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Agenda Packet - EVWD Board of Directors - 05/11/2010
East Valley Water District 3654 HIGHLAND AVE., SUITE 412, HIGHLAND, CA BOARD MEETING May 11, 2010 3:00 P.M. AGENDA --------------------------------------------------------------------- "In order to comply with legal requirements for posting of agenda, only those items filed with the District Secretary by 10:00 a.m. on Wednesday prior to the following Tuesday meeting not requiring departmental investigation, will be considered by the Board of Directors ". --------------------------------------------------------------------- CALL TO ORDER PLEDGE OF ALLEGIANCE ------------------------------------------ --------------- ------- -- - - -- ] . Public Comments 2. Approval of Agenda CONSENT CALENDAR 3. Resolution 2010.02 — A Resolution of the Board of Directors of the East Valley Water District Notice of Completion executed by the District for furnishing and installing a new well pump for Plant 25A 4. Accounts Payable Disbursements: Accounts Payable Checks # 224048 through # 224223 which were distributed during the period of April 20, 2010 through May 3, 2010 in the amount of $240,471.10 and Payroll and benefit contributions for the period ended May 3, 2010 and included checks and direct deposits in the amount of $239,949.58. Total Disbursement for the period $480,420.68 OLD BUSINESS 5. Discussion and possible action regarding the 2010 rate study 6. K -Mart building presentation from Mission Infrastructure 7. Discussion and possible action regarding the K -Mari property NEW BUSINESS 8. Discussion and possible action regarding engagement letter from Rogers, Anderson, Malody & Scott, LLP (RAMS) 9. Discussion and possible action regarding the agreement between East Valley Water District and the Redevelopment Agency of the City of San Bernardino 10. Discussion and possible action regarding the authorization to enter into an agreement with CDM for consulting services for the bidding and construction of Plant 134 Upgrade and Expansion Project 11. Resolution 2010.03 — A Resolution of the Board of Directors of the East Valley Water District authorizing execution of a Grant of Easement to the City of Highland, and easement for the roads, drainage and public utility purposes upon. under, over and across the real property in the City of Highland, County of San Bernardino. State of California 12. Resolution 2010.04 — A Resolution of the Board of Directors of the East Valley Water District authorizing execution of a Grant of Easement to the City of Highland, and easement for the roads, drainage and public utility purposes upon. under, over and across the real property in the City of Highland, County of San Bernardino. State of California 13. Discussion and possible action regarding correspondence from the District to Senator Feinstein 14. Directors' fees and expenses for April 2010 REPORTS 15. General Manager / Staff Reports 16. Consultant Reports 17. Committee Reports a. Legislative (Standing) b. Community Affairs (Standing) c. Policy Committee (Ad -Hoc) d. Labor Negotiations (Ad -Hoc) 18. Oral comments from Board of Directors 19. Letter of appreciation to the District from the Highland Serior Center MEETINGS 20. Association of The San Bernardino County Special Districts membership meeting hosted by the Inland Empire Resource Conservation District, Shandin Hi Is Golf Course, May 17, 2010 21. Special District and Local Government Institute "Administration" Conference, OMNI San Diego Hotel, June 10 -11, 2010 2 CLOSED SESSION 22. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(b) One Potential Case 23. CONFERENCE WITH LABOR NEGOTIATOR [Government Code Section 54956.6(a)] District Negotiator: General Manager Employee Organization: S.B.P.E.A. 24. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Government Code Section 54956.81 Property: 26655 Highland Ave. San Bernardino County, State of California Party with whom District will negotiate: REO Property Group, LLC Party who will be negotiating on behalf of the District: Robert Martin Under Negotiation: Price and Terms of Payment ADJOURN ---------------------------------------------------------------------------- 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 Manager at (909) 885 -4900 at least 72 hours prior to said meeting. --------------------------------------------- ----------------------- - - - - -- 3 EXHIBIT "A" RESOLUTION 2010.02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT NOTICE OF COMPLETION BE IT HEREBY RESOLVED, by the Board of Directors of the East Valley Water District, as follows: WHEREAS, based upon the certificate of completion executed by the District for furnishing and installing new well pump for Plant 25A. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby determine that said contract is completed and the President and Secretary are hereby authorized to execute a Notice of Completion on behalf of the District, and the Secretary is hereby authorized and directed to record said Notice of Completion in the office of the County Recorder, County of San Bernardino, State of California. The foregoing resolution was duly adopted at a meeting of the Board of Directors of the East Valley Water District upon motion duly made, seconded and carried on May 11, 2010. Ayes: Noes: Absent: EAST VALLEY WATER DISTRICT George E. Wilson, Board President Attest: Robert E. Martin, Board ecretary (Seal) W2494 Ih 05/04/10 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Name EAST VALLEY WATER DISTRICT Street PO BOX 3427 Address SAN BERNARDINO, CA 92413 ATTN: ENGINEERING DEPARTMENT W2494 FEE EXEMPT PURSUANT TO GOVERNMENT CODE SECTION 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.) Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is East Valley Water District 3. The full address of the owner is P.O. Box 3427 San Bernardino CA 92413 San Bernardino County 4. The nature of the interest or estate of the owner is, in fee. None. (If other than fee, strike 'in fee' and insert. for example, 'purchaser under contract of purchase, `or lasses ") 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAME ADDRESS East Valley Water District A County District 3654 Highland Ave Suite 18 Highland CA 92346 6. A work of improvement on the property hereinafter described was completed on April 15 2010 The work done was: 7. The name of the contractor, if any, for such work of improvement was Th County Pump Company March 29, 2010 (If no contractor for work of improvement as a whole. insert 'none' (Date of Contract) B. The property on which said work of improvement was completed is in the city of San Bernardino CA County of San Bernardino State of California, and is described as follows: Orange Grove Tract East 80 ft W 100 ft North 50 ft Lot 4 Assessors Mao Book Page 20 in the Recorders Office of said County. 9. The street address of said property is 3187 North Mountain Avenue (If no street address has been difficulty ass,gned, insert, 'none') Date: May 04 2010 Verification for Individual Owner Signature of owner or corporate officer of owner named in paragraph 2 or his agent George E. "Skip" Wilson, board President East Valley Water District VERIFICATION I, the undersigned, say: I am the Board Secretary the declarant of the foregoing ( "President of', " Manager of, "A partner of, 'Owner of. Etc.) notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on May 04 2010, at Highland California. (Date of signature.) (City, where signed.) (Personal signature of the individual who is swearing that the contents of the notice of completion are true.) Robert E. Martin, Board Secretary East Valley Water District East Valley Water District Board Memorandum From: Brian W. Tompkins / Chief Financial Officer Subject : Disbursements. Recommandation: Approve the attached list of accounts payable checks and payroll issued during the period April 20, 2010 through May 3, 2010. Date: May 11, 2010 Background: Accounts payable checks are shown on the attached listing and include numbers 224048 to 224223 for A total of $240,471.10. The source of funds for this amount is as follows: Unrestricted Funds $240,471.10 Payroll and benefit contributions paid for this period totaled $239,949.58. 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CL LV 0 IM z LU tL LU NMI LU U 0,.0 0 4� U-) T) Q) N LL V 4-J E O O WR ft E 0 (U 4 (1) 4-j Vf t7-" L' U) cn Q) C-) Lr) 0 0 U) V) (t 0 Ln bJJ C/) 0 0 4-1 0 I 0 4--1 N LL v Q) O O (D 0 Ln bJJ C/) 0 0 4-1 0 I 0 4--1 N LL v Q) O O z 0 0 LL 0 O 0 z 4• cz 0 `A uj z LU �lt cc 0L S 0 z LU O V) E U Q) G V) 0 a o- r O �O L O +-' V) a� a� a v a� a� v O 0 L a � L Q) O C +- s- O t C1 +—' c� O c _a ° +o o � w --j A N E N v V O Q) =o _CT O c.n r a� v 0 a � 6 O LV 0 0 w to O L O E� O Ul i � 0 0 s- ) -A D 0 O c� y O `� Q) o r) LO C Q E Q� E S- -C -- +- O t- O m 7) nn D >, b0 O -° di b� +� >1 D w r- m w Y O + O � v • • • O O D 0 3: 0 0 IM u Lu 0 • D uU i mi J old 0 Q LLI i LIU Z F 3 D OC O um LU 4 z Ima z W z LIU CL I 0 z rr (A z w LU uj I O z Q z I ROGERS, ANDERSON, MALODY & SCOTT, LLP CERTIFIED PUBLIC ACCOUNTANTS ROBERTS MEMORY, C P A (19652009) OF COUNSEL JAY H ZERCHEF, C P A Board of Directors East Valley Water District 3654 East Highland Avenue San Bernardino, California 92346 April 20, 2010 PHILLIP H WALLER, C P A BRENDA L DOLE, CPA TERRY P SHEA, C P A KIRK A FRANKS, GP A MATTHEW B WILSON, C P A SCOTT W MANNO C A LEENA SHANBHAG, , C P A NANCY O'RAFFERTY, C P A BRADFERD A WELEBIR, C P A JENNY UU, C P A TIMOTHY P HORN, C_P A KATIE L MILLSOM, C P A JOHN J SADIA, C P A JONATHAN R KUHN, C P A BRADFORD L ROCKABRAND, C P A PAPA MATAR THAW. C P A KATHERINE J MUIR, C P A We are pleased to confirm our understanding of the services we are to provide East Valley Water District for the year ended June 30, 2010. We will audit the financial statements of East Valley Water District as of and for the year ended June 30, 2010. Accounting standards generally accepted in the United States provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to accompany East Valley Water District's basic financial statements. As part of our engagement, we will apply certain limited procedures to East Valley Water District's RSI. These limited procedures will consist principally of inquiries of management regarding the methods of measurement and presentation, which management is responsible for affirming to us in its representation letter. Unless we encounter problems with the presentation of the RSI or with procedures relating to it, we will disclaim an opinion on it. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: Management's Discussion and Analysis. 2. PERS /OPEB schedule of funding progress, if applicable. Supplementary information other than RSI also accompanies East Valley Water District's basic financial statements. We will subject the following supplementary information to the audit procedures applied in our audit of the basic financial statements and will provide an opinion on it in relation to the basic financial statements. 1. Statements of Revenue, Expenses and Changes in Net Assets - Water Department 2. Statements of Revenue, Expenses and Changes in Net Assets - Sewer Department 3. Utility Plan in Service 4. Utility Plan Additions and Retirements 5. Unredeemed Bond Coupons - Retired Debt 6. Principal and Interest Repayment Schedule - Certificates of Participation - Series 2001 7. Principal and Interest Repayment Schedule - Certificates of Participation - Series 1996 8. Principal and Interest Repayment Schedule - 2004 Project Installment Sale Note 9. Principal and Interest Repayment Schedule - Department of Water Resources Construction MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS POPS THE AICPA ALLIANCE FOR CPA FIRMS VANIR TOWER • 290 NORTH "D" STREET • SUITE 300 SAN BERNARDINO, CA 92401 CALIFORNIA SOCIETY Of (909) 889 -0871 • (909) 824 -6736 • FAX (909) 889 -5361 CERTIFIED PUBLIC ACCOUNTANTS Website: www.,amscpa.net Board of Directors East Valley Water District Audit Objectives April 20, 2010 Page 2 The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in : onformity with U.S. generally accepted accounting principles and to report on the fairness of the additional information referred to in the first paragraph when considered in relation ':o the basic financial statements taken as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and will include tests of the accounting records and other procedures we consider necessary to enable us to express such opinions. If our opinions on the financial statements are other than unqualified, we will filly discuss the reasons with you in advance. If, for any reason, we are unable to complete the and t or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. Our Responsibilities under Generally Accepted Auditing Standards We are responsible for forming and expressing an opinion about whether the financial statements, which have been prepared by management with the oversight of those charged with governance, are presented fairly, in all material respects, in conformity with generally accepted accounting principles. Our audit of the financial statements does not relieve management or those charged with governance of their responsibilities. We are also responsible for performing the audit in accordance with generally accepted auditing standards and for designing the audit to obtain reasonable, rather than absolute, assurance about whether the financial statements are free of material misstatement. An audit of financial statements includes consideration of internal control over financial reporting as a basis of designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control over financial reporting. We are responsible for communicating specific matters required by law or regulation, by agreement with the entity, or by additional requirement applicable to the engagement and for communicating significant audit - related matters that the auditor judges to be relevant to those charged with governance in overseeing the financial reporting process. The auditor is not required to design procedures for the purpose of identifying other matters to communicate. Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. As part of the audit, we will assist with the preparation of your financial statements and related notes. You are responsible for making all management decisions and performing all management functions; for designating an individual with suitable skill, knowledge, or experience to oversee our assistance with the preparation of your financial statements and related notes and any other nonattest services we provide; and for evaluating the adequacy and results of those services and accepting responsibility for them. Board of Directors April 20, 2010 East Valley Water District Page 3 Management is responsible for establishing and maintaining internal controls, including monitoring ongoing activities. You are also responsible for the selection and application of accounting principles; for the fair presentation in the financial statements of the respective financial position of the East Valley Water District and the respective changes in financial position and cash flows in conformity with U.S. generally accepted accounting principles. Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud or illegal acts affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations. Audit Procedures - General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because an audit is designed to provide reasonable, but not absolute, assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Board of Directors East Valley Water District Audit Procedures - Internal Control April 20, 2010 Page 4 Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. An audit is not designed to provide assurance on internal control or tc Identify deficiencies in internal control. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards. Audits Procedures - Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of East Valley Water District's compliance with applicable laws and regulations and the provisions of contracts and agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion. Engagement Administration, Fees, and Other We may from time to time, and depending on the circumstances, use third -party service providers in serving your account. We may share confidential information about you with these service providers, but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential informatior to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third -party service provider. Furthermore, we will remain responsible for the work provided by and such third -party service providers. We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing. The audit documentation for this engagement is the property cf Rogers, Anderson, Malody & Scott, LLP and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to any Cognizant or Oversight Agency or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Rogers, Anderson, Malody & Scott, LLP personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. Board of Directors April 20, 2010 East Valley Water District Page 5 The audit documentation for this engagement will be retained for a minimum of seven years after the report release date. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. Scott W. Manno is the engagement partner and is responsible for supervising the engagement and signing the report or authorizing another individual to sign them. Our fee for these services will be at our standard hourly rates plus out -of- pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses, will not exceed $33,950. