scenic resources. No significant trees, rock outcropping
or historic buildings exist on the site. The site is not located adjacent to or near a state scenic highway
corridor.
Based on the type and size of project proposed and the nature of current development adjacent to the
site, it is concluded this project will not be visible from or adversely effect any scenic highways or other
scenic resources.
Because no impact can be identified, no mitigation is required.
d.
No substantial exterior lighting will be associated with this project. Implementation of Mitigation
Measure 1-1 above is judged adequate to mitigate any potential impacts associated with glare to a less
than significant level.
w
EV-070"o"ia' 5\,dy1100404
-5-
TOM DODSON & ASSOCIATES
""'"
East Valley Water District
Well 27 Water Treatment Project
INITIAL STUDY
Potentia..y
Signi'cant
Impo"
L...than L... than
Significan!,.;th Significant
Mitig.tion lnoo"","'" Impa"
No
Impa"
II. AGRICULTURE RESOURCES - Would the project:
a. Convert Prime Farmland, Unique Farmland or 0
Farmland of Statewide Importance (Farmland) to
non-agricultural use?
b. Conflict with existing zoning for agricultural use or a 0
Williamson Act contract?
c. Involve other changes in the existing environment 0
which, due to their location or nature, could result in
conversion of Farmland to non-agricultural use?
0 o .
0 o .
0 o .
SUBSTANTiATION:
a-c.
The project site and surrounding area has been developed with residential units. No agricultural
activities have occurred in the area for at least 50 years. The site has been a water production facility
for over 50 years. The project area is designated for residential uses (County of San Bernardino and
cities of San Bernardino and Highland) and is fully developed with such uses. Therefore, this project
win not convert any farmland to non-agricultural uses, conflict with existing agricultural zoning or a
Wililiamson Act contract, nor result in the potential conversion of farmland to other uses.
w
Because no impact will result, no mitigation is required.
w
EV-D70Jlnlliol SIudyllDD,D,
-6-
TOM DODSON & ASSOCIATES'
East Valley Water District
'WI Well 27 Water Treatment Project INITIAL STUDY
Po"oliolly louth" l"'thon
S.gnm""nl Signi'""nl"'th Sign"""nl No
Impo~ "'Ugo,"" Inco""'olion Impo,1 Impo"
III. AIR QUALITY - Where available, the significance
criteria established by the applicable air quality
management or air pollution control district may be
relied upon to make the following determinations,
Would the project:
a. Conflict with or obstruct implementation of the 0 0 . 0
applicable air quality plan?
b. Violate any air quality standard or contribute 0 0 . 0
substantially to an existing or projected air quality
violation?
c. Result in a cumulatively considerable net increase of 0 0 . 0
any criteria pollutant for which the project region is
non attainment under an applicable federal or state
ambient air quaiity standard (including reieasing
emissions which exceed quantitative thresholds for
ozone precursors)?
d. Expose sensitive receptors to substantial pollutant 0 0 . 0
- concentrations?
e. Create objectionable odors affecting a substantial 0 0 . 0
number of people?
SUBSTANTIATION:
a-c.
The proposed project is located within the South Coast Air Basin (SCAB). The South Coast Air Quality
Management District (SCAQMD) has jurisdiction over air quality issues and regulations within the
SCAB. The SCAQMD has published Its CEQA Air Quality Handbook (CEQA Handbook) that identifies
threshold vaiues for emissions to assist local agencies in determining if a project's emissions could
pose a significant threat to air quality and air quality standards.
These construction thresholds of significance are:
ROC (Reactive Organic Compounds)
NO, (Nitrogen Oxides)
CO (Carbon Monoxide)
PM" (small particle dust)
SO, (Sulphur Oxides)
75 Ibs/day
100 Ibs/day
550 Ibs/day
150 Ibs/day
150 Ibslday
w
Chapter 6 of the CEQA Handbook provides screening tables to assist in determining the significance
of impacts associated with proposed projects. Table 6-3 identifies grading operations that disturb less
than 177 acres per quarter year or 3 acres per day as not potentially causing significant air quality
impacts. The Well 27 site has been graded and developed with water supply facilities. No additional
site preparation other than some trenching, minor earth movement and fill is required. No significant
air emissions will result.
EV.070110~iol 51u'yl100404
-7-
TOM DODSON & ASSOCIATES
'W
East Valley Water District
Well 27 Water Treatment Project
INITIAL STUDY
The drain line and pipelines connecting Well 127 to the District's existing system will be installed in a
public road. It is anticipated that about 300 feet of pipeline can be installed each day. Based on data
in Table A9-8-A of the CEQA Handbook, it is projected that pipe installation will generate the following
emissions:
CO
ROC
NO,
SO,
PM,o
11 Ibs/day
3 Ibs/day
21lbs/day
2 Ibs/day
7 Ibslday
The delivery of pipe and water treatment equipment will result in a maximum of 5 vehicle trips per day
for a few days. It is anticipated these trips will average about 60 miles (about 300 miles/day) and
generate the following emissions (Table A9-5-K-7):
CO
ROC
NO,
PM,o
5 Ibs/day
1 Ibs/day
3 Ibslday
negligible
Other construction emissions will result from worker commuter and equipment operation. These
emissions are forecast to be short term (a few days) and will be negligible and below SCAQMD
thresholds of significance.
,..,.
Total Construction Emissions
Based on the above, it is forecast that this project could generate the following emissions depending
on the timing of construction:
CO
ROC
NO,
SO,
PM,o
16 Ibs/day
4 Ibs/day
24 Ibs/day
2 Ibs/day
43 Ibs/day
These are unmitigated impacts and are substantially below SCAQMD's threshoid of significance. To
mitigate potential impacts to the greatest extent feasible, the following measure shall be implemented:
/11-1
The District's contract with the contractors shall require the contractor to provide
verification that all equipment is in proper tune per the manufacturer's recommen-
dation.
In the long term, the delivery of salt and the removal of wastes could generate up to 3 vehicle trips on
a given day and associated emissions will be negligible.
Once the treatment facilities are operational, they will be powered by electricity supplied by Southern
California Edison Company (SCE). The District anticipates the electricity needed for treatment will be
minimal and the long-term emissions associated with SCE generating the small amount of electricity
needed to operate this treatment equipment are considered non-significant. Recent studies and reports
indicate that adequate generation and distribution facilities are available to meet the anticipated
demand for electricity in the SCE service area.
w
EV-O70llniial Study"OO'O'
TOM DODSON & ASSOCIATES
-8-
.......
w
.,
East Valley Water District
Well 27 Water Treatment Project
INITIAL STUDY
It should be noted that the water treatment equipment will be placed on an existing well. Therefore,
energy has historically been used at the site and this project does not create a significant new energy
consumption use onsite. Because no significant impact can be identified, no mitigation is required.
b.
The only pollutant associated with development and operation of these facilities are those generated
as emissions from the combustion of petroleum products used by the construction and delivery
equipment. The emissions are below the SCAOMD's threshold of significance. Due to the few pieces
of equipment required at any given time, the amount of petroleum products consumed have no
potential to expose receptors to a significant amount of pollutants. Implementation of Mitigation
Measure 111-1 is considered adequate mitigation for potential impacts.
c.
The operation of a water treatment facility and underground pipelines have no identifiable potential to
alter air movement, moisture, or temperature or cause a change in climate. No mitigation is required.
d.
The only odors which will be generated by this project will be those from the construction equipment.
These odors will be associated with exhaust emissions from the consumption of petroleum products
(gasoline, diesel, etc.). Such odors are common in the urbanized areas near the project site. Due to
the few pieces of equipment required, the short duration of construction and the ambient odor levels
in the project area, it Is concluded this project will not result in the creation of a significant amount of
objectionable odors. Mitigation Measure 111-1 will reduce potential impacts to the greatest extent
feasible.
EV-O701ln,ial Studyl100404
-9-
TOM DODSON & ASSOCIATES
East Valley Water District
...... Well 27 Water Treatment Project INITIAL STUDY
po",'a", L..,,"," La"lh,"
s"""", 5""'",I"'th 5""""1 No
Impad MIti,a'o, ,"""po",""" Impad Impad
IV. BIOLOGICAL RESOURCES - Would the project:
a. Have a substantial adverse effect, either directly or 0 0 o .
through habitat modifications, on any species
identified as a candidate, sensitive, or special status
species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
b. Have a substantial adverse effect on any riparian 0 0 o .
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations or by the California Department of Fish
and Game or US Fish and Wildlife Service?
c. Have a substantial adverse effect on federally 0 0 o .
protected wetlands as defined by Section 404 of the
Clean Water Act (including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other means?
W d. Interfere substantially with the movement of any 0 0 o .
native resident or migratory fish or wildlife species or
with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery
sites?
e. Conflict with any local policies or ordinances 0 0 o .
protecting biological resources, such as a tree
preservation policy or ordinance?
f. Conflict with the provisions of an adopted Habitat 0 0 o .
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state
habitat conservation plan?
SUBSTANTIATION:
a-f. The project site and adjacent areas have been graded, developed, and all native vegetation removed.
No habitat for any sensitive plant or animal species exists on or adjacent to the site. No wetlands or
riparian communities exist. The site is within residential development that does not serve as a wildlife
corridor or nursery site. The site does not contain any protected trees nor is it within a conservation
pian area (see Figure 3).
No impact to biological resources will result and no mitigation is required.
..
EV-O'O/,,".'SIUdy/'OO404
-10-
TOM DODSON & ASSOCIATES
W'
East Valley Water District
Well 27 Water Treatment Project
INITIAL STUDY
P,tenlle"y
SIgnificant
'mped
Lm then Le.. then
S¡gnifi"nl "Ih SIgn""nl
Mm",on 'n""",""," Impeel
N,
'mped
v. CULTURAL RESOURCES - Would the project:
a. Cause a substantial adverse change in the 0 0 . 0
significance of a historical resource as defined in
§15064.5?
b. Cause a substantial adverse change in the o . 0 0
significance of an archaeological resource pursuant
to §15064.5?
c. Directly or indirectly destroy a unique paleontological 0 . 0 0
resource or site or unique geologic feature?
d. Disturb any human remains, including those interred 0 0 . 0
outside of formal cemeteries?
SUBSTANTIATION:
w
a-c. The site has been graded and compacted. No natural topography or habitat exists. Therefore, no
potential for surface or near surface cultural resources or unique geologic features exists. Some minor
excavations for structure footings, pipelines and equipment will occur. However, due to the disturbed
nature ofthe sites, the potential to encounter subsurface cultural resources is considered very unlikely.
The site is not identified as an area of archaeological sensitivity on Figure 8 of the City of San
Bernardino General Plan. To mitigate the potential for impacts to cultural resources to the greatest
extent feasible, the following measure shall be implemented:
V-1
In the event cultural resources are encountered during construction of these water
facilities, activities in the Immediate area of the finds should be halted and an onsite
inspection should be performed immediately by a qualified archaeologist or paleon-
tologist. This professional will be able to assess the find, determine its significance,
and make recommendations for appropriate mitigation measures within the guide-
lines of the California Environmental Quality Act and/or the Federal National Polley
Act.
d.
No data suggests that buried human remains may occur on the project sites. Additionally, no such
remains are known to have been encountered during grading activities on the site. Based on the above
data and the relatively small area to be disturbed, it is concluded the potential to encounter human
remains is very unlikely. State law requires that the appropriate authorities be contacted if human
remains are encountered, in this case, the San Bernardino County Coroner's Office has jurisdiction.
Compliance with these laws is adequate mitigation for potential impacts. No further mitigation is
required.
w
EV-070iln"" SIUdy/100404
-11-
TOM DODSON & ASSOCIATES
East Valley Water District
'""" Well 27 Water Treatment Project INITIAL STUDY
Po..".II, Lm th" L...th"
Slgnifi"," Slgnl"",nt..th Slgn"",nt No
Imp." Mmg.'on 'noo""",'" Imp." Imp."
VI. GEOLOGY AND SOILS - Would the project:
a. Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or
death involving:
Rupture of a known earthquake fault, as 0 0 . 0
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault?
Strong seismic ground shaking? 0 0 . 0
Seismic-related ground failure, Inciuding 0 0 . 0
liquefaction?
Landslides? 0 0 o .
b. Result in substantial soil erosion or the loss of 0 . 0 0
'W topsoil?
c. Be located on a geologic unit or soil that is unstable, 0 . 0 0
or that would become unstable as a result of the
project, and potentially result in onsite or offsite
landslide, lateral spreading, subsidence, liquefaction
or collapse?
d. Be located on expansive soil, as defined in Table 18 0 0 . 0
1-B of the Uniform Building Code (1994), creating
substantial risks to life or property?
e. Have soils incapable of adequately supporting the 0 0 o .
use of septic tanks or alternative waste water
disposal systems where sewers are not available for
the disposal of waste water?
SUBSTANTIATION:
a. Implementation of this project will result in the installation, construction and operation ofwatertreatment
facilities and appurtenant above and below ground facilities (pipeline, valves, control panels, etc.), No
human occupancy structures will be associated with this project. Based on data provided on Figure 47
of the City of San Bernardino General Plan, the site is not within an Alquist-Priolo Earthquake Fault
Zone.
Due to the type and location of this project, the potential for this project to expose people or property
~ to the hazard of earthquake fault rupture is considered less than significant. No mitigation is required.
EV-O70/ln'I" Study" 00404
-12-
TOM DODSON & ASSOCIATES
"""
East Valley Water District
Well 27 Water Treatment Project
INITIAL STUDY
As with most of southern California, it should be anticipated the site will be subjected to strong seismic
groundshaking during the life of the project. However, no human occupancy structures or large water
storage facilities will be located onsite. The type of structures existing or proposed for the site (water
well, pipelines, water treatment facilities, etc.) are not susceptible to seismic damage that could expose
people or property to a high potential or risk of loss, injury or death from strong groundshaking or
ground failure. No mitigation is required.
Available data from the District indicates the depth to groundwater beneath the site exceeds 100 feet.
Due to the depth of groundwater and the lack of human occupancy structures onsite, the potential for
this project to expose people or property to adverse effects associated with liquefaction is judged to be
less than significant. No mitigation is required.
No hills or steep terrain exists on or near the project site. No potential for landslide exists and no
mitigation is required.
b.
The site has been graded, compacted and is flat (about 2% slope). The construction of water supply
facilities will result in minimal land disturbances. Presently, drainage occurs as sheet flow to the south.
No change in this pattern will result from this project. Water discharged by well pumping will be
discharged to hardsurfaced areas such as pipelines, storm channels, or paved roads. The potential
for this project to result in substantial erosion or loss of top soil is less than significant.
The project will result In the disturbance of less than one acre of land and will not require a National
Pollution Discharge Elimination System (NPDES) general construction stormwater discharge permit.
However, to mitigate potential erosion impacts to the greatest extent feasible, the following measure
shall be implemented:
.,
VI.1 The DIstrict shall require the construction contractor(s) to implement Best
Management Practices (BMPs) to prevent construction pollutants and erosion from
contacting storm water at the well site and pipe alignment. BMPs to be implemented
include:
The length of trench which can be left open at any given time should be
limited to that needed to reasonably petform construction activities. This will
serve to reduce the amount of backfill stored onsite at any given time.
Backfill material should not be stored in areas which are subject to the erosive
flow of water.
Measures such as the use of straw bales, sandbags or silt fencing should be
used to capture and hold eroded material on the project site for future
cleanup.
A spill prevention and cleanup plan for petroleum products.
c-d. Due to the type of project proposed and the lack of people onsite, no potential exists to expose people
or property to unstable earth or geologic conditions. No mitigation is required.
e.
No onsite disposal facilities are proposed by this project.
.,
EV-070/lo'ial StudyJ1 00404
-13-
TOM DODSON & ASSOCIATES
East Valley Water District
~ Well 27 Water Treatment Project INITIAL STUDY
Poloo"'" ,...Ihan ,...Ihan
Signi""nl Sign""'nl with Sign""'nt No
Impad Mm,a'oo ""'""a'oo Impa'i Impad
VII. HAZARDS AND HAZARDOUS MATERIALS -
Would the project:
a. Create a significant hazard to the public or the 0 0 . 0
environment through the routine transport, use, or
disposal of hazardous materials?
b. Create a significant hazard to the public or the 0 0 . 0
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
c. Emit hazardous emissions or handle hazardous or 0 0 . 0
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
d. Be located on a site which is included on a list of 0 0 o .
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or
~ the environment?
e. For a project located within an airport land use plan 0 0 o .
or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project result in a safety hazard for people
residing or working in the project area?
f. For a project within the vicinity of a private airstrip, 0 0 o .
would the project result in a safety hazard for people
residing or working in the project area?
g. Impair implementation of or physically interfere with 0 0 o .
an adopted emergency response plan or emergency
evacuation plan?
h. Expose people or structures to a significant risk of 0 0 o .
loss, injury or death involving wildland fires, inciuding
where wildlands are adjacent to urbanized areas or
where residences are intermixed with wildlands?
SUBSTANTIATION:
a-c. Other than some petroleum products used during construction, this project wili not include the use or
storage of explosive substances. Operation of the well wili include the use of sodium hyperchlorite to
ensure the water extracted meets domestic water standards. This chemical is simiiar to household
OW bleach and wili be stored in small quantities (about 100 gallons) and is not explosive. The storage of
this chemical is regulated by State and local regulations that have been determined to be adequate to
prevent or control accidental release. Additionally, the project will produce nitrate laden brine and resins
EV-O?O!ln'ia' Study!' 00404 -14- TOM DODSON & ASSOCIATES
~
East Valley Water District
Well 27 Water Treatment Project
INITIAL STUDY
containing perchlorate. These substances are not explosive or flammable. The transport, disposal or
reuse of these wastes are also controlled by state and local regulations that are deemed adequate to
reduce the potential risk of accidental release to a less than significant level. Based on the above, it
is concluded the potential for this project to result in the accidental release of materials, explosion, or
create a health hazard is non-significant with implementation of applicable laws and regulations. No
further mitigation other than that required by current regulations is required.
d.
The project is not located on or near a site which appears on the Cal-EPA Facility Inventory Data Base
Hazardous Waste and Substances Sites List. The site has been used as a water production facility for
over 50 years. No known past uses indicate any past activities onsite that would include the use of
hazardous substances. No mitigation is required.
The project site is not within an airport land use plan nor within 2 miles of an existing public airport. No
private airstrips exist near the site.
e-f.
g.
The project is the continued operation of an existing water facility that does not include people residing
or working onsite. The continued operation of Well 27 has no potential to result in an aircraft safety
hazard to people or property. No mitigation is required.
No known emergency response or evacuation plans affect the project site. The installation of pipelines
in Marshall Boulevard has the potential to affect traffic over the short term (about one week).
Implementation of Mitigation Measures XV-1 and XV-2 will reduce potential impacts to a less than
significant level. No further mitigation is required.
..,
h.
The project area has been completely developed with urban users. No wildlands exist on or near the
site. No potential for risk or adverse effect to people or property from wildland fires will result. No
mitigation is required.
ow
EV-070Ilni¡a' SludyllO0404
-15-
TOM DODSON & ASSOCIATES
East Valley Water District
'-" Well 27 Water Treatment Project INITIAL STUDY
POIeO,,", lm thao less Ihoo
Si,oi'",ol Si,o""," with Si,o"œol No
1m,." Mm,."" I",o"o~"" 1m,." 'mo."
VIII. HYDROLOGY AND WATER QUALITY - Would the
project:
a. Violate any water quality standards or waste 0 0 D .
discharge requirements?
b. Substantially deplete groundwater supplies or 0 0 . 0
interfere substantially with groundwater recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater table
level (e.g., the production rate of pre-existing nearby
wells would drop to a level which would not support
existing land uses or planned uses for which permits
have been granted)?
c. Substantially alter the existing drainage pattern of the 0 0 D .
site or area, including through the alteration of the
course of a stream or river, in a manner which would
result in substantial erosion or siltation onsite or
offsite?
W d. Substantially alter the existing drainage pattern of the 0 0 D .
site or area, including through the aiteration of the
course of a stream or river, or substantially increase
the rate or amount of surface runoff in a manner
which would result in flooding onsite or offsite?
e. Create or contribute runoff water which would 0 0 D .
exceed the capacity of existing or planned
stormwater drainage systems or provide substantial
additional sources of polluted runoff?
f. Otherwise substantially degrade water quality? 0 0 . 0
g. Place housing within a 100-year flood hazard area as 0 0 D .
mapped on a federal Flood Hazard Boundary or
Flood Insurance Rate Map or other flood hazard
delineation map?
h. Place within a 100-year flood hazard area structures 0 0 D .
which would impede or redirect flood flows?
Expose people or structures to a significant risk of 0 0 D .
loss, injury or death involving flooding, including
flooding as a result of the failure of a levee or dam?
W j. Inundation by seiche, tsunami, or mudflow? 0 0 D .
EV-070/lo"al Slud,1100404
-16-
TOM DODSON & ASSOCIATES
'-'
East Valley Water District
Weil 27 Water Treatment Project
INITIAL STUDY
SUBSTANTIATION:
a&f. This project proposes the development of domestic water treatment facilities. No wastewater will be
generated or discharged by the facilities. No contaminants which could affect surface water quality will
be associated with the project. The only chemical which will be stored or used onsite will be sodium
hypochlorite to treat the water extracted from the wells. This chemical is about 12.5-percent chlorine
and is similar to household bleach. Only about 100 gallons of this chemical will be presentonsite at any
given time. The storage and use of this chemical is controlled by regulations deemed adequate by the
agencies responsible for controlling such substances.
Up to 13,000 gallons of nitrate laden brine wastes could be present onsite at any given time. The
storage, transport and disposal of these wastes is governed by state and local regulations and laws.
Compliance with these laws and regulations is mandatory and considered adequate mitigation for
potential impacts to water quality. Resin will also be used onsite to remove perchlorate from water
produced by the well. The perchlorate laden wastes will either be biologically regenerated or disposed
of at appropriate facilities approved of for such activities. These activities will be reviewed and
permitted by DHS before it is fully implemented.
It should be noted that the purpose of this project is to remove nitrates and perchlorate from water
produced at Well 27 and is viewed as a benefit to groundwater quality.
The project will not require the issuance of waste discharge requirements. Compliance with applicable
regulations and Mitigation Measure VI-1 will reduce potential impacts to a less than significant level.
w
b.
EVVlJD extracts water from a large groundwater basin beneath the San Bernardino Valley known as the
Bunker Hill Groundwater Basin (Basin). Water extraction rights to the Basin have been generally
adjudicated, in that a total annual extraction by all users has been identified, but no limit on the amount
of water each user can extract has been established. Should the maximum annual extraction be
exceeded for the entire Basin, the San Bernardino Valley Municipal Water District (Muni) is required to
replace the excess volume of groundwater extracted by spreading and percolating State Water Project
Water back into the Basin.
EVWD estimates that the Bunker Hill Basin has about 5,000,000 acre-feet of water in storage of which
about 2,000,000 acre-feet is available without adversely effecting the supply and quality of water in the
Basin. Based on the availability of groundwater in the Basin and the current groundwater recharge
policies, it is concluded the continued operation of Well 27 will not substantially increase groundwater
extractions; result in a significant adverse effect on the quantity of groundwater; nor substantially alter
the direction of flow of groundwater in the Basin. Existing recharge policies are considered adequate
to mitigate potential impacts to the quality and quantity of groundwater to a non-significant level. No
further mitigation is required.
It should be noted that the purpose of this project is to remove nitrates and perchlorate from water
produced at Well 27 and is viewed as a benefit to groundwater quality.
c-e. The Well 27 site has been graded and leveled. Drainage from the site occurs as sheet flow toward the
south. The project will result in the installation of water treatment facilities. Ancillary equipment such
as a disinfection system, pipelines, etc. will also be installed. Minor grading of the site is proposed but
no substantial hard-surfacing will occur. No stream or river exists on or near the site.
-
Based on the above, it is concluded this project will not alter existing drainage patterns or the course
and flow of a river or stream. Because no impact can be identified, no mitigation is required.
EV-070Iln'~1 Sludyl100404
-17-
TOM DODSON & ASSOCIATES
""""
w
East Valley Water District
Weil 27 Water Treatment Project
INITIAL STUDY
g-i.
This project does not propose any housing and is not situated within a 1 DO-year flood hazard area. As
such it has no potential to place housing at risk to flooding or impede the flow of stormwater.
j.
The project site is not situated near a large waterbody that has a potential to generate a tsunami or
seiche. No areas exist around or near the site that could generate substantial mudflow. Because no
impact can be Identified, no mitigation is required.
IX.
LAND USE AND PLANNING - Would the project:
Po"""" Lo...", L,..th"
81",,0.0" 81,"fioo",;" 81"'fioo,, No
Imp'" M""", '",Orpo,,'," Imp'" Imp",
0 0 o .
0 0 o .
a.
Physically divide an established community?
b.
Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the
project (including, but not limited to the general plan,
specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
c.
Conflict with any applicable habitat conservation plan
or natural community conservation plan?
.
0
0
0
SUBSTANTIATION:
a.
Well 27 is an existing water production facility located within a residential community. The site has been
a water production facility for over 50 years. The continued use of the site as a water production facility
has no potential to physically divide a community. No mitigation is required.
California Government Code Section 53091 exempts water supply facilities from local zoning
restrictions. Such facilities are considered compatible with all land use designations. Therefore, the
continued use of the site for water supply facilities has no potential to conflict with any applicable land
use plan, policy or regulations. Because no impact can be identified, no mitigation is required.
b.
c.
The project site and adjacent areas have been developed with urban uses. No native habitat or
topography exists in the area. No known habitat or natural community plans exist on or near the
project. No impact to such plans will result and no mitigation is required.
PO"""" Lmth" Lm th"
81"""", S"",oo".;th Sl""oo,' No
Imp", M"'",O' """rpo",o, 1mpo" Imp...
X. MINERAL RESOURCES - Would the project:
a. Result in the loss of availability of a known mineral 0 0 o .
resource that would be of value to the region and the
residents of the state?
b. Result in the loss of availability of a locally important 0 0 o .
W mineral resource recovery site delineated on a local
general pian, specific plan or other land use plan?
EV.O)O""'" 81"d,11004O4
-18-
TOM DODSON & ASSOCIATES
..
East Valley Water District
Well 27 Water Treatment Project
INITIAL STUDY
SUBSTANTIATION:
a-b. The project site is an existing water production facility. No known mineral resources occur on or near
the project site. Figure 42 of the City of San Bernardino General Plan identifies mineral resource zones
in undeveloped areas. The mineral resources which occur in the area are sand and gravel used for
construction materials. These resources are located within active channels such as the Santa Ana
River. The City's General Plan indicates that no such resources are known or suspected to occur on
or near the project site. Because no impact will result, no mitigation is required.
.,
w
XI.
NOISE - Would the project result in:
P"e,lIelly Le..the' L...th""
S'g"fico" S'g"'cont with S'g,'fico" No
'mped M'"getlo, '",0,",,""'°' Impoet 'mood
0 . 0 0
0 0 o .
0 . 0 0
0 . 0 0
0 0 o .
0
0
0
.
a.
Exposure of persons to or generation of noise levels
in excess of standards established In the local
general plan or noise ordinance, or applicable
standards of other agencies?
The installation of underground pipelines and water treatment facilities has some potential to generate
short-term noise. In the long term, the mechanical equipment at the treatment facilities couid generate
noise. The project sites are located within an urban area with residences located within about 100 feet
of the site.
EV-<l70Il,",al Studyl100404
-19-
b.
Exposure of persons to or generation of excessive
ground borne vibration or groundborne noise levels?
Generally, pipe installation activities can generate noise levels of about 75 dBA at a distance of 50 feet
from the equipment. A-weighted decibels (dBA) approximate the response to the human ear of a broad
frequency noise source by discriminating against the very low and high frequencies of the audible
spectrum. A-weighted decibels reflect those which are audible to the human ear.
c.
A substantial permanent increase in ambient noise
levels in the project vicinity above levels existing
without the project?
d.
A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above
levels existing without the project?
e.
For a project located within an airport land use plan
or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project expose people residing or working
in the project area to excessive noise levels?
f.
For a project within the vicinity of a private airstrip,
would the project expose people residing or working
in the project area to excessive noise levels?
SUBSTANTIATION:
a-d
TOM DODSON & ASSOCIATES
....,
East Valley Water District
Well 27 Water Treatment Project
INITIAL STUDY
Equivalent sound levels are not measured directly but rather calculated from sound pressure levels
typically measured in A-weighted decibels (dBA). The equivalent sound level (Leq) is the constant
levels that, over a given time period, transmits the same amount of acoustic energy as the actual time-
varying sound. Equivalent sound levels are the basis for both the Ldn and CNEL scales.
Day-night average sound levels are a measure of the cumulative noise exposure of the community.
The Ldn value results from a summation of hourly Leq's over a 24-hour time period with an increased
weighting factor applied to the nighttime period between 10:00 p.m. and 7:00 a.m. This noise rating
scheme takes into account those subjectiveiy more annoying noise events which occur during the
normal sleeping hours.
Noise diminishes at a rate of about 6 dB for each doubling of the distance from the source. This means
that construction noise levels at the nearest receptors (residences located about 100 feet from the site)
will be about 69 dBA on the exterior of those receptors. This noise level exceeds the County of San
Bernardino's exterior noise standard of 65 dB. However these noise level increase are short term, are
not health threatening, and not considered significant.
To mitigate potential impacts to the greatest extent feasible, the following measures shall be
implemented:
XI-1 The District shall require that construction activities be limited to the hours of7 a.m.
to 7 p.m., Monday through Saturday and that all construction equipment be
equipped with proper noise attenuation devices (mufflers).
.,
XI-2 The District shall respond to any noise complaints receIved for this project by
measuring noise levels at the affected receptor. If the noise level exceeds an Ldn
of 65 dBA exterior or an Ldn of 45 dBA Interior at the receptor, the District shall
Implement adequate measures such as enclosing equipment within structures to
reduce noise levels to the greatest extent feasible.
In the long term, mechanical equipment at the site will generate some noise. This equipment produces
noise levels that are substantially below the construction equipment. Based on the District's knowledge
for noise levels at other well sites, it is forecast that noise levels generated by this project at the exterior
of the nearest receptor will be well below 65 dBA. Implementation of Mitigation Measure XI-2 is judged
adequate to mitigate any potential long-term noise impacts to non-significant leveis.