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 90 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed your report(s). You will be obligated to compensate us for all time expended and to reimburse us for all out -of- pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. We appreciate the opportunity to be of service to East Valley Water District and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, ROGERS, ANDERSON, MALODY & SCOTT, LLP RESPONSE: This letter correctly sets for the understanding of East Valley Water District. By: _ Title: Date: East Valley Water District Board Memorandum No. B -14 -2010 Date: May 5, 2010 From: Ronald Buchwald, District Engineero�wto Subject: City of San Bernardino Economic Development Agency Facility Removal Agreement Recommendation: Approve the Agreement and Authorize the General Manager to sign the Agreement Background: The City of San Bernardino Economic Development Agency owns property bounded by Highland Avenue to the north, Arden Avenue to the east, 201h Street to the south and an alleyway just east of Guthrie Street to the west. Several years ago this property had several condominiums on it that fell into disrepair. All residential buildings have been removed and the lots have been cleared. There are three streets currently located within this development that the City of San Bernardino plans to vacate. The City plans to consolidate all the parcels and vacated streets into one large parcel for future development. Within the three streets to be vacated are water and sewer mains that were installed to provide services to the condominiums. These water and sewer mains are no longer needed since the buildings have been removed. The water and sewer mains surrounding this property can provide water and sewer service that the future larger parcel will need and /or the future developer can pay to have any additional services installed. Typically, development agreements such as this are approved through the consent calendar. However, since this project will ultimately remove assets from the District, this item has been moved to new business to be discussed. Approximately 2,300 feet of 8 -inch water mains and 2,050 feet of 8 -inch sewer mains will be removed as a result of this agreement. These mains in question were installed around 1963 and 1964 and were most likely dedicated to the District by the developer of the condominiums. The District depreciates all mains over a 50 -year period so that these mains are nearing their depreciated value. All work needed to properly abandon these mains for removal will be paid by the developer including hiring a contractor to perform the work. Staff and legal counsel have reviewed the agreement and concur with the recommendation to approve the agreement and authorize the General Manager to sign the document. Fiscal Impact: Asset value unknown but low. All costs will be paid by the City of San Bernardino to perform the necessary work as required by the agreement. �J r Job: W2491 AGREEMENT 2010.01 THIS AGREEMENT FOR REMOVAL OF WATER AND SEWER LINES (this "Agreement ") is made this day of 2010, by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public body corporate and politic (the "Agency ") and EAST VALLEY WATER DISTRICT, a public agency (the "District'). RECITALS A. The District is a County Water District organized and operating pursuant to California Water Code Section 30000, et seq. B. The Agency is a public body corporate and politic organized and existing pursuant to the Community Redevelopment Law (Health & Safety Code Section 33000, et seq.). C. The Agency owns certain real property within the boundaries of the District, which is located south of Highland Avenue west of Arden Avenue comprising approximately 17 acres of land in the City of San Bernardino, County of San Bernardino, State of California (hereinafter the "Property "). A copy of the Tentative Tract Map for the Property is attached hereto as Exhibit "A" and is incorporated herein by this reference. D. The Agency desires to sell and cause the development of the Property, however, the Property currently contains water and sewer lines that are located in the City street rights -of -way (the "Facilities ") which will be vacated and with the intent to revert the entire area to a single legal parcel pending development thereof for a higher and better use to promote the economic vitality of the Highland Avenue retail and commercial corridor. E. The Agency desires to remove, or cause the removal of, the Facilities in order to sell the Property to a master developer for the accomplishment of the redevelopment and economic development goals of the Agency. F. The purpose of this Agreement is to provide the terms and conditions under which the Agency will remove, or cause the removal of, the Facilities with the approval of the District. COVENANTS NOW THEREFORE, in consideration of the preceding Recitals and the mutual Covenants contained herein, the parties hereto agree, as follows Section 1. DESIGN OF REMOVAL OF FACILITIES. The Agency agrees to design the removal of the Facilities from the Property in the following manner and according all applicable Rules and Regulations of the District: a. The Agenc}° shall design the removal of the Facilities from the Property in coordination with the District, in accordance with any and all District requirements, and subject to the District's approval in the exercise of its sole discretion. In this regard, prior to the removal of any Facilities form the Property, the Agenc,- shall furnish the District with design documents showing the work to be performed. Th: designs shall be submitted to the District in a complete form with sufficient information to erable full review by the District. The District may request certain changes to the designs, which the Agency agrees to incorporate into the work to be performed for the removal of the Facilities from the Property. b. The Agency shall furnish the District with any and all easements necessary for any portion of the Facilities to remain on the Property following removal of the other portions hereunder. All easements shall be submitted to the District for review and approval by the District in the exercise of its sole discretion. C. The Agency shall submit all plans, drawings, specifications, and contract documents, for all work to be performed in connection with the Facilities, to the District for review and approval, if acceptable to the District. The District agrees to review all such documents in a timely manner and, upon inclusion of all changes thereto requested by the District in a manner satisfactory to the District, the District will provide the Agency with authorization to proceed. The Agency shall not proceed with the removal of any Facilities until the District so authorizes. Section 2. REMOVAL OF FACILITIES. The Agenc' agrees to remove or cause the removal of the Facilities, including construction of permanent disconnections to the Facilities that are to remain on the Property as designed pursuant to Section 1 of ;his Agreement, in the following manner and according to the Rules and Regulations of the Distric•.: a. The Agency shall obtain all necessary permits from all public or private agencies required for the removal of the Facilities. The .A gency hereby grants the District full access to the Property and all other locations where the work contemplated herein is to be performed. b. Removal of the Facilities 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 Agency shay be responsible for providing all labor, materials and equipment necessary to perform the removal, and such work shall be performed in a timely and workmanlike manner by a party or entity reasonably acceptable to the District. All costs and liabilities in connection with the removal of the Facilities shall be borne solely by the Agency. C. The District shall inspect and approve all work to be performed under this Agreement. However, any approval by the District of such work is understood to be conceptual approval only and will not operate to relieve the Agency or its contractors, consultants or subcontractors of responsibility for comphing with all laws, codes, industry standards and liability for damages caused by ne¢ ligent acts, errors, omissions, noncompliance with industry standards, or their own Ai!lful misconduct. Further, neither the District's review, approval or acceptance of am of the work or services performed in connection with this Agreement shall be construed as a waiver of any rights hereunder or of any defense or cause of action which the District may have arising out of the performance of 2 this Agreement. The Agency shall cause the Facilities that are anticipated to be removed under this Agreement to be inspected as required by any and all other public or private agencies, as applicable. Section 3. AGENCY'S COSTS. In addition to all other obligations imposed upon the Agency under this Agreement, the Agency shall be responsible for the payment of all of the following: a. The Agency shall be solely responsible for the payment of all costs, fees and expenses associated with the removal of the Facilities, including all costs, fees and expenses incurred for the environmental analysis, engineering, and design thereof, if any. b. The Agency shall comply with all rules, regulations, resolutions and ordinances of the District that are currently in place or may hereafter be adopted during the period of time that the removal of the Facilities is occurring, and the Agency shall pay or cause to be paid when due any and all fees, deposits, charges, rates, fines, penalties, taxes and /or assessments that may be levied by the District during the course of work for the removal of the Facilities. Section 4. SECURITY a. The Agency shall obtain from its contractors and/or subcontractors performance, completion and /or payment bonds for the minimum amount of not less than one hundred percent (100 %) of the estimated removal costs for the Facilities, and which shall contain covenants otherwise acceptable to the District. b. The Agency shall provide a maintenance bond for all construction work necessary to allow for the removal of the Facilities from the Property. Such maintenance bond shall be equal to the minimum amount of not less than one hundred percent (100 %) of the estimated construction costs to install caps, fittings, thrust blocks, and all other work necessary to complete separation of those Facilities to be removed from the Property from those Facilities to remain on or adjacent to the Property, and which shall also contain covenants otherwise acceptable to the District. Such bond shall remain in force for at least twelve (12) months following completion of said construction work. C. The Agency shall also procure and maintain or cause to be procured and maintained 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. LIABILITY FOR DAMAGES. The District shall not be held liable or responsible for any debts or claims that may arise from the operation of this Agreement, or for any damage claims for injury to persons, including the Agency 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 removal of the Facilities and /or the Agency's obligations hereunder. M Section 6. RELEASE. The Agency hereby expressly waives and releases the District and its agents, officers, directors, and employees from any and all hab: hiv for the claims, actions, and /or losses set forth in Section 5 above and for any costs and expenses i -tcurred in connection therewith. The Agency, notwithstanding the provisions of California Civil Code § 1542, which provides as follows: "A general release does not extend to claims which the creditor did not know or suspect to exist in his or her favor at the time of the executed release which if known by him or her must have materially affected his or her settlement with the debtor." expressly waives and relinquishes all rights and benefits afforded to the Agency thereunder and under any and all similar laws of any state or territory of the United States with respect to the claims, actions and /or losses referenced above. This Agreement shall act as a release of any claims that may arise from the aforementioned whether such claims are currently known or unknown. The Agency 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 5 above, that may arise in the future whether such claims are currently foreseen or unforeseen. Section 7. HOLD HARMLESS. Excepting the sole or active negligence or willful misconduct of the District, the Agency shall indemnify and hold the District and 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 Agency and /or its officers, directors, assignees, guests, invitees, agents, contractors, consultants and employees in connection with the removal of the Facilities from the Property, the remainder of the Facilities left on the Property, and the performance of its obligations under this Agreement, including design defects, even if occurring after the completion of the removal, 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 Agency agrees to defend, indemnify, and hold the District harmless from and against all claims, losses, liabilities, damages, demands, actions, judgments, causes of action, assessments, penalties, costs, expenses (including, without limitation, the reasonable fees and disbursements of legal counsel, expert witnesses, and accountants), and all foreseeable and unforeseeable consequential damages which might arise or be asserted against the District and.'or the Agency with regard to the removal of the Facilities from the Property, the remainder of the F acilities left on the Property, and the performance of this Agreement, which are alleged and/or determined to be tortious, and /or in violation of present and future federal, state and local laws (whether under common law, statute, rule, regulation or otherwise), including, but not 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 maybe amended from time to time. Section 8. NOTICES. Any notice, tender, or delivery to he given hereunder by either party to the other shall be effected by personal delivery in writing or by registered or certified mail, 0 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 3654 Highland Ave, Suite 18 Highland, California 92346 Attn: General Manager If to the Agency: Redevelopment Agency of the City of San Bernardino 201 North "E" Street, Suite 301 San Bernardino, California 92401 Attn: Interim Executive Director Section 9. 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 parties shall pay the cost of such arbitration equally; however, the prevailing party in the arbitration shall be entitled to reimbursement of its attorney's fees and other costs incurred in connection therewith. Section 10. ATTORNEYS FEES. If a dispute arises which cannot be resolved by arbitration, regarding the breach or enforcement of the provisions of this Agreement, the prevailing parry therein shall be entitled to recover all attorneys' fees and other costs actually 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 attorney's fees and costs will be considered an element of costs and not of damages. Section 11. 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 Agency in their individual, separate, and/or other capacities. Section 12. ASSIGNMENT. This Agreement may not be assigned to any individual or entity without the written consent of the parties hereto. Section 13. 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 14. CAPTIONS. The captions of sections and subsections of this Agreement are for reference only and are not to be construed in any way as a part of this Agreement. 5 Section 15. INTERPRETATION AND ENFORCEM_P. T. This Agreement shall be construed as if both parties jointly prepared this Agreement and any uncertainty or ambiguity contained herein shall not be interpreted against any one party simply by virtue of having drafted the uncertain or ambiguous provision. Failure by either party :o enforce any provision of this Agreement, or any waiver thereof by such parry, 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 ,)f 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 generalli have in remjurisdiction over the Property. Section 16. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be illegal, invalid, or unenforceable. -he remaining provisions of this Agreement shall continue in full force and effect. Section 17. 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 18. 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 upon the party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers as of the date first above written. AGENCY: In ATTEST: Emil A. MarZ._ullo Interim Executive Director DISTRICT: 0 ATTEST: By: Secretary 0 East Valley Water District President, Board of Directors �EastValley Water District Board Memorandum No. B -12 -2010 Date: May 11, 2010 From: Ron Buchwald, District Engineer VLS 515/1'o Subject: CDM consulting services for bidding and construction for the Plant 134 Upgrade and Expansion Project Recommendation: Authorize the District to enter into an agreement with CDM for this work Background: Plant 134 project consists of converting the existing treatment plant to a membrane treatment plant and will also double the treatment capacity of the existing plant. At present, the districts consultant, CDM, has completed the plans and specifications and the District is in the process of bidding the construction phase out. At this time CDM is submitting a proposal (with supporting exhibits, see attachments) to help the District with the bidding and construction services. The scope of work for CDM's proposal is broken down into 3 tasks. Task 1 details CDM's involvement for project administration, permitting and project meetings. Task 2 includes CDM's involvement during bidding process and Task 3 includes CDM's involvement during construction process. Under Task 1, the project administration will be a very important part of CDM's involvement. The project administration will include functions such as but not limited to planning, coordinating, scheduling, monitoring and reporting. The contractor and the District will need to meet certain criteria and schedules in order to meet the obligations of the grant funding. Having CDM overseeing this part of the project will facilitate meeting these requirements. Task 2 includes all bidding services that CDM will be responsible for. CDM will prepare, coordinate and distribute all documents as well as advertise and review all bids that are submitted. Upon completion of the review of all bids, CDM will also provide a letter of recommendation recommending the lowest, responsible bidder. Task 3 includes all construction services that CDM will be responsible for through completion of the project. CDM will have a full time resident engineer on site that will be responsible for reviewing shop drawings, responding to requests for information, reviewing or preparing change orders and keeping record drawings updated. This memo just summarizes some of the key features in each task. Please see Exhibit A Bid & Construction Services Scope of Work for a full explanation of each task. The proposed amount for CDM's services ts $1,273,893.00. This fee is based on time and material using the billing rates provided in the Exhibit's attachments. Please note that CDM will hold the 2010 hourly rates through the completion of the construction project. There are several items in this proposal that District staff believes may not be needed or be utilized but are included as a worst -case scenario. For example, CDM assumed a weekly construction progress meeting for the entire project. However, staf; estimates that bi- weekly meetings will suffice through about a third of the construction project. Staff will submit the cost of this work to CDPH to be included in the SRF Grant / Loan for this project. At this time District staff recommends acceptance of this proposal. This will allow District staff to concentrate on other areas of concern throughout the District. Fiscal Impact: Up to $1,273893.00. The SRF Grant / Loan should reimburse for most, if not all this cost. Agreement for Services 9/07 (4)M W2292 Plant 134 dm 05/0412010 AGREEMENT 2010.13 EAST VALLEY WATER DISTRICT AGREEMENT FOR DESIGN PROFESSIONAL SERVICES AND CAMPER DRESSER & MCKEE INC. THIS AGREEMENT is made this _ day of 2010, by and between the EAST VALLEY WATER DISTRICT, a County Water District organized and operating pursuant to California Water Code Section 30000 et seq. (hereinafter referred to as the "DISTRICT "), and CAMP DRESSER & McKEE, a CONSULTING, ENGINEERING, CONSTRUCTION FIRM (hereinafter referred to as "CONSULTANT'). RECITALS WHEREAS, the DISTRICT desires to contract with CONSULTANT to provide design professional services for Plant No. 134 Bidding and Construction Services (hereinafter referred to as "Project'); and WHEREAS, CONSULTANT is willing to contract with the DISTRICT to provide such services; and WHEREAS, CONSULTANT holds itself as duly licensed, qualified, and capable of performing said services; and WHEREAS, this Agreement establishes the terms and conditions for the DISTRICT to retain CONSULTANT to provide the services described herein for the Project. COVENANTS NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth herein, the parties hereto agree as follows: 1 Agreement for Services 9/07 (4)M W2292 Plant 134 dm 05/04/2010 ARTICLE I ENGAGEMENT OF CONSULTANT AND AUTHORIZATION TO PROCEED 1.1 ENGAGEMENT: The DISTRICT hereby engages CONSULTANT, and CONSULTANT hereby accepts the engagement, to perform certain design professional services described in Section 2.1 of this Agreement for the term set forth in Section 6.7 of this Agreement. 