Due to the type of construction proposed, it is concluded that installation of pipelines, and other facilities
will not expose people to extensive ground borne vibration or groundborne noise levels. No explosives
will be used.
e-f.
The project sites are not within an airport land use plan area nor near a private airstrip. This project
does not propose any development that could result in the exposure of people to excessive noise levels.
w
EV.O70!ln,;.! Study" 00.0.
-20-
TOM DODSON & ASSOCIATES
"""
w
w
East Valley Water District
Well 27 Water Treatment Project
INITIAL STUDY
XII.
POPULATION AND HOUSING - Would the project:
Potoo,.II,
Slgol'"nt
Imp."
No
Imp."
L..,~" L...I""
Sigolfi"o! "I" Sigo,""o!
Mitl,.lIoo '0","",.1100 """"I
a.
Induce substantial population growth in an area,
either directly (for example, by proposing new homes
and businesses) or indirectly (for example, through
extension of roads or other infrastructure)?
.
0
0
0
b.
Dispiace substantial numbers of existing housing,
necessitating the construction of replacement
housing elsewhere?
.
0
0
0
c.
Displace substantial numbers of people,
necessitating the construction of replacement
housing elsewhere?
.
0
0
0
SUBSTANTIATION:
a-c.
This project does not propose the development of any new housing. The project site contains existing
water supply facilities. No housing exists onsite and no existing housing will be affected by this project.
The District is mandated to provide an adequate supply of water to customers in its service area. The
type and density of development in the District's service area is controlled by iand use designations
established by the agencies having jurisdiction over such issues (cities and county). As such, this
project is considered growth-accommodating not growth-inducing in that it will help provide water
service to development that is approved or allowed by the agencies having jurisdiction over land use
issues. Because no impact can be identified, no mitigation is required.
Pot'nII.tI, L...~.n La..,","
Sign","o' SI,oifi"O!"~ Si,o""o' No
'mp... Miti,"loo In",",on"iOO Imp." Impact
XIII. PUBLIC SERVICES - Would the project result in
substantial adverse physical impacts associated with
the provision of new or physically altered govern-
mental facilities, need for new or physically altered
governmental facilities, the construction of which
could cause significant environmental impacts, in
order to maintain acceptable service ratios, response
times or other performance objectives for any of the
public services:
Fire protection? 0 0 o .
Police protection? 0 0 o .
Schools? 0 0 o .
Parks? 0 0 o .
Other public facilities? 0 0 o .
SUBSTANTIATION:
The proposed project is viewed as a benefit to public services in that it will help maintain an adequate
water supply in the District's service area. This is a particular benefit to fire protection services.
EV.070/lo",al Slud,1100404
-21-
TOM DODSON & ASSOCIATES
"""
..,
,..,
East Valley Water District
Well 27 Water Treatment Project
INITIAL STUDY
Construction, operation, and maintenance of the water treatment and other facilities will require the
expenditure of funds by the District. Funds for projects such as this are generated from fees charged
by the District for water service. It wiil be the District's responsibility to set an adequate fee schedule
to generate the needed funds to operate and maintain these facilities. No further mitigation is required.
XIV. RECREATION-
Po""iolly L... ~'" L... Ihon
Sig"""" Sig,""""'~ Sig,""'" No
Im,oct Miti,o'on lnoo"","'" Im,oct 'mpoct
0 0 o .
a.
Would the project Increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
acceierated?
b.
Does the project include recreational facilities or
require the construction or expansion of recreational
facilities which might have an adverse physical effect
on the environment?
.
0
0
0
SUBSTANTIATION:
a-b. As previously discussed in this document, this project wiil not contribute to an increase in the population
of the area beyond that already allowed or planned for within the District's service area. The project
does not propose any new development and wiil not affect any existing or proposed recreational
facilities. Because no impact can be identified, no mitigation is required.
EV-<)701l,lio' Study!'OO'O'
-22-
TOM DODSON & ASSOCIATES
......
East Valley Water District
Well 27 Water Treatment Project
INITIAL STUDY
c.
d.
..,
e.
f.
g.
XV. TRANSPORT A TlONITRAFFIC - Would the project:
a.
Cause an increase in traffic which is substantial in
relation to the existing traffic load and capacity of the
street system (i.e., result in a substantial increase in
either the number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)?
P,ton',II,
SI,nl'an!
Imp,~
L... ,"on Lm Ihon
SI,niOan! ",h Signlfianl
Mitigati" """,""'" Imp'~
N,
Imp'~
b.
Exceed, either individually or cumulatively, a level of
service standard established by the county
congestion management agency for designated
roads or highways?
0
0
.
0
Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in
location that results in substantial safety risks?
Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous intersec-
tions) or incompatible uses (e.g., farm equipment)?
Result in inadequate emergency access?
Result in inadequate parking capacity?
Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus
turnouts, bicycle racks)?
SUBSTANTIATION:
0
0
.
0
0 0 o .
0 0 o .
0 0 o .
0 0 o .
0 0 o .
a,b,
d&f. This project does not propose any new roads or the reconstruction of any existing roadways. In the
short term, construction of the proposed facilities will result in the generation of up to about 20 additional
vehicle trips on the adjacent roadways by construction personnel and the delivery of construction
materials. This increase in traffic will be for a few weeks at any given time and is not considered
sufficient to affect the level of service of roadways or cause congestion at any intersection.
w
Once constructed and operating, the only traffic that will be generated by this project will be daily visits
to the site by District personnel to inspect and maintain the facilities and vehicles to transport salt, nitrate
laden brine and resin. These activities will result in less than 5 additional trips on any given day.
Adequate parking area is available onsite and along roadways to accommodate the parking
requirements.
In the short term, the installation of pipelines in public roads has the potential to create a traffic hazard
due to the presence of open trenches and equipment. To mitigate potential impacts to a less than
significant level, the following measures shall be implemented:
EV.O70/lnki,' Study/' 00404
-23-
TOM DODSON & ASSOCIATES
'WI
..,
...,
East Valley Water District
Well 27 Water Treatment Project
INITIAL STUDY
XV-1
The District shall review and approve a construction traffic management plan for
work in public roads that complies with the Work Area Traffic Control Handbook
orother applicable standards to provide adequate traffic control and safety during
construction activities.
XV-2
The District shall require the pipeline contractor to properly backfill and compact
excavated areas. The District shall also require that all disturbances to public
roadways be repaired in a manner that complies with the Standard Specifications
for Public Works Construction (green book) or other applicable standards.
c.
These water facilities have no potential to generate an increase in air traffic volumes or affect air traffic
patterns. Because no impact can be identified, no mitigation is required.
e.
The project design includes direct access to public roadways which is considered adequate for
emergency purposes. No further mitigation is required.
g.
The construction and operation of water wells has no potential to impact alternative transportation
policies. No mitigation is required.
EV-O70/lnRial Study/100404
-24-
TOM DODSON & ASSOCIATES
East Valley Water District
~ Well 27 Water Treatment Project INITIAL STUDY
Poton'all, lm 'hen l...than
St,ntfi",nt SI,nm"'nt.;th St,nt'",n' No
UTILITIES AND SERVIC't SYSTEMS - Would the 'm,act ""'t,a'onl"""o,,'o' Im,act 'm,a"
XVI.
project:
a. Exceed wastewater treatment requirements of the 0 0 D .
applicabie Regional Water Quality Control Board?
b. Require or result in the construction of new water or 0 0 D .
wastewater treatment facilities or expansion of
existing facilities, the construction of which could
cause significant environmental effects?
c. Require or result in the construction of new storm 0 0 . 0
water drainage facilities or expansion of existing
facilities, the construction of which couid cause
significant environmental effects?
d. Have sufficient water supplies available to serve the 0 0 D .
project from existing entitlements and resources, or
are new or expanded entitlements needed?
e. Result in a determination by the wastewater 0 0 D .
W treatment provider which serves or may serve the
project that it has adequate capacity to serve the
project's projected demand in addition to the
provider's existing commitments?
f. Be served by a landfill(s) with sufficient permitted 0 0 . 0
capacity to accommodate the project's solid waste
disposal needs?
g. Comply with federal, state, and local statutes and 0 0 D .
regulations related to solid waste?
SUBSTANTIATION:
a-g. The proposed project is a water service improvement. It will provide water service to development that
will generate wastewater. The development being served is either existing or planned for development
that will not affect the existing or planned for capacity of the wastewater treatment facilities. The project
will also generate nitrate laden brine and possibly used resin. These wastes will not be discharged to
the local municipal wastewater system, but will be transported for disposal at an approved industrial
waste disposal facility or to the SARI line. No impact to the existing local wastewater treatment facilities
will result from this project. Other than a small amount of construction wastes, this project will not
generate solid wastes and will not adversely affect the existing solid waste collection and disposal
system.
The proposed project will not significantly increase surface water runoff from the site. Adequate drain-
age facilities are available to accommodate surface water flows from the site. Because no impact to
.., services and utility systems can be identified, no mitigation is required.
EV-0701l,~tal 5'Ud,I1oo404
-25-
TOM DODSON & ASSOCIATES
WI
East Valley Water District
Well 27 Water Treatment Project
INITIAL STUDY
--
..,
XVII. MANDATORY FINDINGS OF SIGNIFICANCE-
a.
Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
P"',II.lIy
Si"m""
Imp."
L.,,~," L...~.,
Si,'ifl",t"~ Si"ifl,,"
Mm,."" """"'"'",, Imp."
N,
Imp."
b.
Does the project have impacts that are individually
limited, but cumuiatively considerable? ("Cumulative-
ly considerable" means that the incremental effects
of a project are considerable when viewed in
connection with the effects of past projects, the
effects of other current projects, and the effects of
probable future projects)?
0
0
0
.
c.
Does the project have environmental effects which
will cause substantial adverse effects on human
beings, either directly or indirectly?
0
0
.
0
SUBSTANTIATION:
0
0
0
.
The project site and roads have been disturbed by human activities. No native vegetation or habitat
occurs on or near the site. The site is located within an urbanized area where no sensitive plant or
animal species are known or suspected to occur. The site is about 0.5 acre and is adjacent to much
larger development that has altered the physical character of the area. The project has no potential to
adversely affect sensitive biological resources. This project produces minimal, less than significant
impacts associated with aesthetics, air emissions, traffic, water quality, soils, hazards, noise and
impacts to cultural resources. Mitigation is provided to reduce less than significant impacts associated
with visual resources, air quality, cultural resources, noise, soils, water quality, and traffic to the greatest
extent feasible. The removal of contaminants from groundwater is considered a benefit to water quality.
No structures or other potentially important examples of early California history or prehistory exists
onsile and none will be affected.
EV-O10Il,".' St,dy1100404
-26-
a.
This project will result in the continued extraction of water from the groundwater basin. Such extractions
when combined with other extractions could have the potential to degrade the quantity and quality of
groundwater. However, an adequate groundwater basin recharge program using imported water is
implemented to reduce potential cumulative impacts associated with basin overdraft to a less than
significant level. No significant individual or cumulatively significant impacts associated with other
issues evaluated in this document can be identified.
b.
The removal of contaminants from the domestic water supply is viewed as a benefit to human beings.
The project will not create any hazardous conditions, with implementation of Identified mitigation, that
could either directly or indirectly affect human beings.
c.
TOM DODSON & ASSOCIATES
\W
East Valley Water District
Well 27 Water Treatment Project
INITIAL STUDY
MITIGATION MEASURES:
1-1
111-1
V-1
VI-1
w
XI-1
XI-2
XV-1
w
All above-ground structures shall be covered with neutral, non-reflective coatings that blend with
surrounding uses and color schemes.
The District's contract with the contractors shall require the contractor to provide verification that all
equipment is in proper tune per the manufacturer's recommendation.
In the event cultural resources are encountered during construction of these water facilities, activities
in the immediate area of the finds should be halted and an onsite inspection should be performed
immediately by a qualified archaeologist or paleontologist. This professional will be able to assess
the find, determine its significance, and make recommendations for appropriate mitigation measures
within the guidelines of the California Environmental Quality Act and/or the Federal National Policy
Act.
The District shall require the construction contractor(s) to implement Best Management Practices
(BMPs) to prevent construction pollutants and erosion from contacting stormwater atthe well site and
pipe alignment. BMPs to be implemented include:
The length of trench which can be left open at any given time should be limited to that needed
to reasonably perform construction activities. This will serve to reduce the amount of backfill
stored onsite at any given time.
Backfill material should not be stored in areas which are subject to the erosive flow of water.
Measures such as the use of straw bales, sandbags or silt fencing should be used to capture and
hold eroded material on the project site for future cleanup.
A spill prevention and cieanup plan for petroleum products.
The District shall require that construction activities be limited to the hours of7 a.m. to 7 p.m., Monday
through Saturday and that all construction equipment be equipped with proper noise attenuation
devices (mufflers).
The District shall respond to any noise complaints received for this project by measuring noise leveis
at the affected receptor. If the noise level exceeds an Ldn of 65 dBA exterior or an Ldn of 45 dBA
interior atthe receptor, the District shall implement adequate measures such as enclosing equipment
within structures to reduce noise levels to the greatest extent feasible.
The District shall review and approve a construction traffic management plan for work in public roads
that complies with the Work Area Traffic Control Handbook or other applicable standards to provide
adequate traffic control and safety during construction activities.
XV-2
The District shall require the pipeline contractor to properly backfill and compact excavated areas.
The District shall also require that all disturbances to pubiic roadways be repaired in a manner that
complies with the Standard Specifications for Public Works Construction (green book) or other
applicable standards.
EV.O70/I,,;-1 St,dyl100404
-27-
TOM DODSON & ASSOCIATES
~
-
--
East Valley Water District
Well 27 Water Treatment Project
INITIAL STUDY
REFERENCES:
City of Highland General Plan
City of San Bernardino General Plan
County of San Bernardino General Plan, Revised 1998
South Coast Air Quality Management District, CEQA Air Quality Handbook
Tom Dodson & Associates, Site Evaluation, September 2004
U.S. Department of Agriculture, Soil Conservation Service, Soil Survey San Bernardino County,
Southwestern Part, California
EV.070Iln'~1 S\,dy/1O04O4
-28-
TOM DODSON & ASSOCIATES
FIGURE 1
Regional Location (Well 27)
~. '"
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Source: Delorme XMap
odson & Associates
Tom !;vironmental Consultants
FIGURE 2
Vicinity Map (Well 27)
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Source: Delorme XMap
Tom Dodson & Associates
Environmental Consultants
FIGURE 3
Site Photographs
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WELL 27 SITE
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Tom Dodson & Associates
Environmental Consultants
Nov 16 04 10:12a
East Val1e~ Water
9098888986
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STATE OF CALIFORNIA
Governor's Office of Planning and Research
State Clearinghouse and Planning Unit
Arnold
Schwanenegger
Governor
Jon Boel
Acting Director
November 12,2004
Paul Dolter
East Valley Water District
3654 E. Hi,"hhll1d i\v","ue. Suite is
San Bernardino, CA 92346
Subject: East Valley Water District's Well 27 Water Treatment
SCH#: 2004101043
Dear Paul Dolter:
The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for
review. The review period closed on November 10, 2004, and no state agencies submitted comments by
that date. This letter acknowledges that you have complied with the State Clearinghouse review
requirements for draft envitonmental documentS, pUIsuant to the California Environmental Quality Act.
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Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the
envÌ1'omnental review process. ¡fyou have a question about the above-named project, please refer \0 the
ten-digit State Clearinghouse number when contacting this office.
Sincerely,
~~-
DirecIOr, State ClearInghouse
-.,
1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95SI2-3O44
TEL (9t6) 445-0613 FAX (916) 323-301S www.opr.ca.sov
Nóv 16 04 10:12a
East Valle~ Wate~ 9098888986
Document Details Report
State Clearinghouse Data Base
p.5
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SCH# 2004101043
Project Title East Valley Water Dlstricrs Well 27 Water Treatment
Lead Agency East Valley Water District
Type
Description
Neg Negative Declaration
Ð/WD Is proposing to install two Ion exchange wellhead water treatment units at Well 27. One unit
will remove nitrates, the other perchlorate. The project also Includes the addition of a sodium
hyperchlorite facility to disinfect water from the well. New pipelines and valves will be installed onsite
and within Marshall Boulevard. The nitrate and perchlorate removal facilities will have the ability to
treat up to about 800 gallons per minute (GPM) of water. The nitrate laden brine will be disposed of
either in the Santa Ana Regionallnterceplor (SARI Line) or possibly another industrial waste disposal
facility. The used resin from the perchlorate treatment facility will be biologically regenerated,
disinfected. stored, and eventually retumed to the perchlorate treatment units or disposed of at a
facility designated for such activities.
Lead Agency Contact
Name Paul Dolter
Agency East Valley Water District
Phone (909) 888-8986
email
Address 3654 E. Highland Avenue, Suite 18
CIty San Bernardino
Fax
State CA
ZIp 92346
..,
Project Location
County San Bernardino
CIty Highland
Region
Cross Streets Marshall Boulevard
Parcel No.
TownshIp 1 N
Range
4W
SectIon
25 .
Base
SBM
Proximity to:
HIghways 30
AIrports None
RaIlways None
Waterways None
Schools
Land Use Residential
Project Issues
AestheticNisual; Agricultural Land: Air Quality; Archaeologlc-Hlstoric; Economics/Jobs; Flood
Plain/Flooding; Forest Land/Flre Hazard; GeOlogic/Seismic; Growth Inducing; Landuse; Minerals;
Noise; Population/Housing Balance; Public Services; Schools/Universitles; Social; Soil
Eroslon/Compaction/Grading; Solid Waste; Toxic/Hazardous; Traffic/Circulation; Vegetation; Water
Quality; Water Supply; Wetland/Rlparian; Wildlife
Reviewing Resources Agency; Regional Water Quality Control Board, Region 8; Department of Parks and
Agencies Recreation; Native American Heritage Commission; Departmantof Health Services; Department of
Fish and Game, Region 6; Department of Water Resources; Caltrans, District 8; Department of Toxic
Substances Control; State Water Resources Control Board, Clean Water Program
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Date Received 10/12/2004
Start of Review 10/12/2004
End of Review 11/10/2004
lev 16 04 10:11a East Va11e~ Water
11/10/2.004 17:17 FAX 918 657 5nu "....."
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9098888986
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COMMENT LETTER #1
W' """TEap..""""'"""
NATIVE AMERICAN HERrrAG! COMMISSION
Q15CAPI'IOLMALL, ROOM:JfJ4
SACRAMENTO. CJi esel~
(1118)-
{916)$S7.53IIO.Fu
--....-
it
\IIo¥8n1bef 10, 2004
Mr. Paul 1)0101
Ea¡t Valley Wder DisllIcI
iI654 E. Highland ,......
Hghllll¥l, Ca 923<16
Re: NegaINe C_;¡!iøn; East Valkly WatBr DisIrtcI's Wel27 Wal... Treoùmenc Pruj8CI
SCH# 2QO41 01043
1-1
Deer Mr. Deft,,:
- Thank)lOll ror !he Cl lPClltlA'lilIII comment on the abet- elenlllQ,d døQument The 0cmIIIi8sIðrI- iIIIø 10 conducI a
s-ed lMIdl FiItII -- 011118 p 1)pClMd PftIÎ8CIarea, "'*'" IIIerØied no *OIdBd NaIMt AmertclJn - wiU1in \he I1Qject
-. Ho_r,tI1e III<:k 01 rwcøded sllesø.not pmeilldelheØQMlljlilythalcullllral_lIIIIfb8p-. To
8dequlll8ly _the !Ipocific: /81e1ed projoJe\ Impad& Oft cultural lllS0Ute8S. In accordance wth Ihø CI:O.' Guideln.s (1506S
(cI) (3), fl!g8l'd1nø the concIusIan lhallhe pro ec:t will cause no idemlll8ble ~ III clllural --.1IIe Commission
_rnendall1al all of lhelolOWlng acllonS be-.
þo eor-t 1118 8 IptOP1ÏIdO CalIfornia ItsIoric IIe$ourceo Information Cenler lor a reCOIII888/Cih. 1118..,,111 ~ wiI
delønnine:
II a p;ut or 8. of \he area 01 pro eat eIIecI (APE) has ~ PI1I\IIOUIIIy 8Uf\IIIVecI1Df cuIIur8I_.
\I any k- euIbnI- hIM aIr8acIy beeI'I-...d on or ~ 1111he ÞS'e.
1/ \118 PftIb8biiIy is bw. mcxf8f8la, «high 11181 0IIIIInI18IOUf1:8S.... ....".- In !he API:.
. If a SlIMly ill reqoiteå 10 oJIIoIønnifte WIIeIher PAlIIIcMiy ulftCOltlBd cul\Ul8l -- n pn!SIII\t.
). H an an:hMo!ogia81 ~ SUN8y 11"'1811, IhllIIneI .. is \he """,atallon of . proIessIonIIle IOIt ddalling \he
IIndIngs and recornmend8llons 01 \lie r-* search and field $UNey.
. 'The final rwpon conIaIn81g SII8 Iorms, lie SIgnIIIcMce. I11III miIIr¡aIion mN$Ur8fS should be suIItIIIIlCllmmedlately to
"'" planninG cIeøartmert. AIIlrwrmallørl ~",Íft aile facaIIans. NIIWa Ameñcan ""l\18li I'8IIIIIIns, .l1li 881DCÏ11ted
fun8rary oIIjecI8 IhouIIi be In a 58 I8r8I8 conlldenlilll addendum. and II1II be ~ alO8ilelll8lOr pubic cIGcIoaure.
. TIle IineI WIIbn IepOIt àOIIIcI be NImIIIed"""n 3 monIha - -- bewI camp eted to \he II I IftIpri.IIIW IonaI
arcIIa8oIOglc8llnlonndan Cerer.
» L8ck QI ~ evicIence 01 archeoIogIœI -- does II1II IIIICIIIde Ihtir subsuIf- 1I.IIsI J Q!.
. lad 8 encies shðr.dd n:Iudø in IhØ rnIIigaIIon pIr¡n IIIWisiQna for \lie 1derftIca\1on 8IICI evallIIIIiun of IICdcI8raaIy
~..-ed ~ 1880-' IIII: C81J0IIIÌII EIWi- Oualiy Ad ICEQAI "1iOØ4.5 (1). In -- of
ideldied arcll8eolagical ~. . c:tr\1Ii8d ardluoløgist 8IICI e cuIIu,.ny aIIIiaIed Naav. Al1WñcoIn. will ~
In cultural Ie-. should monlar all gft)uftd.dlsturblng 1ICIIv'Ates.
le8d agetC:Îetl shouIII cansider~. as defioJellln Sec1Î111115370 of !he ŒOA GUllI"'" when SIgniIIr:ant
oullural -- ÞD\IId be aIIec!ed by !he Iß pOAd pIOject .
. IMd egencies S/IOUId inc:IucIe in IIKtIr mftiglllon plan PlOvÌIiIIns far!he dlspooilian of _-.red 1IIIIIads, in CQIISUlIaIIon
willi CUfIufafIy affI1a\ed Native Amerleal1l.
Lftd aoenc:i8118hcllld Include pnMeiOha lor dIscrMry aI NIIi\fe An\eIIœn hUman I8I118ins and C8frIe!8Iies In Ibeir
mllgallcn pl8M. HeaIIh and S81~ Code §1050.5, CEQA §1S084.S Ie) and PIAIIIo R- Code §5œ7.88
malldal.1he IIDOeSC 10 IlflI'øI/owec In 1118 MIl of an 8CIdcSeIQI dIscow¡ry III any '-" ~ In a IOcaIIon OIlier
tllan a dedicated cemetery.
E8dy oonsullalicn wIIh dies In ,our - is \he best way 10 auold ~ dis:allelles onct a pIII eeIls ~y.
Enclosed is a 1íI:I 01 NaWe Arœrical'l$lnd~ lhal ~ haVlllInOwIIIIIgt III euIII.dI -- nine project
area. 'The CommlssiGn makes no recan'II11MIIaI 01 a single individual or IOIJ IfNel~. PIo!a» oontaa.. -- 1isIed; it
1hey cannot ~ YOU Yrtth IP\!CIic 1nfo111\8lioll. \hey rnøy lie _10 -end at~ willi speciIic koowItdga. By cxnacting
a8lhosell*ld, ,our organizallan wli be beIIer IIIIIe III røspond to Claims oIlallunllD COnsul. will Ihe ~!rIIe or IOu ).
If you have not reœlved a reaponse WftI\in I'M) weeka' tint. .. ~mrnønd 1118 you IoIIcw-up with a1elepl1one C3110 make
sura 1hal Ihe Intormallon was received.
cc:
~r'lZ .
PmgTIIm A
(91S) 653-625
Slale ClearinghOuse
Nov ,¡/~u?~u.12.'.~~~~ ...E~,;;;t..'!.:,lle~ 1J~.!:..~r
sosaaaSS8S
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Native American Comacts
San Bernardino County
November 10, 2004
San Manuel Band of MIssion Indians
Oeron Marquez, Chairperson
ÇlO Box 266
Patton ' CA 92369
dmarQyez@sanrnanuel-nsn.
(909) 864-8933 eXT .3070
(909) 864-3370 Fax
Serrano
San Femando Band of Mission Indians
John Valenzuela, Chairperson
P.O. Box 221838
Newhall . CA 91 S22
1Sen2U2@!msn.com
(661) 753-9833 Office
(760) 885-0955 Cell
(760) 949-2103 Home
Morongo Band of MIssion Indians
Britt W. Wilson, Cultural Resource Coordinator
~45 N. Murray Street, Suite C Cahuilla
Banning , CA 92220 Serrano
Iil!:..W¡I80n@mofOngo,QIg
¥S1) 849-8807
(951) 755-5200
(951) 922-8146 Fax
San Manuel Band of MìsSion Indians
Bernadette Brierty. Cultural Resources Coordinator
PO Box 266 Serrano
Patton ' CA 92'369
t;lbriertY(§ saornaouel-nsn .!JOV
(909) 864-8933 EXT-2203"
(909) 864-3370 Fax
Femandeño
Tataviam
Serrano
Vanyume
Kitanemuk
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""'8 ,!at II Cllnent OldY II III' tl'll-IJ/t III" -
~Ibllllod of _l1li - IIØt ..1.... 8ny ~ aI' -oy .....,.....,DIIRy.. -- In Sec!kH> 7UIiIt.S """ _IN!
SIIIC\J'~' --. _.1M "'Ihe --- - _SoootIOn!lOl7.se ""........blic --_.
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Response to Comment Letter #1
Native American Heritage Commission
The project site is an existing well site that was developed over 70 years ago, The site has
been graded, leveled, filled, and no natural ground surface or topography has existed for
many years. The site is subject to ongoing disturbance by East Valley Water District
(EVWD) activities. The site is not identified as an area of archaeological sensitivity in the
City of San Bernardino General Plan which covers the project area. Due to past and
ongoing disturbance of the site, no surface or near surface cultural resources have been
identified onsite.
The project will result in some minor excavations (up to about 4 feet) for pipelines and
footings for the ion exchange units. The project includes mitigation measures that require
that work be halted if subsurface resources are encountered during construction. The
measures include having a qualified archaeologist evaluate any find and make recommen-
dations on the appropriate method of mitigating potential impacts to such resources if
encountered. At your request, EVWD met with representatives from the San Manuel Band
of Mission Indians (SMBMI) at the site. Upon review of the site and project, Mr. Rick
Garcia, Environmental Protection Technician for 5MBMI concurred with the findings ofthe
Initial Study I Negative Declaration. To further mitigate the potential for impacts, 5MBMI
will be notified of the construction schedule so that a representative of the tribe can be
present onsite during excavations if they so choose. It remains EVWD's opinion that the
proposed Mitigated Negative Declaration is the appropriate CEQA determination for this
project.
Mitigated Negative Declaration
,.."
Lead Agency:
East Valley Water District (EVWD)
3654 E. Highland Avenue, Suite 18 (POB 3427)
Highland, CA 92346
Contact: Mr. Paul Dolter, P.E.
Phone (909) 888-8986
Project Title:
EAST VALLEY WATER DISTRICT'S (EVWD) WELL 27
WATER TREATMENT PROJECT
State Clearinghouse Number: SCH #2004101043
Project Location: Northeast 1/4 Section 25, TiN, R4W SBM near the City of Highland, County of San Bernardino
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Project Description: EVWD is proposing to install two ion exchange wellhead water treatment units at Well 27.
One unit will remove nitrates, the other perchlorate. The project also includes the addition of a sodium hyperchlorite
facility to disinfect water from the well. New pipelines and valves will be installed onsite and within Marshall
Boulevard. The nitrate and perchlorate removal facilities will have the ability to treat up to about 800 gallons per
minute (gpm) of water. The nitrate laden brine will be disposed of either in the Santa Ana Regional Interceptor
(SARI Line) or possibly another industrial waste disposal facility. The used resin from the perchlorate treatment
facility will be biologically regenerated, disinfected, stored, and eventually returned to the perchlorate treatment units
or disposed of at a facility designated for such activities.
Finding: EVWD's decision to implement this well rehabilitation project is a discretionary decision or "project" that
requires evaluation under the California Environmental Quality Act (CEQA). This mitigated negative declaration
is the East Valley Water District's CEQA determination for this project.
Initial Study: Copies of the Initial Study are available for public review at the East Valley Water District, 3654 E.
Highland Avenue, Suite 18, Highland, CA 92346. The public review period for the Initial Study closed on November
10,2004.
Mitigation Measures: All mitigation measures identified in the Initial Study have been adopted as conditions of the
project and will be implemented through a mitigation monitoring and reporting program adopted with the Negative
Declaration.
Signature (Public Agency)
Date
Title
~
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Mitigation Monitoring I Reporting Program
for East Valley Water District
Well 27 Water Treatment Project
Introduction
This mitigation monitoring and compliance program has been prepared for use by the East Valley
Water District (EVWD or District) as it implements mitigation measures for this project. This
program has been prepared in compliance with the California Environmental Quality Act (CEQA)
and the State and Agency CEQA Guidelines.
Assembly Bill 3180, effective January 1, 1989, required adoption of a reporting or monitoring
program forthose measures or conditions imposed on a project to mitigate or avoid adverse effects
on the environment. The law states that the monitoring or reporting program shall be designed to
ensure compliance during project implementation.