1.2 AUTHORIZATION TO PROCEED: Authorization for CONSULTANT to proceed with all or a portion or the work described in Section 2.1 of this Agreement will be granted in writing by the DISTRICT as soon as both parties sign the Agreement and all applicable insurance and other security documents required pursuant to Section 6.3 of this Agreement are received and approved by the DISTRICT. CONSULTANT shall not proceed with said work until so authorized by the DISTRICT, and shall commence work immediately upon receipt of the Notice to Proceed. 1.3 NO EMPLOYEE RELATIONSHIP: CONSULTANT shall perform the services provided for herein as an independent CONSULTANT, and not as an employee of the DISTRICT. The DISTRICT shall have ultimate control over the work performed for the Project. CONSULTANT is not to be considered an agent or employee of the DISTRICT for any purpose, and shall not be entitled to participate in any pension plans, insurance coverage, bonus, stock, or similar benefits that the DISTRICT provides for its employees. CONSULTANT shall indemnify the DISTRICT for any tax, retirement contribution, social security, overtime payment, or workers' compensation payment, which the DISTRICT may be required to make on behalf of CONSULTANT or any employee of CONSULTANT for work performed under this Agreement. ARTICLE II SERVICES OF CONSULTANT 2.1 SCOPE OF SERVICES: The scope of design professional services to be performed by the CONSULTANT under this Agreement are described in the Scope of Work attached hereto as Exhibit "A" and incorporated herein by this reference ( "Scope 2 Agreement for Services 9/07 (4)M W2292 Plant 134 dm 05/04/2010 of Work "), and shall, where not specifically addressed, include all related services ordinarily provided by the CONSULTANT under same or similar circumstances and /or otherwise necessary to satisfy the requirements of Section 3.3 of this Agreement. In case of conflict between the terms of this Agreement and the provisions of the Scope of Work, this Agreement shall govern. 2.2 PREVAILING WAGES: In accordance with the provisions of the California Labor Code, CONSULTANT shall secure the payment of compensation to employees. To the extent required by the California Labor Code, CONSULTANT shall pay not less than the prevailing rate of per diem wages as determined by the Director, Department of Industrial Relations, and State of California. Copies of such prevailing rate of per diem wages are on file at the DISTRICT's office, which copies will be made available to any interested party upon request. CONSULTANT shall post a copy of such determination at each job site. If applicable, CONSULTANT shall forfeit to the DISTRICT the amount of the penalty set forth in Labor Code Section 1777.7(b), or any subsequent amendments thereto, for each calendar day, or portion thereof, for each worker paid less than the specified prevailing rates for such work or craft in which such worker is employed, whether paid by CONSULTANT or by any subconsultant. 2.3 HOURS AND WORKING CONDITIONS: The DISTRICT is a public entity in the State of California and is subject to the provisions of the Government Code and the Labor Code of the State. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this Agreement to the same extent as though set forth herein and will be complied with by CONSULTANT. CONSULTANT shall comply with all applicable provisions of the California Labor Code relating to working hours and the employment of apprentices on public works projects. CONSULTANT shall, as a penalty to the DISTRICT, forfeit $25.00 for each worker employed in the execution of this Agreement by CONSULTANT or by any subconsultant, for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, unless such worker received compensation for all hours worked in excess of 8 hours at not less than 1' /z times the basic rate of pay. 3 Agreement for Services 9/07 (4)M W2292 Plant 134 dm 05/04/2010 ARTICLE III RESPONSIBILITIES OF THE DISTRICT AND OF CONSULTANT 3.1 DUTIES OF THE DISTRICT: The DISTRICT, without cost to CONSULTANT, will provide all pertinent information necessary for CONSULTANT'S performance of its obligations under this Agreement that is reasonably available to the DISTRICT unless otherwise specified in the Scope of Work, in which case the CONSULTANT is to acquire such information. The DISTRICT does not guarantee or ensure the accuracy of any reports, information, and /or data so provided. To the extent that any reports, information. and /or other data so provided was supplied to the DISTRICT by persons who are not employees of the DISTRICT, any liability resulting from inaccuracies and /or omissions contained in said information shall be limited to liability on behalf of the party who prepared the information for the DISTRICT. 3.2 REPRESENTATIVE OF DISTRICT: The DISTRICT will designate Eliseo Ochoa as the person to act as the DISTRICT's representative with respect to the work to be performed under this Agreement. Such person will have complete authority to transmit instructions, receive information, and interpret and define the DISTRICT's policies and decisions pertinent to the work. In the event the DISTRICT wishes to make a change in the DISTRICT's representative, the DISTRICT shall notify the CONSULTANT of the change in writing. 3.3 DUTIES OF CONSULTANT: CONSULTANT shall perform the Project work in such a manner as to fully comply with all applicable professional standards of care, including professional quality, technical accuracy, timely completion, and other services furnished and /or work undertaken by CONSULTANT pursuant to this Agreement. The CONSULTANT shall cause all work and deliverables to conform to all applicable federal, state, and local laws and regulations. 3.4 APPROVAL OF WORK: The DISTRICT's approval of work or materials furnished hereunder shall not in any way relieve CONSULTANT of responsibility for the technical adequacy of its work. Neither the DISTRICT's review, approval or acceptance of, nor payment for any of the services shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of M Agreement for Services 9/07 (4)M W2292 Plant 134 dm 05/04/2010 this Agreement. Where approval by the DISTRICT is indicated in this Agreement, it is understood to be conceptual approval only and does not relieve the CONSULTANT 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 the willful misconduct of the CONSULTANT or its subconsultants. CONSULTANT'S obligation to defend, indemnify, and hold harmless the DISTRICT, and its directors, officers, employees and agents as set forth in Section 6.9 of this Agreement also applies to the actions or omissions of the CONSULTANT or its subconsultants as set forth above in this paragraph. ARTICLE IV PAYMENTS TO CONSULTANT 4.1 PAYMENT: The DISTRICT will pay CONSULTANT for work performed under this Agreement, which work can be verified by the DISTRICT, on the basis of the following: CONSULTANT shall exercise its good faith best efforts to facilitate a full and clear definition of the scope of all assigned work so that the amount set forth in Section 4.3 of this Agreement will cover all tasks necessary to complete the work. The amount set forth in Section 4.3 of this Agreement is the maximum compensation to which CONSULTANT may be entitled for the performance of services to complete the work for the Project, unless the Scope of Work or time to complete the work is changed by the DISTRICT in writing in advance of the work to be performed thereunder. Adjustments in the total payment amount shall only be allowed pursuant to Section 6.4 of this Agreement. In no event shall CONSULTANT be entitled to compensation greater than the amount set forth in Section 4.3 of this Agreement where changes in the Scope of Work or the time for performance are necessitated by the negligence of CONSULTANT or any subconsultants performing work on the Project. 4.2 PAYMENT TO CONSULTANT: Payment will be made by the DISTRICT within thirty (30) calendar days after receipt of an invoice from CONSULTANT, provided that all invoices are complete and product and services are determined to be of sufficient quality by the DISTRICT. CONSULTANT shall invoice DISTRICT monthly for services performed under this Agreement. In the event that a payment dispute arises between the parties, CONSULTANT shall provide to the DISTRICT full and complete E Agreement for Services 9/07 (4)M W2292 Plant 134 dm 05/04/2010 access to CONSULTANT'S labor cost records and other direct cost data, and copies thereof if requested by the DISTRICT. 4.3 ESTIMATED CHARGES: The total estimated charges for all work under this Agreement are $ 1,273 893.00 (one million two hundred seventy three thousand eight hundred ninety three dollars) and such amount is the cost ceiling as described herein. The total estimated charges stated herein constitute the total amount agreed to. 4.4 COST FOR REWORK: CONSULTANT shall. at no cost to the DISTRICT, prepare any necessary rework occasioned by CONSULTANT'S negligent act or omission or otherwise due substantially to CONSULTANT'S fault. ARTICLE V COMPLETION SCHEDULE 5.1 TASK SCHEDULE: The work is anticipated to be completed in accordance with the schedule contained in the Scope of Work. 5.2 TIME OF ESSENCE: CONSULTANT shall perform all services required by this Agreement in a prompt, timely, and professional manner in accordance with the above schedule. Time is of the essence in this Agreement.. ARTICLE VI GENERAL PROVISIONS 6.1 COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS: CONSULTANT shall at all times observe all applicable provisions of Federal, State, and Local laws and regulations including, but not limited to, those related to Equal Opportunity Employment. 6.2 SUBCONSULTANTS AND OUTSIDE CONSULTANTS: No subcontract shall be awarded by CONSULTANT if not identified as a subconsultant in its Proposal unless prior written approval is obtained from the DISTRICT. CONSULTANT shall be responsible for payment to subconsultant's used by them to perform the services under this Agreement. If CONSULTANT subcontracts any of the work to be performed, CONSULTANT shall be as fully responsible to the DISTRICT for the performance of the work, including errors and omissions of CONSULTANT'S subconsultants and of the persons employed by the subconsultant, as CONSULTANT is for the acts and 7 Agreement for Services 9/07 (4)M W2292 Plant 134 dm 05/04/2010 omissions of persons directly employed by the CONSULTANT. Nothing contained in this Agreement shall create any contractual relationship between any sub - CONSULTANT of CONSULTANT and the DISTRICT. CONSULTANT shall bind every subconsultant and every subconsultant of a subconsultant to the terms of this Agreement that are applicable to CONSULTANT'S work unless specifically noted to the contrary in the subcontract in question and approved in writing by the DISTRICT. 6.3 INSURANCE: CONSULTANT shall secure and maintain in full force and effect, until the satisfactory completion and acceptance of the Project by DISTRICT, such insurance as will protect it and the DISTRICT in such a manner and in such amounts as set forth below. The premiums for said insurance coverage shall be paid by the CONSULTANT. The failure to comply with these insurance requirements may constitute a material breach of this Agreement, at the sole discretion of the DISTRICT. (a) Certificates of Insurance: Prior to commencing services under this Agreement, and in any event no later than ten (10) calendar days after execution of this Agreement, CONSULTANT shall furnish DISTRICT with Certificates of Insurance and endorsements verifying the insurance coverage required by this Agreement is in full force and effect. The DISTRICT reserves the right to require complete and accurate copies of all insurance policies required under this Agreement. (b) Required Provisions: The insurance policies required by this Agreement shall include the following provisions or have them incorporated by endorsement(s): (1) Primary Coverage: The insurance policies provided by CONSULTANT shall be primary insurance and any self- insured retention and /or insurance carried by or available to the DISTRICT or its employees shall be excess and non - contributory coverage so that any self- insured retention and /or insurance carried by or available to the DISTRICT shall not contribute to any loss or expense under CONSULTANT'S insurance. (2) Additional Insured: The policies of insurance provided by CONSULTANT, except Workers' Compensation and Professional Liability, shall include as additional insureds: the DISTRICT, its directors, officers, employees, and agents when acting in their capacity as such in conjunction with the performance of this 7 Agreement for Services 9/07 (4)M W2292 Plant 134 dm 05/04/2010 Agreement. Such policies shall contain a "severability of interests" provision, also known as "Cross liability" or "separation of insured ". (3) Cancellation: Each certificate of insurance and insurance policy shall provide that the policy may not be non - renewed, canceled (for reasons other than non - payment of premium) or materially changed without first giving thirty (30) days advance written notice to the DISTRICT, or ten (10) days advance written notice in the event of cancellation due to non - payment of premium. (4) Waiver of Subrogation: The insurance policies provided by CONSULTANT shall contain a waiver of subrogation against DISTRICT, its directors, officers, employees and agents for any claims arising out of the services performed under this Agreement by CONSULTANT. (5) Claim Reporting: CONSULTANT shall not fail to comply with the claim reporting provisions or cause any breach of a policy condition or warranty of the insurance policies required by this Agreement that would affect the coverage afforded under the policies to the DISTRICT. (6) Deductible /Retention: If the insurance policies provided by CONSULTANT contain deductibles or self- insured retentions, the policies shall provide or be endorsed to provide that any such deductible or self- insured retention shall not be applicable with respect to the coverage provided to DISTRICT under such policies. If the policies do not so provide or are not so endorsed, CONSULTANT shall be solely responsible for any such deductible or self- insured retention and the DISTRICT, in its sole discretion, may require CONSULTANT to secure the payment of any such deductible or self- insured retention by a surety bond or an irrevocable and unconditional letter of credit. (7) CONSULTANT'S SUBCONSULTANTS: CONSULTANT shall include all subconsultants as additional insureds under the insurance policies required by this Agreement to the same extent as the DISTRICT or shall furnish separate certificates of insurance and policy endorsements for each subconsultant verifying that the I? Agreement for Services 9/07 (4)M W2292 Plant 134 dm 05/0412010 insurance for each subconsultant complies with the same insurance requirements applicable to CONSULTANT under this Agreement. (c) Insurance Company Requirements: CONSULTANT shall provide insurance coverage through insurance companies that have at least an "A" Financial Strength Rating and are at least a "VII" Financial Size Category in accordance with the current ratings by the A. M. Best Company, Inc., as published in Best's Key Rating Guide or on said company's web site. In addition, any and all insurance companies must be admitted and authorized to conduct business in the State of California and be a participant in the California Insurance Guaranty Association, as evidenced by a listing in the appropriate publication of the California Department of Insurance or on said department's web site. Notwithstanding the above, Professional Liability insurance may be provided through one or more syndicate members of Lloyd's of London as long as Lloyd's of London (1) has at least an "A" Financial Strength Rating, (2) is at least a "XII" Financial Size Category, and (3) has an "a" long -term Issuer Credit Rating in accordance with the current ratings by the A. M. Best Company, Inc. The particular Lloyd's of London syndicate(s) must also be included on the California Department of Insurance List of Eligible Surplus Lines Insurers. (d) Policy Requirements: The insurance required under this Agreement shall meet or exceed the minimum requirements as set forth below: (1) Workers' Compensation: CONSULTANT shall maintain Workers' Compensation insurance as required by law in the State of California to cover CONSULTANT'S obligations as imposed by federal and state law having jurisdiction over CONSULTANT'S employees and Employers' Liability insurance, including disease coverage, of not less than $1,000,000. (2) General Liability: CONSULTANT shall maintain Comprehensive General Liability insurance with a combined single limit of not less than $1,000,000 per occurrence or claim and $1,000,000 aggregate. The policy shall include, but not be limited to, coverage for bodily injury, property damage, personal injury, products, 0 Agreement for Services 9/07 (4)M W2292 Plant 134 dm 05/04/2010 completed operations and blanket contractual to cover, but not be limited to, the liability assumed under the indemnification provisions of this Agreement. In the event the Comprehensive General Liability insurance policy is written on a 'claims made" basis, coverage shall extend for two years after the satisfactory completion and acceptance of the Project by DISTRICT. (3) Automobile Liability: CONSULTANT shall maintain Commercial Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence for any owned, hired, or non -owned vehicles. (4) Professional Liability: CONSULTANT shall maintain Professional Liability insurance covering errors and omissions arising out of the services performed by the CONSULTANT or any person employed by him, with a limit of not less than $1,000,000 per occurrence or claim and $1,000,000 aggregate. In the event the insurance policy is written on a "Claims made" basis, coverage shall extend for two years after the satisfactory completion and acceptance of the Project by DISTRICT. (5) Property Coverage — Valuable Papers: Property coverage on an all -risk, replacement cost form with Valuable Papers insurance sufficient to assure the restoration of any documents, memoranda, reports, plans or other similar data, whether in hard copy or electronic form, relating to the services provided by CONSULTANT under this Agreement. 6.4 CHANGES IN SCOPE OR TIME: If the DISTRICT requests a change in the Scope of Work or time of completion by either addin=g to or deleting from the original scope or time of completion, an equitable adjustment shall be made and this Agreement shall be modified in writing accordingly. CONSULTANT must assert any claim for adjustment under this clause in writing within thirty (30)- calendar days from the date of receipt from CONSULTANT of the notification of change unless the DISTRICT grants a further period of time before the date of final payment under this Agreement. 6.5 NOTICES: All notices to either party by the other shall be made in writing and delivered or mailed to such party at their respective addresses as follows, or to 10 Agreement for Services 9/07 (4)M W2292 Plant 134 dm 05/0412010 other such address as either party may designate, and said notices shall be deemed to have been made when delivered or, if mailed, five (5) days after mailing. To DISTRICT: East Valley Water District 3654 Highland Avenue, Suite 18 P.O. Box 3427 San Bernardino, CA 92413 Attn: General Manager To CONSULTANT: Camp Dresser & McKee 9220 Cleveland Ave., Suite 100 Rancho Cucamonga, CA 91730 Attn: Richard Corneille 6.6 CONSULTANT'S ASSIGNED PERSONNEL: CONSULTANT designates William O'Neil to have immediate responsibility for the performance of the work and for all matters relating to performance under this Agreement. Substitution of any assigned personnel shall require the prior written approval of the DISTRICT. If the DISTRICT determines that a proposed substitution is not acceptable, then, at the request of the DISTRICT, CONSULTANT shall substitute with a person acceptable to the DISTRICT. 6.7 TERMINATION: (a) If the engagement of CONSULTANT is not extended by the mutual written consent of the DISTRICT and CONSULTANT, then this Agreement shall expire on the latest date set forth in the schedule contained in the Scope of Work for completion of tasks for the Project. (b) Notwithstanding the above, the DISTRICT may terminate this Agreement or abandon any portion of the Project by giving ten (10) days written notice thereof to CONSULTANT. CONSULTANT may terminate its obligation to provide further services under this Agreement upon thirty (30)- calendar days written notice only in the event of substantial failure by the DISTRICT to perform in accordance with the terms of this Agreement through no fault of the CONSULTANT. I Agreement for Services 9/07 (4)M W2292 Plant 134 dm 05/04/2010 (c) In the event of termination of this Agreement or abandonment of any portion of the Project, the DISTRICT shall be immediately given title to all original drawings and other documents developed for the Project, and the sole right and remedy of CONSULTANT shall be to receive payment for all amounts due and not previously paid to CONSULTANT for services completed or in progress in accordance with the Agreement prior to such date of termination. If termination occurs prior to completion of any task for which payment has not been made, the fee for services performed during such task shall be based on an amount mutually agreed to by the DISTRICT and CONSULTANT. Such payments available to the CONSULTANT under this paragraph shall not include costs related to lost profit associated with the expected completion of the work or other such payments relating to the benefit of this Agreement. 6.8 ATTORNEYS' FEES: In the event that either the DISTRICT or CONSULTANT brings an action or proceeding for damages for an alleged breach of any provision of this Agreement, to interpret this Agreement or determine the rights of and duties of either party in relation thereto, the prevailing party shall be entitled to recover as part of such action or proceeding all litigation, arbitration, mediation and collection expenses, including witness fees, court costs, and reasonable attorneys' fees. Such fees shall be determined by the Court in such litigation or in a separate action brought for that purpose. Mediation will be attempted if both parties mutually agree before, during, or after any such action or proceeding has begun. 6.9 INDEMNITY: (a) CONSULTANT shall defend, indemnify and hold DISTRICT, including its directors, officers, employees and agents, harmless from and against any and all claims, demands, causes of action, suits, debts, obligations, liabilities, losses, damages, costs, expenses, attorney's fees, awards, fines, settlements, judgments or losses of whatever nature, character, and description, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct cf CONSULTANT or any of CONSULTANT'S subconsultant's, including their respective directors, officers, employees, agents and assigns. excepting only such matters arising from the sole negligence or willful misconduct of the DISTRICT. 12 Agreement for Services 9/07 (4)M W2292 Plant 134 dm 05/04/2010 (b) CONSULTANT shall defend, indemnify and hold DISTRICT, including its directors, officers, employees and agents, harmless from and against any and all claims, demands, causes of action, suits, debts, obligations, liabilities, losses, damages, costs, expenses, attorney's fees, awards, fines, settlements, judgments or losses of whatever nature, character, and description, with respect to or arising out of any infringement or alleged infringement of any patent, copyright or trademark and arising out of the use of any equipment or materials furnished under this Agreement by the CONSULTANT or CONSULTANT'S subconsultant's, including their respective directors, officers, employees, agents and assigns, or out of the processes or actions employed by, or on behalf of, the CONSULTANT or CONSULTANT'S subconsultant's, including their respective directors, officers, employees, agents and assigns, in connection with the performance of services under this Agreement. CONSULTANT shall have the right, in order to avoid such claims or actions, to substitute at its expense non - infringing equipment, materials or processes, or to modify at its expense such infringing equipment, materials, and processes so they become non - infringing, provided that such substituted and modified equipment, materials, and processes shall meet all the requirements and be subject to all the provisions of this Agreement. (c) CONSULTANT shall defend, indemnify and hold DISTRICT, including its directors, officers, employees and agents, harmless from and against any and all claims, demands, causes of action, suits, debts, obligations, liabilities, losses, damages, costs, expenses, attorney's fees, awards, fines, settlements, judgments or losses of whatever nature, character, and description, with respect to or arising out of any breach by CONSULTANT or CONSULTANT'S subconsultant's, including their respective directors, officers, employees, agents and assigns, of the aforesaid obligations and covenants, and any other provision or covenant of this Agreement. (d) It is the intent of the parties to this Agreement that the defense, indemnity and hold harmless obligation of CONSULTANT under this Agreement shall be as broad and inclusive as may be allowed under California Civil Code §§ 2778 through 2784.5, or other similar state or federal law. 13 Agreement for services 9/07 (4)M W2292 Plant 134 dm 05/04/2010 6.10 SAFETY: CONSULTANT shall perform the work in full compliance with applicable State and Federal safety requirements including, but not limited to, Occupational Safety and Health Administration requirements. (a) CONSULTANT shall take all precautions necessary for the safety of, and prevention of damage to, property on or adjacent to the Project site, and for the safety of, and prevention of in,ury to, persons, including DISTRICT's employees, CONSULTANT'S employees, and third persons. All work shall be performed entirely at CONSULTANT'S risk. CONSULTANT shall comply with the insurance requirements set forth in Section 6.3 of this Agreement. (b) CONSULTANT shall also furnish the DISTRICT with a copy of any injury prevention program established for the CONSULTANT'S employees pursuant to Labor Code Section 6401.7, including any necessary documentation regarding implementation of the program. CONSULTANT hereby certifies that its employees have been trained in the program, and procedures are in place to train employees whenever new substances, processes, procedures, or equipment are introduced. CONSULTANT shall demonstrate compliance with Labor Code Section 6401.7 by maintaining a copy of its Injury and Illness Prevention Plan at the Project site and making it available to the DISTRICT. 6.11 EXAMINATION OF RECORDS: All original drawings, specifications, reports, calculations, and other documents or electronic data developed by CONSULTANT for the Project shall be furnished to ane become the property of the DISTRICT. Such documents are not intended or represented to be suitable for reuse by DISTRICT or others on extensions of the Project or on any other project. Any such reuse by DISTRICT without written verification or adaptation by CONSULTANT and CONSULTANT'S, subconsultant's, as appropriate, will be at DISTRICT's own risk. Any such verification or adaptation will entitle CONSULTANT to further compensation at rates to be mutually agreed upon by DISTRICT and CONSULTANT. CONSULTANT agrees that the DISTRICT will have access to and the right to examine any directly pertinent books, documents, papers, and records of any and all of the transactions relating to this Agreement. 6.12 OWNERSHIP OF SOFTWARE: 14 Agreement for Services 9/07 (4)M W2292 Plant 134 dm 05104/2010 (a) Subject to payment of all compensation due under this Agreement and all other terms and conditions herein, CONSULTANT hereby grants DISTRICT a nonexclusive, transferable, royalty -free license to use the Software furnished to DISTRICT by CONSULTANT under this agreement. The license granted herein shall authorize DISTRICT to: (1) Install the Software on computer systems owned, leased or otherwise controlled by DISTRICT; (2) Utilize the Software for its internal data - processing purposes; and (3) Copy the Software and distribute as desired to exercise the rights granted herein. (b) CONSULTANT retains its entire right, title and interest in the Software developed under this agreement. DISTRICT acknowledges that CONSULTANT owns or holds a license to use and sublicense various pre- existing development tools, routines, subroutines and other programs, data and materials that CONSULTANT may include in the Software developed under this Agreement. This material shall be referred to hereafter as "Background Technology." (c) DISTRICT agrees that CONSULTANT shall retain any and all rights CONSULTANT may have in the Background Technology. CONSULTANT grants DISTRICT an unrestricted, nonexclusive, perpetual, fully paid -up worldwide license to use the Background Technology in the Software developed and delivered to DISTRICT under this Agreement, and all updates and revisions thereto. However, DISTRICT shall make no other commercial use of the Background Technology without CONSULTANT'S written consent. 6.13 INTEGRATION AND AMENDMENT: This Agreement contains the entire understanding between the DISTRICT and CONSULTANT as to those matters contained herein. No other representations, covenants, undertakings or other prior or contemporaneous agreements, oral or written, respecting those matters, which are not specifically incorporated herein, may be deemed in any way to exist or to bind any of the parties hereto. Each party acknowledges that it has not executed this Agreement in reliance on any promise, representation or warranty not set forth herein. This Agreement may not be amended except by a writing signed by all parties hereto. 15 Agreement for Services 9/07 (4)M W2292 Plant 134 dm 05/04/2010 6.14 ASSIGNMENT: Neither party shall sign or transfer its interest in this Agreement without written consent of the other party. All terms, conditions, and provisions of this Agreement shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 6.15 GOVERNING LAW: This Agreement shall be construed as if it was jointly prepared by both parties hereto, and any uncertainty or ambiguity contained herein shall not be interpreted against the party drafting same. This Agreement shall be enforced and governed by the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state court situated in the County of San Bernardino, State of California, or in a federal court with in rem jurisdiction over the Project. 6.16 HEADINGS: Article and Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants, and conditions of this Agreement. 6.17 PARTIAL INVALIDITY: If any term, covenant, condition, or provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated thereby. 6.18 EFFECT OF DISTRICT'S WAIVER: Any failure by the DISTRICT to enforce any provision of this Agreement, or any waiver thereof by the DISTRICT, shall not constitute a waiver of its right to enforce subsequent violations of the same or any other terms or conditions herein. 6.19 AUTHORITY: The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to sign this Agreement on behalf of and to so bind their respective legal entities. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. CONSULTANT By: Richard Corneille, Vice President Camp Dresser & McKee 16 DISTRICT By.- Roberr E. Martin, General Manager East Valley Water District Agreement for Services 9107 (4)M W2292 Plant 134 dm 05/04/2010 EXHIBIT A SCOPE OF WORK 17 EXHIBIT A EAST VALLEY WATER DISTRICT PLANT 134 UPGRADES AND EXPANSION BID & CONSTRUCTION SERVICES SCOPE OF WORK PURPOSE The main purpose of this project is to provide engineering services, including a full -time resident engineer, during the bid and construction phases of the Plant 134 Upgrades and Expansion project. PREREQUISITES FOR PERFORMANCE The main prerequisite for performance of this project is the selection of a general contractor to perform construction. The Plant 134 Upgrades and Expansion Final Design bid package provides the basis for construction. SCOPE OF WORK Task 1— Project Administration, Permits, and Project Meetings Task1.1 Project Administration The Project Management scope of work during the 4 month Bid Phase and 21 month Construction Phase periods includes the time for the CDM project manager and the project management support staff to perform overall project management functions of planning, coordinating, scheduling, cost accounting, monitoring and reporting. (Note: the 21 month Construction Phase begins at the NTP and ends at final completion.) The work includes: directing and managing CDM and subconsultant staff on the project; coordinating with the District, the CDM project team, and outside stakeholders; preparing, monitoring, and updating detailed work schedules; preparing work breakdown structures, subconsultant agreements & budgets, and monitoring of engineering costs; and reporting on progress. Task 1.2 Permits This Task is to provide support to the District to obtain permits to allow construction and operation of the Plant 134 upgrades and expansion. 1.2.1 California Department of Public Health (CDPH) Permit — CDM will develop a draft Operations Plan for the upgraded Plant 134. The Operations Plan is required by CDPH for a permit amendment. CDM will also prepare responses to CDPH comments on the draft Operations Plan, and finalize the Operations Plan. A proposed table of contents for the Operations Plan is included as Exhibit 1. CDM will also assist the District in preparing a Plant 134 amended permit application for the new membrane process as well as the expansion from 4 to S mgd. 5/3/2010 East Valley Water I A wict Plant 134 Upgrades and Expansion Bid & Construction Phase 1.2.2 Miscellaneous Building Permits -CDM will assist the District on an as needed basis relative to building related permits that may be required. A iota] of 50 hours of labor are budgeted for this task. 1.2.1 Environmental Compliance Support - CDM has cot budgeted any specific efforts related to this task. It is assumed the District's EIR consultant will provide required services, as needed. Task 1.3 Project Meetings This task includes the following project meetings: 1.3.1 Pre -Bid Meeting - This will be held at Plant 134 and will be to introduce prospective bidders to project components and requirements. The propose of this meeting will not be to answer bidder questions. All verbal comments and questions unless readily answerable will be taken under advisement. Only written questions will be responded to in written format. That is addressed in Task 4.3.1. 