The monitoring program contains the following elements:
1.
The mitigation measures are recorded with the action and procedure necessary to ensure
compliance. In some instances, one action may be used to verify implementation of
measures, such as grading plan review and erosion control plan review.
2.
A procedure for compliance and verification has been outlined for each mandatory
mitigation action. This procedure designates who will take the action, what action will be
taken and when, and to whom and when compliance will be reported.
3.
The program contains a separate Mitigation Monitoring and Compliance Record for each
action. On each of these record sheets, the pertinent actions and dates will be logged, and
copies of permits, correspondence or other relevant data will be attached. Copies of the
records will be retained by the District as part of its project files.
The program has been designed to be flexible. As monitoring progresses, changes to
compliance procedures may be necessary based upon recommendations by those
responsible for the program. If changes are made, new monitoring compliance procedures
and records will be developed and incorporated into the program. The total program,
including any modifications, will be retained by the District as part of the project files.
4.
The individual measures and the accompanying monitoringlreporting actions follow. They are
numbered in the same sequence as presented in the Project Initial Study.
EV-O70lMMRP
-1-
MITIGATION MEASURE
.......
All above-ground structures shall be covered with neutral, non-reflective coatings that blend
with surrounding uses and color schemes.
1-1
IMPLEMENTATION AND VERIFICATION
This requirement shall be included in the contract with the construction contractor.
1.
Verification shall be provided by District inspectors.
2.
COMPLIANCE RECORD
Copies of the contract shall be kept in the project file at the District's office.
1.
Copies of the inspection reports shall be kept in the project file at the District's office.
2.
WHEN REQUIRED
Prior to construction.
1.
Prior to acceptance of the facilities and final payment to the contractor.
2.
COMMENTS
..,
VERIFICATION BY:
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EV-o70lMMRP
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MITIGATION MEASURE
111-1
The District's contract with the contractors shall require the contractor to provide verification
that all equipment is in proper tune per the manufacturer's recommendation.
IMPLEMENTATION AND VERIFICATION
1.
A copy of the contract shall be kept in the project file at the District.
2.
A copy of equipment maintenance records shall be provided to the District by the
contractor.
COMPLIANCE RECORD
1.
Copies of these documents shall be kept in the project file at the District's office.
WHEN REQUIRED
1.
Prior to the start of construction.
COMMENTS
VERIFICATION BY:
- -------- -------- - -
EV-O70IMMRP
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MITIGATION MEASURE
V-1
2.
In the event cultural resources are encountered during construction of these water facilities,
activities in the immediate area of the finds should be halted and an onsite inspection
should be performed immediately by a qualified archaeologist or paleontologist. This
professional will be able to assess the find, determine its significance, and make
recommendations for appropriate mitigation measures within the guidelines ofthe California
Environmental Quality Act andlor the Federal National Policy Act.
IMPLEMENTATION AND VERIFICATION
1.
This requirement shall be included in the contract with the construction contractor.
Compliance shall be verified by District staff.
COMPLIANCE RECORD
1.
Copies of the contract shall be kept in the project file at the District's office.
2.
Copies of the inspection reports or reports of any actions taken shall be kept in the project
file at the District's office.
WHEN REQUIRED
2.
1.
Prior to construction.
Ongoing during construction.
COMMENTS
VERIFICATION BY:
-------,-~,- ~,
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EV-O70/MMRP
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MITIGATION MEASURE
VI-1
The District shall require the construction contractor(s) to implement Best Management
Practices (BMPs) to prevent construction pollutants and erosion from contacting stormwater
at the well site and pipe alignment. BMPs to be implemented include:
The length of trench which can be left open at any given time should be limited to that
needed to reasonably perform construction activities. This will serve to reduce the
amount of backfill stored onsite at any given time.
Backfill material should not be stored in areas which are subject to the erosive flow
of water.
Measures such as the use of straw bales, sandbags or silt fencing should be used to
capture and hold eroded material on the project site for future cleanup.
A spill prevention and cleanup plan for petroleum products.
IMPLEMENTATION AND VERIFICATION
1.
This requirement shall be included in the contract with the construction contractor. The
District shall review and approve the BMPs proposed.
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2.
Verification shall be provided by District inspectors.
COMPLIANCE RECORD
1.
Copies of the contract shall be kept in the project file at the District's office.
2.
Copies of the inspection reports shall be kept in the project file at the District's office.
WHEN REQUIRED
1.
Prior to construction.
2.
Ongoing during construction.
COMMENTS
VERIFICATION BY:
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EV-o70IMMRP
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MITIGATION MEASURE
XI-1
The District shall require that non-well drilling construction activities be limited to the hours
of 7 a.m. to 7 p.m., Monday through Saturday.
IMPLEMENTATION AND VERIFICATION
2.
1.
The District's contract with the construction contractor shall contain this requirement.
Verification shall be provided during inspections by District staff. The inspector reports shall
include identification of any violations and the remedial actions taken.
COMPLIANCE RECORD
2.
1.
A copy of the contract shall be kept in the project file at the District's office.
Copies of the inspection reports shall be kept in the project file at the District's office.
WHEN REQUIRED
1.
Prior to the start of construction and ongoing during construction activities.
2.
Ongoing during construction.
COMMENTS
VERIFICATION BY:
--_no -.--
EV.o70/MMRP
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MITIGATION MEASURE
XI-2
The District shall respond to any noise complaints received for this project by measuring
noise levels at the affected receptor. If the noise level exceeds an Ldn of 60 dBA exterior
or an Ldn of 45 dBA interior at the receptor, the District shall implement adequate measures
such as the use of noise attenuation curtains or enclosing equipment within structures to
reduce noise levels to the greatest extent feasible.
IMPLEMENTATION AND VERIFICATION
1.
Copies of any noise complaints and identification of actions taken by the District staff shall
be kept in the project file at the District's office.
COMPLIANCE RECORD
1.
Copies of all complaints and the actions taken by District staff shall be kept in the project
file at the District's office.
WHEN REQUIRED
1.
Ongoing during construction and operation of these facilities.
COMMENTS
VERIFICATION BY:
--------
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EV-O70IMMRP
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MITIGATION MEASURE
XV-1 The District shall review and approve a construction traffic management plan for work in
public roads that complies with the Work Area Traffic Control Handbook or other applicable
standards to provide adequate traffic control and safety during construction activities.
IMPLEMENTATION AND VERIFICATION
1.
The District shall review and approve a traffic management plan prior to work being
performed in public roads.
Verification of compliance with the plan shall be provided by District inspectors.
2.
COMPLIANCE RECORD
1.
A copy of the traffic management plan shall be kept in the project file at the District's office.
2.
Copies of the inspection reports shall be kept in the project file at the District's office.
WHEN REQUIRED
1.
The traffic management plan shall be reviewed and approved prior to the start of work in
public roads.
2.
Inspection shall be ongoing throughout construction.
COMMENTS
VERIFICATION BY:
- - -- --
EV.o70lMMRP
.8-
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MITIGATION MEASURE
XV-2 The District shall require the pipeline contractor to properly backfill and compact excavated
areas. The District shall also require that all disturbances to public roadways be repaired
in a manner that complies with the Standard Specifications for Public Works Construction
(green book) or other applicable standards.
IMPLEMENTATION AND VERIFICATION
1.
Construction plans shall incorporate this requirement.
2.
Verification shall be provided by District inspectors.
COMPLIANCE RECORD
1.
Copies of the construction plans shall be kept in the project file at the District's office.
2.
Copies of the inspection reports shall be kept in the project file at the District's office.
WHEN REQUIRED
1.
The construction plans shall be reviewed and approved prior to the start of construction.
2.
Inspection shall be ongoing throughout construction.
COMMENTS
VERIFICATION BY:
EV-O70/MMRP
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'-'
CALIFORNIA DEPARTMENT OF FISH AND GAME
CERTIFICATE OF FEE EXEMPTION
De Minimis Impact Finding
Project Title I Location (include county):
East Valley Water District's (EVWD) Well 27 Water Treatment Project
Northeast 1/4 Section 25, TIN, R4W SBM, Highland area of the County of San Bernardino
Project Description:
EVWD is proposing to install two ion exchange wellhead water treatment units at Well 27.
One unit will remove nitrates, the other perchlorate. The project also includes the addition
of a sodium hyperchlorite facility to disinfect water from the well. New pipelines and
valves will be installed onsite and within Marshall Boulevard. The nitrate and perchlorate
removal facilities will have the ability to treat up to about 800 gallons per minute (gpm) of
water. The nitrate laden brine will be disposed of either in the Santa Ana Regional Inter-
ceptor (SARI Line) or possibly another industrial waste disposal facility. The used resin
from the perchlorate treatment facility will be biological1y regenerated, disinfected, stored,
and eventually returned to the perchlorate treatment units or disposed of at a facility
designated for such activities.
~
Findings of Exemption (attach as necessary):
EVWD provides water service to existing development in a highly urbanized area of the
cities of Highland and San Bernardino. No natural topography or native vegetation or
habitat exists on or near the site. System improvements (treatment units, pipelines, etc.) will
be placed on the existing Well 27 site and existing roads. No wildlife or native habitat will
be affected by this project.
Certification:
I hereby certify that the public agency has made the above finding and that the project will not identify or
cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game
Code.
Mr. Robert Martin
Title:
General Manager
Lead Agency:
East Vallev Water District
,..,
Date:
........
East Valley Water District
Balance Sheet - Unaudited
December 31, 2004
ASSETS
UTILITY PLANT. at cost:
Utility plant in service - water department
Utility plant in service - sewer department
$84,608,387
22,276,277
106,884,665
less: Accumulated depreciation
(32,160,926)
74,723,738
5,071,372
1,884,686
Construction in progress
land held for resale
81,679,797
RESTRICTED ASSETS:
Water department - bond funds - cash in bank
Certificate of Participation reserved funds - cash in bank
Reserved funds - designations - cash in bank
6,475
10,169,731
2,186,450
,...,
12,362,656
CURRENT ASSETS:
Cash and Investments
less: Restricted Cash and Investments
Accounts receivable (net of allowance)
Other receivables (net of allowance)
Inventory
Prepaid expenses
20,569,822
12,362,656
8,207,165
1,128,839
47,335
910,747
518,668
10,812,755
OTHER ASSETS AND DEFERRED COSTS (Net of Amortization):
Bond discount and incidental bond expenses
Deferred financing charges
19,523
347,418
366,941
$105,222,149
TOTAL ASSETS
...,
........
East Valley Water District
Balance Sheet - Unaudited
December 31, 2004
LIABILITIES AND EQUITY
LONG. TERM DEBT:
Certificates of Participation due after one year
Installment payment obligation
Less: Deferred amount on refunding of COPs
$10,940,979
10,000,000
(599,834)
20,341,145
CURRENT LIABILITIES:
Accounts Payable
Accrued payroll and benefits
Customer service deposits
Deferred Rental Income
Accrued interest payable
Deposits - refundable
Certificates of Participation due within one year
1,420,684
464,655
1.291,430
2,500
6,475
361,100
1,726,266
5,273,110
~
25,614,255
TOTAL LIABILITIES
EQUITY:
Contributed capital:
Invested in utility plant
Other contributed capital
Retained earnings:
Reserved for water bond funds
Reserved for emergencies
Reserved for unempioyment insurance
29,028,411
3,695,064
Unreserved
Net Income for current year
TOTAL EQUITY
6,475
2,170,000
16,450
41,519,146
3,172,348
79,607,894
$105,222,149
TOTAL LIABILITIES AND EQUITY
1IW
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East Valley Water District
Statement Of Revenues And Expenditures. Unaudited
For the Six Months Endjng December 31, 2004
:,," ',,', ';":' D<!éèmijer" -:C, ""':C'",F,-: ,: ,,:' ,,:',:, :"
Actual Budaet Variance Actual Variance
OPERATING REVENUES:
Water Sales & Services $803,797 $924,600 ($120,803) $6,423,388 $6,599,500 ($176,112)
Sewer Services 625,084 638,966 (13,882) 4,049,106 3,884,000 165,106
1,428,881 1,563,566 (134,685) 10,472,494 10,483,500 (11,006)
OPERATING EXPENSES:
SOURCE OF SUPPLY 95,336 67,900 (27,436) 289,269 238,000 (51,269)
PUMPING PLANT 183,278 241,900 58622 1,459,792 1,667,500 207,708
WATER TREATMENT 36,462 37,634 1,172 201,663 228,000 26,337
SEWER TREATMENT - City of SB 424,791 439,750 14,959 2,705,260 2,638,500 (66,760)
TRANSMISSION & DISTRIBUTION 65,637 53,234 (12,403) 341,113 325,000 (16,113)
CUSTOMER ACCOUNTS - Meier Shop 38,052 30,983 (7,069) 191,801 186,000 (5,W
SEWAGE COLLECTION 29,377 26,950 (2427) 135,318 162500 27,182
ADMINISTRATIVE & GENERAL
Supervision and labor 182,276 119,065 (63,211) 787,548 718,000 (69,548)
Directors Fees & Expenses 4,319 8,510 4,191 31,289 51,500 20,211
Utílíties & Telephone 10,687 15,475 4,788 60,487 93,250 32,763
Office Supplies & Expenses 14,156 22,600 8,444 159,861 137,025 (22,836)
Facililies & Equipment Expenses 73,031 31,000 (42,031) 336,932 184,500 (152,432)
Other Contracted Services 1,230 11,650 10,420 1,230 70,000 68,770
Oulside Storage Rental 594 (594) 5,124 (5,124)
Professional Services 54,271 30,450 (23,821) 193,326 175,500 (17,826)
Regulatory & Compliance 1,290 2,700 1,410 9,096 16,750 7,654
Employee Programs 7,043 1,000 (6,043) 18,420 6,500 (11,920)
General Insurance 47,405 35,400 (12,005) 252,863 212,500 (40,363)
Employee Benefits 95,209 81,000 (14,209) 620,614 486,000 (134,614)
Ed u ca t ion I Semi n arsl Conferences 3,030 7,650 4,620 28,527 45,000 16,473
Miscellaneous 2,420 3,550 1,130 14,261 21,000 6,739
Tolal General and Administrative 496,961 370,050 (126,911) 2,519,578 2,217,525 (302,053)
Total Operating Expenses 1,369,894 1,268,401 /101,493) 7,843,793 7,663,025 /180,768)
OPERATING INCOME 58,987 295,165 /236,178) 2,628,701 2,820,475 /191,774)
(
NON-OPERATING ACTIVITY:
Revenues:
Inlerest Income
Other Income
Gain on Sale of Fixed Assets
Expenses:
Amortization of bond discount
Amortizalion of COP issue/refund costs
Debt Service:
1996 COP Prinicpal
2001 COP Principal
Inlereslon L T Debt
Tolal Debt Service
Capital Expenditures:
Wells
Pumping Plant
Treatment Plant
Reservoirs & Tanks
Pipeline-Water
Pipeline-Sewer
Meters & Services
Buildings
Vehicles & General Equipment
Office Furniture & Equipment
EXCESS OF REVENUE
OVER EXPENDITURES:
Add Back Capital Expenditures & Principal
NET INCOME
(
East Valley Water District
Statement Of Revenues And Expenditures - Unaudjted
For the Six Months Endjng December 31, 2004
"A~t;;;.r ,;." ;De::,j~2~i,~;
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varianè.
$5,706
197,494
$35,000
63,046
($29,294)
134,448
203,200
98,046
(105,154)
305
9,536
9,941
(305)
(9,536)
(9,841)
680,000
610,000
320,281
680,000
610,000
320,841
560
1,610,281
1,610,841
560
8,797
12,660
1,988
301,955
8,825
10,428
17,994
(8,797)
(12,660)
8,100
9,512
(246,955)
19,175
16,072
2,006
150,000
2,647
2,353
8,100
11,500
55,000
28,000
26,500
20,000
150,000
5,000
365,000
304,100
(60,900)
(1,722,935)
(1,521,730)
(201,205)
1,655,000
1,594,100
(60,900)
(140,305)
(67,935)
72,370
$63,567
574,346
228,787
866,700
1,830
57,218
59,048
680,000
610,000
264,005
1,554,005
240,745
70,417
2,288
631,D46
18,992
112,032
107,779
57,009
23,743
1,2.64ß50
618,298
2,554,050
3,172,348
$85,000
430,500
($21,433)
143,846
228,787
(351,200)
515,500
(1,830)
(57,218)
(~MID
680,000
610,000
320,841
56,836
1 , 6JQ,84 1
56,836
49,000
69,000
327,000
170,000
157,000
80,000
185,000
25,000
(240,745)
(70,417)
49,000
66,712
(304,046)
151,008
44,968
(27,779)
127,991
1,257
1,062,000
(2Q.~,Q§Q)
663,134
(44,836)
2,352,000
(202,050)
157,214
3,()~134
.........
Memorandum
To: Bob Martin, General Manager; Paul Dolter, District Engineer
From: Ron Buchwald, Assistant District Engineer \?~ Ilil IDs
Date: 01/21/05
Re:
Material Procurement for the 6th Street and Sterling Pipeline
Submitted with this memorandum is the piping material procurement package for
the Sterling Pipeline project. This project consists of building a 36-inch pipeline
along Sterling Avenue from 6th Street to Date Street and along 6th Street from Del
Rosa Drive to Lankershim Avenue. This project will give the District a head start in
being able to handle the potential perchlorate MCL of 6 ppb as well as distribute
water throughout the Lower and Intermediate pressure zones for future growth.
~
This package consists of the specifications to go to bid for the purchase of the
pipeline materials for this project. Also included is the "opinion of probable cost" or
Engineer's Estimate for all the materials for this project. The costs are broken down
to material cost for the 36-inch pipeline and fittings, cost for all other material
(valves, smaller size pipelines and fittings), and a table of high, low and average
costs. It is anticipated that the actual cost of these materials will be at or lower than
the average cost shown.
~
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East Valley Water District
Sterling Avenue Pipe Procurement
Summary of Supplier Quotations
AMERICAN PIPE U. S. PIPE GRIFFIN PIPE AVERAGE
Pine & Filtinas Unit Cost Total Unil Cost Tolal Unit Cost Total Total
36-ínch Class 150 10,400 LF $ 86.97 $ 904,488.00 $ 86.33 $ 897,832.00 $ 119.68 $ 1,244,672.00 $ 1,015,664.00
36-inch Restrained Class 150 5,010 LF $ 125.18 $ 627,151.80 $ 124.54 $ 623,945.40 $ 149.68 $ 749,896.80 $ 666,998.00
30-inch Class 150 620 LF $ 63.65 $ 39,463.00 $ 61.33 $ 38,024.60 $ 93.60 $ 58,032.00 $ 45,173.20
30-inch Restrained Class 150 515 LF $ 91.65 $ 47,199.75 $ 87.99 $ 45,314.85 $ 123.60 $ 63,654.00 $ 52,056.20
36-inch x 30-inch Eccenlric Reducer 1 EA $ 6,234.00 $ 6,234.00 $ 5,490.50 $ 5,490.50 $ 7,513.00 $ 7,513.00 $ 6,412.50
36-incll 90' Elbows 1 EA $ 5,490.00 $ 5,490.00 $ 8,131.00 $ 8,131.00 $ 6,010.00 $ 6,010.00 $ 6,543.67
36-lnch 45' Elbows 8 EA $ 4,236.00 $ 33,888.00 $ 5,534.50 $ 44,276.00 $ 4,656.50 $ 37,252.00 $ 38,472.00
36-inch 22.5' Elbows 10 EA $ 3,717.00 $ 37,170.00 $ 5,505.00 $ 55,050.00 $4,753.00 $ 47,530.00 $ 46,583.33
30-inch 22.5' Elbnws 4 EA $ 2,688.00 $ 10,752.00 $ 3,872.50 $ 15,490.00 $2,778.50 $ 11,114.00 $ 12,452.00
36-inch x 36-lnch x 36-inch Tee (FLG x FLG) 1 EA $ 9,252.00 $ 9,252.00 $ 7,347.00 $ 7,347.00 $ 7,881.00 $ 7,881.00 $ 8,160.00
36-inch x 36-fnch x 36-inch Tees (PO x PO x FLG 6 EA $11,745.00 $ 70,470.00 $ 11 ,662.50 $ 69,975.00 $ 9,000.00 $ 54,000.00 $ 64,815.00
36-inch x 36-inch x 36-inch Tee (PO x PO x FLG) 1 EA $11,745.00 $ 11,745.00 $ 11,662.50 $ 11,662.50 $ 8,750.00 $ 8,750.00 $ 10,719.17
(Restrained Joint)
36-inch x 36-inch x 16-inch Tee (PO x PO) 2 EA $ 8,226.00 $ 16,452.00 $ 7,908.60 $ 15,817.20 $ 8,750.00 $ 17,500.00 $ 16,589.73
(Restrained Joint)
36-inch x 36-inch x 10-inch Tee (PO x PO) (Restrain 2 EA $ 8,043.00 $ 16,086.00 $ 7,671.00 $ 15,342.00 $ 8,500.00 $ 17,000.00 $ 16,142.67
Branch)
36-lnch x 36-inch x 1 O-inch Tee (PO x PO) 1 EA $ 8,043.00 $ 8,043.00 $ 7,671.00 $ 7,671.00 $ 8,500.00 $ 8,500.00 $ 8,071.33
(Restrained Joint)
36-inch x 36-inch x 8-inch Tee (PO x PO) (Restrained 4 EA $ 7,956.00 $ 31,824.00 $ 7,611.50 $ 30,446.00 $7,750.00 $ 31,000.00 $ 31,090.00
Joint)
36-inch x 36-inch x 8-inch Tee (FLG x FLG) 26 EA $ 6,219.00 $ 161,694.00 $ 5,467.50 $ 142,155.00 $ 7,750.00 $ 201,500.00 $ 168,449.67
(Restrained Joint)
36-inch x 36-inch x 8-inch Tee (PO x PO x FLG) 3 EA $ 7,956.00 $ 23,868.00 $ 7,611.50 $ 22,834.50 $ 7,750.00 $ 23.250.00 $ 23,317.50
30-inch x 3O-inch x 16-inch Tee (PO x PO) 1 EA $ 6,068.00 $ 6,068.00 $ 5,356.00 $ 5,356.00 $ 3,000.00 $ 3,000.00 $ 4,808.00
(Restrained Joint)
30-inch x 30-inch x 8-inch Tee (PO x PO x FLG) 3 EA $ 5,772.00 $ 17,316.00 $ 5,045.00 $ 15,135.00 $ 2,250.00 $ 6,750.00 $ 13,067.00
(Restrained Joint)
SUBTOTAL $ 2,084,654.55 $ 2,077,295.55 $ 2,604,804.80 $ 2,255,584.97
Continoencv (10% $ 208,465.46 $ 207,729.56 $ 26 .48 $ 225,558.50
SUBTOTAL $ 2293,120.01 $ 2,285,025.11 $2 .28 $ 2,481 143.46
Tax 7.75% $ 177,716.80 $ 177,089.45 $ .61 $ 192,288.62
TOTAL $ 2,470,836.81 $ 2,462,114.55 $ 3,087,344.89 $ 2,673,432.08
COM
1/1912005
,......
East Valley Water District
Sterling Avenue Pipe Procurement
Summery of Supplier Quotation.
MUELLER DEZURIK AVEI'AGE
Llno Valve. UnllCosl Total Unit Cost Total Total
36-inch BFV IFI xFl) 9 EA $15.237.00 $137133.00 $1847D.00 $186230.00 $151681.50
3o-inch BFV (FI xFl 1 EA $12.524.00 $12524.00 $14322.00 $14322.00 $13423.00
16-lnch BFV (FI xFl 3 EA $2 789.00 $8 307.00 $8267.00 $24801.00 $18554.00
10-lnch BFV (FI xFl 3 EA $1 044.00 $3 132.00 $3 957.00 $11871.00 $7501.50
8~nch BFV FI xFl 8 EA $726.00 $5.808.00 $3.710.00 $29,680.00 $17.744.00
SUBTOTAL $166904.00 $246.904.00 $206.904.00
Continooncv , 10%\ $16690.40 $24890.40 ~20 690.4D
SUBTOTAL $183 594.40 $271 594.40 $227 594.40
Tax (1.75% $14,228.57 $21,048.57 $17,638.57
TOTAL $197,822,97 $292,642.97 $245 232.97
Vanl 0 Mal Cria In AVERAGE
Air Valvoo Unit Cost Total Unit Cost Total Total
6' Air Vacuum RaUal/Air Release I 14 EA $2,400.00 I $33 600.00 $1 700.00 $23 800.00 $28 700.00
2' Air Ralease I 7 EA $550.00 I $3.850.00 $450.00 $3.150.00 $3.500.00
SUBTOTAL $37450.00 $26950.00 $32 200.00
Continoencv 11 0% $3.745.00 $2 695.00 $3 220.00
SUBTOTAL $41195.DO $29 645.00 $35.420.00
Tax .75%) $3,192.61 $2.297.49 $2.745.05
TOTAL $ 44 387.61 $ 31,942.49 $ 36165.05
w
Mise Valve. & Flnlna. Unit Cost Total
8~nch GV (FIg x Fig) [Blawalf]'l1 13 EA $649.00 $8.437.00
2O-inch Tapping Sleeve & 16' Valve.' 2 EA $3,800.00 $7,600.00
12-/nch Tapplnn Sleave & 10' Va^", '" 3 EA $1.950.00 $5,850.00
lO-inch Taoplng Sleeve & 8' Valve '" 1 EA $1,300.00 $1,300.00
SUBTOTAL $23187.00
Continoen 10% $2318.70
SUBTOTAL $25505.70
Tax 7.75% $1.976.69
TOTAL $ 27,482.39
11) OU,"""" MI SU""',.","'". eo.l""OV_I~__.
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East Valley Water District
Sterling Avenue Pipe Procurement
Summary of Supplier Quotations
I High Estimate I Low Estimate I Average Estimate
Pipe & Fittings $ 3,087,345 $ 2,462,115 $ 2,673,432
Line Valves $ 292,643 $ 197,823 $ 245,233
Air Valves $ 44,388 $ 31,942 $ 38,165
Misc Valves and Fittings $ 27,482 $ 27,482 $ 27,482
TOTAL $ 3,451,858 $ 2,719,362 $ 2,984,312
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= East Valley Water District
..
= Sterling Avenue Pipe Procurement
-
.. .~ January 2005
~ Pre-Final Submittal
..
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Preparedfor:
East Valley Water District
3654 East Highland Avenue, Suite 18
Highland, California 92346-2607
Prepared by:
Camp Dresser & McKee Inc.
2920 Inland Empire Boulevard, Suite 108
Ontario, California 91764-4802
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East Valley Water District
Sterling Avenue Pipe Procurement
January 2005
Pre-Final Submittal
Preparedfor:
East Valley Water District
3654 East Highland Avenue, Suite 18
HigWand, California 92346-2607
Prepared by:
Camp Dresser & McKee Inc.
2920 Inland Empire Boulevard, Suite 108
Ontario, California 91764-4802
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East Valley Water District
Sterling Avenue Pipe Procurement
TABLE OF CONTENTS
FOR CONSTRUCTION OF:
Perchlorate Treatment Project
Sterling Pipeline
Specification Name
Section Number
Division 00 - Contract
Invitation to Bid...................................................................................................................00020
Instruction to Bidders """""""""""""""""""""""""""""""""""'".................................00100
Bid Fonn """"""""""""""""""""""""""""""""""""""'"..............................................00300
Agreement """"""""""""""""""""""""""""""""""""'"...............................................00500
Perfonnance Bond """"""""""""""""""""""""""""""""""""""".................................00610
Standard General Conditions for Procurement Contracts ....................................................00700
Procurement Supplementary Conditions..............................................................................00800
Division 02 - Civil
Ductile Iron Pipe and Fittings..............................................................................................02616
Appendix A
Plan and Profile Drawings
Table of Contents
TOC-i
P:\2706 - EVWD\43734 . PipelineI7PROI00c14Specs\DIP Procuremcn~TOC.doc
lanullly 18, 2005
East Valley Water District
Sterling Avenue Pipe Procurement
This Page Intentionally Left Blank
Table of Contents
TOC-ii
P:\2706 - EVWD\43734 - Pipeline\7PROJDOCI4SpecsIDIP Procutemen~TOC.doc
January 18, 2005
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East Valley Water District
Sterling Avenue Pipe Procurement
SECTION 00020
INVITATION TO BID
Sealed Bids for furnishing and delivering of Ductile Iron Pipe and Fittings will be received by the East
Valley Water District (sometimes referred to as Owner), 3654 East Highland Avenue, Suite 18, Highland,
California 92346-2607 until 2:00 PM, February 14,2005 and at that time and place bids will be publicly
opened and read aloud.
The work includes fumishing and delivering approximately 10,500 If of 36", 5,000 If of restrained 36",
600 Ifof30" and 500 If of restrained 30" Ductile Iron Water Pipe to the East Valley Water District,
Highland, California.
Procurement Documents may be examined andlor obtained, for no cost, at the office of the Owner at 3654
East Highland Avenue, Suite 18, Highland, California 92346-2607, 909-888.8986.
Bidders requesting Procurement Documents by mail shall include a non-refundable check payable to East
Valley Water District in the amount of$25 per set to cover costs of reproduction, handling, and mailing.
Each Bid shall be submitted in accordance with the Instructions to Bidders and be accompanied by a Bid
Security in the amount of 10 percent of the total Bid.
Bidders may not withdraw their Bids for a period of90 days, after the actual date of the opening of the
Bids.
The Successful Bidder must furnish a 100 percent Performance Bond with a surety company acceptable to
the Owner.
Complete instructions for filing Bids are included in the Instructions to Bidders.
Bidder shall state a firm delivery schedule.
Delivery shall be F.O.B. to the Owner'sjob site, San Bernardino, California.
The Owner reserves the right to waive any informality in or to reject any or all Bids if deemed to be in its
best interest.
East Valley Water District
3654 East Highland Avenue, Suite 18
Highland, California 92346-2607
909-888-8986
Invitation to Bid
00020-1
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East Valley Water District
Sterling Avenue Pipe Procurement
This Page Intentionally Left Blank
Invitation to Bid
00020-2
P.\2706. EVWDI<3734. Pi"'œl7PROJD004S",,'DIP Pro<u~='tlOOO20 NIB.d~
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East Valley Water District
Sterling Avenue Pipe Procurement
SECTION 00100
INSTRUCTIONS TO BIDDERS
ARTICLE 1. QUALIFICATIONS OF BIDDERS
1.1 Bidders may be investigated by OWNER to determine if they are qualified to deliver the Goods and
Services. All Bidders shall be prepared to submit within five days of OWNER's request, written
evidence of such information and data necessary to make this determination.