1.3.2 Project Quality Management (PQM)IKickoff Meeting - This is also referred to as the Preconstruction Conference. Attendees should include Owner, Contractor, Engineer, funding agency representative, and others as may be appropriate. The meeting agenda normally includes: introduction of key project personnel; communication protocols; Owner's requirements and special project procedures; scheduling; lahor compliance requirements and procedures; safety requirements; protocols for RFIs and Shop Drawing Submittals; emergency procedures and contacts: control of work and material storage requirements; permits and coordination with outside agencies, as applicable; record drawings; outside testing laboratories; regulatory, grant and loan requirements; change order procedures; contractor's staging areas; field offices, site security, access, and allowable work schedules; question and answers. 1.3.3 Weekly Construction Meetings - CDM will provide representation (the Resident Engineer will attend all of the meetings and the Assistant Project Manager is assumed to attend half of the meetings) for weekly coordination meetings with the Contractor. A total of 88 meetings are included based on the commencement of construction 20 days after the NTP and 610 days to final completion. 1.3.4 Special Inspection Meetings - These meetings include special inspections by design team representatives. A total of six (6) meetings are budgeted - two each for structural, mechanical, and electrical or I &C site visits. 1.3.5 Meeting with CDPH - CDM will attend up to 2 meetings with CDPH upon request and approval by the District. 5/3/2010 East Valley Water District Plant 134 Upgrades and Expansion Bid & Construction Phase Task 2 — Bid Phase Services CDM's bid phase services are included in the following: Task 2.1 Bid Document Handling 2.1.1 Final Bid Documents Preparation and Coordination — This task covers CDM's costs in coordinating/updating Division 0 specifications with the District's legal counsel, as well as Division 0 and 1 changes based on coordination with the District's labor compliance consultant. 2.1.2 Prepare & Distribute Bid Documents — CDM will distribute DVDs of the bid documents for sale for general contractors, potential subcontractors, and vendors. Hard copies will not be made for bidders. For the District and CDM internal distribution up to 30 paper copies of bid documents (specifications and half -size drawings, along with MFSS (GE's) P &IDs) will be made. A hard copy of the documents will be available for review at the CDM office, the District office, and at the Green Sheet plan review room. Other references documents as may be requested such as the geotechnical report will also be provided in electronic format (pdf). CDM will maintain a record of plan holders so that addenda can be provided to all. CDM will collect payment for the bid documents of checks made out to the District made out to the District and will return all payments to the District. 2.1.3 Advertisement — CDM will prepare a bid advertisement for the District. Upon District's approval, CDM will submit the advertisement to Sun Telegram, the Press Enterprise, and the Green Sheet. The advertisement is proposed to include the following: • Brief description of the project • Employment goals • Subcontracting goals (i.e., MBE/WBE percentages, when applicable) • When and where to obtain or review bid documents, their cost, and method of payment • To direct questions and the deadline for inquiries to CDM • Pre -bid meeting date and location, and whether attendance is mandatory • Date, time and location of the bid opening Task 2.2 DBE Coordination 2.2.1 Specification Development: Review regulations and forms from CDPH and Federal Guidelines. Add a section in bid documents that outlines requirements for prime contractors to comply with the good faith requirements. Submit a memorandum to District that outlines the process, timeline and responsible parties for compliance with the Good Faith Effort throughout the bidding, bid evaluation, award and construction period. Assist District with identifying potential areas of work/supplies to be subcontracted. 2.2.2 Assistance During Bidding — Coordination with A eg ncies: 5/3/2010 East Valley Water Ui strict Plant 134 Upgrades and Expansion Bid & Construction Phase • Contact Federal and State agencies (SBA, Dept of Commerce, Caltrans Certification Program) to develop solicitation listing of potential DBF contractors and subcontractors. • Attend Pre -bid meeting to assist with outreach and tracking of potential DBE contractors. • Develop Outreach Documents, including: Broad Base Advertisement, Written Notice to Subcontractors. • Establish documentation files that demonstrate outreach copies of letters sent or of master notification, follow -up communication, telephone or correspondence log, transmittal documentation of project information, assistance reques to recruitment /placement agencies Note: CDM is not the lead for labor compliance function . 2.2.3 Review of Bids • Assist District with review of bid documents to confirm contractor compliance with Good Faith Efforts and proper submission of EPA DBE forms in bid submission. • Develop bidders list of firms that bid or quote on prime contracts or bid or quote subcontracts on the SRF funded project. (This must be maintained throughout the project construction period.) Task 2.3 Bid Phase Coordination 2.3.1 Respond to Bidders Questions — CDM will respond to written questions from bidders during the bid period. In general, these will direct bidder to specification or drawing where information already exists. In certain cases, changes or clarifications to bid documents may be warranted. CDM will seek District assistance where the question may relate to District policies or procedures. CDM has assumed up to 100 bidder questions. 2.3.2 Prepare Addenda — Where changes are required to the bid documents during the advertisement period, CDM will prepare and issue the changes as addenda. These include: changes to instructions to bidders (such as bid date), increase /decrease in scope of work, clarification of or changes to specifications or drawings, regulatory /funding agency driven change. Addenda may include changes /clarifications basec on bidder's written questions that merit such. CDM has budgeted for up to two addenda. CDM will distribute addenda to plan holders of record in electronic format. Task 2.4 Bid Selection 2.4.1 Bid Opening & Review — CDM will attend and assist the District with the Bid Opening. CDM will also review the bids and assist the District in the evaluation of the Low Bidder. This will include review bid packages for: completeness and numerical accuracy, any required supplemental information, and references, as applicable. CDM will provide a formal letter of recommendation to the District. Task 3 — Construction Services CDM shall consult with and advise the District and act as the District's representative as provided in the construction contract's Standard General Conditions. The extent and limitation of the duties and responsibilities and authority of CDM in the General Conditions shall not be 5/3/2010 East Valley Water District Plant 134 Upgrades and Expansion Bid & Construction Phase modified, except to the extent provided in the following scope of work. All of the District's instructions to the Contractor will be issued through CDM's resident representative who shall have the authority to act on behalf of the District in dealings with the Contractor. Task 3.1 Preparation of Conformed Construction Documents This task entails taking all addenda and incorporating them into the drawings and specifications for a single set of conformed construction documents. Given the size and scope of this project, this task may not be necessary. As such, CDM will not proceed with this task without authorization from the District. Task 3.2 Resident Project Representative Services This task includes the full -time services of a Resident Project Representative (RPR) at the construction site to assist the Engineer and to provide more extensive observation of the Contractor's work. The services of the RPR include: observe work performed for compliance with the contract documents; witness field- testing; monitor quantities of work performed; review and recommend periodic progress payments; provide field coordination and communication with the Contractor; maintain liaison with the design team, as needed; prepare project reports (daily, weekly, monthly), as required; conduct field meetings, as needed; coordinate materials testing and other field quality assurance testing activities. A more detailed description of the Resident Project Representative duties and limits of responsibility are contain in Exhibit 2 attached to this scope of work. This task includes RPR services for the duration of the construction phase (88 weeks based on 610 days to final completion). This task also includes part -time administrative support services at the field office (16 hrs per week for 78 weeks based on the construction duration to substantial completion, 550 days). Task 3.3 Shop Submittal Reviews CDM through the Resident Representative will receive certified shop submittals from the Contractor and will distribute appropriate copies to the reviewers. CDM will maintain a submittal receiving, tracking, and status log. CDM will perform reviews in accordance with the time limits indicated in the construction documents. In general, partial submittals will not be reviewed, unless beneficial to the overall project. The review of Submittals is for the purpose of determining whether equipment, materials, construction details, and procedures proposed by the Contractor are in conformance with the contract documents, or are equivalent to that described in the contract documents, and consistent with the design intent. Such reviews and approvals will not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions. Shop submittals include shop drawings, information submittals, samples, and O &M manuals. The budget is based on a total of 150 shop submittals and resubmittals. Task 3.4 Factory Witness Testing This task includes Engineer or Owner representation during factory testing of equipment as allowed by the contract documents. CDM has not included any budget for this service. 5/3/2010 East Valley Water 1 ti aria Plant 134 Upgrades and Expansion Bid & Construction Phase Task 3.5 Response to Requests for Information Wls) This task includes responding to Contract RFIs submitted bv the contractor for clarifications and interpretations of the contract documents. Such clarifica ions and interpretations will be consistent and reasonably inferable from the contract documents. The budget is based on a total of 140 RFIs. Task 3.6 Change Orders Change orders are issued to: modify the original plans and Specifications, increase or decrease the scope of work, alter the character of the work, increase or decrease the contract time, increase or decrease the contract cost, address changed or unforeseen conditions encountered during the progress of the work, changes in the scope of work. changes in materials or equipment, or changes in methods of construction. CDM will prepare and recommend change orders or work change directive to the District for approval. This task includes scope and budget for preparing approximately three (3) change orders. Task 3.7 Record Drawings CDM will prepare and furnish five hard copy sets (half -size i and one electronic set ( *.pdf or *.tiff format) of record drawings to the District based on markups prepared by and maintained by the Contractor. Task 3.8 Geotechnical Services This task includes special geotechnical services for structural excavation and fill compaction testing field services, including laboratory testing, and review of compaction testing results by the project geotechnical engineer. It also includes a final grading and compaction report. Task 3.9 Special Coordination This task includes limited special coordination services for DBE activities during construction, as well as coordination of the I &C work of the Automation Engineering System Supplier (AESS) for the project and with the Membrane Filtration System Supplier (MFSS). The DBE coordination activities during construction include: Semi - Annual DBE Utilization Reporting — after the contract is awarded, a report must be submitted to CDPH within 15 days of April 1 and October 1 to report MBE and WBE utilization throughout the project until the final claim is submitted. Note: CDM is not the lead for labor compliance functions. Task 3.10 O &M Manual This task involves compiling the separate O &M manuals into a single O &M document for this District's use. An electronic ( *.pdf) version will also be provided. Task 3.11 Commissioning Services This task includes additional services during the testing and startup period. These are in addition to the RPR services provided during this time period and involve individuals with more focused technical experience such as process, elec rical, and I &C specialists. This task 5/3/2010 East Valley Water District Plant 134 Upgrades and Expansion Bid & Construction Phase also includes optional budget for an O &M or startup specialist to provide additional training and operations assistance. The services in this task include witnessing the operational readiness tests (ORT) and functional acceptance tests (FAT). The ORT is performed with each individual piece of equipment and the FAT is performed with integrated facilities in operation. CDM will also observe and assist with operator training during this period. CDM will provide representation during the 100 -hr FAT Operations Test where all systems must operate on a continuous basis for 100 consecutive hours, without any malfunction. Reduced representation will be provided during the 30 -day Site Acceptance test period. CDM will prepare a final punch list and inspection for the constructed facilities. CDM will also submit to the District a Final Acceptance Report (with the final record drawings). KEY PERSONNEL The key CDM Team personnel include: Name Project Role Richard Corneille Officer-in-Charge William O'Neil Project Manager Connie Leonard Quality Manager Evelyn You Assistant Project Manager Greg Wetterau Lead Design Engineer Brad Moore Resident Project Representative Chris Ott Civil Lead Engineer Ed Galindo Architectural Lead Engineer Simon Wong Engineering Structural Design George Swaidan Building Mechanical Lead Engineer Shu en Pan Process Mechanical Lead Engineer Mario Manansala Electrical Engineer Greg Fron I &C Lead Engineer Jane Saulnier Supervising Electrical and I &C Engineer Buck Bilderback CADD Coordinator Evelyn You Lead Permitting Engineer METHOD OF COMPENSATION Time and materials using approved billing rates (see Exhibit 3) for CDM and subconsultants up to the total amount authorized in the Project. EXPENDITURES This project will be funded in accordance with the attached detailed fee breakdown table for a total amount of $1,273,893 which will not be exceeded without prior written authorization from the District. 5/3/2010 East Valley Water 1 ti aria Plant 134 Upgrades and Expansion Bid & Construction Phase Funding Request for this Project: $1,273,893 Exhibit 1 Operations Plan Table of Contents • Exhibit 2 Resident Project Representative Duties and Limits of Responsibility Exhibit 3 CDM 2010 Schedule of Hourly Billing Rates. Note these rates will be held for the duration of the construction. • Exhibit 4 Overall Fee Breakdown 5/3/2010 EXHIBIT i Draft Operations Plan — Plant 134, East Valley Water District Section 1. Introduction Section 2. Summary of Surface Water Treatment Requirements Section 3. Automation and Staffing Requirements Section 4. Unit Processes Section 5. Monitoring, Instrumentation Calibration and Maintenance Section 6. Chemical Facilities Section 7. Plant Startup and Shutdown Procedures Section 8. Operating Records Section 9. Routine Maintenance Section 8. Emergency Operations and Response Plan Section 9. Safety Appendix A Other Standard Operations Procedures (SOPS) EXHIBIT 2 TO AGREEMENT BETWEEN OWNER AND ENGINEER DUTIES, RESPONSIBILITIES AND LIMITATIONS OE AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE This is an Exhibit attached to, made a part of and incorporated by reference with the Agreement made on 20 between (OWNER) and (ENGINEER) providing for professional engineering services. ENGINEER shall famish a Resident Pioiect Representative ( "RPR "). assistants and other field staff to assist ENGINEER in observing progress and quality of the work of Contractor. Through more extensive on -site observations of the work in progress and field checks of materials and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects knd deficiencies in the work of Contractor. However, ENG17,T ER shall not, during such visits or as e result of such observations of Contractor's work in progress, supervise. direct. or have control over Contractor's work not shall ENGINEER have authority over or responsibility for the means, methods. techniques. sequences or procedures selected by Contractor, for safety precautions and programs incident to the work of Contractor, for any failure of Contracre= to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor's performing and furnishing the work, or responsibility of construction for Contractor's failure to furnish and perform the Work in accordance with the C ontract Documents. The duties and responsibilities of the RPR are limited to those of ENGINEER in °NMNEER's agreement with the OWNER and in the construction Contract Documents, and are further limited and described as follows: A. General RPR is ENGINEER's agent at the site, will act as directed by and under the super vision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on -site work shall in general be with ENGINEER and Contractor, keeping OWNER advised as necessary. RPR s dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. B. Duties and Responsibilities of RPR 1. Schedules.' Review the progress schedule, schedule of Shop Drawirg submittals and schedule of values prepared by Contractor and consult with ENGINEER concerning acceptability. Conferences and Meetings. Attend meetings with Contractor. suer as preconstruction conferences, progress meetings, job conferences and other project - related meetings, and p,epare and circulate copies of minutes thereof. 