1.2 The investigation of a Bidder by the owner will seek to determine whether the organization is adequate
in size, has had previous experience performing similar work and whether available equipment and
financial resources are adequate to assure OWNER that the Goods and Services will be delivered in
accordance with the terms ofthe Agreement.
1.3 In evaluating Bids, OWNER will consider the qualifications of only those Bidders whose Bids are in
compliance with the prescribed requirements.
1.4 OWNER reserves the right to reject any Bid if the evidence submitted by, or the investigation of, such
Bidder fails to satisfY OWNER that such Bidder is properly qualified to carry out the obligations of the
Procurement Documents and to complete the Goods and Services contemplated therein.
ARTICLE 2. COPIES OF PROCUREMENT DOCUMENTS
2.1 Complete sets of Procurement Documents shall be used in preparing Bids; the OWNER assumes no
responsibility for errors or misinterpretations resulting from the use of incomplete sets of Procurement
Documents.
2.2 The OWNER in making copies of Procurement Documents available does so only for the purpose of
obtaining Bids on the Work and does not confer a license or grant for any other use.
ARTICLE 3. EXAMINATION OF PROCUREMENT DOCUMENTS
3.1 Before submitting a Bid, each Bidder must (a) examine the Procurement Documents thoroughly, (b)
become familiar with Federal, State and local laws, ordinances, rules and regulations that may in any
manner affect cost, progress or performance of the Work; and (c) study and carefully correlate Bidder's
observations with the requirements of the Procurement Documents.
3.2 The submission of a Bid will constitute an incontrovertible representation that the Bidder has complied
with every requirement of this Article 3 and that the Procurement Documents are sufficient in scope
and detail to indicate and convey understanding of all terms and conditions for providing the Goods
and Services.
Instructions to Bidders
00100-1
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East Valley Water District
Sterling Avenue Pipe Procurement
ARTICLE 4. INTERPRETATIONS
4.1 All questions about the meaning or intent of the Procurement Documents shall be received in writing
by East Valley Water Distirct, 3654 East Highland A venue, Suite 18, Highland, California 92346-
2607, Attn: Ron Buchwald, P.E. at least ten days before the date herejn set for the opening of bids.
4.2 Written clarifications or interpretations will be issued by Addenda not later than five days before the
bid opening date. Only questions answered by fonnal written Addenda will be binding. Oral and
other clarifications or interpretations will be without legal effect. Addenda will be mailed via certified
mail, with return receipt requested, to all parties recorded as having received the Procurement
Documents.
4.3 Bidders are responsible for detennining that they have received all Addenda issued.
ARTICLE 5. PRE-BID CONFERENCE
5.1 A pre-bid conference is not contemplated for this Procurement.
ARTICLE 6. BID SECURITY
6.1 Each Bid must be accompanied by cash, bid bond, or a certified check, or a treasurer's or cashier's
check issued by, a responsible bank or trust company, payable to OWNER. The Bid Security shall be
in the amount stated in the Invitation To Bid. All Bid Securities will be returned on the execution of
the Agreement or ifno award is made, within ninety days, excluding Saturdays, Sundays, and legal
holidays after the actual date of opening of the Bids, unless forfeited under the conditions herein
stipulated.
6.2 In case a party to whom a Notice of Award is delivered shall fail or neglect to execute the Agreement
and furnish the satisfactory bond within the time specified, OWNER may detennine that the Bidder
has abandoned the Contract, and thereupon the Bid Fonns and acceptance shall be null and void, and
the Bid Security accompanying the Bid Fonn shall be forfeited to OWNER as liquidated damages for
such failure or neglect and to indemnifY said OWNER for any loss which may be sustained by failure
of the Bidder to execute the Agreement and furnish the bond as aforesaid, provided that the amount
forfeited to OWNER shall not exceed the difference between the Bid Price of said Bidder and that of
the next lowest responsible and eligible bidder and provided further that, in case of death, disability, or
other unforeseen circumstances affecting the Bidder, such Bid Security may be returned the Bidder.
After execution of the Agreement and acceptance of the bond by OWNER, the Bid Security
accompanying the Bid Fonn of the Successful Bidder will be returned.
Instructions to Bidders
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East Valley Water District
Sterling Avenue Pipe Procurement
ARTICLE 7. PERFORMANCE AND OTHER BONDS
7.1 Perfonnance and other Bonds shall be provided in accordance with Article 4 of the Conditions of the
Procurement.
7.2 All Bonds required as Contract Security shall be furnished wjth the executed Agreement.
ARTICLE 8. BID FORM
8.1 Each Bid shall be submitted on the Bid Fonn on the pages appended to the Procurement Documents.
The Bid Fonn shall be removed and submitted separately. All blank spaces must be filled in.
8.2 Bid Fonns shall be completed in ink or by typewriter. The Bid price of each item on the fonD shall be
stated in words, and figures. Discrepancies between words and figures will be resolved in favor of
words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof
will be resolved in favor of the correct sum.
8.3 Finn bids are required. Conditional bids will not be considered.
8.4 Bids by corporations shall be executed in the corporate name by the president or a vice-president (or
other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be
affixed and attested by the secretary or an assistant secretary. The corporate address and state of
incorporation shall be shown below the signature.
8.5 Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title
shall appear under the signature. The official address of the partnership shall be shown below the
signature.
8.6 All names shall be typed or printed below the signature.
8.7 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which shall be
filled in on the Bid Fonn).
8.8 The address to which communications regarding the Bid are to be directed shall be shown.
8.9 One copy of each Bid shall be submjtted in a sealed opaque envelope bearjng on the outside the
Bidder's address, and the Project Title for which the Bid is submitted. (If forwarded by mail, Bid and
sealed envelope marked as described above shall be enclosed in another envelope with the notation
"BID ENCLOSED" on the face and addressed as indicated in the Invitation to Bid.)
ARTICLE 9. RECEIPT OF BIDS
9.1 Sealed Bids will be received at the time and place indicated in the Invitation to Bid.
9.2 OWNER may consider infonnal any Bid not prepared and submitted in accordance with the provisions
hereof.
Instructions to Bidders
00100-3
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East Valley Water District
Sterling Avenue Pipe Procurement
9.3 Bidders are cautioned that it is the responsibility of each individual bidder to assure that their bid is in
the possession of the responsible official or the designated alternate prior to the stated time and at the
place of the Bid Opening. Owner is not responsible for bids delayed by mail and/or delivery services,
of any nature.
ARTICLE 10. MODIFICATION AND WITHDRAWAL OF BIDS
10.1
10.2
10.3
Bids may be modified only by an appropriate document duly executed (in the manner that a Bid
must be executed) and delivered to the place where Bids are to be submitted at any time prior to the
opening of Bids.
Bids may be withdrawn prior to the scheduled time (or authorized postponement thereof) for the
opening of Bids.
Any Bid received after the time and date specified shall not be considered. No Bid may be
withdrawn for a period of90 days, after the actual date of the opening of the Bids.
ARTICLE II. AWARD OF CONTRACT
11.1
11.2
11.3
11.4
The Contract will be awarded to the lowest responsible and eligible Bidder (Successful Bidder).
Such a Bidder shall possess the skill, ability, and integrity necessary for the faithful performance of
the work. The term "lowest responsible and eligible Bidder" as used herein shall mean the Bidder
whose Bid is the lowest of those Bidders possessing the skill, ability, and integrity necessary to the
faithful performance of the Work.
OWNER reserves the right to reject any and all Bids, to waive any and all informalities if it is in
OWNER's best interest to do so, and the right to disregard all nonconforming, non-responsive or
conditional Bids.
OWNER also reserves the right to reject the Bid of any Bidder that OWNER considers to be
unqualified relative to Article I above.
If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within
30 days, after the actual date of the opening of the Bids. All bids shall remain open for 90 days,
after the actual date of the opening of the Bids but OWNER may, at OWNER's sole discretion,
release any Bid and return the Bid Security prior to that date.
ARTICLE 12. EXECUTION OF AGREEMENT
12.1
When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by at
least three unsigned copies of the Agreement and all other applicable Procurement Documents.
Within 10 working days after the date of receipt of such notification CONTRACTOR shall execute
and return all copies of the Agreement and all other applicable Procurement Documents to
OWNER. Within ten working days thereafter OWNER will deliver one fully signed copy to
CONTRACTOR.
Instructions to Bidders
00100-4
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East Valley Water District
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ARTICLE 13. SALES TAX
13.1
The goods and services to be provided under this Contract are not exempt ftom the Sales and Use
Taxes of the State of California.
END OF SECTION
Instructions to Bidders
00100-5
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Instructions to Bidders
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East Valley Water District
Sterling Avenue Pipe Procurement
BID FORM TO
EAST VALLEY WATER DISTRICT
STERLING A VENUE PIPE PROCUREMENT
The undersigned declares that the only persons or parties interested in this Bid as principals are as stated;
that the Bjd js made without any collusion with other persons, firms, or corporations; that all the
Procurement Documents as prepared by Camp Dresser & McKee Inc., 2920 Inland Empire Blvd, Suite
108, Ontario, California 91764 and dated January 2005 have been carefully examined; that the
undersigned is fully informed in regard to all conditions pertaining to the work and the place where it is to
be delivered, and from them the undersigned makes this Bid. These prices shall cover all expenses
incurred in providing the Goods and Services required under the Procurement Documents, of which this
Bid Form is a part.
Ifa Notice of Award accompanied by at least three unsigned copies of the Agreement and all other
applicable Procurement Documents is delivered to the undersigned within 90 calendar days, after the
actual date of the opening of the Bids, the undersigned will within ten working days after the date of
receipt of such notification, execute and return all copies of the Agreement and all other applicable
Procurement Documents to OWNER. The premiums for all Bonds required shall be paid by
CONTRACTOR and shall be included in the Contract Price. The undersigned further agrees that the Bid
Security accompanying this Bid shall become the property of OWNER ifthe Bidder fails to execute the
Agreement as stated above.
The undersigned hereby agrees that the Contract Time shall commence on the Effective Date of the
Agreement and to fully complete the delivery of the Ductile Iron Pipe and Fittings as indicated in Section
02616 within 120 Calendar Days and in accordance with the terms stated in the Agreement.
The undersigned acknowledges receipt of addenda numbered:
Bid Form
00300-1
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Sterling Avenue Pipe Procurement
In accordance with the above understanding, the undersigned proposes to furnish all Goods and Services,
and complete the Work in its entirety including all applicable taxes and fteight in the manner and under the
conditions required at the lump sum price of
($
).
(amount in words)
ADD/DEDUCT ITEMS
"""DO NOT INCLUDE THE FOLLOWING IN THE ABOVE LUMP SUM PRICE-""
In addition to the lump sum price provide a price for storage of pipe beyond the 9 month period on a per
month per stick basis
($
).
(amount in words)
END OF ADD/DEDUCT ITEMS
The undersigned also agrees that extra work, if any, will be perfonned in accordance with Article 10 ofthe
Procurement General Conditions and will be paid for in accordance with Article II of the Procurement
General Conditions.
Amounts shall be shown in both words and figures, where indicated. In case of discrepancy, the amount
shown in words will govern.
The above prices shall include all labor, materials, delivery, 9 months of storage, overhead, profit,
insurance, taxes, fees and incidentals required to complete the Work.
The names and residences of all persons and parties interested in the foregoing Bid as principals are as
follows:
(Give first and last names in full. In the case of a corporation, see Article 8.4 of the Instructions to
Bidders, in the case of a partnership, see Article 8.5 of the Instructions to Bidders.)
Bid Fonn
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East Valley Water District
Sterling Avenue Pipe Procurement
Notice of acceptance should be mailed, faxed, or delivered to the undersigned Bidder at the following
address:
(Name of Bidder)
By
(Title)
(Business Address)
(City and State)
Date
Note:
If the Bidder is a corporation, indicate State of incorporation under signature, and affix corporate
seal; if a partnership, give full names and residential addresses, if different /Tom business
address.
Bid Form
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Bid Fonn
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East Valley Water District
Sterling Avenue Pipe Procurement
SECTION 00500
AGREEMENT
TIllS AGREEMENT made as of the - day of
Valley Water District hereinafter called OWNER and
in the year 2005 by and between East
with legal address and principal place of
business at
hereinafter called CONTRACTOR. OWNER and CONTRACTOR in consideration of the mutual
covenants hereinafter set forth, agree as follows:
ARTICLE I. WORK.
l.l CONTRACTOR shall perform the Work as specified or indicated in the Procurement Documents.
ARTICLE 2. ENGINEER.
2.1 The Procurement Documents have been prepared by Camp Dresser & McKee Inc., 2920 Inland
Empire Blvd., Suite 108, Ontario, California 91764 who will act as ENGINEER in connection with
completion of the Work in accordance with the Procurement Documents.
ARTICLE 3. POINT OF DELIVERY.
3.1 The place where the Goods are to be delivered is defined in the Procurement General Conditions as
the point of delivery and is designated as Sterling A venue Project Site, San Bernardino, California.
ARTICLE 4. CONTRACT TIME.
4.1 The Contract Time for delivery of pipe to the CONTRACTOR's storage facility shall be 120
Calendar Days following the Effective Date ofthis Agreement.
4.2 CONTRACTOR agrees that the Work shall be prosecuted regularly, diligently and uninterruptedly
and at such rate of progress as will ensure full completion thereof within the Contract Time stated above.
It is expressly understood and agreed, by and between CONTRACTOR and OWNER, that the Contract
Time is reasonable for the completion of the Work.
ARTICLE 5. CONTRACT PRICE.
5.1 OWNER will pay CONTRACTOR for providing Goods and Services in accordance with the
Procurement Documents in current funds at the Price agreed upon in the CONTRACTOR's Bid Form
attached to this Agreement.
Agreement
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East Valley Water District
Sterling Avenue Pipe Procurement
ARTICLE 6. PAYMENT.
6.1 CONTRACTOR shall submit Applications for Payment in accordance with Article 10 of the Standard
General Conditions for Procurement Contracts. Applications for Payment will be processed by
ENGINEER as provided in the Procurement Standard General Conditions for Procurement Contracts.
6.2 PROGRESS PAYMENTS. OWNER shall make progress payments on account ofthe Contract Price
in accordance with Article 10 of the Standard General Conditions for Procurement Contracts.
ARTICLE 7. LIQUIDATED DAMAGES. (NOT USED)
ARTICLE 8. ASSURANCE
8.1 CONTRACTOR has familiarized himself with the nature and extent of the Procurement Documents,
and Federal, State and local laws, ordinances, rules and regulations that in any manner may affect cost,
progress or perfonnance of the Goods and Services.
8.2 CONTRACTOR has given ENGINEER written notice of any conflict, error or discrepancy that
CONTRACTOR has discovered in the Procurement Documents and the written resolution thereof by
ENGINEER is acceptable to CONTRACTOR.
8.3 CONTRACTOR agrees that the Procurement Documents are sufficient in scope and detail to indicate
and convey understanding of all tenus and conditions for perfonnance of the Work.
ARTICLE 9. PROCUREMENT DOCUMENTS.
9.1 The Procurement Documents which comprise the Procurement between OWNER and
CONTRACTOR are attached hereto and made a part hereof and consist of the following:
9.1.1
Invitation To Bid.
9.1.2
Instructions To Bidders.
9.1.3
Bid Fonn.
9.1.4
This Agreement.
9.1.5
Perfonnance Bond
9.1.6
Procurement General Conditions, EJCDC Document 1910-26-B (2000 edition).
9.1.7
Supplementary Conditions
9.1.8
Specifications (as listed in Table of Contents).
9.1.9
Addenda numbers - to -' inclusive.
Agreement
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East Valley Water District
Sterling Avenue Pipe Procurement
9.1.10
Any modification, including Change Orders, duly delivered after execution of Agreement.
ARTICLE 10. MISCELLANEOUS
10.1 Terms used in this Agreement which are defined in Article I of the Procurement General Conditions
shall have the meanings assigned in the Procurement General Conditions.
10.2 Neither OWNER nor CONTRACTOR shall, without the prior written consent of the other, assign or
sublet in whole or in part any interest under any of the Procurement Documents; and specifically but
without limitation, CONTRACTOR shall not assign any monies due or to become due without the prior
written consent of OWNER. In case CONTRACTOR assigns all or any part of any monies due or to
become due under this Agreement, the instrument of assignment shall contain a clause substantially to the
effect that it is agreed that the right of the assignee in and to any monies due or to become due to the
CONTRACTOR shall be subject to prior claims of all persons, firms and corporations for services
rendered or materials supplied for the performance of the Work called for in the Procurement Documents.
10.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in the Procurement
Documents.
10.4 The Procurement Documents constitute the entire agreement between OWNER and CONTRACTOR
and may only be altered, amended or repealed by a Modification.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement in sextuple. Four copies each
have been delivered to OWNER, and one copy each to CONTRACTOR and ENGINEER. All portions of
the Procurement Documents have been signed or identified by OWNER and CONTRACTOR or by
ENGINEER on their behalf.
This Agreement shall become effective on
,2005.
Agreement
00500-3
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East Valley Water District
Sterling Avenue Pipe Procurement
OWNER
CONTRACTOR
BY
BY
(CORPORATE SEAL)
(CORPORATE SEAL)
Attest
Attest
Address for giving notices
Address for giving notices
Date
Signed
Title
Note: If CONTRACTOR is a corporation, an affidavit giving the principal the right to sign the Agreement
must accompany the executed Agreement.
Agreement
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PERFORMANCE BOND
FOR PROCUREMENT CONTRACTS
Any singular reference to Seller, Surety, Buyer or other party shall be considered plural where applicahle.
SELLER (Name and Address):
SURETY (Name and Address of Principal Place
of Business):
BUYER (Name and Address):
CONTRACT
Date:
Amount:
Description (Name and Location):
BOND
Date (Not earlier than Contract Date):
Bond Number:
Amount:
Modifications to this Bond Fonn:
Surety and Seller, intending to be legally bound hereby, subject to the tenDS printed on the reverse side hereof, do each cause
this Perfonnance Bond to be duly executed on its behalf by its authorized officer, agent or representative.
Seller as Principal
Company:
Surety
Company:
(Corp. Seal)
(Corp. Seal)
Signature:
Name and Title:
Signature:
Name and Title:
(Attach Power of Attorney)
Address:
Telephone Number:
(Space is provided below for signatures of additional parties, if required.)
Seller as Principal
Company:
Surety
Company:
(Corp. Seal)
(Corp. Seal)
Signature:
Name and Title:
Signature:
Name and Title:
Address:
Telephone Number:
EJCDC No. P-610 (2000 Edition)
00610-1
I. Seller and Surety, jointly and severally, bind themselves, their heirs,
executors, administrators, successors and assigns to Buyer for the
performance of the Contrac~ which is incorporated herein by reference.
For purposes of this bond, Buyer mcans Buyer's assigns, if and wheo
Buyer has assigned the Contract
2. If Seller perfonns the Contract, Surety and Seller have no obligation
under this Bond, except to participate in conferences as provided in
paragraph 3.1.
3. [fthere is no Buyer Defaul~ Sorety's obligation under this Bond shall
arise afte~
3.1. Buyer has notified Seller and Surety pursuant to paragraph 10
that Buyer is considering declaring a Seller Default and has
requested and attempted to amutge a conference with Seller and
Surety to be held not later than IS days after receipt of such
notice to discuss methods of performing the Contract OfBuyer,
Seller and Surety agree, Sellcrshall be allowed a reasonable time
to perform the Contrac~ but such an agreement shall not waive
Buye~s righ~ if any, subsequently to declare a Seller Default);
and
3.2. Buyer has deelared a Seller Default and formally terminated
Selle~s right to complete the Contract. Such Seller Default shall
not be declared earlier than 20 days after Seller and Surel]< have
received notice as provided in paragraph 3.1; and
3.3. Buyer has agreed tn pay the Balance of the Contract Price tn:
I. Surety in accnrdance with the terms of the Contract:
2. Anothersellerselected pursuant to paragraph 4.3 to perform
the Contract.
4. When Buyer has satisfied the conditions of paragraph 3, Surety shall
promptly and at Surety's expense take one of the following actions:
4. I. Arrange for Seller, with consent of Buyer, to perform and
complete the Contract; or
4.2.
Undertake to perform and complete the Contract itself, through
its agents or through independent contractors; or
4.3.
Obtain bids or negotiated proposals from qualified sellers
acceptable to Buyer for a contract for performance and
completion of the Contrac~ arrange for a contract to be
prepared for execution by Buyer and Seller selected with
Buye~s concurrence, to be secured with performance and
payment bonds executed by a qualified surety equivalent tothe
Bonds issued on the Contrac~ and pay to Buyer the amount of
damages as described in paragraph 6 in excess of the Balance
of the Contract Price incurred by Buyer resulting from Seller
Default; or
4.4. Waive its right to perform and complete, arrange for
completion, or obtain a new seller, and with reasonable
promptness under the circumstances, eithe~
I. determine the amount for which it may be liahle to Buyer
and, as soon as practicable after the amount is determined,
tender payment therefor to Buyer; or
2. deny liability in whole or In part and notify Buyer citing
reasons therefor.
S. [fSUtety docs not proceed as provided in paragraph 4 with reasonable
promptness, Surety shall be deemed to be in default on this Bond 15 days
after receipt of an additional written notice from Buyer to Surety
demanding that Surety perform its obligations under this Bond, and Buyer
shall be entitled to enforce any remedy available to Buyer. If Surety
proceeds as provided in paragraph 4.4, and Buyer refuses the payment
tendered or Surety has denied liability, In whole or in part, without further
notice Buyer shall be entitled to enforce any remedy available to Buyer.
6. After Buyer has terminated Selle~s right to complete the Contrac~
and if Surety elects to act under paragraph 4.1, 4.2, or 4.3, then the
responsibilities of Surety to Buyershall not be greater than those of Seller
undertheContrac~ and the responsibilities of Buyer to Surety shall not be
greater than those of Buyer under the Contract. To a limit of the amount
of this Bond, but subject to commitment by Buyer of the Balance ofthe
Contract Price to mitigation of costs and damages on the Contrac~ Surety
is obligated without duplication for:
6.1. The responsibilities of Seller for correction or replacement of
defective Goods and Special Services and completion of the
Contract;
6.2. Additional iegal, design professional and delay costs resulting
from Selle~s Defaul~ and resulting from the actions or failure to
act of Surety under paragraph 4; and
6.3. Liquidated damages, or if no liquidated damages arc specified
in the Contrac~ actual damages caused by delayed performance
or non-performance of Seller.
7. Sutetyshall not be liable to Buyer or others for obligations of Seller
that arc unrelated to the Contrac~ and the Balance of the Contract Price
shall not be reduced or set 0(1' on accouot of any such unrelated
obligations. No right of action shall accrue on this Bond to any person or
entity other than Buyer Ot its heirs, executors, administrators, successors,
or assigns.
8. Surety hereby waives notice nf any change, including changes of
time, to the Contract or to related subcontracts, purchase orders and other
obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted
in any court of competent jurisdiction in the location in which the Goods
and Services arc located and shall be instituted within two years after
Seller Default or within two years after Seller ceased working or within
two years after Surety refuses or fails to perform its obligations under this
Bond, whichever occurs first. If the prnvisions of this paragraph arc void
or prohibited by law, the minimum period of limitation available to
sureties as a defense in the jurisdiction of the suit shall be applicable.
10. Notice to Surety, Buyer or Seller shall be mailed or delivered to the
address shown on the signature page.
I I. When this Bond has been fumished tn comply with a statutory Ot
other legal requirement in the location where the Goods were to be
delivered and the Special Services were to be performed, any provision in
this Bond conflicting with said statutory or legal requirement shall be
deemed deleted herefrom and provisions conforming to such statutory or
other legal requirement shall be deemed incorporated hereio. The intent
is that this Bond shall be construed as a statutory bond and not as a
commOn law bond.
12. Definitions.
12.1. Balance of the Contract Price: The total amount payable by
Buyer to Seller under the Contract after all proper adjustments
bave been made, including allowance to Seller of any
amounts received or to be received by Buyer in settlement of
insurance or other Claims for damages to which Seller is
eotitled, reduced by all valid and proper payments made to or
on behalf of Seller under the Contract.
12.2. Contract: The agreement between Buyer and Seller identified
on the signature page, including all Contract Documeots and
changes thereto.
12.3. Seller Default: Failure of Seller, which has neither been
remedied nor waived, to perform or otherwise to comply with
the terms of the Contract.
12.4. Buyer Default: Failure of Buyer, which has neithet been
remedied nor waived, to pay Seller as required by the
Cootract or to perform and complete or comply with the other
terms thereof.
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This document has important legal consequences; consultation with an attorney is encouraged with respect to its Use or
modification. This document should be adapted to the parli~ular circumstances of the contemplated Project and the
Controlling Law.
STANDARD GENERAL CONDITIONS
FOR PROCUREMENT CONTRACTS
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITIEE
and
Issued ànd Published Jointly By
AMERICAN CONSULTING
ENGINEERS COUNCIL
NatIonal Socløty of
ProfessIonal Engineers,"
.SC'E American Society
~ of CIvil Englneørs
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
. AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
This document has been approvèd and endorsed by
The Associated General Contractors of America
.
~
and the
Construction Specifications Institute
1$J
EJCDC No. P.700 (2000 Edition)
EICDC P.700 Standard General ConditIo.. lor Procurement Contracts
Copyright 0 2000, Nanonal Society oIProl..,lonal Engineers lor EICDC. All rIghts reserved.
0071JO..1
These Standard General Conditions For Procurement Contracts have been prepared for use with the Suggested
Instructions to Bidders For Procurement Contracts (EJCDC No. P-200, 2000 Edition), the Suggested Form of
Agreement Between Buyer and Seller For Procurement Contracts (EJCDC No. P-52O, 2000 Edition), and the Guide
to Preparation of Supplementary Conditions For Procurement Contracts (EJCDC No. P-800, 2000 Edition). Their
provisions are interrelated ánd a change in one may necessitate a change in the others. Additional information
concerning the use of the EJCDC Procurement Documents may be found in the Commentary on Procurement
c Copyright 2000
National Society of Professional Engineers
1420 King Street, Alexandria, V A 22314
American Consulting Engineers Council
1015 - 15th Street N.W., Washington, D.C. 20005
American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4344
NOTE:
EJCDC publications may be ordered from any of the three sponsoring organizations above and from CSI
headquarters at 99 Canal Center Plaza, Suite 300, Alexandria, VA 22314.
EJ'CDC P-700 StoDdard General CondlUons Cor Procurement Contracts
Copyright. 2000, NaUonal Society oCProCe"lonal Engineers Cor EJ'CDc. All rlghu reserved.
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TABLE OF CONTENTS
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ARTICLE I-DEFINITIONS AND TERMINOLOGY..................................... .00700-5
1.01 DefinedTerms ....................................................00700-5
1.02 Terminology......................................................00700-6
ARTICLE2-PRELIMINARYMATTERS .............................................00700-7
2.01 Delivery of Bonds ..................................................00700-7
2.02 Copies of Documents ................................................00700-7
2.03 Commencement of Contract 11mes; Notice to Proceed ...........................00700-7
2.04 DesignatedRepresentatives ............................................00700-7
2.05 Before Starting Fabrication/Assembly of Goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700-7
2.06 Progress Schedule ..................................................00700-7
2.07 PreliminaryConference...............................................00700-7
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT AND AMENDING. . . . . . . . . . . . . . . . . . . . . . . . . 00700-7
3.01 Intent ................'........................................00700-7
3.02 Laws and Regulations, Standards, Specifications and Codes. . . . . . . . . . . . . . . . . . . . . . .00700-8
3.03 ReportingandResolvingDiscrepancies.....................................00700-8
3.04 Amending and Cillrifying Contract Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700-8
ARTICLE4-BONDSANDINSURANCE .............................................00700-8
4.01 Bonds..........................................................00700-8
4.02 Insurance ....................................................,..00700-9
ARTICLE5-SELLER'SRESPONSIBILITIES ..........................................00700-9
5.01 SupervisionandSuperintendence.........................................00700-9
5.02 Labor,MaterialsandEquipment.........................................00700-9
5.03 Compliance with Laws and Regulations, Standards, Specifications and Codes. . . . . . . . . . . . 00700-9
5.04 OrEquals ....................................................,..00700-9
5.05 Taxes..........................................................00700-9
5.06 SlwpDrawingsandSamples...........................................00700-10
5.07 ContlnuingPerformance .............................................00700-10
5.08 Seller's Warranties and Guarantees ......................................00700-10
5.09 Indemnification...................................................00700-11
ARTICLE6-SHIPPINGANDDELIVERY ...........................................00700-11
6.01 Shipping """""""""""'..............................,.00700-11
6.02 Delivery .................................,.....................00700-11
6.03 Risk of Loss .....................................................00700-12
ARTICLE7-CHANGES:SCHEDULEANDDELAY ....................................00700-12
7.01 ClllmgesintheGoodsandSpecialServices .................................00700-12
7.02 ChangesinLawsandReguilltions .......................................00700-12
7.03 Changing Cpntract Price or Contract 11mes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700-12
ARTICLE8-BUYER'SRIGHTS ..................................................00700-13
8.01 InspectionsandTesting..............................................00700-13
8.02 Non-Conforming Goods or Special Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700-13
8.03 Co"ectionPeriod .................................................00700-14
EJCDC P-7oo Standard General Conditio.. for Proeurement Contracts
Copyright. 2000, Nltionll Society ofProC...lonal Engineer. for EJCDC. All rights re.crved.
00700-3
ARTICLE9-ROLEOFENGINEER................................................ 00700-14
9.01 DutiesandResponsibilities............................................00700-14
9.02 ClarificaJionsandlnterpretations .......................................00700-14
9.03 AuthorizedVariaJions...............................................00700-14
9.04 Rejecting Non-Conforming Goods and Special Services. . . . . . . . . . . . . . . . . . . . . . . . . . 00700-14
9.05 Decisions on Requirements of Contract Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700-14
9.06 ClaimsandDisputes................................................00700-15
ARTICLEIO-PAYMENT ...................................................... 00700-15
10.01 App/icaJionsforProgressPayments ...................................... 00700-15
10.02 Review of Applications for Progress Payments. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 00700-15
10.03 Amount and Timing of Progress Payments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700-16
10.04 SuspensionoforReductioninPayment....................................00700-16
10.05 FinalApp/icaJionforPayment .........................................00700-16
10.06 FinalPayment ...................................................00700-16
10.07 Waiver of Claims.......................................... ........00700-17
ARTICLE 11 - CANCELLATION, SUSPENSION, AND TERMINATION. . . . . . . . . . . . . . . . . . . . . . . 00700-17
11.01 Cancellation.....................................................00700-17
11.02 SuspensionofPeiformancebyBlQ'er'.....................................00700-17
11.03 SuspensionofPeiformancebySe/ler .....................................00700-17
11.04 BreachanllTermination .............................................00700-17
ARTICLEI2-LICENSESANDFEES ..............................................00700-18
12.01 lnrellectual Pro perry and License Fees ....................................00700-18
12.02 Seller'slnfringement ...............................................00700-18
12.03 BlQ'er'sInfringement ...............................................00700-18
12.04 Reuse of Documents....................................... .........00700-19
ARTICLE 13-DISPUTERESOLUTION .............................................00700-19
13.01 DisputeResolutionMethod............................................00700-19
ARTICLEI4-MISCELLANEOUS....... ..... ...... ................ ...............00700-19
14.01 GivingNotice....................................................00700-19
14.02 Controlling Law ..................................................00700-19
14.03 ComputaJionofTime ...............................................00700-19
14.04 Cumulative Remedies ...............................................00700-19
14.05 Survival of Obligations ..............................................00700-19
E.JCDC P-700 Standard General CondiUoas for Procurement Contraw
Copyri¡ht. 2000, National Society ofProf",lonal Engln"rs for EJCDC. All right! r...rved.
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EJCDC STANDARD GENERAL CONDffiONS FOR PROCUREMENT CONTRACTS
ARTICLE 1 . DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Whenever used in the Bidding Requirements or
Contract Documents and printed with initial capital letters,
the terms listed below will have the meanings indicated which
are applicable to the singular or plural thereof. In addition to
terms specifically deemed, terms with initial capital letters in
the Contract Documents include references to identified
articles and paragraphs, and the titles of other documents or
forms.
1. Addenda-- Those written or graphic instruments
issued prior to the opening of Bids in accordance with the
Bidding Requirements which clarify or change the Bidding
Requirements or the proposed Contract Documents.
2. Agreement-- The written instrument signed by both
Buyer and Seller covering the Goods and Special Services
and which lists the Contract Documents in existence on the
Effective Date of the Agreement.
3. Applicationfor Payment--The form acceptable to
Buyer which is used by Seller in requesting progress and
fmal payments and which is accompanied by such
supporting documentation as is required by the Contract
Documents.
4. Bid--An offer or proposal submitted on the
prescribed form setting forth the prices for the Goods and
Special Services to be provided.
5. Bidder--A person who submits a Bid directly to
Buyer.
6. Bidding Documents--The Bidding RequirementS
and the proposed Contract Documents (including all
Addeuda).
7. Bidding Requirements-- The Advertisement or
Invitation to Bid, Instructions to Bidders, Form of Bid
security, if any, and Bid Form with any supplements.
8. Bayer-- The person or public entity purchasing the
Goods and Special Services.
9. Change Order--A document recommended by
Engineer which is signed by Seller and Buyer and
authorizes an addition, deletion, or revision to the Contract
Documents or an adjustment in the Contract Price or the
Contract Times, issued on or after the Effective Date of
the Agreement.
10. Claim--A written demand or assertion by
Buyer or Seller seeking an adjustment of Contract Price
or Contract Times, or both, or other relief with'respect
to the terms of the Contract.
11. Contract--The entire and integrated'
written agreement between Buyer and Seller concerning
the Goods and Special Services. The Contract
supersedes prior negotiations, representations, or
agreements, whether written or oral.
12. Contract Documents--Those items listed in
the Agreement. Only printed or hard copies of the
items listed in the Agreement are Contract Documents.
Files in electronic media format of text, data, graphics,
and the like are not Contract Documents, and may not
be relied on by Seller. Approved Shop Drawings and
other Seller's submittals are not Contract Documents.
13. Contract Price-- The moneys payable by
Buyer to Seller for furnishing the Goods and Special
Services in accordance with the Contract Documents as
stated in the Agreement.
14, Contract 1imes--The times stated in the
Agreement by which the Goods must be delivered and
Special Services must be furnished.
IS. Drawings--That part of the Contract
Documents prepared or approved by Engineer which
graphically shows the scope, intent, and character of the
Goods and Special Services to be furnished by Seller.
16. Effective Date of the Agreement-- The date
indicated in the Agreement on which it becomes
effective, but if no such date is indicated, it means the
date on which the Agreement is signed and delivered by
the last of the two parties to sign and deliver.
17. Engineer-- The person designated as such in
the Agreement.
18. Field Order--A written order issued by
Engineer which requires minor changes in the Goods or
Special Services but which does not involve a change in
the Contract Price or Contract Times.
EJCDC P-700 Standard General Conditio.. Cor Procurement Contracts
Copyright. 2000, National Society oC ProCessional Engineers Cor EJCDC. All rights reserved.
00700-5
19. General Requirements-Sectioo.s of Division I of
the Specificatioo.s. The General Requirements pertain 10 all
sections of the Specifications.
20. Goods-The tangible and movable personal
property that is described in the Contract Documents,
regardless of whether the property is to be later attached
to realty.
21. lAws and Regulations; lAws or Regulations--Any
and all applicable laws, rules, regulatioo.s, ordinances,
codes, and orders of any and all governmental bodies,
agencies, authorities, and courts having jurisdiction.
22. Milestone--A principal event specified in the
Contract Documents relating to an intermediate completion
date or time prior to the Contract Times.
23. Notice of Award--The written notice by Buyer to
the apparent Successful Bidder stating that upon t,imely
compliance by the apparent Successful Bidder with the
conditions precedent listed therein, Buyer will sign and
deliver the Agreement.
24. Notice to Proceed-- A written notice given by
Buyer to Seller f1Xing the date on which the Contract
Times cornmence to run and on which Seller shall. start to
perform under the Contract.
25. Point of Destination --The specific address of the
location where delivery of the Goods shall be made as
stated in the Agreemem.
26. Project-- The total undertaking of which the Goods
and Special Services to be provided under the Contract are
a part.
27. Project ManuaI-- The bound documentary
information prepared for bidding and furnishing the Goods
and Special Services. A listing of the contents of the
Project Mannal, which may be bound in one or more
volumes, is contained in the table(s) of contents.
28. Samples--Physical examples of materials,
equipment, or workmanship that are representative of some
portion of the Goods and which establish the standards by
which such portion of the Goods or Special Services will
be judged.
29. Seller--The person furnishing the Goods and
Special Services.
30. Shop Drawings--All drawings, diagrams,
illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for
Seller and submitted by Seller to illustrate some portion
of the Goods or Special Services.
31. Special Services--Services associated with
the Goods to be furnished by Seller as required by the
Contract Documents.
32. Specijications--Tbat part of the Contract
Documents coo.sisting of written technical descriptions of
malerials, equipment, systems, standards and
workmanship as applied to the furnishing of the Goods
and Special Services, and certain administrative details
applicable thereto.
33. Successful Bidder--The lowest respoo.sible
Bidder submitting a responsive Bid, to whom Buyer
makes an award. .
34. Supplementary Conditions--That part of the
Contract Documents which amends or supplements these
General Conditions.
35. Written Amendment--A written statement
modifying the Contract Documents, signed by Buyer and
Seller on or after the Effective Date of the Agreement
and normally dealing with the administrative aspects of
the Contract Documents.
1.02
Terminology
A.
Intent of Certain Terms Or Adjectives
1. The Contract Documents include the terms "as
allowed," "as approved," "as ordered," "as directed" or
terms of like effect or import 10 authorize an exercise of
professional judgment by Engineer. In addition, the
adjectives "reasonable," "suitable," "acceptable,"
"proper," "satisfactory," or adjectives of like effect or
import are used to describe an action or determination of
Engineer as to the Goods or Special Services. It is
intended that such exercise of professional judgment,
action or determination will be solely to evaluate, in
general, the Goods or Special Services for compliance
with the requirements of and information in the Contract
Documents and conformance with the design concept of
the completed Project as a functioning whole as shown
or indicated in the Contract Documents (unless there is
a specific statement indicating otherwise). The use of
any such term or adjective shall not be effective to
assign to Engineer any duty or authority to supervise or
direct the furnishing of Goods or Special Services or any
duty or authority to undertake responsibility contrary to
any other provision of the Contract Documents.
ElCDC P-7oo Standard General Conditions ror Procnrement Contracts
Copyrlght.2ooo, National Society or Proresslonal Engineers ror ElCDC. AU rights reserved.
0070006
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2. Unless stated otherwise in the Contract
Documents, words or phrases which have a well-known
technical or construction industry or trade meaning are
used in the Contract Documents in accordance with such
recognized meaning.
3. The word "non-confonning" when modifying the
words "Goods" or "Special Services", refers to Goods or
Special Services that fail to conform to the Contract
Documents.
4. The word "receipt" when referring to the Goods,
shall mean the physical taking and possession by the Buyer
under the conditions specified in Paragraph 8.01.B.3.
B. Day
1. The word "day" shall constitute a calendar day of
24 hours measured from midnight to the next midni~t.
ARTICLE 2 - PRELIMINARY MATrERS
2.01 Delivery of Bonds
A. When Seller delivers the executed Agreements to
Buyer, Seller also shall deliver such bonds as Seller may be
required to furnish.
2.02 Copies of Documents
A. Buyer shall furnish Seller up to five copies of the
Contract Documents. Additional copies will be furnished
upon request at the cost of reproduction.
2.03 Commencemen/ of Contract 17mes; Notice to Proceed
A. The Contract Times will commence to run on the
thirtieth day after the Effective Date of the Agreement or, if
a Notice to Proceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at any
time within 30 days after the Effective Date of the
Agreement. In no event will the Contract Times commence
to run later than the sixtieth day after the day of Bid opening
or the thirtieth day after the Effective Date of the Agreement,
whichever date is earlier.
2.04 Designated Represen/atives
A. Buyer and Seller shall each designate its representative
at the time the Agreement is signed. Each representative
shall have full authority to act on behalf of and make binding
decisions in any matter arising out of or relating to the
Contract.
2.05
Before Starting Fabrication/Assembly of Goods
A. Seller's Review of Con/ract Documen/s: Before
commencing performance of the Contract, Seller shall
carefully study and compare the Contract Documents and
check and verify pertinent requirements therein and, if
specified, all applicable field measurements. Seller shall
promptly report in writing to Buyer and Engineer any
conflict, error, ambiguity or discrepancy which Seller may
discover and shall obtain a written interpretation or
clarification from Engineer before proceeding with any work
affected thereby.
2.06
Progress Schedule
A. Within 15 days after the Contract Times start to
run, Seller shall submit to Buyer and Engineer an acceptable
progress schedule of activities, including at a minimum, Shop
Drawing and Sample submittals, tests, and deliveries as
required by the Contract Documents. No progress payment
will be made to Seller until an acceptable, schedule is
submitted to Buyer and Engineer.
B. The progress schedule will be acceptable to Buyer
and Engineer if it provides an orderly progression of the
submittals, tests, and deliveries to completion within the,
specified Milestones and the Contract Times. Such
acceptanèe will not impose on Buyer or Engineer
responsibility for the progress schedule, for sequencing,
scheduling, or progress of the work nor interfere with or
relieve Seller from Seller's full responsibility therefor. Such
acceptance shall not be deemed to acknowledge the
reasonableness and attainability of the schedule.
2.07
Preliminary Conference
A. Within 20 days after the Contract Times start to
run, a conference attended by Seller, Buyer, Engineer and
others as appropriate will be held to establish a working
understanding among the parties as to the Goods and Special
Services and to discuss the schedule referred to in Paragraph
2.06.A., procedures for handling Shop Drawings and other
submittals, processing Applications for Payment, and
maintaining required records.
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT
AND AMENDING
3.01
Intent
A. The Contract Documents are complementary; what
is called for by one is as binding as if called for by all.
EJCDC P-7oo Standard General CondittolLl Cor Procurement Contracts
Copyright' 2000, National s..:tety oC ProCessional Engtne... Cor EJCDC. All rights r......«I.
00700-7
B. Any labor, documentation, services, materials, or
equipment that may reasonably be inferred from the Contract
Documents or from prevailing custom or trade usage as being
required to produce the intended result will be provided,
whether or not specifically called for, at no additional cost to
Buyer.
C. Clarifications and interpretations of, or notifications of
minor variations and deviations in, the Contract Documents,
will be issued by Engineer as provided in Article 9.
3.02 Laws and Regulations, Standards, Specifications and
Codes
A. Reference to standards, specifications, manuals, or
codes of any technical society, organization, or association,
or to Laws and Regulations, whether such reference be
specific or by implication, shall mean the standard,
specification, manual, code, or Laws and Regulations in
effect at the time of opening of Bids (or on the Effective Daìe
of the Agreement if there were no Bids), except as may be
. otherwise specifically stated in the Contract Documents.
B. No provision of any such standard, specification,
manual or code, or any instruction of a supplier shall be
effective to change the duties or responsibilities of Buyer or
Engineer, or any of their subcontractors, consultants, agents,
or employees from those set forth in the Contract DOCuments,
nor shall any such provision or instruction be effective to
assign to Buyer or Engineer, or any of their consultants,
agents, or employees any duty or authority to supervise or
direct the performance of Seller's obligations or any duty or
authority to undertake responsibility inconsistent with the
provisions of the Contract Documents.
3.03 Reporting and Resolving Discrepancies
A. Reponing Discrepancies: If, during the performance
of the Contract, Seller discovers any conflict, error,
ambiguity, or discrepancy within the Contract Documents or
between the Contract Documents and any provision of any
Law or Regulation applicable to the performance of the
Contract or of any standard, specification, manual or code,
or of any instruction of any supplier, Seller shall promptly
report it to Buyer in writing for Engineer's review. Seller
shall not proceed with the furnishing of the Goods or Special
Services affected thereby until an amendment. to or
clarification of the Contract Documents has been issued.
Seller shall not be liable to Buyer or Engineer for failure to
report any such conflict, error, ambiguity, or discrepancy
unless Seller knew or reasonably should have known thereof.
B. Resolving Discrepancies: Except as may be otherwise
specifically stated in the Contract Documents, the provisions
of the Contract Documents shall take precedence in resolving
any conflict, error, ambiguity, or discrepancy between the
provisions of the Contract Documents and:
I. the provisions of any standard, specification,
manual, code, or instruction (whether or not specifically
incorporated by reference in the Contract Documents);
or
2. the provisions of any Laws or Regulations
applicable to the furnishing of the Goods and Special
Services (unless such an interpretation of the provisions
of the Contract Documents would result in violation of
such Law or Regulation).
3.04
Amending and Clarifying Contract Documents
A. The Contract Documents may be amended to
provide for additions, deletions, and revisions to the Good!¡
or Special Services or to modify the terms and conditions
thereof by a Written Amendment or a Change Order.
B. The requirements of the Contract Documents may
be supplemented, and minor variations and deviations in the
Goods or Special Services not affecting Contract Price or
Contract Times may be authorized, by one or more of the
following ways: I) a Field Order; 2) Engineer's approval of
a Shop Drawing pursuant to Paragraph 5.06.D.2; or 3)
Engineer's written interpretation or clarification.
ARTICLE 4 - BONDS AND INSURANCE
4.01
Bonds
A. Seller shall furnish performance and payment
bonds, each in an amount at least equal to the Contract Price,
to Buyer. The bonds shall be delivered in accordance with
Paragraph 2.01 and shall remain in effect at least one year
after the date flna! payment is due, except as provided
otherwise by Laws or Regulations.
B. The bonds shall be issued in the form prescribed by
the Contract Documents except as provided otherwise by
Laws or Regulations and shall be executed by a surety named
in the current list of 'Companies Holding Certificates of
Authority as Accepiable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies' as published in Circular
570 by the Financial Management Service, Surety Bond
Branch, U. S. Department of the Treasury. Bonds signed by
an agent must be accompanied by a certified copy of such
agent's authority to act.
Elcnc P-700 Standard General Conditions (or Procurement Contracts
Copyright. 2000, National Society o( ProCessIonal Engineers (or ElCDC. All rights reserved.
00700-8
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C. If the surety on a bond is declared bankrupt or
becomes insolvent or its right to do business is terminated in
the state where the Project is located or it ceases to meet the
requirements of Paragraph 4.01.B, Seller shall provide
another bond and surety which comply with those
requirements within 20 days, at Seller's expense.
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4.02 Insurance
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A. Seller shall provide insurance of the types and
coverages and in the amounts stipulated in the Supplementary
Conditions.
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ARTICLE 5 - SELLER'S RESPONSIBILITIES
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5.01 Supervision and Superintendenr:e
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A. Seller shall be solely responsible for the 'means,
methods, techniques, sequences, and procedures used in
performing its obligations. Seller shall be responsible to see
that the completed Goods and Special Services conform to the
Contract Documents.
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5.02 Labor, Materials and Equipment
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A. Seller shall provide competent, qualified and trained
personnel in all aspects of its performance of the Contract.
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B. All equipment, products and material incorporated into
the Goods shall be as specified, or if not specified, shall be
new, of good quality and protected, assembled, used,
connected, applied, cleaned and conditioned in accordance
with the original manufacturer's instructions, except as
otherwise may be provided in the Contract Documents.
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5.03 Compliance with Laws and Regulations, Standards,
Specifications and Codes
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A. Seller shall comply with all Laws and Regulations
applicable to the furnishing of the Goods and Special
Services.
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5.04 Or Equals
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A. Whenever an item of material or equipment to be
incorporated into the Goods is specified or described in the
Contract Documents by using the name of a proprietary item
or the name of a particular supplier or manufacturer, the
specification or description is intended to establish the type,
function, appearance, and quality required. Unless the
specification or description contains or is followed by words
reading that no like, equivalent, or "or-equal" item is
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permitted, other items of material or equipment or material
or equipment of other suppliers or manufacturers may be
submitted to Buyer for Engineer's review.
I. [fin Engineer's sole discretion, such an item of
material or equipment proposed by Seller is functionally
equal to that named and sufficiently similar so that no
change in related work will be required, it may be con-
sidered by Engineer as an "or-equal" item.
2. For the purposes of this paragraph, a proposed
item of material or equipment may be considered
functionally equal to an item so named if:
a. in the exercise of reasonable judgment,
Engineer determines that: I) it is at least equal in
quality, durability, appearance, strength, and
design characteristics; and 2) it will reliably
perform at least equally well the function imposed
by the design concept of the completed Project as
a functioning whole; and
b. Seller certifies that: I) there is no increase
in any cost including capital, installation or
operating to Buyer; and 2) the proposed item will
conform substantially, even with deviations, to the
detailed requirements of the item named in the
Contract Documents.
B. Engineer's Evaluation: Engineer will be allowed
a reasonable time within which to evaluate each proposal or
submittal made pursuant to Paragraph 5.04.A. Engineer will
be the sole judge of acceptability. No "or-equal" willbeor-
dered, manufactured or utilized until Engineer's review is
complete, which will be evidenced by an approved Shop
Drawing. Engineer will advise Buyer and Seller in writing
of any negative determination. Notwithstanding Engineer's
approval of an 'or-equal' item, Seller shall remain obligated
to comply with the requirements of the Contract Documents.
C. Special Guarantee: Buyer may require Seller to
furnish at Seller's expense a special performance guarantee
or other surety with respect to any such proposed 'or-equal."
D. DOla: Seller shall provide all data in support of
any such proposed 'or-equal" at Seller's expense.
5.05
Taxes
A. Seller shall be responsible for all taxes and duties
arising out of the sale of the Goods and the furnishing of
Special Services. All taxes are included in the Contract
Price.
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5.06 Shop Drawings and Samples
A. Seller shall submit Shop Drawings and Samples to
Buyer for Engineer's review and approval in accordance with
the schedule required in Paragraph 2.06.A. All submittals
will be idemified as required and furnished in the number of
copies specified in the Contract Documents. The data shown
on the Shop Drawings will be complete with respect to quan-
tities, dimensions, specified performance and design criteria,
materials, and similar data to show Engineer the services,
materials, and equipment Seller proposes to provide.
B. Where a Shop Drawing or Sample is required by the
Contract Documents, any related work performed prior to
Engineer's approval of the pertinent submittal will be at the
sale expense and responsibility of Seller.
C. Submittal Procedures
I. Before submitting each Shop Drawing or Sample,
Seller shall have determined and verified:
a. all field measurements (if required), quantities,
dimensions, specified performance criteria, installation
requirements, materials, catalog numbers, and similar
information with respect thereto; and
b. that all materials are suitable with respect to
intended use, fabrication, shipping, handling, storage,
assembly, and installation pertaining to the furnishing
of Goods and Special Services.
2. Seller shall also have reviewed and coordinated
each Shop Drawing or Sample with the Contract
Documents.
3. Each submittal shall include a written
certification from Seller that Seller has reviewed
the subject submittal and confirmed that it is in compliance
with the requirements of the Contract Documents. Both
Buyer and Engineer shall be entitled to rely on such
certification from Seller.
4. With each submittal, Seller shall give Buyer and
Engineer specific written notice of any variations that the
Shop Drawing or Sample may have from the requirements
of the Contract Documents. This notice shall be both in a
written communication separate from the submittal and by
specific notation on each Shop Drawing or Sample.
D. Engineer's Review
I. Engineer will provide timely review of Shop
Drawings and Samples.
2. Engineer's approval of Shop Drawings or
Samples will be subject to the standard of Paragraph
1.02.A.1. Engineer's approval will not relieve Seller
from responsibility for any variation from the
requirements of the Contract Documents unless Seller
has in writing called Engineer's attention to each such
variation at the time of each submittal as required by
Paragraph 5.06.C.1. and Engineer has given written
approval of each such variatioo by specific written
notation thereof incorporated in or accompanying the
Shop Drawing or Sample approval. .
E.
Resubmittal Procedures
I. Seller shall malee corrections required by
Engineer and shall return the required number of cor-
rected copies of Shop Drawings and submit as required
new Samples for review and approval. Seller shall direct
specific attention in writing to any revisions other than
the corrections called for by Engineer on previous
submittals.
5.07
Continuing Performance
A. Seller shall adhere to the progress schedule
established in accordance with Paragraph 2.06.A., and the
Goods shall be delivered and the Special Services furnished
within the Contract Times specified in the Agreement.
B. Seller shall carry on the work and adhere to the
progress schedule during all disputes or disagreements with
Buyer. No work shall be delayed or postponed pending
resolution of any disputes or disagreements.
5.08
Seller's Warranties and Guarantees
A. Seller warrants and guarantees to Buyer that the
title to the Goods conveyed shall be proper, its transfer
rightful, and free from any security interest, lien, or other
encumbrance.
B. Seller warrants and guarantees to Buyer that all
Goods and Special Services will conform with the Contract
Documents, including any Samples approved by Engineer,
and the Goods will be of merchantable quality. Engineer
shall be entitled to rely on representation of Seller's warranty
and gnarantee.
C. Seller's warranty and guarantee hereunder excludes
defects or damage caused by:
1. abuse, improper modification or improper
maintenance or operation by persons other than Seller,
or
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2. normal wear and tear under normal usage.
D. Seller's obligation to furnish the Goods and Special
Services in accordance with the Contract Documents shall be
absolute. None of the following will constitUte an acceptance
of Goods or Special Services that are non-confonning, or a
release of Seller's obligation to furnish the Goods and Special
Services in accordance with the Contract Documents:
I. observations by Buyer or Engineer;
2. recommendation by Engineer or payment by
Buyer of any progress or fmal payment;
3. use of the Goods by Buyer;
4. any acceptance by Buyer (subject to the provisions
of Paragraph 8.02.D.I) or any failure to do so;
5. the issuance of a notice of acceptance by Buyer
pursuant to the provisions of Article 8;
6. any inspection, test or approval by others; or
7. ani correction of non-confonning Goods or
Special Services by Buyer.
E. Buyer shall within a reasonable time notify Seller
of any breach of Seller's warranties or guarantees. If Buyer
receives notice of a suit or claim as a result of such breach,
Buyer also may give Seller notice in writing to defend such
suit or claim. If Seller fails to defend such suit or claim,
Seller will be bound in any subsequent suit or claim against
Seller by Buyer by any factUal determination in the prior suit.
5.09 Indemnification
A. To the fullest extent permitted by Laws and
Regulations, Seller shaII indemnify and hold harmless Buyer,
Engineer, and their officers, directors, shareholders,
partners, employees, agents, consultants, contractors and
subcontractors from any and all claims, costs, losses, and
demands or judgments for damages for claims (including but
not limited to fees and charges of engineers, architects,
attorneys and other professionals and all court or arbitration
or other dispute resolution costs) caused by, arising out of or
relating to a negligent act or omission or the breach of any
obligation under this Contract by Seller, or its officers,
directors, shareholders, partners, employees, agents,
consultants, contractors or subcontractors, or anyone for
whom Seller is responsible, provided that any such claim,
cost, loss, or damage;
I. is attributable to b9dily injury, sickness,
disease, or death, or to injury to or destruction of
tangible property (other than the Goods or Special
Services themselves), including the loss of use
resulting therefrom; and
2. is caused in whole or in part by any negligent
act or omission of Seller or any individual or entity
directly or indirectly employed to furnish any of the
Goods or Special Services or anyone for whose, acts
Seller may be liable, regardless ofwbether or not caused
in part by any negligence or omission of an individual or
entity indemnified hereunder or whether liability is
imposed upon such indemnified party by Laws and
Regulations regardless of the negligence of any such
individual or entity.
B. The indemnification obligations of Seller under
paragraph 5.09.A shall not extend to the liability of Engineer
and Engineer's consultants or to the officers, directors,
partners, employees, agents, and other consultants and
subcontractors of each and any of them arising out of:
I. the preparation or approval of, or the failure
to prepare or approve, maps, Drawings, opinions,
reports, surveys, Change Orders, designs, or
Specifications; or
2. giving directions or instructions, or failing to
give them, if that is the primary cause of the injury or
damage.
ARTICLE 6 - SIDPPING AND DELIVERY
6.01
Shipping
A. Seller shall select the carrier and bear all costs of
packaging, transportation, insurance, special handling and
any other costs associated with shipment and delivery.
6.02
Delivery
A. Seller shall deliver the Goods F.O.B. the Point of
Destination in accordance with the Contract Times set forth
in the Agreement, or other date agreed to by Buyer and
Seller.
B. Seller shall provide written notice to Buyer at least
15 days before shipment of the manner of shipment and the
anticipated delivery date. The notice shall also include any
instructions concerning special equipment or services
required at the Point of Destination to unload and care for
the Goods. Seller shall also require the carrier to give Buyer
EJcne P.700 StODdard c.neral COqd1UoDl for Procurement Coqtrad5
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at least 24 hours notice by telephone prior to the anticipated
hour of delivery.
C. Buyer will be responsible and bear all costs for
unloading the Goods from carrier.
D. Buyer will assure that adequate facilities arc available
to receive delivery of the Goods during the Contract Times
set forth in the Agreement, or another date agreed by Buyer
and Seller.
E. No panial deliveries shall be allowed, unless permitted
or required by the Contract Documents or agreed to in
writing by Buyer.
6.03 Risk of Loss
A. Risk otloss and insurable interests transfer from Seller
to Buyer upon Buyer's receipt of the Goods.
B. Notwithstanding the. provisions of Paragraph 6.03.A,
if Buyer rejects the Goods as non-conforming, the risk of
loss on such Goods shall remain with Seller until Seller
corrects the non-conformity or Buyer accepts the Goods.
ARTICLE 7 - CHANGES: SCHEDULE AND DELAY
7.01 Changes in the Goods and Special Services
A. Buyer may at any time, without notice to any surety,
make changes in the Contract Documents within the general
scope of the Contract.
. B. If any such change or action by Buyer affects the
Contract Price or Contract Times, Seller shall notify Buyer
within 15 days after the occurrence of the event giving rise
thereto, and written supporting data will be submitted to
Buyer within 45 days after such occurrence. If Seller fails to
do so, Seller waives any Claim for such adjustment.
C. Seller shall not suspend performance while Buyer and
Seller are in the process of making such changes and any
related adjustments.
7.02 Changes in Laws and Regulations
A. Changes in Laws or Regulations not known at the time
of opening of Bids (or, on the Effective Date of the
Agreement if there were no Bids) having an effect on the cost
or time of furnishing the Goods and Special Services shall be
the subject of an adjustment in Contract Price or Contract
Times. If Buyer and Seller are unable to agree on
entitlement to or on the amount or extent, if any, of any such
adjustment, a Claim may be made therefor as provided in
Paragraph 9.06.A.
7.03
Changing Contract Price or Contract Times
A. The Contract Price or Contract Times may only be
changed by:
1. a Change Order;
2. a Written Amendment; or
3. a written unilateral order of Buyer, in which
case Seller shall be entitled to an equitable adjustment in
Contract Price or Contract Times for any reasonable and
necessary costs or delays incurred by Seller to
accommodate such a change.
B. If Seller is prevented from delivering the Goods or
performing the Special Services within the Contract Times
for any unforeseen reason beyond its control and not
attributable to its actions or inactions, then Seller shall be
entitled to an adjustment of the Contract Times to the extent
attributable to such reason. Such reasons include fire, floods,
epidemics, abnormal weather conditions, acts of God, acts of
war, directions by government authority, and other like
matters. If such an event occurs and delays Seller's
performance, Seller shall notify Buyer in writing within 15
days of the beginning of the event causing the delay, stating
the reason therefor.
C. Contract Times will not be modified for delays
within the control of Seller, including labor strife,
transportation shortages or delays at Seller's facilities. Delays
attributable to and within the control of Seller's
subcontractors or suppliers shall be deemed to be delays
within the control of Seller.
D. If Seller is prevented from delivering the Goods or
furnishing the Special Services within the Contract Times due
to the actions or inactions of Buyer, Seller shall be entitled to
any reasonable and necessary additional costs arising out of
such delay to the extent directly attributable to Buyer.