3. Liaison: a. Serve as ENGINEER's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of Contract Documents: an(' assist ENGINEER in serving as OWNER's liaison with Contractor when Contractor's operations affect 00W'�FR's on -site operations. b. Assist in obtaining from OWNER additional details or information. u hen required for proper execution of the Work. Page I Exhibit 2 1/2006 4. Shop Drawings and Samples: a. Record date of receipt of Shop Drawings and Samples. b. Receive Samples which are furnished at the site by Contractor, and notify ENGINEER of availability of Samples for examination. c. Advise ENGINEER and Contractor of the commencement of any Work requiring a Shop Drawing or Sample if the submittal has not been approved by ENGINEER. 5. Review of Work, Rejection of Defective Work, Inspections and Tests.: a. Conduct on -site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to ENGINEER whenever RPR believes that any Work will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Verify that tests, equipment and systems start-ups and operating and maintenance training are conducted in the presence of appropriate personnel, and that Contractor maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and start-ups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by ENGINEER. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to Contractor in writing decisions as issued by ENGINEER. 8. Records: a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and Samples, reproductions of original Contract Documents including all Work Change, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing submittals received from and delivered to Contractor and other Project related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the job site, weather conditions, data relative to questions of Work Change Directives, Change Orders or changed conditions, list ofjob site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. c. Record names, addresses and telephone numbers of all Contractors, subcontractors and major suppliers of materials and equipment. Page 2 Exhibit 2 1/2006 9. Reports: a. Famish to ENGINEER periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Saris ile submittals. b. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. C. Draft proposed Change Orders and Work Change Directives, obian.mg backup material from Contractor and recommend to ENGINEER Change Orders, Work Change D recii ce. and Field Orders. d. Report immediately to ENGINEER and OWNER the occurrence of any accident. 10. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations. to ENGINEER, noting particularly the relationship of the payment - egaested to the schedule of values. Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and famished by Contractor are applicable to the items actualh installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 12. Completion: a. Before ENGINEER issues a Certificate of Substantial Completion submit to Contractor a list of observed items requiring completion or correction. b. Observe whether Contractor has had performed inspections requ red by laws, rules, regulations, ordinances, codes, or orders applicable to the work, including but not limited to those to be performed by public agencies having jurisdiction over the work. c. Conduct a final inspection in the company of ENGINEER, OWNI'.R and Contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corected and make recommendations to ENGINEER concerning acceptance and issuance of the Notice of Acceptability of the Work. C. Limitations of Authority by RPR Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or- equal" items). unless authorized by ENGINEER. 2. Shall not exceed limitations of I NGINEER's authority as set forth in the .Agreement or the Contract Documents. 3. Shall not undertake any of the responsibilities of Contractor, Subcontractors, Suppliers, or Contractor's superintendent. 4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such acs ice or directions are specifically required by Page 3 Exhibit 2 1/2006 the Contract Documents. 5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 6. Shall not accept Shop Drawing or Sample submittals from anyone other than Contractor. 7. Shall not authorize OWNER to occupy the Project in whole or in part 8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. Page 4 Exhibit 2 1/2006 Exhibit 3 CAMP DRESSER & McKEE INC. SCHEDULE OF HOURLY RATES For Plant 134 Bidding & Construction Services January 1, 2010 Categories Hourly Rate Engineers/Scientists/Planners: Current IRS Rate Resident Project Representative (Brad Moore) $100.00 Grade 1 $115.00 Grade 2 125.00 Grade 3 135.00 Grade 4 145.00 Grade 5 155.00 Grade 6 165.00 Grade 7 175.00 Principal 185.00 Associate 200.00 Vice President 215.00 Sr. Vice President 225.00 Support Service: Designer Drafter 1 75.00 Designer Drafter 2 85.00 Designer Drafter 3 95.00 Designer Drafter 4 105.00 Designer Drafter 5 110.00 Designer Drafter 6 115.00 Designer Drafter 7 125.00 Designer Drafter 8 135.00 Administrative Manager 95.00 Administrative Assistant /Word Processor 80.00 Office Clerk 65.00 Financial Manager 110.00 Contract Administrator 100.00 Finance Assistant 70.00 Miscellaneous Expenses: Auto Mileage Current IRS Rate Computer Time - PC 4.00 /Hour Computer Time - AutoCAD 12.00 /Hour Reproduction Services Black and White Copies $0.10 /1'age Color Copies $1.00 /Page Outside Services Cost + 10% Materials and Other Expenses Cost + 10% m Q A N F O d T VVVIJY:WVYS Njf � 0 Ni 2 rou:i uw in uuic v >�a�w NNV O ; 9 f/ Y� 'rn+aN N' 3 ! n q m Ip 9 9 N> O 3 T A 9 m T N> p D >» > R7� Z nnnpRgs <� epa nSn2� O m ^ p =.R �° nR Q, T A° fn A eiu T a > y n�u- T •] N ! 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A A O N N O N N N N N N H N H N N N N H w N H w N w N N N N N N H H w N N N N H N N N w N N w N N N w N w N O iQNq$qN� %s eSiS Oo G H H N N M N N H H N N M N M M --------- ........ N O wf H + ++ 0 + m OUUP N i W qO fJJ N TTA U m U (UUJ m O� W ?� a YNY�� m P yb {qJ pJ m+ + UUU N N m O N U N y W U 0 W 0 b N N b b _ E W ,�,�TT R zA (m(nn (m(PP UNU 1 10��� O N y rV� m y y O N 0. 0 0 0 N A P O o 0 N (UP O 1�e mV m 0 eoi m m m x rr Q 91 East Valley Water District Board Memorandum No. B- 13 -2010 Date: May 11, 2010 From: Ron Buchwald, District Engineer 1N5%%10 Subject: City of Highland Right of Way Dedication of EVWD property on Greenspot Road at the S- Curve. Recommendation: Approve the Dedication, Adopt the Resolutions and Authorize the General Manager to sign all requested Legal Documents Background: The City of Highland is in the process of realigning a portion of Greenspot Road near the easterly end of the current development in Highland to straighten out the "S- Curve" alignment to ultimately make the road wider and safer for travel. The City of Highland has secured a federal grant to realign Greenspot Road from Santa Paula Street to approximately 3,680 feet easterly (beyond the S- Curve). The grant will fund approximately 50% of the project's construction cost. City Staff met with District Staff to discuss the effect the realignment has with District owned property located on the south side of Greenspot Road at the westerly curve. In order to meet the design requirements of the realignment, the City is requesting to acquire, through two easements, a portion of the District's property. One easement is for roads, drainage and public utility purposes and is 0.219 Acres or 9,540 Square Feet in area. The other easement is for slope purposes and is 0.112 Acres or 4,860 Square Feet in area. The total area requested is 0.331 Acres or 14,400 Square Feet. The District owns property at the S -Curve location. This property was purchased to serve as a Foothill Zone Reservoir and a Canal Zone Booster Station for future development. The District's 2008 Water Master Plan indicates the need for 10 Million Gallons of Reservoir capacity and 12,000 Gallons Per Minute of Booster Pump capacity at this location for future needs. The property is 15.45 Acres or 673,000 Square Feet in size. Currently, there are no facilities on or to the property. The City is requesting that the District provide the two easements without just compensation for the lack of use of the easement areas for the benefit of the City project. The City performed a preliminary valuation study and estimated the value of the requested property at $9,380 or about $0.65 per square foot. The forfeit of just compensation is being asked of several property owners that are affected by this realignment including other public agencies. Staff reviewed the above information including the legal documents and discussed the potential benefits of the realignment to the District's property. Access to and from the property will be improved by allowing better sight distances along the busy roadway. The road «ill be much safer to travel to and from the property as well. The amount of property lost to the easements is negligible to the overall property size and will not affect the purpose for the property ncr the future plans to improve the property. Staff believes that the benefit from the realignment of the roadway meets or exceeds the value of property loss to the easements. I recommend that the Board move forward with the City's request. Please see the attached documents for further information. Fiscal Impact: $9,380 (The estimated value of the dedicated property) 27215 Base Line Highland. CA 92346 (909) 864 -6861 FAX (909) 862 -3160 www ci highland.ca City Council April 28, 2010 Mr. Robert Martin, General Manager East Valley Water District 3654 E. Highland Ave 1s Highland, CA 92373 city ar n� � Inc. 1987 Mayor Penny Lilburn Re: Dedication of Right of Way Greenspot Road Realignment — City of Highland Mayor Pro -Tem Ross B. Jones Dear Mr. Martin: Larry McCallon Jody Scott John P Timmer The City of Highland has secured a federal grant to realign a portion of Greenspot Road from Santa Paula Street to approximately 3,680' easterly. The grant will fund City Manager approximately 50% of the project's construction cost. The realignment project will Joseph A Hughes provide flatter curves and wider shoulders through the "S- curve" portion of Greenspot Road east of Santa Paula Street, thereby improving travel for the public, including the staff and constituents of East Valley Water District ( "District "), In order to accomplish the realignment project, a portion of your property, APN 0297 - 051 -17 is needed for the project. At the meeting with you on April 3, 2010, you indicated that District Staff will take consideration of donating the right of way, by easement, to the District's Board. The right of way is described in the attached documents. Since federal funds are being used to partially fund construction of the project, the City must comply with federal requirements and Caltrans procedures in order to maintain funding eligibility. As such, the City must make the District aware of its right to have the property in question appraised and has the ability to receive just compensation. The City requests the District waive its rights to having the property appraised and to receive just compensation for the benefit of the Project. We performed a preliminary valuation study and arrived at an estimated value of $9,380 for the easements. The dedication process is implemented in accordance with federal regulations (23 CFR 710) and Chapter 17 section 17.04.03.08 of the Caltrans Right of Way Manual whereby the District waives its right to have the property appraised and does not seek just compensation by signing the Acknowled?ement for Donations form, enclosed as Exhibit 2. Also enclosed for execution, contingent upon appro\al by the District Board, are Exhibit 1, Legal and Plat for right of way, and Exh.hit 3, Grant of Easements for roadway and slope easements. Please notify Dennis Barton at (909) 864 -8732 ext. 251 of the date and time the Board will consider the City's request to donate right of way. Additionally, please feel free to contact Bob Stoddard at Overland, Pacific & Cutler, Inc. at (951) 683- 23 53 with any concern s or questions regarding the federal ri ght of way process. The City wishes to express its appreciation for District's consideration of this request. Very Truly Yours, J seph Hughes City Manager C: Ernest Wong, Public Works Director /City Engineer Dennis Barton, Assistant Public Works Director HAPUBWRK\su06001 Greenspot S Curve \Right of Way\SBVWCD Donauo: Liter doc RESOLUTION 2010.03 A Resolution Of The Board Of Directors Of The East Valley Water District authorizing execution of a Grant of Easement to the City of Highland, an easement for roads, drainage and public utility purposes upon, under, over and across the real property in the City of Highland, County of San Bernardino, State of California. BE IT HEREBY RESOLVED AND ORDERED that the Grant of Easement dated May 11, 2010 and signed by Robert E. Martin, General Manager for East Valley Water District as grantor(s) to the City of Highland, its successors and assigns a Grant of Easement over, under, through and across the real property described therein. NOW, THEREFORE, BE IT FURTHER RESOLVED, that a copy of this resolution be attached to said Grant of Easement, and that the same be recorded in the Office of the County Recorder, County of San Bernardino, State of California, and filed in the records of said Board. The foregoing resolution was duly adopted at a meeting of the Board of Directors of the East Valley Water District by motion duly made, seconded and carried on May 11, 2010. Ayes: Directors: Noes: Absent: ATTEST: EAST VALLEY WATER DISTRICT George E. Wilson, oard President Robert E. Martin, oar ecretary Exhibit "1" Legal Description & Plat Map EXHIBIT "A" Being a portion of the Northeast 1/4 of Section 7, Township 1 SO,Ift Range 2 West, San Bernardino Meridian, in the County of San Bernardino, State of Califorrmia, described as follows: A strip of land 12.00 feet wide, the Northeasterly line of which i s described as follows: Commencing at the North 1/4 corner of said Section 7, thence South 88 °50'16" East along the North line of said section a distance of 814.91 feet, said point being on the West line of existing right -of -way of Greenspot Road per deed recorded December 15 1931 in Book 777, Page 139 CA,; thence North 88'50'16" West along said section a distance of 88.71 feet to the South line of proposed right -of -way line, said point being the Point of Beginning; thence South 49 °45127" East along said right -of -way line a distance of 186.34 feet to the heginning of a tangent curve concave Northwesterly with a radius of 2152.00 feet; thence Southeasterly along said curve through a central angle of 04 °37'10" a length of 173.50 feet to its intersection with the existing right -of -way of Greenspot Road and its termination. 12.00 -foot easement line is to be lengthened or shortened to intersect the North section line and/or the South right -of -way line for Greenspot Road. APN: 297- 051 -17 4,860 SF CITY OF HIGHLAND COUNTY OF SAN BERNARDINO 1" =loop EXISTING HT OF WAY �. P.O.B. NORTH SECTION LINE SEC.7,T.1 S.,R.2 W. 18.97' �\ R = 1472.47' A N88-50'1 6-W \ 814.91 1 108.32' N.1 /4 CORNER l�R9 e6�A3 SEC.7,T.1 S.,R.2 W. sr' 1" =loop EXISTING HT OF WAY �. P.O.B. NORTH SECTION LINE SEC.7,T.1 S.,R.2 W. 18.97' �\ R = 1472.47' A = 08'24'53" T = 108.32' L = 216.26' I R = 2152.00' = 04'37'10' \ \ T = 86.80' \ \ L = 173.50' \\ \\ I SEME � `� AREA= 0.219 ACRES EXHIBIT "B" APN 297 - 051 -17 LEGEND -- - - - - EXIST PROPERTY LINE - -- -- EXIST RIGHT —OF —WAY -- �— PROPOSED RIGHT —OF —WAY ------ - - - - -- EASEMENT LINE G. No. 14853 *\ Exp. 3 -31 -11 /"k PREPARED BY: ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA CITY OF I-I I G Fi LR I \.! C COUNTY OF SAN BERNARDINO N88'50' 16''W \ 814.91'y P.O.B ` \ti 7 9• N.1/4 CORNER 1903A SEC.7,T.1 S.,R.2 W. R R = 2152.00' A = 04'37'10 " - EXISTING HT O� NAY N88'50'1 6 "W No NORTH SECTION LINE SEC.7,T.1 S.,R.2 W. T = 86.80' L = 173.50',, \\ \\ E?v W `\ a°' �. LEGEND EXHIBIT "C" EASEMIIENT APN 297 -051 -1 A` EXIST PROPERTY LINE EXIST RIGHT -OF -WAY PROPOSED RIGHT -OF -WAY - - - - -- EASEMENT LINE G. Ff No. 14853 *\ Exp. 3 -31 -11 /* OF PREPARED BY: ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA Exhibit "2" Acknowledgement for Donation STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION la► .1Ti ]Y� ACKNOWLEDGEMENT FOR DONATIONS 17 -EX -8 (612002) (Form 9) Project Parcels Limits File No. FeeerzI Project No. We, the undersigned, do hereby acknowledge that we have been fully informed cf our rights under Federal law to receive just compensation for the over that portion c f our property shown shaded in red on the map attached hereto and made a part hereof, and that we have also been informed of cur right to have an appraisal made of said property along with an offer ofjust compensation. However, we do hereby waive these rights and agree to donate said _ for the improvement of This acknowledgement is signed by us free�y and without coercion of any kind. Name Signed Name (Print or Type) (Prin' or Type) Date Signed _ Date to the RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: BETTY HUGHES CITY CLERK CITY OF HIGHLAND 27215 BASE LINE HIGHLAND, CA 92346 NO FEE PER G.C. 6103 APN: 297 - 051 -17 SPACE ABO�T-, THIS LINE FOR RECORDER'S USE GRANT OF EASEMENT (ROAD AND DRAINAGE) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, East Valley Water District hereby GRANT(S) to the City of Highland, a Municipal Corporation, an easement for roads, drainage and public utility purposes upon, under, over and across that real property in the County of San Bernardino, State of California, described as: SEE EXHIBITS "A" AND `B" ATTACHED HERETO AND MADE A PART HEREOF Dated State of California County of On before me, a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her/their authorized capacity(ies), and that by his/herAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the I aws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _ (This arz fx official notarial seal) EXHMff "A" Being a portion of the Northeast 1/4 of Section 7, Township 1 South, Range 2 West, San Bernardino Meridian, in the County of San Bernardino, State of California, described as follows: Commencing at the North 1/4 comer of said Section 7, thence South 88 050'16" East along the North line of said section a distance of 814.91 feet to the Point of Beginning, said point being on the West line of existing right -of -way of Greenspot Road per deed recorded December 16, 1931 in Book 777, Page 139 O.R.; thence South 37 °07'26" East along said West line a distance of 78.97 feet to the beginning of a tangent curve concave to the Northeast and having a radius of 1472.47 feet; thence Southeasterly along said curve through a central angle of 08 °24'53" a length of 216.26 feet to a point of cusp, said point being on the intersection with a non - tangent curve concave to the Northeast and having a radius of 2152.00 feet; thence Northwesterly along said curve through a central angle of 04 °37'10 ", a length of 173.50 feet; thence North 49 045'27" West a distance of 186.34 feet to the North line of said Section 7; thence Easterly along said North line a distance of 88.71 feet to the Point of Beginning. APN: 297 - 051 -17 Contains 0.219 Acres 7 CIT`'t'° OF HIGHLAND COUNTY OF SAN BERNARDINO \® o0 1"=100' p0• EXISTING RIGHT OF WAY I \\\�, NORTH SECTION LINE N88'50'1 6 "W\ ` P 0 . SEC.7,T.1 S.,R.2 W. I N88'50'1 6"W 814.91' -- \ N37'07'26 "W \ \28.97' R = 147:2.47' CORNER I N.1/4 86 RS•\ - \ 0 = 08''4'53° SEC.7,T.1 S.,R.2 W. 3y' ?