E. Neither Buyer nor Seller shall be entitled to any
damages arising from delays which are beyond the control of
both Buyer and Seller, including but not limited to fires,
floods, epidemics, abnormal weather conditions, acts of God,
acts of war, direction by government authority, and other like
matters.
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ARTICLE 8 . BUYER'S RIGHTS
8.01 Inspections and Testing
A. General
I. Buyer shall have the right to perform, or cause to
be performed, reasonable inspections and require
reasonable tests of the Goods at Seller's facility, and at the
Point of Destination. Seller shall allow Buyer a reasonable
time to perform such inspections or tests.
2. Seller shall bear all expenses, except for travel,
lodging and subsistence expenses of Buyer's
representatives, for inspections and tests at Seller's facility,
but Buyer shall be entitled to reimbursement from Seller of
travel, lodging and subsistence expenses of Buyer's
representatives if the Goods are non-conforming. .
3. Buyer shall bear all expenses, except for travel,
lodging and subsistence expenses of Seller's
representatives, for inspections and tests at the Point of
Destination, but Buyer shall be entitled to reimbursement
from Seller for Buyer's expenses for reinspection or
retesting if, on the basis of an initial inspection or testing,
the Goods are determined to be non-conforming.
4. Seller shall provide Buyer 30 days written notice
of the readiness of the Goods for all inspections, tests, or
approvals which the Contract Documents specify are to be
observed by Buyer prior to shipment.
5. Buyer will give' Seller timely notice of all
specified tests, inspections and approvals of the Goods
which are to be conducted at the Point of Destination.
6. If, on the basis of any inspections or testing, the
Goods appear to be conforming, Buyer will give Seller
prompt notice thereof. If on the basis of said inspections
or testÜ1g, the Goods appear to be non-conformÜ1g, Buyer
will give Seller prompt notice thereof and will advise Seller
of the remedy Buyer elects under the provisions of
Paragraph 8.02.
7. Neither payments made by Buyer to Seller prior
to any tests or inspections, nor any tests or inspections shall
constitute acceptance of non-conforming Goods, or
prejudice Buyer's rights under the Contract.
B. Inspection on Delivery
I. Buyer or EngÜ1eer will inspect the Goods upon
delivery solely for purposes of identifying the Goods and
general verification of quantities and observation of
apparent condition in order to provide a basis for a
progress payment. Such inspection will not be construed
as final or as receipt of any Goods and Special Services
that, as a result of subsequent inspections and tests, are
determined to be non-conformÜ1g.
2. Within ten days of such inspection, Buyer
shall provide Seller with written notice of Buyer's
determination regardÜ1g conformity of the Goods. In the
event Buyer does not provide such notice, it will be
presumed that the Goods appear to be conformÜ1g.
3. If, on the basis of the inspection specified
in Paragraph 8.01.B.I, the Goods appear to be
conforming, Buyer's notice thereof to Seller will
acknowledge receipt of the Goods.
c.
Final Inspection
I. After all of the Goods have been incorporated
into the Project, tested Ü1 accordance with such testÜ1g
requirements as are specified, and are functioning as
intended, Buyer or EngÜ1eer will make a fmal
inspection.
2. If, on the basis of the final inspection, the
Goods are conforming, Buyer's notice thereof will
constitute Buyer's acceptance of the Goods.
3. If, on the basis of the fmal inspection, the
Goods are non-conforming, Buyer will identify the non-
conformity in writing.
8.02
Non-Conforming Goods or Special Services
A. If, on the basis of inspections and testing prior to
delivery, the Goods appear to be non-conforming, or if at any
time after Buyer has acknowledged receipt of delivery and
before the expiration of the correction period described in
Paragraph 8.03, Buyer determines that the Goods are non-
conforming, Seller shall promptly, without cost to Buyer and
Ü1 response to written instructions from Buyer, either correct
such non-conforming Goods, or, if rejected by Buyer,
remove and replace the non-conforming Goods with
conforming Goods, including all work required for
reinstallation.
B.
Buyer's Rejection of Non-Conforming Goods
1. If Buyer elects to reject the Goods in whole or
in part, Buyer's notice to Seller will describe in
sufficient detail the non-conforming aspect of the
Goods. If Goods have been delivered to Buyer, Seller
EJCDC P-700 Standard General ConditiOns/or Procurement Contracts
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shall promptly, and within the Contract Times, remove and
replace the rejected Goods.
2. Seller shall bear all costs, losses and damages
attributable to the removal and replacement of the non-
conforming Goods as provided in Paragraph 8.02.E.
3. Upon rejection of the Goods, Buyer retains a
security interest in the Goods or to the extent of any
payments made and expenses incurred in their testing and
inspection.
C. Remedying Non-Confol7lÚng Goods or Special
Services
1. If Buyer elects to permit the Seller to
modify the Goods to remove the non-conformance, Seller
shall promptly provide a schedule for such modifications
and shall make the Goods conforming within a reaso~ble
time.
2. If Buyer notifies Seller in writing that any
of the Special Services are non-conforming, Seller shall
promptly provide conforming services acceptable to Buyer.
If Seller fails to do so, Buyer may delete the Special
Services and reduce the Contract Price a commensurate
amount.
D. Buyer's Acceptance of Non-Conforming Goods
1. Instead of requiring correction or removal and
replacement of non-conforming Goods discovered either
before or after final payment, Buyer may accept the non-
conforming Goods. Seller shall hear all costs, losses, and
damages attrihutable to Buyer's evaluation of and
determination to accept such non-conforming Goods as
provided in Paragraph 8.O2.E.
E. Seller shall pay all claims, costs, losses, and damages,
including but not limited to all fees and charges for re-
inspection, retesting and for any engineers, architects,
attorneys and other professionals, and all court or arbitration
or other dispute resolution costs arising out of or relating to
the non-conforming Goods or Special Services, including the
correction or removal and replacement of the non-conforming
Goods and the replacement of property of Buyer and others
destroyed by the correction or removal and replacement of
the non-conforming Goods, .or the obtaining of conforming
Special Services from others.
8.03 Correction Period
A. Seller's responsibility for correcting all non-
conformities in the Goods will extend for a period of one
year after the earlier of the date on which Buyer has placed
the Goods in continuous service or the date of final payment,
or for such longer period of time as may he prescrihed by
Laws or Regulations or by the terms of any specific
provisions of the Contract Documents.
ARTIq,E 9 - ROLE OF ENGINEER
9.01
Duties and Responsibilities
A. The duties and responsibilities and the limitations
of authority of Engineer arc set forth in the Contract
Documents.
9.02
Clarifications and Interpretations
A. Engineer will issue with reasonable promptness
such written clarifications or interpretations of the Contract
Documents as Engineer may determine necessary, which
shall he consistent with or reasonably inferable from the
overall intent of the Contract Documents. Such written
clarifications and interpretations will he binding on Buyer and
Seller. If either Buyer or Seller believes that a written
clarification or interpretation justifies an adjustment in the
Contract Price or Contract Times, either may make a Claim
therefor.
9.03
Authorized Variations
A. Engineer may authorize minor deviations or
variations in the Contract Documents by: I) issuance of
approved Shop Drawings when such change or deviation w.as
duly noted by Seller as required in Paragraph 5.06.C.4, or 2)
a Field Order.
9.04 Rejecting Non-Confol7lÚng Goods and Special
Services
A. Engineer will have the authority to disapprove or
reject Goods or Special Services which Engineer helieves to
be non-conforming.
9.05
Decisions on Requirements of Contract Documents
A. Engineer will be the initial interpreter of the
Contract Documents and judge of the acceptability of the
Goods and Special Services. Claims, disputes and other
matters relating to the acceptability of the Goods and Special
Services or the interpretation of the requirements of the
Contract Documents pertaining to Seller's performance will
be referred initially to Engineer in writing with a request for
a formal decision in accordance with this paragraph.
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B. When functioning as interpreter and judge under this
Paragraph 9.05, Engineer will not show partiality to Buyer or
Seller and will not be liable in connection with any
interpretation or decision rendered in good faith in such
capacity. The rendering of a decision by Engineer pursuant
to this Paragraph 9.05 with respect to any such Claim,
dispute, or other matter (except any which have been waived
by the making or acceptance of fina1 payment as provided in
Paragraph 10.07) will be a condition precedent to any
exercise by Buyer or Seller of such rights or remedies as
either may otherwise have under the Contract Documents or
by Laws or Regulations in respect of any such Claim,
dispute, or other matter.
9.06 Claims and Disputes
A. Notice: Written notice of each Claim, dispute or other
matter relating to the acceptability of the Goods and Special
Services or the interpretation of the requirements of the
Contract Documents pertaining to Seller's performancè shall
be delivered by the claimant to Engineer and the other party
to the Agreement within 15 days after the occurrence of the
event giving rise thereto, and written supporting data will be
submitted to Engineer and the other party within 45 days
after such occurrence unless Engineer allows an additional
period of time to ascertain more accurate data.
B. Engineer's Decision: Engineer will render a decision
in writing within 30 days after receipt of the last submittal of
the claimant or the last submittal of the opposing party, if
any. Engineer's written decision on such Claim, or dispute,
or other matter will be fmal and binding upon Buyer and
Seller unless:
I. an appeal from Engineer's decision is made within
the time limits and in accordance with the dispute
resolution procedures set forth in Article 13; or
2. if no such dispute resolution procedures have been
set forth, a written notice of intention to appeal is delivered
by Buyer or Seller to the other and to Engineer within 30
days after the date of such decision, and a formal
proceeding is instituted by the appealing party in a forum
of competent jurisdiction within 60 days after the date of
such decision (unless otherwise agreed to in writing by
Buyer and Seller), to exercise such rights or remedies as
the appealing party may have with respect to such Claim,
dispute, or other matter in accordance with applicable
Laws and Regulations.
C. If Engineer does not render a formal decision in
writing within the time stated in Paragraph 9.06.B., a
decision denying the Claim in its entirety shall be deemed to
have been issued 31 days after receipt of the last submittal of
the claimant or the last submittal of the opposing party, if
any.
ARTICLE 10 - PAYMENT
10.01
Applications for Progress Payments
A. Seller shall submit to Buyer for Engineer's
review Applications for Payment filled out and signed by
Seller and accompanied by such supporting documentation
as is required by the Contract Documents and also as
Buyer or Engineer may reasonably require. The timing and
amounts of progress payments shall be as stipulated in the
Agreement.
1. The fIrst application for Payment will be
submitted after review and approval by Engineer of all
Shop Drawings and of all Samples required by the
Contract Documents.
2. The second Application for Payment will be
submitted after receipt of the Goods has been
acknowledged in accordance with Paragraph 8.01.B
and will be accompanied by a bill of sale, invoice or
other documentation satisfactory to Buyer warranting
that Buyer has rightfully received good title to the
Goods from Seller and that the Goods are free and
clear of all liens. Such documentation will include
releases and waivers from all parties with viable lien
rights. In the case of multiple deliveries of Goods,
additional Applications for Payment accompanied by
the required documentation will be submitted as Buyer
acknowledges receipt of additional items of the Goods.
10.02
Review of Applications for Progress Payments
A. Engineer will, within ten days after receipt of
each Application for Payment, either indicate in writing a
recommendation of payment and present the Application to
Buyer, or retUrn the Application to Seller indicating in
writing Engineer's reasons for refusing to recommend
payment. In the latter case, Seller may make the necessary
corrections and resubmit the Application.
1. Engineer's recommendation of payment
requested in the first Application for Payment will
constitute a representation by Engineer, based on
Engineer's review of the Application for Payment and
the accompanying data, that the Shop Drawings and
Samples have been reviewed and approved as required
by the Contract Documents and Seller is entitled to
payment of the amount recommended.
EJCDC P-700 Standard General Conditions for Procurement Contracts
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2. Engineer's recommendation of payment
requested in the Application for Payment submitted upon
Buyer's acknowledgment of receipt of the Goods will
constitUte a representation by Engineer, based on
Engineer's review of the Application for Payment and
the accompanying data Seller is entitled to payment of
the amount recommended. Such recommendation will
not constitUte a representation that Engineer has made a
rmal inspection of the Goods, that the Goods are free
from non-confonnitles, acceptable or in conformance
with. the Contract Documents, that Engineer has made
any investigation as to Buyer's title to the Goods, that
exhaustive or continuoùs inspections have been made to
check the quality or the quantity of the Goods beyond the
responsibilities specifically assigned to Engineer in the
Contract Documents or that there may not be other
matters or issues between the parties that might entitle
Seller to additional payments by Buyer or Buyer to
withhold payment to Seller.
3. Engineer may refuse to recommend that all or
any part of a progress payment be made, or Engineer
may nullify all or any part of any payment previously
recommended if, in Engineer's opinion, such
recommendation would be incorrect or if on the basis of
subsequently discovered evidence or subsequent
inspections or tests Engineer considers such refusal or
nullification necessary to protect Buyer from loss
because the Contract Price has been reduced, Goods are
found to be non-conforming, or Seller has failed to
furnish acceptable Special Services.
10.03
Amount and Timing of Progress Payments
A. Subject to Paragraph 1O.02.A., the amounts of the
progress payments will be as provided in the Agreement.
Buyer shall within 30 days after receipt of each Application
for Payment with Engineer's recommendation pay Seller
the amount recommended; but, in the case of the
Application for Payment upon Buyer's acknowledgment of
receipt .of the Goods, said 30-day period may be extended
for so long as is necessary (but in no event more than 60
days) for Buyer to examine the bill of sale and other
documentation submitted therewith. Buyer shall notify
Seller promptly of any deficiency in the documentation and
shaH not unreasonably withhold payment.
10.04
Suspension of or Reduction in Payment
A. Buyer may suspend or reduce the amount of progress
payments, even though recommended for payment by
Engineer, under the following circumstances:
I. Buyer has reasonable grounds to conclude that
Seller will not furnish the Goods or the Special
Services in accordance with the Contract Documents,
2. Buyer has requested in writing assurances
from SeHer that the Goods or Special Services will be
delivered or furnished in accordance with the Contract
Documents, and Seller has failed to provide adequate
assurances within ten days of Buyer's written request.
B. If Buyer refuses to make payment of the full
amount recommended by Engineer, Buyer will provide
Seller and Engineer immediate written notice stating the
reason for such action and promptly pay Seller any amount
remaining after deduction of the amount withheld. Buyer
shall promptly pay Seller the amount withheld when Seller
corrects the reason for such action to Buyer's satisfaction.
10.05
Final Application for Payment
-
A. After Seller has corrected all non-conformities to
the satisfaction of Buyer and Engineer. furnished all
Special Services, and delivered all documents required by
the Contract Documents, Engineer will issue to Buyer and
Seller a notice of acceptability. Seller may then make
application for rmal payment following the procedure for
progress payments. The rmal Application for Payment will
be accompanied by all documentation called for in the
Contract Documents, a list of all unsettled claims and such
other data and information as Buyer or Engineer may
reasonably require.
10.06
Final Payment
-
A. If, on the basis of the review of the rmal
Application for Payment and accompanying documentation.
Engineer is satisfied that the Goods and Special Services
have been furnished in accordance with the Contract
Documents, and that Seller's other obligations under the
Contract Documents have been fulfilled, Engineer will,
within ten days after receipt of the rmal Application for
Payment, .recommend in writing rmal payment subject to
the provisions of Paragraph 10.07 and present the
Application to Buyer. Otherwise, Engineer will return the
Application to Seller, indicating the reasons for refusing to
recommend rmal payment, in which case Seller shall make
the necessary corrections and resubmit the Applicaiion. If
the Application and accompanying documentation are
appropriate as to form and substance, Buyer shall, within
30 days after receipt thereof, pay Seller the amount
recommended by Engineer.
EJCDC P-700 Standard General Conditions Cor Procurement Contracts
Copyright 02000, National Society oC ProCessional Engineers Cor EJCDC. All rights reserved.
00700-16
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10.07
Waiver of Claims
A. The making and acceptance of fmal payment will
constitute:
1. a waiver of all Claims by Buyer against Seller,
except Claims arising from unsettled liens and Claims,
from non-conformities in the Goods or Special Services
appearing after fmal payment, from failure to comply
with the Contract Documents or the terms of any special
guarantees specified therein, or from Seller's continuing
obligations under the Contract Documents; and
2. a waiver of all Claims by Seller against Buyer
other than those previously made in accordance with the
requirements herein and expressly noted in writing by
Seller as still unsettled in its fmal Application for
Payment.
ARTICLE 11 - CANCELLATION, SUSPENSION,
AND TERMINATION
11.01
Cancellation
A. Buyer has the right to cancel the Contract, without
cause, at any time prior to delivery of the Goods by written
notice. Cancellation pursuant to the terms of this
paragraph shall not constitute a breach of contract by
Buyer. Upon cancellation:
1. Buyer shall pay Seller for Goods, specially
manufactured for the Project, plus any documented
reasonable direct and indirect costs incurred by Seller in
producing such Goods not recovered by payment for the
reasonable value of the Goods.
2. For Goods which are not specially manufactured
for the Project, Seller shall be entitled to a restocking
charge of 10 percent of the unpaid Contract Price of such
Goods.
11.02
Suspension of Peifo/7lliJ1lce by Buyer
A. Buyer has the right to suspend performance of the
Contract, without cause, by written notice. Upon
suspension under this paragraph, Seller shall be entitled to
an increase in the Contract Times and Contract Price
caused by the suspension, provided that peñormance wolÙd
not have been suspended or delayed for causes attributable
to Seller.
11.03
Suspension of Peifo/7TIIJIICe by Seller
A. Subject to the provisions of Paragraph 5.07.B,
Seller may suspend the furnishing of the Goods and Special
Services only under the following circumstance:
I. Seller has reasonable grounds to conclude that
Buyer will not peñorm its ruture payment obligations
under the Contract. ("Reasonable grom" shall not
include a pending dispute or disagreement with Buyer)
and,
2. Seller has requested in writing assurances
from Buyer that future payments will be made in
accordance with the Contract, and Buyer has failed to
provide such assurances within ten days of Seller's
written request.
11.04
Breach and Tennination
A. Buyer's Breach
I. Buyer shall be deemed in breach of the
Contract if it fails to comply with any material
provision of the Contract Documents, including but
not limited to:
a. wrongful rejection or revocation of
Buyer's acceptance of the Goods,
b. failure to make payments in accordance
with the Contract Documents, or
c. wrongful repudiation of the Contract.
2. Seller sball have the right to terminate
the Contract for cause by declaring a breach should
Buyer fail to comply with any material provisions of
the Contract. Upon termination, Seller shall be
entitled to all remedies provided by Laws and
Regulations.
a. In the event Seller believes Buyer is
in breach of its obligations under the Contract,
Seller shall provide Buyer with reasonably
prompt written notice setting forth in sufficient
detail the reasons for declaring that it believes a
breach has occurred. Buyer shall have seven
days from receipt of the written notice declaring
the breach (or such longer period of time as
Seller may grant in writing) within which to cure
the alleged breach.
J!JCDC P-7oo StllDdard General Conditions Cor Procurement Contracts
Copyri¡ht 0 2000, National Sodety oC ProCessional EngIneers Cor J!JCDC. All rights resernd.
00700-17
B. Seller's Breach
I. Seller shall be deemed in breach of the Contract
if it fails to comply with any material provision of the
Contract Documents, including, but not limited to:
a. failure to deliver the Goods or perform
the Special Services in accordance with the Contract
Documents,
b. wrongful repudiation of the Contract, or
c. delivery or furnishing of non-conforming
Goods or Special Services.
2. Buyer may terminate Seller's right to perform
the Contract for cause by declaring a breach should
SeUer fail to comply with any material provision of the
Contract Documents. Upon termination, Buyer shall be
entitled to all remedies provided by Laws and
Regulations. .
a. In the event Buyer believes Seller is in
breach of its obligations under the Contract, and
except as provided in Paragraph 11.O4.B.2.b, Buyer
shall provide Seller with reasonably prompt written
notice setting forth in sufficient detail the reasons for
declaring that it believes a breach has occurred.
SeUer shall have seven days from receipt of the
written notice declaring the breach (or such longer
period of time as Buyer may grant in writing) within
which to cure the alleged breach.
b. If and to the extent that SeUer has
provided a performance bond under the provisions of
Paragraph 4.01. the notice and cure procedures of
that bond, if any. shall supersede the notice and cure
procedures of Paragraph 11.O4.B.2.a.
ARTICLE 12 . LICENSES AND FEES
12.01
Intellectual Property and license Fees
A. Un1éSs specifically stated elsewhere in the Contract
Documents. Seller is not transferring any intellectual
property rights, patent rights, or licenses for the Goods
delivered. However, in the event the SeUer is
manufacturing to Buyer's design, Buyer retains all
intellectual property rights in such design.
B. SeUer shall pay all license fees and royalties and
assume all costs incident to the use or the furnishing of the
Goods, unless specified otherwise by the Contract
Documents.
12.02
Seller's Irifringement
A. Subject to Paragraph 12.0I.A, Seller shall
indemnify and hold harmless Buyer, Engineer and their
officers, directors, partners, employees, agents,
consultants, contractors, and subcontractors from and
against all claims, costs, losses, damages, and judgments
(including but not limited to all fees and charges of
engineers, architects, attorneys and other professionals and
all court or arbitration or other dispute resolution costs)
arising out of or relating to any infringement or alleged
infringement of any United States or foreign patent or
copyright by any of the Goods delivered hereunder.
B. In the event of suit or threat of suit for inteUectual
property infringement, Buyer will notify Seller within a
reasonable time of receiving notice thereof.
C. Upon written demand from Buyer, Seller shall be
given the opportunity to defend the claim or suit, including
negotiating a settlement. Seller shall have control over
such claim or suit, provided that Seller agrees to bear all
expenses and to satisfy any adverse judgment thereof.
I. If Seller fails to defend such suit or claim
after written demand by Buyer, Seller will be bound in
any subsequent suit or claim against Seller by Buyer
by any factual determination in the prior suit or claim.
2. If Buyer fails to provide Seller the
opportunity to defend such suit or claim after written
demand by Seller, Buyer shall be barred from any
remedy against Seller for such suit or claim.
...
D. If a determination is made that SeUer has infringed
upon intellectual property rights of another, Seller may
obtain the necessary licenses for Buyer's benefit, or
replace the Goods and provide related design and
construction as necessary to avoid the infringement at
Seller's own expense.
12.03
Buyer's Infringement
A. Buyer shall indemnify and hold harmless Seller,
and its officers, directors, partners, employees, agents,
consultants, contractors, and subcontractors from and
against all claims, costs, losses, damages, and judgments
(including but not limited to all fees and charges of
engineers, architects, attorneys and other professionals and
all coun or arbitration or other dispute resolution costs)
arising out of or relating to any infringement or alleged
...
EJCDC P.700 Standard General Conditions for PrO<Ul"oment Contracts
Copyright.2ooo, National Society of ProftSSlonai Engine..s for EJCDC. AU rights r..el'Yed.
00700-t8
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infringement of any United States or foreign patent or
copyright caused by Seller's compliance with Buyer's
design of the Goods or Buyer's use of the Goods in
combination with other materials or equipment in any
process (unless intent of such use was known to Seller and
Seller had reason to know such infringement would result).
B. In the event of suit or threat of suit for intellectUal
property infringement, Seller must within a reasonable
time after receiving notice thereof notify Buyer.
C. Upon written demand from Seller, Buyer shall be
given the opportunity to defend the claim or suit, including
negotiating a settlement. Buyer shall have control over
such claim or suit, provided that Buyer agrees to bear all
expenses and to satisfy any adverse judgment thereof.
1. If Buyer fails to defend such suit or claim after
written demand by Seller, Buyer will be bound in any
subsequent suit or claim against Buyer by Seller hy any
factual determination in the prior suit or claim.
2. If Seller fails to provide Buyer the opportunity
to defend such suit or claim after written demand by
Buyer, Seller shall be barred from any remedy against
Buyer for such suit or claim.
12.04
Reuse of DocumefllS
A. Neither Seller nor any other person furnishing any of
the Goods or Special Services under a direct or indirect
contract with Seller shall: (I) acquire any title to or
ownership rights in any of the Drawings, Specifications, or
other documents (or copies of any thereof) prepared by or
bearing the seal of Engineer or its consultants, including
electronic media versions; or (2) reuse any of such
Drawings, Specifications, other documents, or copies
thereof on any other project without written consent of
Buyer and Engineer and specific written verification or
adaptation by Engineer. This prohibition will survive
termination or completion of the Contract. Nothing herein
shall preclude Seller from retaining copies of the Contract
Documents for record purposes.
ARTICLE 13 - DISPUTE RESOLUTION
13.ol
Dispute Resolution Method
A. Disputes between Buyer and Seller will be resolved
as set fonh in the Supplementary Conditions. If no method
and procedure has been set forth, and subject to the
provisions of Paragraphs 9.05 and 9.06, Buyer and Seller
may exercise such rights or remedies as they have under
Controlling Law.
ARTICLE 14 . MISCELLANEOUS
14.01
Giving Notice
A. Whenever any provision of the Contract
Documents requires the giving of written notice, it will be
deemed to have been validly given if delivered in person to
the individual or to a member of the firm or to an officer
of the corporation for whom it is intended, or if delivered
at or sent by registered or certified mail, postage prepaid,
to the last business address known to the giver of the
notice.
14.02
Cofllrolling Law
A. This Contract is to be governed by the law of the
state in which the Point of Destination is located.
14.03
Computation of TIme
A. When any period of time is referred to in the
Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If
the last day of any such period falls on a Saturday or
Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day shall be omitted from the
computation.
14.04
Cumulative Remedies
A. The duties and obligations imposed by these
General Conditions and the rights and remedies available
hereunder to the parties hereto are in addition to, and are
not to be construed in any way as a limitation of, any rights
and remedies available to any or all of them which are
otherwise imposed or available by Laws or Regulations, by
special warranty or guMantee, or by other provisions of the
Contract Documents, and the provisions of this paragraph
will be as effective as if repeated specifically in the
Contract Documents in connection with each particular
duty, obligation, right, and remedy to which they apply.
14.05
Survival of Obligations
A. All representations, indemnifications, warranties
and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as all
continuing obligations indicated in the Contract
Documents, will survive fmal payment, completion and
acceptance of the Goods or Special Services and
termination or completion of the Agreement.
EJCDC P-700 Standard General Conditions for Procurement Contrac"
Copyrlg~t .2000, National Society of'Professlonai Engineers for EJCDC. AU rig~ts reserved.
00706-19
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East Valley Water District
Sterling Avenue Pipe Procurement
PROCUREMENT SUPPLEMENTARY CONDITIONS
TABLE OF CONTENTS
PART 1- AMENDMENTS TO PROCUREMENT GENERAL CONDITIONS
Article
Number
Title
Definitions and Terminology
2
Preliminary Matters
4
Bonds and Insurance
5
Seller's Responsibilities
6
Shipping and Delivery
10
Payment
11
Cancellation, Suspension, and Terminations
Procurement Supplementary Conditions
00800-1
,,\2706 - EVWD\4J734 - Pi""Uoo\7PROID0C\4S"".\DJP '_""°,)800 sc."",
East Valley Water District
Sterling Avenue Pipe Procurement
SECTION 00800
PROCUREMENT SUPPLEMENTARY CONDITIONS
PART I - AMENDMENTS TO PROCUREMENT GENERAL CONDITIONS
~
These Supplementary Conditions amend or supplement the Standard Procurement General Conditions
(No. P- 700, 2000 Edition) and other provisions of the Procurement Documents as indicated below. All
the provisions which are not so amended or supplemented remain in full force and effect.
ARTICLE I - DEFINITIONS AND TERMINOLOGY
SC.1.0I.A.8
Add the following sentence to the end of the BUYER definition: "The term "Owner" is also used in these
Procurement Documents to refer to the Buyer."
SC- 1.0 I.A.29
Add the following sentence to the end of the SELLER definition: "The term "Supplier", "Contractor",
"pipe supplier" and "manufacturer" is also used in these Procurement Documents to refer to the Seller."
ARTICLE 2 - PRELIMINARY MA TIERS
SC-2.06
Delete Paragraph 2.06 in its entirety.
ARTICLE 4- BONDS AND INSURANCE
SC-4.02
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Delete Paragraph 4.02 in its entirety.
ARTICLE 5- SELLER'S RESPONSIBILITIES
SC-5.05
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Add the following language at the end of Paragraph 5.05 as follows:
The materials and supplies to be provided under this Contract are not exempt ITom the Sales and Use Tax
of the State of California. Bidder shall obtain the proper certificates, maintain the necessary records and
otherwise comply with the requirements of Chapter 14 of the Acts of 1966 and any amendments thereto.
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Procurement Supplementary Conditions
00800-2
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East Valley Water District
Sterling Avenue Pipe Procurement
SC-5.07.A
Delete the following language at the start of Paragraph 5.07.A: "Seller shall adhere to the progress
schedule established in accordance with Paragraph 2.06.A, and." Then capitalize the word, "the: which
precedes the word "Goods" in this Paragraph.
ARTICLE 6 - SliPPING AND DELIVERY
SC-6.02
Delete Paragraphs 6.02.C and 6.02.D and renumber the remaining paragraphs.
ARTICLEIO-PAYMENT
SC-10.01
Delete A.1 in its entirety and Replace it with the following:
"The first application for payment for 50% of the total contract will be submitted after the pipe has
been delivered to the manufacturer's storage facility and the receipt of the goods has been
acknowledged in accordance with paragraph 8.01 B."
Delete A.2 in its entirety and replace with the following:
"Payment for the remaining 50% of the contract shall be made on a monthly basis over a 9 month
period. The monthly application for payment shall be based upon the quantity of pipe delivered to the
project site. If after a nine month period all pipe has not been delivered the remainder of the contract
shall be paid in full by Owner."
SC-IO.05
Delete this section in its entirety.
SC-IO.06
Delete this section in its entirety.
ARTICLE 11- CANCELLATION, SUSPENSION, AND TERMINATION
SC-l1.01
Delete "Upon cancellation:" at the end of Paragraph 11.0 I.A.
SC-I1.02
Delete Paragraphs 11.03.A in its entirety.
END OF SECTION
Procurement Supplementary Conditions
00800-3
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Sterling Avenue Pipe Procurement
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East Valley Water District
Sterling Avenue Pipe Procurement
1.
Manufacturer, date.
2.
Size, type, class, or wall thickness.
3.
Standard produced to (A WW A, ASTM, etc).
PART2 PRODUCTS
2.01
A.
B.
C.
MATERIALS
Pipe
1.
Ductile iron pipe shall conform to A WW A C 151. Pipe shall be supplied in standard lengths
as much as possible.
2.
Thickness design shall be per A WW A C 150, Class 150 min.
3.
Ductile iron pipe shall be by U.S. Pipe and Foundry Company, Inc.; American Cast Iron
Pipe Company; or approved equal.
Joints
1.
Ductile iron pipe shall have rubber-gasket push-onjoint or rubber-gasket mechanical joint.
Rubber-gasket joints shall conform to A WW A Cll1.
2.
Flanged joints shall be 125 Ib threaded flanges conforming to ANSI B 16.1 for pipe and
A WW A C II 0 for fittings. The pipe flanges shall be flat faced and suitable for 250 psi
working pressure. Gaskets shall be ethylene propylene (EPDM), 1I8-in thick, full face and
meeting the material requirements of A WW A C115. All pipe to valve connections shall be
flanged. Flange bolt holes shall straddle the pipe horizontal and vertical centerline.
3.
Restrained joints shall be restrained push-on joints, TR Flex by U.S. Pipe and Foundry;
Lok-Fast by American Cast Iron Pipe Company or approved equal. Joints shall be suitable
for 250 psi working pressure and be fabricated of heavy section ductile iron casting. Bolts
and nuts shall be low carbon steel conforming to ASTM A307, Grade B.
a. The required lengths of restrained joints shall be as indicated on the drawings.
4.
Field closure pieces shall be from cut full length pipe and shall use TR Flex Gripper Ring by
US Pipe or approved equal.
Fittings
1.
Pipe fittings shall be ductile iron with pressure rating of250 psi. Fittings shall meet the
requirements of A WW A CliO or A WW A CI53 as applicable. Fittings shall have the same
pressure rating, as a minimum, of the connecting pipe.
Ductile Iron Pipe and Fittings
02616-3
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East Valley Water District
Sterling Avenue Pipe Procurement
2.02
D.
Interior Lining
1.
Ductile iron pipe and fittings shall have the same type oflining as specified herein.
2.
All pipe and fittings shall be cement-mortar lined and seal coated in accordance with
AWWACI04.
E.
Exterior Coating
1.
Buried pipe shall be furnished with a bituminous coating in accordance with AWWA CI51
and C II 0 respectively.
DUCTILE IRON PIPE DESIGN
A.
Ductile Iron Pipe to be furnished shall confonn in every respect to the requirement and latest
revision of Standards ANSI A21.51 and A WWA CI50 and C15!.
PART 3 EXECUTION
3.01
3.02
GENERAL
A.
Care shall be taken in loading, transporting and unloading to prevent injury to the pipe or
coatings. Pipe and fittings shall not be dropped.
B.
All pipe shall be shipped by truck from the manufacturer's local facility to the Owner's job site,
San Bernardino, California. All pipe deliveries shall be coordinated by the project manager and
the manufacturer.
C.
Pipe will be off loaded by Owner or Owner's Representative at the project site.
D.
Local is defined as a local is defmed within 50 miles of the project site.
E.
Owner reserves the right to take delivery of pipe that has been delivered to the manufacturer's
local storage facility prior to the 120 day delivery completion date. Owner shall coordinate with
manufacturer for delivery of pipe.
STORAGE
A.
The pipe shall be stored at the manufacturer's facility for a period of up to 9 months. This
storage time shall be included in the cost of the delivered pipe.
B.
The pipe shall be shipped by rail to manufacturer's local facility.
END OF SECTION
Ductile Iron Pipe and Fittings
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East Valley Water District
Sterling Avenue Pipe Procurement
SECTION 02616
DUCTILE IRON PIPE AND FITIINGS
PART I GENERAL
1.01
1.02
1.04
SCOPE OF WORK
A.
Furnish and deliver ductile iron pipe and fittings per the contract drawings.
B.
Where the word "pipe" is used it shall refer to pipe, fittings, or appurtenances unless otherwise
noted.
C.
All pipe shall be full length. The use of "Engineered" specials shall be minimized.
SUBMITIALS
A.
With Bid
1.
Full bill of materials to be furnished and delivered.
2.
Schedule of values indicating unit prices for each item to be furnished.
B.
After Award of Contract
1.
Prior to shipment of materials, submit a certified affidavit of compliance from the
manufacturer stating that the pipe, fittings, gaskets, linings and exterior coatings for this
project have been manufactured and tested in accordance with A WW A and ASTM
standards and requirements specified herein.
2.
Submit a tabulated laying schedule which references stations and invert elevations as shown
on the Drawings as well as all fittings, bends, outlets, restrained joints, tees, special
deflection bells, adapters, solid sleeves and specials, along with the manufacturer's drawings
and specifications indicating complete details of all items. The laying schedule shall show
pipe class, class coding, station limits and transition stations for various pipe classes. The
above shall be submitted to the Engineer for approval before construction begins. The
location of all pipes shall confonn to the locations indicated on the Drawings. Manufacturer
shall submit lay drawings for approval prior to manufacturing pipe.
3.
Submit production and delivery schedule for Manufacturer supplied materials within 10
days of the Effective Date of the Agreement.
REFERENCE STANDARDS
A.
American Society for Testing and Materials (ASTM)
Ductile Iron Pipe and Fittings
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East Valley Water District
Sterling Avenue Pipe Procurement
1.05
1.
ASTM A 193 - Standard Specification for Alloy-Steel and Stainless Steel Bolting Materials
for High-Temperature Service.
2.
ASTM A194 - Standard Specification for Carbon and Alloy Steel Nuts for Bolts for High-
Pressure and High-Temperature Service.
3.
ASTM CI50 - Standard Specification for Portland Cement.
B.
American Water Works Association (A WW A)
1.
A WWA CI04 - Cement-Mortar Lining for Ductile-Iron Pipe and Fittings for Water.
2.
AWWA CI05 - Polyethylene Encasement for Ductile-Iron Pipe Systems.
3.
A WW A CliO - Ductile-Iron and Gray-Iron Fittings, 3-in through 48-in (75mm Through
1219mm) for Water.
4.
A WWA Clli - Rubber-Gasket Joints for Ductile-Iron Pressure Pipe and Fittings.
5.
AWWA CI50 - Thickness Design of Ductile-Iron Pipe.
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6.
AWWA CI5l - Ductile-Iron Pipe, Centrifugally Cast, for Water.
7.
A WW A C 153 - Ductile- Iron Compact Fittings, 3-in through 24-in and 54-in through 64-in,
for Water.
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8.
A WWA CI15 Flanged Ductile Iron Pipe with Ductile Iron or Gray Iron Threaded Flanges
C.
Where reference is made to one of the above standards, the revision in effect at the time of bid
opening shall apply.
QUALITY ASSURANCE
A.
All supplied pipe and fittings to be furnished and delivered shall be inspected and tested at the
foundry as required by the standard specifications to which the material is manufactured. Furnish
in duplicate to the Engineer sworn certificates of such tests and their results prior to the shipment
of the pipe. Owner reserves the right to perfonn inspections at the plant.
B.
Inspection of the supplied pipe and fittings will be made by the Owner after delivery. The pipe
shall be subject to rejection at any time on account of failure to meet any of the requirements
specified herein, even though sample pipes may have been accepted as satisfactory at the place of
manufacture. Pipe rejected after delivery shall be marked for identification and shall be removed
from the job.
C.
Weld repairs to ductile iron pipe and fittings shall not be allowed.
D.
All pipe and fittings shall be pennanently marked with the following infonnation:
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Ductile Iron Pipe and Fittings
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RELEASES OF LIEN
JANUARY 18, 2005
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ACCOUNT OWNERS
NUMBER NAME
1. 0520010-02
2. 0830174-02
3. 0920097-03
4. 0920182-03
5. 0940007-06
6. 0940253-00
7. 1040064-00
8. 1231111-04
9. 1550564-01
PROPERTY
ADDRESS
TOTAL
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+PAID THROUGH TAX ROLLS
,.,
Page 1 of 1
AMOUNT
OWED
$ 18.42
$ 34.45
$ 63.25
$136.74
$ 46.47
$ 77.05
$132.66
$104.70
$ 66.07
15 $ 679.81
'-"
Phil Angelides, State Treasurer
Inside the State Treasurer's Office
"
LOCAL AGENCY INVESTMENT FUND
QUARTERLY APPORTIONMENT RATES
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1977:>~' 5 68 5.78 5.84 6.45
i19í78':~:; , i97 7.35 7.86 8.32
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}?8J .,;' 1~.23 11.68 12.40 11.91
" ,19~ " 11.82 11.29 11.74,____. _1~.71
~.>198 9.87 9.64 10.04' 10.18
10.88 11.53 11.41 "
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9.98 9.54 9.43
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8.39 _._7.:?J.........;...,. "'}'~~~'_'_H'
7.21 7.54 7.97
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7.87 8.20 8.45:
9:13 8.87 - - ""---8~68---"¡
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8.50 8.39 8.27'
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7.38 7.00 6.52
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5.45 4.97 4.67
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4.51 4.44 4.36
4.45 4.96 5.37
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::19?9 ,',: . ,5.19 5~0~ 5.21 5.49
. -2000; 5.80 6.18 6.47 6.52 .
2001:" 6.16 5.32 4.47 3.52
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2002 2.96 2.75 2.63 2.31
. , .
2003. 1.98 1.77 1.63 1.56
2004 1.47 1.44 1.67 2.00
....- .
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EAST VALLEY WATER DISTRICT
AFTER HOURS WORKSHEET
2004
(1) (1 A) (2) (2A) (3) (4) (5) (6) (7) (8) (9) (10) (11)
TURN TURN PRESSURE LEAKING NO MAIN SERVICE FLOWING WATER SEWER MANHOLE
MONTH ON OFF HI LOW METERS WATER LEAKS LEAKS WATER QUALITY STOPPAGE OVERFLOW MISC TOTAL
JAN 26 16 2 5 3 4 5 5 7 73
FEB 37 14 2 7 4 7 4 2 6 83
MAR 26 12 4 7 4 7 10 1 3 6 80
APR 31 18 5 8 4 11 9 4 5 95
MAY 40 12 2 6 11 9 11 1 1 6 99
JUNE 36 18 3 15 8 8 13 1 1 12 115
JULY 38 12 3 10 8 15 16 2 3 6 113
AUG 40 13 6 9 4 9 11 1 8 101
SEPT 55 16 5 6 5 13 18 1 1 5 125
OCT 35 9 2 14 4 6 12 1 1 9 93
NOV 30 11 6 4 2 17 5 3 7 85
DEC 32 6 3 4 8 9 1 63
TOTAL 426 157 0 43 95 65 115 114 0 7 25 0 78 1125
-( EAST VALLEY ( fER DISTRICT (
MAIN LEAK SUMMARY
2004
MONTH 1998 1999 2000 2001 2002 2003 2004
JANUARY 4 4 1 7 1 3 1
FEBRUARY 3 9 3 1 1 0 2
MARCH 7 6 8 2 0 4 5
APRIL 11 1 4 6 3 2 2
MAY 10 4 1 7 2 5 4
JUNE 13 5 8 4 1 5 1
JULY 15 4 8 8 2 1 3
AUGUST 7 8 2 5 0 3 3
SEPTEMBER 11 6 5 1 0 2 3
OCTOBER 6 2 3 1 3 0 3
NOVEMBER 12 5 2 1 6 3 7
DECEMBER 4 2 5 5 4 5 4
TOTAL 103 56 50 48 23 33 38
5.1W
( EAST VALLEY I.. . tER DISTRICT (
HIGHLAND SYSTEM
MAIN LEAK SUMMARY
2004
MONTH 1998 1999 2000 2001 2002 2003 2004
JANUARY 7 2 0 4 3 2 1
FEBRUARY 2 1 0 1 1 2 2
MARCH 3 2 1 4 2 3 0
APRIL 4 0 0 4 6 2 8
MAY 6 0 0 3 3 2 2
JUNE 4 0 3 7 6 4 2
JULY 4 1 2 2 9 7 6
AUGUST 3 1 4 8 4 6 4
SEPTEMBER 3 2 5 2 7 3 9
OCTOBER 5 2 6 5 2 4 5
NOVEMBER 0 3 3 1 2 5 10
DECEMBER 0 3 2 2 4 2 6
TOTAL 41 17 26 43 49 42 55
5.1.1W
~( « (
EAST VALLEY WATER DISTRICT
METERED CONSUMPTION SUMMARY
2004
MONTH 1998 1999 2000 2001 2002 2003 2004
JANUARY 1339 1529 1620 1503 1368 1444 1289
FEBRUARY 968 1098 1170 1098 1277 1232 1291
MARCH 969 1236 1212 1075 1423 951 1163
APRIL 1061 1311 1438 1264 1422 1272 1842
MAY 1324 1205 1526 1672 1657 1392 2070
JUNE 1556 1630 2308 2133 2025 2090 2403
JULY 2123 2289 2465 2416 2665 2235 2703
AUGUST 2353 2365 2362 2443 2296 2727 2512
SEPTEMBER 2411 2347 2546 2449 2300 2574 2665
OCTOBER 1956 2108 1857 2058 1950 2125 2200
NOVEMBER 1551 1801 1525 1765 1440 1857 1384
DECEMBER 1456 1659 1388 1273 1328 1282 1571
TOTAL 19067 20578 21417 21149 21151 21181 23093
( ( (
EAST VALLEY WATER DISTRICT
METERED CONSUMPTION
2004
(A) (8) (C) (D) (E)
CURRENT MONTH CURRENT MONTH
CURRENT MONTH 5 YEAR PRIOR YEAR 5 YEAR MEANS PRIOR YEAR
MONTH CONSUMPTION MOVING MEAN CONSUMPTION (AIB)-1 x 100 (AiC)-1 X 100
JANUARY 1289 1472 1444 -12.42 -10.73
FEBRUARY 1291 1122 1232 15.04 4.79
MARCH 1163 1183 951 -1.69 22.29
APRIL 1842 1299 1272 41.78 44.81
MAY 2070 1477 1392 40.17 48.71
JUNE 2403 1930 2090 24.48 14.98
JULY 2703 2392 2235 13.02 20.94
AUGUST 2512 2364 2727 6.27 -7.88
SEPTEMBER 2665 2411 2574 10.55 3.54
OCTOBER 2200 1986 2125 10.79 3.53
NOVEMBER 1384 1616 1857 -14.38 -25.47
DECEMBER 1571 1421 1282 10.57 22.54
TOTAL 23093 20672.4 21181 11.71 9.03
01/19/20054:17 PM
'-'
Section 1. Article 2.3 (commencing with Section53232 ) is added to Chapter 2 of Part 1
of Division 2 of Title 5 of the Government Code, to read:
Article 2.3 Compensation
53232. For the purposes of this article, the following terms have the following meanings:
(a) "Legislative body" has the same meaning as specified in Section 54952
(b) "Meeting" has the same meaning as specified in subdivision (0) of section
54952.2
(c) "Conference" has the same meaning as described in paragraph (2) of
subdivision (c) of Section 54952.2
(d) "Local agency" means a city, county, city and county, charter city, or special
district
(e) "Governing body" means the board of supervisors in the case of a county or a
city and county, the city council or board of trustees in the case of a city, and
the board of directors or other governing body in the case of a district or
other public agency.
........
53232.1. (a) A local agency may pay compensation to members ofa legislative body for
attendance at the following occurrences:
(1) A meeting of the legislative body.
(2) A meeting of an advisory body.
(3) A conference
(b) A local agency may pay compensation for attendance at occurrences not specified in
paragraphs (1) to (3), inclusive, only if the a governing body has adopted, in a public
meeting, a written policy on the other specific types of occasions that constitute the
performance of official duties for which a member of the legislative body may receive
payment.
(c) Paragraphs (a) and (b) apply to any local agency that is otherwise authorized, in
statute, to pay compensation to members of a legislative body on the basis of a fixed daily
amount for attendance at meetings or performance of official duties on behalf of the
agency. If a local agency has enacted an ordinance providing that a member of the
legislative body receive a salary, then paragraphs (a) and (b) do not apply to that
member.
(d) The provisions of this section are additional to any other statutes authorizing payment
of compensation to members of legislative bodies of local agencies.
,..,
01119/20054:17 PM
.........
53232.2 (a) A local agency may reimburse members of a legislative body for actual and
necessary expenses incurred in the performance of official duties.
(b) The governing body shall adopt a written policy, in a public meeting,
specifying the types of occurrences that qualify a member of the legislative body
to receive reimbursement of expenses relating to travel, meals, and lodging.
(c) The members of the governing body may adopt a travel reimbursement policy,
in a public meeting, that outlines procedures and reimbursement rates for meals,
lodging, and travel. If the governing body of a local agency does not adopt a
travel reimbursement policy, the local agency shall use the Internal Revenue
Service (IRS) rates for reimbursement of meals, lodging, and travel, (J.';
established in Publication 463, or any successor publication.
(d) If such lodging is in connection with a conference, lodging costs shall not
exceed the group rate published by the conference sponsor.
(e) Members of the legislative body shall use the most economical mode and class
of transportation and lodging available that is consistent with scheduling needs
and cargo requirements. Members shall use government and group rates for
travel and lodging when available.
,..,
(f) ) All expenses that do not fall within the adopted travel reimbursement policy
or the IRS reimbursable rates as provided in (a), shall be approved by the
governing body, in a public meeting before the expense is incurred, except as
provided in subdivision (d).
53232.3 (a)A local agency shall provide expense report forms to be filed by the members
of the legislative body for reimbursement for actual and necessary expenses incurred on
behalf of the local agency in the performance of official duties. Reimbursable expenses
shall include, but not be limited to, meals, lodging, and travel.
(3) Expense reports shall document that expenses meetIJ the existing policy for
expenditure of public resources.
(4) Members shall submit expense reports within a reasonable time after
incurring the expense, as determined by the legislative body, and the reports
shall be accompanied by the receipts documenting each expense.
(5) Members shall provide brief reports on meetings attended at the expense of
the local agency at the next regular meeting of the legislative body.
~
(6) All documents related to reimbursable agency expenditures are public records
subject to disclosure under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title l).
01/19/20054:17 PM
........
53232.4 Penalties for misuse of public resources or falsifying expense reports in
violation of expense reporting polices may include, but not be limited to, the following;
(a) The loss of reimbursement privileges.
(b) Responsibility for restitution to the local agency.
(c) Prosecutionfor misuse of public resources, pursuant to Section 8314 of the
Government Code or Section 424 of the Penal Code.
Sec. 2.
Article 2.4 - Ethics Training
53234. For the purposes of this article, the following terms have the following meanings:
(a) "Legislative body" has the same meaning as specified in Section 54952
(b) "Local agency" means a city, county, city and county, charter city, or special
district
........
53235. a) Each member of a legislative body of a local agency, except a member
whose term of office ends before January 1,2007, and each designated employee of a
local agency serving on January 1, 2006 shall receive training ill ethical standards of
conduct before January 1, 2007.
(b) Each member of a legislative body and each designated employee who commences
serving a local agency on or after January 1, 2006, shall receive training in ethical
standards of conduct no later than one year from the first day of service to the local
agency. Thereafter, members of a legislative body and designated employees shall
receive training in ethical standards of conduct at least once every two years.
(c) The legislative body of a local agency shall designate the employees who shall
receive training in ethical standards of conduct for the purposes of this section.
~
53235.1. (a) A local agency shall provide information on training available in ethical
standards of conduct, that meets the requirements of this section, to members of its
legislative body and designated employees at least once annually.
(b) A local agency may offer a training course in ethical standards of conduct that
meets the requirements of this section.
(c) A local agency may identify online courses, conferences, seminars, or other courses
that meet the requirements of this section.
(d) The Fair Political Practices Commission and the Attorney General shall jointly
develop curriculum appropriate for the training in ethical standards of conduct for
members of a local agency legislative body and designated employees.
(e) The curriculum for training in ethical standards of conduct shall include
information regarding potential ethical abuses relating to, but not limited to, all of the
following:
( 1) The direct and indirect business relationships among members of the
legislative body of a local agency, contractors, and vendors, and between
members of the legislative body of a local agency and officers and employees of
other public agencies.
01/19/20054:17 PM
,...
(2) The solicitation of campaign contributions by members of a legislative body,
officers. or employees of a local agency, and the receipt of contributions from
bidders, contractors, and subcontractors.
(3) The use of public resources for a campaign activity, or personal or other
purposes which are not autlwrized by law.
(fJ In order to satisfy the requirements of Section 53235. members of the legislative
body and designated employees of a local agency shall complete training in ethical
standards of conduct that meets the requirements of this section.
53235.2. Notwithstanding Section 53235, a member of a legislative body or a
designated employee who serves more than one local agency shall satisfy the
requirements of this article once every two years without regard to the number of local
agencies with which he or she is affiliated.
53235.3. (a) A local agency shall maintain records indicating the following:
(1) The dates that members of the legislative body and designated employees
satisfied the requirements of this article.
(2) The agency or entity that conducted the training.
(b )Notwithstanding any other provision of law, a local agency shall maintain these
records for at least five years after the members of the legislative body and designated
employees receive the training. A local agency shall make these records available to the
public for inspection.
,..,
SEe. 3. lfthe Commission on State Mandates determines that this act contains costs
mandated by the state. reimbursement to local agencies and school districts for those
costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
- 0-
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Reservation in the name of
(/ist additional names on reverse side)
Firm Address
Phone Please make - reservations $45 pp/$450 table
Check enclosed in the amount of $ Credit Card
Entrée Selections London Broil Chicken
RSVP by February 3, 2005 San Bernardino Area Chamber of Commerce
(909) 885-7515 P. O. Box 658, San Bernardino, CA 92402
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CSDA ALLIANCE
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Thr N"" Board M""b" Tmining h4s b«n ""ignd'P'ciJi<ally fir
p"Uzl distria board mmobm and Inn:rd d,oirJprniárnø in orrin-
to provide thr took, """"ground and owrtdllmowkágr """""7
to h<lp ""Dig"" the fint yrar ofgovrrninga pmal district and br
an rJfie'¡vr t.adrr.
UnU¡uL to thu training u"""thr progromh", b"" """"'pedfir
p,,;./ dÙ,,;eø by p<cUzl distri"'. N""IJ >rated dimtonltrus-
should toke nd""n"'K' of thu oppo""nisy to CO"" togrthrr at this
rducaha""/ rxprrimer.
NEW BOARD MEMBER TRAINING
A workshop fir new!! eke"" .,. appoinud sprci4/ distrks ojJicisús.
A n<>vly de""d M ,!,polnled offi,laI mould "'gin thel, po,ltion
on "p<cial d~tri" board wlth..otidundrmandingofwlw the
role ,",ails" wdl" a oomp!"e undrmandlng nf the law> that
mu>, '" IOllowrd. CSDA:, N<>v Board Mem"', T<ainíngprovid"
attend"", with ,hi, wIllable inlORnation ond the tools th<y nrrd
to dfretlvdy g"""rn and advo"," on thrl, dßtrid, "'half.
A"",d", willl",ve this wo,lGhop undr",onding...
. The majo, kglslatlve ;"U" that aIfrct ,p<ci.J di",im (Prop.
13, EMF, LAFCO, "ate &: locù fiocal ,datlonmips, "c.)
. Thr ba,1", of ,p<ci.J disttim including thrl, hi"ory, "'uC<Ute,
o.garuuriooal diJI<"o=, funding mrchanis... and the role
th<y play io rommunltl"
. A boa«i rnem"'" rol" and "'po..ibiliti"
° M.king and approving ,!,propriate dimi" poll')'
° Community leade"hip
0 Stta"gi, thinking
0 Developing and p,tricipatiog in ,he board', mlon
and putpose
. How to '" an advo"", foe 'prei.J di",im
. The intergovernmental ;"U" and ,,!ation,hip' between
citi", oounti", special dl",im, schools, LAFCO, and "'"
government
'T"nd, in 'prelal di",ka
. The law> that govern ,p<ci.J di"rica ond tbeit board mem"'a
u Ralpb M. Btown As;t
0 ConfliCt of in"",tJedU" la",
The New Board Member Ttaining progatn ~ meant
to give attendees an introduction and overview of
Sp<ci.J D~"iet Governance. The CSDA Speåal
Dirnict Govemanoe Academy will take the major
oomponena one ""p fimhe, ro drliv" a mo" in-
depth undemandin~
The a=l,,"y ~ the advanrrd t<aining ,hat follow,
this New Bo,«i Memb" Ttaining. The a",demy,
whicl> .... c","ted to p,ovide governance training
ro ,p<cial di",i" officials, 00""" of 4 cutticulum-
ba,ed oou"" Including the IOllowing:
. Governance Foundatio..
. Setting Direction/Community Leade"hip
. Board', Role in Finance &: FU<:a! Accountability
. Board', Role in Human !k.oUtt:"
Registration p",",..m mpin .[ft,.. ft' .d";,i..ala",..J",
0 MEMBER-II85
0 FEBRUARY 7. 200'
SACRAMENTO
0 NON-MEMBER-$22'
0 FEBRU'RY 18. 200'
SANTA"'"
0 M.<RCH 10.200'
FRESNO
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QUESTIONS: Gúiftmia Sp«iaI Dissrim AweÙ,,",.
11 /2/ Stmt. Suite 200
Sacmm"'to, 01958/4
toU-þ" 877.924.CSDA (2732) . fix: 9/6.442.7889
_~tWATEREDUCATION .
~ FOUNDATION
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Water Education Foundation's EXECUTIVE BRIEFING. March 24-25, 2005. Radisson Hotel, Sacramento
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At this dar and.¡ hIli ('\ml, lop fJ°Íicy mai,ers .J¡¡~!
/mdin.~ agricultural, em jm¡¡,¡~('¡¡!,J and lIi'iW¡ ¡¡ aiel'
stalœ/¡o/dcrs It iJl iJI' J' iii<, ¡}¡( dÎ("'ll)iUJïlk-¡i(;i/' 'I,,'
Tilt' (0101'<1(10 ~í\t'l B,,"in d:AFiht
Flood M<lIl.l;!,('l11i'iil
The S.l<T<lllwnlo '.111 )o,:qul!1 ! )PH"
, Hclch Heldl\'
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.\ hril'lìng ior "all'r di,lric! l11al1.1gl'r' and hllJrd I11l'l11hl'r"
,I,ll<' ,1nd i"dl'r,11 agl'lll\' o1Ïici,lli, lilv and lOunh go\"llll11l'nl
oiiil;,l!', i,lI'l11l'r" ,ll1l11'nl'v" lO'N,lling l'l1gilll'l'rs, hlbi,H'"
(""luti,,', ,111d pllh!il il1ll'n',' groIlP'-
Register by Feb. 18 and receive a FREE
Layperson's Guide to the Delta - updated in 2004!
~'
. WATER EDUCATION 717 KSlreet,SuÌle_-
.' Sacramento, CA 9J81 ~
, .' . 'FoUND A ffO1\f ::::: :;:~~:: ;.~ -' ,'.. -
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NONPROFIT ORG,
U.S, POSTAGE
PAID
SACRAMENTO, CALIF.
PERMIT NO. 430
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Time and Place: Thursday, March 24, 9 a,m.-4:30 p.m. (registration
begins at 8 a.m.) Friday, March 25, 8:30 a.m.-12:30 p.m, - Radisson
Hotel, 500 leisure Lane, 5 minutes from downtown Sacramento
, ,.
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Registration: $2S0 for foundation major contributors ($1 00 or more I . 5 :z:
annual contribution); $300 for non-contributors. Thursday-only: $175 for JAN 1 0 200 ::::
major contributors; $200 for 110n~ontributors. Fee includes a continental .!IM"'~~AUTO""3-DI GI T 923 ....
breakfast both days, and lunch and a hosted reception March 24. [as \}'fJ~y Hðl 12781 ~
ROBERT E MARTIN ~
East Valley Wd 0
po Box 3427 I\)
San Bernardino CA 92413-3427
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Hotel Reservations: We have secured a limited number of rooms at the
special rate of $84, plus tax, per night Contact the RadissOl1 Hotel at
800-333-3333, Be sure to say you are attending the Water Education
Foundation's briefing.
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exciting event or visit our web site, www.watcreduœtioo.org
~ > The premiere source for water resource information!
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AWWA Annual Conference and Exposition
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The World's Water Event
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124th Annualconfe,rence and EXPOSitiO,',"",", ::'"",~~~,'{~,i.i61¡¡;~:~~,~,"~ ' ,
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CONFERENCE ANNOUNCEMENT
www.awwa.org!ace200S
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Advocacy
Communications
~ Confarences
Education and Training
Science and Technology
Sections
American Water Works
Association
The Authoritative Resource for Safe Drinking Water'
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Dear Water Professional:
I invite you to join me and thousands of our colleagues at AWWÞls 124th
Annual Conference and Exposition (ACE) in San Francisco-the most
dynamic and comprehensive water event in the ~orldl
ACEO5 is The World's Water Event, encompassing all aspects of water-from
source to treatment to the tap-and covering exciting issues that affect
everyone from North America to Asia. ACEO5 provides the perfect opportunity
to learn alongside others who are dedicated to safe water and share your
own valuabie knowledge and ideas.
ACEO5 will address some of the most pressing issues In the water
community, including infrastructure repair and replacement concerns, water supply challenges
and solutions, the Impact of pending regulations, security considerations and many more topics.
Through the workshops, professional programs and the extraordinary exposition, you'll come
away from the conference ready to face the world's water challenges.
But for me, some of the best moments at ACE are those Informal conversations with
colleagues who share a deep commitment to safe water and public health. There's
simply no better place to gain valuable new insight from the sharpest minds in
the water community while enjoying the company of good friends.
I hope you'll join me and thousands of our closest friends at ACEO5
In San Francisco.