�jy \ \ T = 108.32' \ L= 216.26' \ *\ I R = 2152.00' \ � A = 04'37'10" \ T = 86.80' \ L = 173.50' \\ \\ \\ =MV a0• \ \ AREA= 0.219 ACRES EXHIBIT "B" O Q{tOFESSb,�, AP N 297 - 051 -1 -7 �e`,a�N G e�9e�y� w No. 14853 �^ � m A LEGEND k Exp. 3 -31 -11 — - - - - -- EXIST PROPERTY LINE 4?�re OF c uFO�a� -- -- EXIST RIGHT -OF -WAY -- -- PROPOSED RIGHT -OF -WAY PREPARED BY: ENGINEERING RESOURCES OF — — — — — — — — — — — — — EASEMENT LINE SOUTHERN CALIFORNIA RESOLUTION 2010.04 A Resolution Of The Board Of Directors Of The East Valley Water District authorizing execution of a Grant of Easement to the City of Highland, an easement for slope purposes upon, under, over and across the real property in the City of Highland, County of San Bernardino, State of California. BE IT HEREBY RESOLVED AND ORDERED that the Grant of Easement dated May 11, 2010 and signed by Robert E. Martin, General Manager for East Valley Water District as grantor(s) to the City of Highland, its successors and assigns a Grant of Easement over, under, through and across the real property described therein. NOW, THEREFORE, BE IT FURTHER RESOLVED, that a copy of this resolution be attached to said Grant of Easement, and that the same be recorded in the Office of the County Recorder, County of San Bernardino, State of California, and filed in the records of said Board. The foregoing resolution was duly adopted at a meeting of the Board of Directors of the East Valley Water District by motion duly made, seconded and carried on May 11, 2010. Ayes: Directors: Noes: Absent: ATTEST: EAST VALLEY WATER DISTRICT eorge E. ilson, oard presi ent Robert E. Martin, oar ecretary RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: BETTY HUGHES CITY CLERK CITY OF HIGHLAND 27215 BASE LINE HIGHLAND, CA 92346 NO FEE PER G.C. 6103 APN: 297 - 051 -17 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF EASEMENT (SLOPE PURPOSES) East Valley Water District hereby GRANT(S) to the City of Highland, a Municipal Corporation, an easement for slope purposes over and across the following described real property in the County of San Bernardino, State of California, described as: SEE EXHIBIT "A" LEGAL DESCRIPTION AND EXHIBIT "C" PLAT ATTACHED The Grantor(s) also grant(s) to the City of Highland the privilege and right to extend and maintain 2:1 excavation slopes and 2:1 embanlanent slopes for the protection and support of the street the slope easement is coincident with, and also the privilege and right to plant and maintain grass, plants, and trees on said slopes. Reserving unto the Grantors, the successors or assigns, the right at any time to remove such slopes, or portions thereof, upon removal of the necessity for maintaining such slopes, or portions thereof, or aeon providing in place thereof other adequate support for the protection of aforesaid highway, the design and construction of which shall be first approved by said City. Dated State of California County of On oefore me, a Notary Public, appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity.upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY wider the laws of the State of California that the foregoing paragraph is true and correct. (This arev.'or official notarial seal) WITNESS my hand and official seal. Signature EXHMIT «A" Being a portion of the Northeast 1/4 of Section 7, Township 1 South, Range 2 West, San Bernardino Meridian, in the County of San Bernardino, State of California, described as follows: A strip of land 12.00 feet wide, the Northeasterly line of which is described as follows: Commencing at the North 1/4 comer of said Section 7, thence South 88 050'16" East along the North line of said section a distance of 814.91 feet, said point being on the West line of existing right -of -way of Greenspot Road per deed recorded becember 16, 1931 in Book 777, Page 139 OR,; thence North 88 °50'16" West along said section a distance of 88.71 feet to the South line of proposed right -of -way line, said point being the Point of Beginning; thence South 49 04527" East along said right -of -way line a distance of 186.34 feet to the beginning of a tangent curve concave Northwesterly with a radius of 2152.00 feet; thence Southeasterly along said curve through a central angle of 04 °37'10" a length of 173.50 feet to its intersection with the existing right -of -way of Greenspot Road and its termination. 12.00 -foot easement line is to be lengthened or shortened to intersect the North section line and/or the South right -of -way line for Greenspot Road, APN: 297 - 051 -17 4,860 SF CITY OF HIGHLAND COUNTY OF SAN BERNARDINO 6 \\ N88'50'16 W \� =, 814.91' A N.1/4 CORNER X66' SEC.7,T.1 S.,R.2 W. r raq R= 2152.00' \\ = 04'37'10" \ T = 86.80' \ �� _ L = 173.50' \\ \ EXISTING RIGHT OF W4,Y R = 1472.47' L = 08'24'53" \ T = 108.32' L = 216.26' 51 NORTH SECTION LINE SEC.7,T.1 S.,R.2 W. AREA= 0.219 ACRES EXHIBIT "B" APN 297 -051 - -/' LEGEND — - - - - EXIST PROPERTY LINE -- -- EXIST RIGHT -OF -WAY —�� -- PROPOSED RIGHT -OF -WAY ------ - - - - -- EASEMENT _INE e4 �N GG z w No. 14853 �^ � m A Exp. 3 -31 -11 'k CNIL aF F aF coofoP PREPARED BY: ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA \ c N88'50'16 "�\ 814.91 CITY OF HIGHLAND COUNTY OF SAN BERNARDINO \ 06 P.O.BJ N.1/4 CORNER �669A SEC.7,T.1 S.,R.2 W. 3y" R = 2152.00' EXISTING RIGHT OF WAY N88'50'1 6"W = 04 37 10 T � T = 86.80' L = 173.50' LEGEND EXHIBIT "C" EASEMENT APN 297 - 051 -17 EXIST PROPERTY LINE EXIST RIGHT -OF -WAY PROPOSED RIGHT -OF -WAY -- EASEMENT LINE i "=l 00, NORTH SECTION LINE SEC.7,T.1 S.,R.2 W. �N G . FC ti No. 14853 *\ Exp. 3-31 -11 /* PREPARED BY: ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA fmmovater stValley District Board Memorandum No. B -15 -2010 Date: May 11, 2010 From: Justine Hendricksen, Administrative Manager A--- Subject: 2010 WRDA Request Recommendation: Information Only Background: Pursuant to a recent Legislative Committee meeting, I have added this item to the agenda for the Board to review. The Committee on Environment and Public Works intends to begin its work on the next Water Resources Development Act (WRDA). WRDA is the authorizing legislation for the programs and projects of the civil works program of the Army Corps of Engineers' projects. On the advice of the District's Federal Representative, we prepared a letter to Senator Feinstein regarding the Seven Oaks Dam and requested that she submit language to the Senate Environment and Public Works Committee for inclusion into WRDA -2010. Senator Feinstein's submission deadline was May 4th. Accordingly, we had to prepare and submit the accompanying letter prior to the Board meeting. Fiscal Impact: N/A East Valley Water District 3654 East Highland Avenue, Suite 18, Highland, CA 92346 Serving OUr COMMunity for Over 50 Years P.O. Box 3427, San Bernardino, CA 92413 May 4. 2010 The Honorable Diane Feinstein 331 Hart Senate Office Building Washington, DC 20510 Dear Senator Feinstein: BOARD OF DIRECTORS George E.'Skp' Wilson President Matt Le Vesque Vice President Kip E Sturgeon Director James Morales, Jr Director Larry Malmoerg Director Robert E Martin General Manager Brian W. Tompkins Chief Financial Orfcer Ronald E Buchwald District Engineer I am writing to request your support for the inclusion of statutory language in the upcoming Water Resources Development Act Reauthorization bill regarding the Seven Oaks Dam. We were pleased with the WRDA -2007, Section 3036, which instructed the Corps of Engineers "to conduct a study of water conservation and water quality at the Seven Oaks Dam." Because of this language and the funding which was secured in FY07, 08, 09, the water quality portion of the study has been moving forward and will soon be completed. And thanks to FY10 funding, which was secured, the water conservation study is expected to begin in the near future. Both of these studies should be completed while WRDA -2010 is in force, so it is essential that the Corps be given clear instructions to implement the conclusions that are reached by the Corps, working in coordination with local water agencies. We respectfully request that you submit the following language to the Senate Environment and Public Works Committee for inclusion into WRDA -2010: "The Corps is directed to implement the conclusions of the water quality and the water conservation studies at the Seven Oaks Dam as authorized by Section 3036(2).' The completion of the Seven Oaks Dam earlier in this decade represented a tremendous step forward in protecting our region from the kinds of severe flooding that have plagued the region over the years. The Dam was also found to have compromised the water quality of the Santa Ana River which in turn affected the surface water supply of the East Valley Water District and also the ability to recharge water into the Bunker Hill Basin. These water quality problems have therefore impacted a number of cities and agencies including our District, the Cities of Redlands and Riverside, and ntanv others. The Dam also created water conservation issues, which must be resolved as pan of our regional water supply future. Administration (909) 885 -4900, Fax (909) 889 -5732 • Engineering (909) 888 -8986, Fax (909) 383 -1481 Customer Service (909) 889 -9501, Fax (909) 888 -6741 • Finance (909) 381 -6463, Fax (909) 888 -6741 t)roo East Valley Water District The local stakeholde-s agreed that the best wa} to a ldress how the Corps could resolve and address the water quality and water conseva :i ,n t <sues associated with the Dam was to cooperatively study them and to identify the ,: Iutions and a consensus for moving forward. Section 3036 of WRDA -07 provided the authorization for these studies and the Appropriations that have been secured in Energy and `eater Appropriations bills from FY07 through FY10 which have provided the necesszry funding. We believe that the next essential step is for the Corps to receive the auth rtr; and the clear direction from Congress that these solutions are to be fully implemented. Once these studies are completed by the Corps we anticipate being able to supply a dollar figure for what wilt be required plus additional legislative language. Pending completion we request that you submit the above provision. for addressing these issues which have arisen with regard to the Seven Oaks Dam. Thank you for all of your support over the years in helping your local water agencies to address the water quality and water conservaner issues that have arisen with regard to the Seven Oaks Dam. We ask that this support continuing by your submitting the language we have provided you to be included in the ipcoming reauthorization of WRDA. Please do not hesitate to contact us if you ha\e any questions or require additional information. Very truly yours, R<Fin General Manager / Board Secretary F- Uy F 0 D) _o Do w w 0 o Q ❑ N 30� W N J Q 6] 0 Q w Z ON W J U) Z CL Z w w 0 y W q W Z O W O w D F- 0 U W W w co N J w co Z O W � X � W O H U W w K W 3n K W co 0 F- U w K IW m c`oi � � o in n O 00 O O O O O O O N 00 0 00 N N V N r N M � N O M N0Q n O N t0 th 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O N O N O O N O N M N n N O V N O N r O 1� b tD O 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 O N N N N N N N h � n e 0o uNi n °0 0 N O N Oi r � Oi fp W 0p N N �(1 M O O O O O O O r N N r N n N O 0 f0D W r N m N M N b Z W w X J W K WN W W O V O O N N 1 Z W °o 0 o 0 0 i LLI 0 0 8 a o S W N N O O N r O O Q W LL J W Q Z Q N O Z 0 '' a i 0 N G m Q Q w � K � W z O F U 0 O W J W z C7 F) Z O t7 O o O O z J O o WO c� z LLI ¢ Y J Q U) W m W ao X N W ' 0 o OCN U N It W ¢ IX } � J LL OU oN Q� LL O m U- �I U ¢ W U z ww W W LL LL z O U (7 z W t= �W ¢w on LL O U. f' W Q Z H O F W 7 O O W W J F Q Cn W d o X N W K o O° F N U W Q O J LL Q O (j 0 CC U- 0 m QLLI Q U U Z O F Q U 7 O W U J I n' 1 z Z C7 O O J W (7 (D Z_ W Y J � WW w Cr QQ LL LL U Q W U Z W W LL Z N Z O W U LL (7 Z Q W O � LL O 0 o co 000 of vi c+i 0 0 C 00 , O O e- M O O Oi In O N r V N O O v 0 O 0 0 c*� 0 O 0 vi OD co m N Cl) In 0 0 0 0 0 0 0 0000000 0 0 0 N N N N m M N N N N N N N O N° N L` N W N N M t o m 0 CIS r r 800 r � r N M Cl) m co r c O M EU E UCl) m cc E x E N (U d m a y U U O c m °Q� °? �QU 0 _> 3 ?i C C Co LL C N C W m d m L mm U W ma0 0 , s E" n S O) m d� °� m C m d 0 w d o JsCOCnLL =QQCnLL3:Q2U IT y s } 0) ` r co Q ®% , § \ co W ; g / @ § )2 2 Cl) 00 = ± 5 ® :,w� M r a a kƒ }§ , r jj / ) §( X m M } ( = = r [ , _ k\ \) L) LL / 2 = 2 e ( -/[§ /3 \ ±§ ƒZ \- \\ \� A ��aa= \� /mr /r,/ ca E E \f� �) 0 E ` ©Co< ° 0w LL & \ )L E ° a� «�(\ ( \\kf # /%) Jfy @� ° ° ° *)«° „a` <3:f9 <ag< ..af; ;v; ==,=« ) / / /f / / }V') << IT U) W J O U) W U) w Z o W d o N X W� mo O o � N U W ¢ � J LL OU oC/) w LL O m LLLL I ot� O o o .- LO N o too W CD o O O (O N N V J Q Lo N ( O U Lo rn N � � co J O r (oo rn W I M ot� O o _Z C� N O J W CD o O UZ_ W Y N V J Q w w ( O rn U. U. � � co U Q W O N O U r Z o W 0) W LL co Z W OLL (7 Z m m rn rn 0 0 0 0 0 wr= 0000 0 0 o o 0 o o o o Q W N N N N N N N N N I� 00 00 r (O O (O n LL r�- r- OD N Cl) m M M O O O O O N N N N A CL N O U_ d U w m _ (n 7 o m w O us Q U U > U a Z mcy._ cE 0 c j c (/) m ¢ E > m o >_ C Q c)LCm�YEw3 C > 0) ] J S (7 J (n 2 (D J Q z O w c� D F- a Y co W U) a� X N W ' O 00 F— N U c� W Q Q Y � J LL OU oU) m U- 0 m U. o U U J Q W 2 z z C7 O J wU z W Y J � �a W W Q Q LL LL J a' w U W V1 w w W w LL LL z O U (7 Z F— W ❑ 2 LL O w z 0 o co iD N O O co 0 0 0 of of ao r- N c\l P— uo O M M O V U) 0 � V V N O V r co m N I� O UJ 0 0 0 0 L0 6 M 10 V V U� CD o O 0 m O 0 0 COON—, O O O 0 r 0 0 0 x 0 0 O N N Lo co p N 'D r OM O N —0 M 0 N N 00 LL7 m r c r 0) M V � M C O) C O C O m C .6 v m -o 30_ �_0n N li C m co C li O S o y a E o U 0 m m n m m a) O O .O U a U 'O > O (0 .O C O 'iC = W U LL O` L `ry V cn U _O r N Q x co 2 : LL > C0 LL U) Q w W c0 c+i N M J F- Z O U >J_ 7 w cD ir O w O U w U ao X N w ' U O 0 O OW CN U LLI LL V OU 0 (i O 0] U. Q U U 2 J "'m V O w v� 2 z 00 0m Ln ? v O O O Di Di (D v (� N (D N ui o 6 V N -q N O (0m m m W Y J Q �a w w O 00 V < w U- LL M N V N U Q w M U O O O O O Z (ri ao o ui o 6 m (0m m XW m (n m w w LL LL Z O U O C7 00°, O Z W D) 0 V V 0 O O N ZZ H w 00 _ N. -NN M, N N i' i 0 0 N W O 0 0 p LL 1� m N f0 O CN N M N d L L E E m m of L L g U U Q a d w Z m Q ¢ O 3 > U J 2 2 0 0 0 Q Q EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR Matt Le Vesque MONTH APRIL , 2010 Board Meetings 13, 27 Conferences and Other Meetincs DATE ORGANIZATION PURPOSE 1 -Apr EVWD Compensation Committee - Mathis 5 -Apr Facilities Mgt. Mass Notification Systems 6 -Apr North Fork Annual Meeting 8 -Apr Facilities Mgt. Funding Energy Efficient Projects 9 -Apr EVWD Compensation Committee - Mathis 16 -Apr EVWD Mann & Assoc. 20 -Apr EVWD Special Meeting - HDR 21 -Apr CPS Labor Market Studies TOTAL # OF MEETINGS 19 @ $175.00 each $- 1750.00 Travel Expenses: (Details on Back) Director's Signature Date of Board Approval Administrative Manager Miscellaneous Notes Total Director's Meetings & Expenses $ 1750.00 Less Any Advance Payments $ TOTAL DUE DIRECTOR $ 1750.00 TRAVEL EXPENSES Lodgings: (Detailed receipts attached') DATE FUNCTION ATTENDED AMOUNT TOTAL LODGING $ Personal Auto: (Detailed receipts attached') PARKING DATE FUNCTION ATTENDED MILES FEES TOTAL FEES $ CURRENT RATE: $0.50 TOTAL MILES $ Meals: (Detailed receipts attached') DATE FUNCTION ATTENDED AMOUNT TOTAL MEALS $ Other: (Detailed receipts attached') DATE FUNCTION ATTENDED AMOUNT TOTAL OTHER $ EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR Larry Malmberg MONTH April 2010 Board Meetings 4120/2010; 4/27/10 Conferences and Other Meetings DATE ORGANIZATION PURPOSE 1 -Apr 'EVWD Meeting with Dr. Mathis 6 -Apr 'North Fork Water District Annual shareholder me, 9 -Apr `Meeting at EVWD Dr. Mathis 9 -Apr EVWD Luch with Bob Martin 19 -Apr `Special Districts Monthly Meeting in Rancho Cucamonga 20 -Apr EVWD Special Board Meeting 21 -Apr 21 -Apr 27 -Apr 28 -Apr Director's Date of Board Apr Administrative Manager 'SBACC CPS EVWD 'Conservation District Travel Expenses: (Details on Back) Chamber Koffee Klatch On Line Seminar, Market Study Webinar Board meeting. Board meeting, rate increase.. TOTAL # OF MEETINGS 8 @ $175.00 Miscellaneous Notes each $ 1400.00 $ 58.00 Total Directors Meetings & Expenses $ 1458.00 Less Any Advance Payments $ TOTAL DUE DIRECTOR $ 1458.00 TRAVEL EXPENSES Lodgings: (Detailed receipts attached`) DATE FUNCTION ATTENDED AMOUNT 19 -Apr Special Districts Meeting. _ $ 35 Personal Auto: (Detailed receipts attached') DATE FUNCTION ATTENDED 19 -Apr Special Districts Meeting. TOTAL LODGING $ 35.00 46 $ PARKING FEES TOTAL FEES $ CURRENT RATE: $0.50 TOTAL MILES 46 $ 2100 Meals: (Detailed receipts attached') DATE FUNCTION ATTENDED _ AMOUNT TOTAL MEALS $ Other: (Detailed receipts attached') DATE FUNCTION ATTENDED _ AMOUNT TOTAL OTHER $ ORIGINAL RECEIPTS REQUIRED TRAVEL EXPENSES $ 58 DIRECTOR Board Meetings EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT Sturgeon 1 - 13 - 20 - 27 MONTH Ap r i l 2010 Conferences and Other Meetings DATE ORGANIZATION PURPOSE 1 SBVC Instruction 21 IEEAC Cal OSHA Seminar 6 North Fork Board Meeting 7 IE Economic Partnership -- Economic Outlook Luncheon 27 Inland Action Monthly Meeting 13 SBVC Instruction 19 SBVC Salton Sea Lecture 27 CVWD Rate Hearing 27 CPS Sustainability Seminar 26 SBVC Instruction TOTAL # OF MEETINGS 9 @ $175.00 each $ 1,575.00 Travel Expenses: (Details on Back) $ 131.36 Total Director's Meetings 8 Expenses $ 1 , 706 . 