'W' Sincerely,
~~. rn~ a-
Katie McCain
President, American Water Works Association
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,nle'""" . ,I, 0"""" d"" sect,o" levuls, In DUd'¡.on 10 con"lrohcns"e conlc'l'oces fur ':,,'1c, ",oless,on,,'s, ,\l^iWA 1105'. ,'","oty "I ,',o.I"',u," ',y"'pes.,,
!c'le, 0"" 0'" O"Wi,lms locusou on opo,,", .lspects 01 ""ltcr stc:.Jrds"'o,
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June 12-16, 2005 TABLE OF CONTENTS 3
(
¡
A World of Activities
5
Conference at a Glance
A look at whafs happening, and when,
6
ACEO5 Highlights
Take advantage of these special features of this year's event
7
Worflshops
Seventeen workshops are available on Sunday to provide practical, in-depth
information that can supplement your conference experience perfectly.
10
Preliminal)' Professional Program
More than 90 sessions will be presented over four days by leading experts in
their fields. Choose those that best fit your professional needs and interests.
15
Exposition
Find the newest technology and services for every aspect of the water industry.
Activities & Events
These special conference features are great opportunities to network, socialize,
get informed, and enjoy yourself.
16
20
Facility Tours
See in person how local facilities are handling their operations, with nine tours
to choose from.
22
Spouse and Guest Program
There are plenty of things for your guests to see and do at the conference
and we've made the arrangements for you;
24
Hotel & Travel
The information you need to get you there and get you around.
Insert
Registrotion Infannatlon and Fonn
Hotel Reservalloa Fonn
SpouseJGuest Tou... Registrot?on Fonn
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I; '. 12"111 Annual Conference and Exposition
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ACEO5
June 12-16,2005
Moscone Center
San Francisco, California
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TI1è: World's Wa~erEvenf5M
For \he past 123 years, the AWWA Annual Conference and Exposition (ACE)
: has served as the source of knowledge and information for water professionals
, YÌho work fD IÓ1Prove the quaiity and supply of water In North America and be~nd,
, , " ,
'" ,'MUCh hás ,éhanied since that first meeting, as today the world faces
, crjtlcaFlssues, such, as aging infras,tructure and how to finance its
) .,replace,mènt, water ~uppliesfor the futÙre; impacts of pending regulations, and
, '¡ 'j the c~nti~ued i~portance pf securing our water supply,
" We invlté you to, find the 'information you need to meet these and other
, , ' challeng¿syou fàce by joining your peers in San Francisco for ACEO5, You'll
) leatti from induStry exþerta in the ~elci, hear about cutting edge research and
) :exceptionai' bes! practices, and have the opportunity to ask questions, seek
I"""". ,,)) advice, snd: int~!aC\ w~th other"wa!er professionals regarding both universal
) " tOPICS and Items specifically focused to' meet your needs,
" 'j Y¿J'II)~lsO~ha:e;ac~:~'\o,thé I~tesi products and services available to the
water industry througll the ACE05 Exposition, With more than 500 exhibitors
,") Ion hand ~'a(lSWèr ~úrquèstlQns and educate' you about the latest technOlogy
, ) 'J "ánrj se~vicè~ available, ¡ou:ii gather valuable Insigllt and contacts with
)', c,ompanies, whòse go,al is to help you improve your resuits,
" '-,"" 'j'" ') ) ',-'," 'J
,,' ') As yoúçoniinu~ to,grow and ,deveiop your career, put the power of The
..> ") l',Iorld"s Vjater ljYent'" to'wòrkJor yOu arid yOur prganizatlon, Plan to attend
¡. ) th'e oj1~ev~tjWhere \,>ù qui get all the information \'>U need, sharpen your
¡ ) ) sl<ill~, amt ràpie~ish your passion)O become better stewards of water for the
,) , ) Ø'e¡rtest, ~ of the People. and, the enVIronment-ACE05., The I'.brid's Water Event!
¡ 1 '" ¡ v
Register to Win!
ACE05 is giving away American Express Giftcards in amounts ranging
from $500 to $3,000 and all you have to do to win is register!
cRe~~~t~~;~;~~¡~~".""~'-"'~:::~-r"'," ',.,'..,.¡,""
Register by March 18
as a one-day, exhibits oniy, student,
or operator attendee Get 1 automatic entry
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MakeYour Hotel Reservation
Through AWWA by May 13
Get 1 automatic entry
Plus there'll be numerous opportunities for more chances to win
throughout the conference. Don't hesitate-register today and you're
on your way to winning!
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June 12-16. 2005
1
1- Conference at a Glance
Saturday, June 11
8 a.m.-5 p.m.
Registration Open
Sunday, June 12
7 a.m.-6:30 p.m.
8 a.m.-4:30 p.m.
8 a.m.-4 p.m.
9 a.m.-4 p.m.
12 noon-6:30 p.m.
4-6 p.m.
4-6 p.m.
Monday, June 13
Registration Open
Spouse & GuestTours
Water For People Golf Classic-NEW DAYI
Wor1<shops
Exposition Open
Welcome Reception in the Exhibit Hall
New ProductTechnoiogy Showcase
With Representatives Avaiiable
7:30 a.m.-5 p.m.
8-8:30 a.m.
I 9-10 a.m.
.~ 10 a.m.-5 p.m.
I 10 a.m.-12 noon
11 a.m.-2 p.m.
12 noon-2 p.m.
12:30 a.m.-3 p.m.
12 noon-6 p.m.
1-1:45 p.m.
1-5 p.m.
2-5 p.m.
2-5 p.m.
3-5 p.m.
5-6 p.m.
Registration Open
First-TIme Attendee Program
Opening General Session
Exposition Open
New Product Technology Showcase
With Representatives Avaiiable
Pipe Tapping Competition (women's preliminaries)
Poster Session With Authors Present
Top Ops Competition (preliminaries)
Spouse & Guest Tours
Monday Plenary Session
Facility Tours
Professional Sessions
Poster Session
Pipe Tapping Competition (men's preliminaries)
Exhibitor Product Demonstrations
events win take
An ACEOS " Moscone
place at \: e B "'ding
South U\
Center- "se noted
unless otherw\ .. . ... .j
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Tuesday, June 14
CONFERENCE AT A GLANCE 5
7 a.m.-6 p.m.
7:30 a.m.-6 p.m.
8-8:45 a.m.
8 a.m.-4:30 p.m.
9-11 a.m.
9 a.m.-4:30 p.m.
9 a.m.-4:30 p.m.
10 a.m.-6 p.m.
12 noon-1 p.m.
12 noon-2 p.m.
12 noon-2 p.m.
12:15 p.m.
1-2 p.m.
1:30-3 p.m.
2-5 p.m.
4:30-6 p.m.
4:30-6 p.m.
5:30-7 p.m.
5:30 p.m.
Spouse & GuestTours
Registration Open
Tuesday Plenary Session
Facility Tours
Pipe Tapping Competition (men's preliminaries)
Professional Sessions
Poster Session
Exposition Open
Top Ops Competition (preliminaries)
Poster Session With Authors Present
Water Industry Luncheon
Prize Drawing in Exhibit Hall
Top Ops Competition (finals)
Women's Networking Event
Pipe Tapping Competition (men's preliminaries)
'Tuesday Afternoon Club" in the Exhibit Hall
New Product Technology Showcase
With Representatives Available
Student, Employer, and Young Professionals
Meet & Greet
Prize Drawing in Exhibit Hall
Wednesday, June 15
7 a.m.-3 p.m.
7:30 a.m.-5 p.m.
7:30-8:15 a.m.
8:30-9:30 a.m.
8 a.m.-5:30 p.m.
9 a.m.-1 p.m.
9 a.m.-1 p.m.
9 a.m.-5 p.m.
9:45 a.m.-5 p.m.
11:30 a.m.-2 p.m.
12:15 p.m.
7-10 p.m.
Spouse & GuestTours
Registration Open
Early Bird Sessions
H20pen Forum: The Value of Water-The Big Picture
Facility Tours
Exposition Open
Pipe Tapping (women's and men's finals)
Poster Session
Professionai Sessions
AAEEjAIDISjAWWA Luncheon
Prize Drawing in Exhibit Hall
Annual Banquet
Thursday, June 16
B-11 a.m. Registration Open
9 a.m.-12 noon Professional Sessions
12 noon Ciose of Conference
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6
PROFESSIONAL PROGRAM
ACEOS Professional Program Highlights
If you're a water professional, the ACEO5 professional program has
something for you! The professional program presents issues covering
, all aspects of water, with the best minds in the industry presenting the
latest information. See pages 10-13 for the listing and schedule
of sessions.
Executive Track
If you are a utility executive, general manager, or CEO, plan to attend
these four sessions dealing with the most timely issues affecting how
you do your job!
. Water Utility leadership Forum
. Customer Service Begins at the Top
. Employee Recruitment and Retention:
Trends in Benefit Packages
. How to Avoid Your Worst Nightmare:
Getting the Right IT/IS System
Emerging Issues Track
Get the latest information on the hottest topics facing the water
Industry by attending the professional sessions in the Emerging Issues
Track. These six sessions, four of which are sponsored by the Technical
& Educational Council, will discuss issues that are coming to the fore-
front of the water industry.
New In 20061
Water Reuse Track
Tuesday, June 14
Co-sponsored by the WateReuse Association, this full day of sessions
will review the latest in water reuse technology and research, including
water reuse as a water source and how It will affect drinking water
supply in the future.
Expanded TIll. Yearl
Local Interest Sessions
Issues of local interest will be presented throughout the conference
during the Special Topics Track. Topics to be covered include
. Chemistry of chloramine in water treatment
(Sunday workshop)
. Regulatory issues for small utility communities
(Sunday workshop)
. Nationai public health and utility cooperation
. local public health and utility cooperation
. San Francisco perspectives on water quality issues
. Community outreach and public participation
ACEOS
',,;f'.
Contact Hours;;:;:;
AWWA is pleased to pffer ACE05 attendees Contact Hours for 1::"';::
most Sunday Workshops and those-,professional sessions within';;~' I
the Distribution, Water Quaiity, and Small Systems tracks. If "~(,
you wish to take advantage of,thëopportunity to~arn ContactJ;~'
Hours, you will need to attend a minimum of 90%' or moreof ;';'JX
the designated workshop/session ,and be scanned in and out .-';',
of sessions to document attendance. Contact Hours are awarded::!:",
on a one-to-one ratio' [i.e. a three~hour workshop/session will " ,-'.
earn three Contact Hoursl. Instructions to obtain certificates of ;is'
completion will be available on site. ',I
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Note on Contact Hours: It is the responsibility of eachindividua'r:;:
to apply to hislher state for Contaçt Hour approvà!. While AWWA'~¡;:
course work may be approved in a'¡¡¡ven state, this does nat";Y.,{
mean that the certification aiJlhoiïty will deem allAWWA ' ':<};tC:
conference sessions relevant to á given type of certification: ',{":,t,,
Therefore, It is always a good ideeta confirm that course viòrk::p:,::
meets the relevancy criteria establl~hed,by your staie. :::j::~;)i:,:
Prof~onal ~yeIO~~nt~~ )U~:;; ,:]:}I.
Professional developmenthoulS (PDßs) are .valláble for :,::'j~:
attending conference' professionaLsessions; the 'exhibit hallr" ,'~
facility tours, and conlffiittee meeti~~. PDHs are'acqulred oil'a '~'::
contact hour basis (one PDH for e~ch houráttended}.lt is the':;.",
attendee's responsibility to keep his or her own record of ' , "
PDHs, including what was attended; where it was' held, when' '.
It occurred, session length, and the number of PDHs earned.'
Forms for tracking professional development hours will
be available at the registration counter.
"'.
Ealiy Bini Sessions
Wednesday, June 15
730-8:15 a.m.
Wake up early on Wednesday and attend these special sessions on a
variety of up-to-the-minute topics affecting the water industry.
.........
ACEO5
Registration Information
I
A_A Annuo' Con"""" ond Ex....'on
Th. World' Wot" E"nt"
June 12-16,2005
San Francisco, California
Register Early and Avoid Lines
at the Conference!
If you are registered by April 22, 2005, and have paid in fuli, your
name badge(s) will be mailed to you on May 18, 2005,
This applies only to US and Canadian registrants. Ali other registrants
should pick up their name badges at the Moscone Center.
Register to Win!
ACE05 is giving iNlay American Express Gittcarns in amounts
ranging from $500 to $3,000 and ali you have to do to win
is registerl
:Reg!sÌet hfMiiiclil1í ~" " ,Qet ~àtrtOinatic..ntrles "
~')s alull-cOliferènce,a1!eÍlaee,:
Register by Malth 18
as a one-day, exhibits only,
~iiæiJ~~~tj'.~J;i;~~~~~"l ~~? X'>::
Plus there'li be numerous opportunities for more chances to
win throughout the conference. 00n1 hesitate-register today
and you're on your way to winningl
Get 1 automatic entry
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Registration Options
~1~!i
~FaxtCI.303.341.0804; '., . .' :Ol>n..r, 0080235-;'3098 .
.:~~úit:~,~,nly:ro~tína¡1 yourforn¡'.us~<~>:~' .'>.
Registration Instmctlons
. Use one form per person. Piease photocopy if more than
one form is needed.
. Online and faxed registrations can be accepted with credit earn
payment only.
. Fuli payment or a government purchase order is required to process
your registration.
. When AWWA processes your tegistration and payment,
you'li receive a meeting acknowledgement in the mail.
. Please make checks payable to AWWA In US funds.
p=:", ,;~{:
X
Full Registration With
Banquet
Full Registration
Without Banquet
One-Day Only
Exhibits Only
Student
Operator
Spouse/Guest With
Banquet
Spouse/Guest Without
Banquet
Child (12 or less
accompanied by adult)
ACEO5 On-Site Attendee & Exhibitor Registration Hours
w
Saturday, June 11
Sunday, June 12
Monday, June 13
Tuesday, June 14
Wednesday, June 15
Thursday, June 16
8 a.m.-5 p.m.
7 a.m.-6:30 p.m.
7:30 a.m.-5 p.m.
7:30 a.m.-6 p.m.
7:30 a.m.-5 p.m.
8-11 a.m.
Cancellation Policy
Canceliations must be received in writing,
on company ietterhead, and faxed or mailed to
AWWA. Phone canceliations are not accepted.
Ali canceliations postmarked/fax-dated by
Aprii 22, 2005, will receive a refund minus a 25%
administrative fee. On or after April 23,2005,
canceliations will not be refunded; however,
substituta tegistrants are welcome. Fax requests for
substitutions or canceliations to 303.347.0804.
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AWWA Ann'" Conf...n", .nd ',p<>sltton
Th. Wo,'d' W..., E...nt-
Spouse & Guest Tours
Advance Registration Form
June 12-16,2005 San Francisco, California
To register for ACEO5 spouse and guest toUtS, please complete and return this
form and check or money order (US funds only) or fax the form with your credit
card information. To ensure confirmation of your registration, please include your
e-mail address or fax numbet. The ACEO5 tour company, PRA San Francisco, will
send confitmation within 3-5 business days.
0 Special - AWNA supports the Amencans with
Disabilities Act, which promotes public accessibility for the
disabled. ~ you require special equ'pment at services, please
provide your specmc needs on a separate sheet AWNA will
contact you In advanca to ensure yout needs are met
Tours
~i u..12.. , ",
Rise & Shine: The Emba",adero
Aicatraz & Pier 39
San Frandsco Deluxe C Tour
Sunday Brunch Cruise
Grace & Sophisticadon:The Private Homes of San Francisco
'ÌlÔll!fìíÝ¡JÚ"J3,."'£h',:,;' /,
Presidio Walkln Tour
The California Wine Collection: The Mediterranean
Comes to Cemeros
Vlctonan Homes
San Francisco Deluxe Ci Tour
Alcatraz & Pier 39
":!I!~,JÍÌjIO:i'¡',: »)'>:",,:, -
Rise & Shine: The D as of Chinatown
Monterey & Carmel with t7-mlle Dnve
Japanese Tea Garden & The Conservatory of Rowers
Hob Nab on Nab Hill
The Cal~ornia Wine Collection: A Day in the Wine Country
Cable Car Progressive lunch
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Rise & Shine: San Frandsco's UttIe !tal
East Meets West
Aioli Estate & Gardens
limes
Include.
Lunoh
Amouat
Quantity
Price
, è.." ':..,',
7:15-8:45 a.m.
8 a.m...6 p.m.
9 a.m.-! p,m.
9 a.m,-1 p.m.
9:15 a.m.-5 p,m.
11:30 a,m.-3:30 p.m.
..c'"
c, ",
',j:"'"
01'
C"""',":r,~' ,;":",',,i/"'"
'See Spouse & Guest Tour Oescnptions on pages 22 & 23 for tour limits.
Grand Total:
Re¡lstratlon Deadline
The re¡¡1stration deadline Is April 22,2005.Afterthlsdate,
tourregisllation will be on a space-awll,b~ basis only at the
Tour Desk at the Moscone Cemer-South Building.
Cancellations
Cancellations must be received in writing by Apnl 22,2005
In the event of a tour cancellation, 'II pre-re~stration
money will be refunded.
Tour Departures
Tours depart promptly from the Moscone Center-North
Dnveway. Please anive 15 minutes pnor to departure ~me.
PIckIng Up l1ckols
TIckets will be heid at the Tour Desk located in Moscone
Genter-South Building and can be picked up be~nning
Saturday,June 11 during registration hours.
questions?
Call PM San Franc~co at 415.397.6300 or e-mail them
at lourssf@pra.com
PRA San Francisco
101 The Embarcadero, Sulle 2t2
San Francisco, CA 94105
Phone: 415.397.6300 Fax: 415,397,B301
Web: www.pra,com
E-mail: tourssf@pra,com
Tour Attendee Infonnatlon
Name:
Address:
City:
ZIP/Postal Code:
State/Province:
Country:
Phone:
Fax:
E-mail:
Payment Options
0 Check (US Funds)
0 MasterCard
0 Amencan Express
0 Visa
0 Discover
po. Number
Cardholders Name:
Card H:
Exp.Oate:
Signature:
AWWA 2005 /\nnool Conference and Expo,ition
Advance Registration Form
June 12-16,2005
San FrancIsco, California
0 Your Membel5hip
MI- Last Name
Ti~e
0 Your Company's Membel5hip
1!11:1
'-"
Membership Number:
First Name
CompanYIOrganiza~on
Mailing Address
City
Work Phone
Home Phone
State/Province
ZIP/Postal Code
Fax
E-mail
Country
0 IIIiI ChecJ< here if you are a first time ACE attendee,
0 InI Please send me InfolTnation on AWWA Membership,
0 Piease do not share my contact infolTnatinn.
0 ImI Speclll5erYk:os: AWWA supports the Americans with
Disabilities Act. which promotes public accessibility for the disabled.
~ you require special equipment or services, please provide your
specific needs on a sepame sheel AWWA will contact you in advance
to ensure your needs are mel
Business Type (please check one)
0 A Public Watet Supply 0 F Private InduS1Jial S¡stems 0 I Educational Institutions,
UtlIity-l.1unidpally Owned or Water Wholesaler Faculty, Students, Ubraries
0 B PublicWaterSupply 0 G Manufacturerof 0 Fully Retired
Utility-Investor OWned ~~~~;:;~:p~~Ppiies 0 K Research lab
0 C Governmental 0
DOH DistlibutorsofEquipment Lather
D Consultant & Supplies (Including
0 E Contractor Reps)
1. Conference Registration
Super.Saver Rate DlscouIIt Rate Dn-SIte Rate
onorbefore318/05 onorallor3 19/05 onorallo,4/22 05
- K_"'_bwK__"'-
M : . ;765 965' 1165 J:.oæ. _1165:;:,165
..
\
-circle...
FulI'ffegts¡rat!on:-
WI1hBa 1qUr¡¡-,'
Full Registration
Without 8anquet A
Monday9ltly"', "-""":,8--
Tuesday Only C
-l'kdnesdayl1hotS<\¡rtOnJy ,0
Exhibits On~ (not"'~".1 G
'-Sludent.(lPrequiiedr"-- If'
Operator I
Subtotal $
1,085
580
560
560
150
'55
895
$695
i385
$385
$385
$75
, "$55'
$595
895
485 .-
485
485
100
-.-55-:'
695
795
420,
420
420
75
;56
696
995
.- 520
520
-- 520
100
55
795
895
460
460
480
125
-;- 55
795
...,.
'l
3. Ticket EventslFacility Tours
~_:--IÍ\t'>:'-Plb<-" -TiItaJ :::,QIl, ~ ,Total,
~-,'- r~I¡j$175)~ --'-I, I" I --
:rf"~"L ~~I':TotaIlmr::~": I:::I-~'~~"
IT."" 1m r'~':r.'I:: I ",~', ""
~~,:,' '!'Itœ, ~-- '- -- ~,-,......- J~
om - @$20 liD @$50
mJ _@$50 mJ== @$25
DE @$50 IIIJ @$70
DB == @$55 1m == @$60
Sobtotal $
Codes for ticketad events, lacility tours, and wor1<shops are explained on the back of this 101Tn.
-'
Cancellation Policy
Caneellatinos must" "ee;,ed in writin!, on company letle"..d. and wed "mailed to AWWA. Phone
caneellatioosare""taceepted.~lcaneellatioospnstma"'d/~x-date< byAprll22,200S,wlll"eelvo
a "tund minus a2S% administrativofee, On "after April 23,200S, caneellatioos will notb e
"tunded; however, StJbstiMe ..~strants a.. welcome, Fax ..quests fur subs1itutioos "caneellations to
303.347,0804.
This form is not valid lor onsite registration. II you are registering as an exhibitor,
piease do not use this form.
2. Su!lday Workshop Registration
Wor1<shps are optional and are an additional cost
,-,-",', , MeÀIIIor "NànOllilnÍber','-':o 'foI8
I:'I!I!IìI $280 $380
I:'!!mI $280 $355
I:'I!ImI $255 $355
I:'!!ImI $255 $355
mD $255 $355
13!1!1 $255 $355
II!ImI $255 $330
I!!mJ $230 $330
Ii!!m!!J $230 $330
I:'ImID $230 $330
mmm $230 $330
L'!!Jm] $230 $330
mmm $75 $75
mIm FREE FREE
~ FREE FREE
r:mm FREE FREE
Sublotol$
4. Spouse/Guest Registration
QTY PRICE
$100
TOTAL
m Spouse/Guest
with 8anquet
II) Spouse/Guest
without Banquet
m Child (registration
and a_es)
Name;
Name;
Name:
$30
$30
SUBTOTAL: $
5. TotaVMethod of Payment
0 Government PO 0 American Express
0 Check 0 Discover
0 MasterCard
0 VISA
Total Amount Due:
Card #:
Exp. Date:
Signature:
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ACEOS
Hotel Reservation Form
San Francisco, California
June 12-16,2005
Hotel Reservation Deadline: MAY 13, 2005
AWWA An"",, C""',,.,,'"."" Eop","'"
",._",w...""",,"
Do Not Send This Fonn
to AWWA Headquarters
Make Your Reservation
. Online www,a\\Wa,0rg/ace2005
. By Fax to AWWA Housing Bureau at 330,963,0319
. By Mail to AWWA Housing Bureau
2451 Enterprise Pkwy,
Twinsburg, OH 440B7
Reservation requests received after May 13, 2005, wiil be accepted on a space
available basis at the hotei's prevaiiing rates, if rooms remain,
Telephone reservations will not be accepted. Online hotei reservations are the
quickest way to secure a tOom. Hotel registration by fax or mail assigns your
tOom on a filSt-come,filSt-served basis as received by the Housing Bureau.
For any housing questions, please call 330.425.9330.
Attendee Information
FilSt Name
Company or Organization
M.I.- Last NamelSumame
Mailing Address
StJlte/Province
CIty
ZlP/Postal Code
Fax
Country
WoII< Phone Number
Home Phone Number
E-mail
Hotel Information
Usì arrival and departure dates. A room required two or more days before or after the conference may not be avaliable.
If dates are not listad, this form cannot be processed.
Ani.al Date
-/-
Month/Day
Departure Date
-/-
Month/Day
Ust Your Hotel Preferences
The Conference Headquarters Hote/ls the
San Francisco Marriott. Piease iist hotel preferences
using codes on the back of this form.
Special Requests (not guaranteed)
- Smoking - Lower AoO/'S
- Nonsmoking - Crib
- Please check here if you have a disabiiity that may require special
servIces and attach a written description of your needs.
First Choice
Second Choice
ODD
ODD
ODD
Additional Room Occupants
Do not duplicate room requestsl If you are sharing a room, designate one
pel'Son to send the request. If occupant is a chlid, please list age.
Namelal of additional occupant!a)
Third Chalco
- I wish to be placed in the Canadian Headquartel'S Hotel,
the Handlery Union Square.
Room Typo Desired
- 1 Person/t Bed
- 2 People/1 Bed
- 2 People/2 Beds
1.
- 3 People/2 Beds
- 4 People/2 Beds
2.
3.
Payment
All rooms require a credit card number deposit in the
amount of one night's lodging plus tax. No checks will be accepted.
This deposit is nonrefundable if you are a no-show. All cancellationsl
changes must be made in writing and faxed to the AWWA Housing
Bureau at 330.963.0319. Refunds of deposits will be made oniy on
cancellaJjon requests received 72 hours prior to the day of scheduled
arrival. For all cancellations made after April 22, 2005, a $50
processing fee will be charged to your credit card.
0 American Express 0 Diners Club 0 Discover
0 MasterCard 0 ViSA
Exp. Date
Card Number
Print Name
Signature
ACEO5 Hotel Information
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Benefits of Reserving
Rooms at Official
ACEO5 Hotels
Special rates have been
negotiated at a number of hotels in
San Francisco to accommodate the
variety of needs for aU our attendees.
By booking your rooms through
Conferon, the official AWWA Housing
Bureau, you are supporting ACEO5
and gaining access to many
benefits, including
. Discounted hotel rates
. Access to conference
functions held in official
hotels
. Networking opportunities
with conference attendees
and exhibitors
. Experienced reservation
agents available for aU your
housing needs from the time
you make your reservation
until the completion of the
conference
. Protection of your
reservation when hotels
oversell their rooms
. Dn-site assistance provided
at the conference
Hotels HoIeI Room Rete 1 or 2 3 or More Adults *2004 Mob"o Star **2004 Triple A
Code Adults Per Night Additional Rete RatIng Diamond Ratlng+
lTax Not Included) Per Night + See Disclaimer See DIsclaimer
0 Argent Hotel ARG $195 $2514 ppl max *** ....
e Canterbury Hotel CAN $129 $15 ** ...
0 Grand Hyatt GHY $185 $25 **** ....
0 Handlery Union Square RAN $t49 Historic $tO *** ...
(Canadian) $169 Club
0 Hilton San Francisco HIL $195 $20 **** ....
0 Hotel Nikko NIK $199 $30 *** ....
0 Palace Hotel PAL $2t9 $40 **** ....
0 Powell Hotel POW $109 $10 *** -
Ð Renaissance Pare 55 Hotel REN $195 $20 - ....
$ San Francisco Maniott SFM $224 $20 *** ....
(Headquartel$¡
œ W Hotel WHO $249 $40 - -
~ Westin St. Franlcs WES $199 $40 *** ....
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Workshops
Please refer to the codes and tities below when registering for wor1<shops on the Advance Registration Form.
Member
Nonmember
'siiNí;ii uritcÜré4t!onàl Àushióg,
SUN2 Evaluating Water Quality Impacls on Coagulation Performance: Getting What You Want
From Coagulation
, SO~;:,:: ~;~~d~g;.Detectl~~" a?d;~ITooöng Co~rosl~n r~~;~.!~,~~tè~ ~"6'ù~~n;;.,;iX-:g;t'J~i~f:!fYX;¿}~â}&f';'
$28D
$380
$255
$355
SUN4 How To 00 AMR Rightl A Utility Managers Guide To A Successful
Advanced Metering Project
, . SUN~_:\~: ~;;~~~ h:I~~~1;#~Îj~~~:0~~~ et~~.~~1';;~~j 1;{~?~~~~;.1;:.:~~;~~
SUN6 Taste & Odor: Sensory Decision Tree and Utility Experiences $255 $355
:èSÛ~~;~~~;~~ rtilT/i::i1jê; éå I ii~}Í1I~ 1P~denç:t;¡Ò~;,;;~'\ i'. ":<' ~~. ¿of ::t 'wtf'fc~~~~~j~~~7~:~i~i
SUNS Gtoundwater Injection: Modeling, Risks, and Regulations $255 $355
,.~~~:;" S.ädtu;'¡~YI'~cri~;¡¡e,~M;Mbí.Wè:~~~~S,~ii of the An~m;
SUN10 Fundamentals ofTreatment Plant Operations for Operators
$230
$330
SUN12 Setting Water Supply System Performance Goals $230 $330
.~t3;:::' ~~~d'~f'~k~b~ ~:fi~li~~~~~~~f'ä ~~~~~~~~~~~~~~1*¡~~~~~'jI.'fl~
SUN 14 Chemistry of Chloramlnes in Water $75 $75
SUN 16
How to Get Published or Subm~ an Abstract-Unraveling the Mysteries
TIcket Events
Facility Tours
PRICE
PRICE
;~~~~~5J~~£~E~~~r'd@j'.
1§It_~¡Eg~*i~1,,<~:~~~t'~'~~r¡; t 'è~;:;\', :r;- Z ¥~;].' ;:i,i,
m
m Water Efficiency for the Commercial
Food Service Sector
$25
Water For People Goff Classic
$175
m
m
'i~~)¡1 ,f:t'~r>l'!~R~tg:~l4{~lJìi1:)~;:¡it..
m EDMUD's Seismic Improvement Program $25
III Marine world & Fleming Hili WTP $55
iii Two Membrane Plants & a Rubber Dam $50
III HarryTracyWaterTreatmentPiant $50
Kenneth J. Mmer Founders
Award Breakfast
First TIme Attendee Program
$25
Free
,~!:'.~.,
OJ
"'-E$bAV::<~;»:'.'¡>';'~~j"éT'\;.'F',';:+.,"';:'i:,~\~,:;,;"ii,., .
.._-~;" ,"','..".. 'v
II!!I Fuller Award Breakfast
liD AAEE/AiDIS/AWWA
Luncheon
1m AWWAAnnual Banquet
iiD John H. Ware, Jr.
Fellowship Luncheon
liD Napa Sonoma Marsh & Viansa Winery Wetlands
IIEJ Sunol Valley Water Treatment Plant
fiB Historic Green Valley Fallis & Fleming WTP
nIl Seawater Desalination Pilot Plant & Bay Model
$50
$50
$20
$50
$55
$25
$7D
$60