36 Director's Signature Less Any Advance Payments $ Date of Board Approval 05/11/10 TOTAL DUE DIRECTOR $ 1,706.36 Administrative Manager Miscellaneous Notes Lodgings: DATE (Detailed receipts attached') FUNCTION ATTENDED _ AMOUNT 04/07 Inland Empire Economic Partnership $ 75.00 03/11 Water Education Foundation Supplies _ $ 13.46 01/20 Goldspot -- Board Room Pen _ $ 42.90 S Personal Auto: (Detailed receipts attached`) DATE FUNCTION ATTENDED $ TOTALLODGING $ 131.36 PARKING MILES FEES S TOTAL FEES $ CURRENT RATE: $0.50 TOTAL MILES $ Meals: (Detailed receipts attached') DATE FUNCTION ATTENDED _ Other: (Detailed receipts attached`) DATE FUNCTION ATTENDED . ORIGINAL RECEIPTS REQUIRED AMOUNT $ e $ TOTAL MEALS $ c TOTAL OTHER $ TRAVEL EXPENSES $ 131.36 DIRECTOR: w 14!5 O)A) MONTH A PQ 2" o Board Meetings: 5;, VIA 4 , Y12 7 Conferences and Other Meetings DATE ORGANIZATION PURPOSE '1/1 C \/ w 13 Dr. MC14 i s ��G ti:sr�N Fc +��- /4Y1r1uol /'iPs'FIN4 �9 Fravel Expenses: (Details on )irector's Signature )ate of Board Approval wtm Fw rd Em Rwatdoc Sp s Tort, FDA« C tie ,k..3 x f -t I'tgr: r'✓rK .s w : TOTAL # OF MEETINGS /D @ $175.00 each $ i 2S -O• oo Total Director's Expenses $ 6- Total Director's Meetings & Expenses $ 17 so, e Less any Advance Payments $ TOTAL DUE DIRECTOR $ I �So. Do UF: y tip y 2z SQiioec /2& OR i �9 Fravel Expenses: (Details on )irector's Signature )ate of Board Approval wtm Fw rd Em Rwatdoc Sp s Tort, FDA« C tie ,k..3 x f -t I'tgr: r'✓rK .s w : TOTAL # OF MEETINGS /D @ $175.00 each $ i 2S -O• oo Total Director's Expenses $ 6- Total Director's Meetings & Expenses $ 17 so, e Less any Advance Payments $ TOTAL DUE DIRECTOR $ I �So. Do Lod in s: (Detailed receipts attached *) DATE FUNCTION ATTENDED _ AMOUNT TOTAL LODGING $ Personal Auto: (Detailed receipts attached *) DATE FUNCTION ATTENDED MILES PARKING FEES TOTAL FEES $ TOTAL MILES x $.55 per mile $ Meals: (Detailed receipts attached *) DATE FUNCTION ATTENDED AMOUNT $ TOTAL MEALS $ Other: (Detailed receipts attached *) DATE FUNCTION ATTENDED _ AMOUNT TOTAL OTHER $ * ORIGINAL RECEIPTS REQUIRED TRAVEL EXPENSES $ (Enter this total on the front of form) Dee =Fr and Em R.=Lt RiglAmd SENROR. Center Highland District Council on Aging, Inc. "Seniors Helping Seniors" April 21, 2010 President Aaron Edmonds Board of Directors Vice President EV WD Tom Battaile, Jr. 3654 East Highland Ave 418 Highland, CA 92346 Tr a_ e�ct re r Louise Lorenzen Dear Board of Directors: Assistant Treasurer Cathleen Crosby On behalf of the Highland Senior Center Board of Directors and its membership, I would Secret ry like to thank you for your donation of 10 cases of bottled water (24 bottles per case) for a Nona Martin total of 240 Bottles of water for a Product Sponsorship for the center's Annual Golf Pact President Tournament. Your generous donation will help in the success of this event. Marty Steinbrecher As a non - profit agency, we are serving over 93,000 seniors annually and are growing at a Board of DireetAtate of 800 members each year. Rich Blanco Again, we wish to extend our heart felt thanks and look forward to your continued Marge Booth support. Bill Calvert Sincerely, James Davis Pa[ Fischer �!, I lam, Ike Hays ��� Penny 1 ltil] Executi Director Edward Henriquez Ralph Knox Denise Lundy Audrey Martinez John Rago Joseph Soto Emerald St. John Flora Viescas Fxec Ec Director Penny Lilbum vv TAX I.D. #95- 3374790 3102 E. Highland Avenue, Patton, CA 92369 P.O. Box 948, Highland, CA 92346 (909) 862.8104 � Fax (909) 862 -8196 e -mail • HighSenCtr@aol.com 011 ARROWHEAD UNITED WAY AGENCY The Inland Empire Resource Conservation District will be hosting the May 17th, 2010 Membership Meeting at the Shandin Hills Golf Course 3380 Little Mountain Drive San Bernardino, CA 92405 (909) 886 -0669 The social hour will begin at 6:00 PM with a call to order at 6:45 PM. Dinner: Dinner will be buffet -style with main dishes consisting of herb - marinated pork loin and chicken picatta, in addition to garden salad, Italian pasta salad, and marinated vegetable salad, rosemary new potatoes, seasonal vegetables, rolls with butter, dessert, and coffee and tea. Program: Pat Gilbreath, Mayor of Redlands will address the membership; program to be determined Cost: $35.00 /person RSVP to Kate Sykes Warren no later than May 10th: kate.sykes nca.nacd net. net or at (909) 799 -7407 x100 Make checks payable to ASBCSD, ATTN: Renee Latu 9850 Banyan Street, Rancho Cucamonga, CA 91737 District/Associate: Attendee (s): Reminder: There is a $2 surcharge for reservations made after the deadline date, as well as for coming to dinner with no reservations. You will also be billed for the dinner if your cancellation is not received prior to the deadline. Directions: Shand in Hills Golf Course is located north of the intersection of the 215 and 210 freeways in San Bernardino From the 215 Freeway: take the Mt. Vernon Exit and head East off the off- ramF --> Take an immediate left on Little Mountain Drive the course will be on the west side cf the street. m A;a 45 C A L I r D R IN I A Muscoy \., m t tTC ° Q a San ` N � irr a m p 2 f t`/ IJtenuu' Krn: SI I R Jr h m Et Z 0 J o m E W 30tt, St.2101 N s Z [ _ ?Fth 51 2 Z 'uVest High,a nds 13; _ 30 - - �.t�,'d highland Ave E Highland Ave '"1yy Highland Ave F VVY 66 C q59 LU Z 3 0 14(h St W Base Line Si h ,= Base Llne „ m o Q C d1' 9th S' u Z 'Z E 991 51 ? inh 51 S1 U 7 _ C E W stn St t z San Bernardino c 9tr, Sl sn CL o s n Br a n:no a Z7 w 3 ru$ "11P'n9111n9: W Rialto t e y, E Rialto Ave A,fpop ' S i W rAlll Si W VI St i E Mill St r'r-w "!' µ11 y 9 m > Q d Q �4 C Q Gxolello Avu N Win CJ Q IXn•n Avt V E 9s z a -cotton EF-91 ~ A.- West colton_„ -, Nevada Bema+nirto rn` Esan I I WIN I e:11a/,ds n� 6 r =< l U-1 F Elllll - FOIjPtli(t� J, .il t t Par" `lt 2 z ��, rtlrlr5 < < i F t,I.Y:.I1Al It t `i't 'UII D,�V aUfiSE'jSr� S' .r� VJ 31e151 n 'sl :. p C VJ i.'Mp 1: 6:. - gg +n9. s ' - 210, ..:,__;,_ Flwfhlll i C:eline Ra- . 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'C ` V11S1h 5f 19m St VJ 181h 51 :: 'AinY % E1ete St r,'na, is `y tn'vm s• ,:r,: 2`00 feet C \l ''- 14'•eq. `. ,: 1[Ac: SPECIAL DISTRICT AND LOCAL GOVERNMENT INSTITUTE ADMINISTRATION LEARN PROVEN TECHNIQUES FOR RUNNING A WINNING PUBLIC AGENCY A COMPLETELY UPDATED SEMINAR iPiil�hhi�ddh�rdnl�lr��I�iPi�liiilgr�hih6l�l�gr� LZ6£ -£T6Z6 KO 'ONIOdVNES08 Od IOIaISIa a'aJV x3TIKA ISH3 a30HNHW NOI,L dEJSINZWaH *+N3SNOIaaN3H 3NIISnP 'SdK l £Z6 IIJIa -£ HOSrxOlnlix. ++ r + + * ++4 + +9 japplp ta}eM 6alleA Ise3 02111110 3lu bupuud Ong Oltld e6elsod s piepuels peLese1d L LCZ -980Z6 V3 '¢kill 'L LSZ x08 '0'd a)nff;sul)u9tuuJ9n09 8307 PUB 13iiasla I8.13alls PLUS SPECIAL SATURDAY WORKSHOPS -JUNE 12,20M SEE 1N#* fell Nam QETAl1,E01NFe1tMJlttel�) Board -secretaries Workshop EmAMAct, Pubnc Records Act and Conflict of letarast taws "Approved for 5.5MaEcredita'bygoStote Bar of Caftmis •MeetsABIM AWmmems y' "y Y EXPERIENCED DIRECTORS AND MANAGERS -an updated refresher seminar on running an effective agency. NEWLY - ELECTED OFFICIALS - a must- attend seminar to develop essential knowledge and skills. SENIOR MANAGERS AND STAFF -of special districts, cities, counties, and non- profit organizations. Provides proven toots and methods for dealing with the difficult challenges facing your local government agency. This sernipar incorporates the latest information, techniques and insights for solving today's 4eadershiptt6l� iallenges. TOP -NOTCH SPEAKERS, each an expert in their respective fields, chosen for their working knowledge of California local government. A CAREFULLY PLANNED CURRICULUM packed with up to date topical information needed by local government officials. LARGE COMPREHENSIVE HANDBOOK containing materials from each presentation. Retail value $100. CERTIFICATE PROGRAM, SPECIAL DISTRICT LEADERSHIP AND MANAGEMENT representing over four decades of continuing education experience. QUALITY RESORT HOTELS AND AMENITIES continental breakfast, luncheon, and refreshment breaks daily included in seminar registration. SEMINAR SCHEDULE THURSDAY, JUNE 10, 2010 Registration & Breakfast • 8:00 -8:30 a.m. INTRODUCTION TO ADMINISTRATION: PRINCIPLES FOR RUNNING A SUCCESSFUL AGENCY • Profile of a successful agency • How do you compare with the best: a Self- Assessment Exercise • Key signs to watch for to avoid trouble • Steps to correct problems MANAGEMENT: STAFF AND BOARD PERSPECTIVES PRACTICAL TOOLS FOR BUILDING COMMUNITY UNDERSTANDING AND SUPPORT • How to gain public support when you really need it • Tricks of the trade for cost - effective outreach • Proven guidelines for dealing with vocal opponents and the press • Whose job is it? Right roles for staff, governing board and consultants DEVELOPING A LEAN, MEAN ORGANIZATION • Assess your organizational effectiveness: operational and regulatory performance; weak and strong spots • Match -the right employees and the right number of employees with the skills required to provide your service • Management and organization techniques to increase efficiency • Use appropriate technology to improve your service and lower your costs • How to identify when outsourcing and insourcing is appropriate DEVELOPING A STRONG MANAGEMENT TEAM • Developing core values • Maintaining collaborative and cooperative communication • Building an effective team • Role of the management team EFFECTIVELY PLANNING FOR THE UNEXPECTED • Succession planning and mentoring for key positions • Ensuring reliability and fast rehabilitation after a disaster • Mutual aid and regional cooperation - communication across agencies and services • Deciding what to do and what not to do in order to implement your plan FRIDAY, JUNE 11, 2010 Breakfast • 8:00 -8:30 a.m. BETTER BOARD MEETINGS AND POLICIES: MAKING YOUR BOARD MEETINGS PRODUCTIVE - Board and Staff Roles • Simple things count: agendas, packets, and minutes • Governing Board and staff roles at the meeting • Making the meeting a positive experience • Dealing with problem elected officials DEVELOPING AND ORGANIZING EFFECTIVE AGENCY POLICIES • Do you know your agency's policies? • Policies drive agency actions and costs • Sample policy manuals • Guidance for effective staff and board policies YOUR AGENCY'S PLACE IN LOCAL GOVERNMENT: A LAFCO PERSPECTIVE LAFCO's job: what the law says • Taking a regional view Advice to local agencies HUMAN RESOURCES: HIRING AND KEEPING GREAT EMPLOYEES • The success of your agency depends on your employees • Hiring the right candidate • Retaining good employees • Maintaining good morale with consistent personnel policies EFFECTIVE ADMINISTRATION: PAINLESSLY HANDLING MANDATORY RECORDS MANAGEMENT • Why records management is important; who is responsible? • How long you should keep various records • Selecting the best imaging and storage technologies for your agency • Making documents readily available when needed • Technology solutions that minimize your cost and maximize your value • Disaster recovery features to enhance your security and eliminate lost or FkeelteytfooM damaged files thoretrul dation fot making a go In, ores ted In WRAP UP their orYaht riba„„to 4:00 -4:15 p.m. Hny a a euciOrse W D,,ct FACULTY: Expert Speakers i, �►. Share Their Knowledge and Experience The instructors' mission is to share their experience with real world problems, and W494ok", to provide practical information about your responsibilities, what you need to know and rY - k ways to resolve issues. DONNA BARTLETT -MAY serves as the Board Secretary for Helix Water District. With over 30 years experience, Donna was previously the Board Secretary and Government Affairs /Public Information Officer for the Otay Water District. She has a Bachelor's Degree in Business Administration and is t. p %st President and current Natural Resources Director for the Eas. San Diego County League of Women 'Jraars BOB BRAITMAN has been the Executive Officer of the Santa Barbara Local Agency Formation Commission (or LAFCO) since 1992. As a consultant to public agencies and private parties, Bob specializes in local government reorganizations, jurisdictional relations, provision of public services, land use planning and fiscal analysis. PLUS SPECIAL SATURDAY WORKSHOPS OFFERED ON SATURDAY, JUNE 12, 2010 Registration & Breakfast 8:00 -830 a.m. WORKSHOP 1: BOARD SECRETARIES WORKSHOP 8:30 a.m. — 2:00 p.m. Donna Bartlett-May, Helix Water District • Brown Act & Public Records Act • Mass Mailing Law • Board Secretary's Role • Better Agendas and Minutes • Types of Board /Committee Meetings • New Member Orientation • Handling Difficult Situations DEAN DERLETH is a Partner in Best Best & Krieger LLP He oversees all of the firm's municipal WORKSHOP 2:* attorneys in its 8 offices throughout California. In his practice, he represents municipal and public agencies in all aspects of general municipal and public agency law, and is the City Attorney for the BROWN ACT & PUBLIC Cities of Corona and Colton. RECORDS ACT JUDITH S. ISLAS of Counsel is with Liebert Cassidy Whitmore. She has practiced in labor, educatior and employment law for more than 20 years. She has an extensive background in all types of emplcyment litigation atthe trial and appellate levels, in both state and federal courts, including discrimination, harassment, discipline and wrongful termination, and other employment based claims on behalf of public entities including school districts and universities. KEITH LONDON is the President/CEO of Kennedy /Jenks Consultants. Keith has over 24 years of experience in water, wastewater, and reclamation projects His wide range of project responsibilities have involved planning, analysis and design, preparation of plans and specifications, permit coord na'ion, technical review, and construction review and management WILL MCMULLAN is a management consultantfor McMullan and Associates specializing in organizational and team effectiveness, process design /facilitation, training, and planning for private public, and non - profit organizations. As a consultant with 2' years experience, he regularly works with boards, senior leadership, management teams, and other professionals to address business, organizational and operational issues. JANET MORNINGSTAR is in private practice, DBA as Janet Morningstar, a Law Corporation. Jane serves as General Counsel for Rowland Water District and Special Counsel to Municipal Water Dist,�ct of Orange County. Janet has over 16 years experience advising governing bodies of local agencies in areas such as the Ralph M. Brown Act, the Public Records Act, or id the California Environmental Quality Pct. MARTIN RAUCH is President of Rauch Communication Consultants, leading a team that develops and conducts customized strategic outreach programs for local governments across the state, as well as strategic planning activities. ROBERT RAUCH is a Senior Consultant with Rauch Communication Consultants, with over 3o years experience, in planning and implementing focused public information programs, providing management consulting, and conducting strategic planning retreats. GLENN M. REITER is President of Glenn M. Reiter & Associates, a financial consulting and advisor; firm. He has over 45 years experience in local government as a Director, General Manager, and Chie'' Engineer. He specializes in financial planning, the setting cf rates and fees, and financing o` capital improvements. A co- founder of the California Special Dist,irt Association and the Special District Institute, Glenn is a registered engineer and a Life Member of the American Water Works Assocmoor. 8:30 a.m. — 12:00 noon Janet Morningstar, a Law Corporation CONFLICT OF INTEREST LAWS 1:00 p.m. — 3:15 p.m. Dean Derleth, Best Best & Krieger, LLP • Adjourned, committee and special meetings • Rules for closed sessions, recording meetings and agendas • Your liability as a public official • How to live within current laws *Workshop 2 qualifies for 5.5 MCLE credits and meets AB 1234 requirements. "EV¢H I f YOU haV N'� ' great for a ie4thtar8 are enthuslaa rh�refagYOur rnfornta' a UPdateSd/ng j l &q, Oceane Ccmmuni 'f Services Disrii i Lodging and Program Information HOTEL LODGING INFORMATION: OMNI San Diego Hotel 675 L Street, San Diego, CA 92101 A special rate of $157 single /double per room per day has been negotiated for accommodations during the event and for three days before and after the event for reservations made by May 19, 2010. THERE ARE A LIMITED NUMBER OF ROOMS AVAILABLE - please reserve early. Reservation Telephone Numbers: 1- 800 - THE -OMNI (843 -6664) Or, on the web: http:// www. omnihotels. com/ FindAHotel /SanDiego /MeetingFacilities/ SpecialDistrictlnstitute6.aspx (Group Booking Code: 17300103054) PROGRAM INFORMATION: EACH PARTICIPANT RECEIVES: Comprehensive Handbook, all class materials, breakfast, breaks and lunch during Seminar, Lodging and other meals are not included. CERTIFICATE PROGRAM: You are automatically enrolled as a candidate for the Certificate Program in Special District Leadership and Management. Seminars can be taken in any order and completed within a three -year period. TEAM DISCOUNTS: Attendance of groups of four or more from the same organization, enrolling at the same time, are entitled to a $50 discount off the seminar rate. Not good with any other discounts (including early registration discount). All tour must be enrolled in the seminar. Not good on workshops only. GUEST MEAL PACKAGE: Guest may join you for all meals. A separate meal package for guests must be purchased. CANCELLATIONS AND REFUNDS: Written cancellation received on or before May 19, 2010 will receive a refund, less a $50 processing fee. Full payment is required if cancellation is received on or after May 20, 2010 — no refunds and no credits for future events will be granted. However, substitutions may be made at any time. $25 fee charged for checks returned for insufficient funds or for credit cards denied. SDI reserves the right to make changes in programs and speakers, or to cancel programs, when conditions beyond its control prevail. Every effort will be made to contact each enrollee if a program is cancelled. If a program is not held, SDI's liability is limited to the refund of the program fee only. 11010#0 Special District and Local Government Institute P.O. Box 2317, Vista, CA 92085 PHONE: 800/457 -0237 or 760/643 -1760 FAX: 760/643 -1761 www.sdbmi.com • spcdistint@aol.com -EASE FILL OUT COMPLETELY Address: /ebsite: FOR OFFICIAL USE ONLY )ate R'vd Lest Name: Verify DB Code # :am? PECIAL NEEDS: Inv. If ] Wheelchair Access ❑ Visually Impaired ] Hearing Impaired ❑ Vegetarian Meals then IETHOD OF PAYMENT: ayable to: Special District Institute ] Check Enclosed for $ Please Invoice PO# ] Charge: ❑ Visa ❑ M/C # i numbers, 3 numbers listed in the signature area on back of tern cardl illing Address for Card: xpiration Date:: ADMINISTRATION SEV INAR ENROLLMENT FORM Seminar: June 10 - 11, 2010 • Workshops: June 12, 2010 OMNI San Diego Hotel, 675 L Street, San Diego, CA 92101 SEMINARS AND WORKSHOPS: (A) '❑ $585 SPECIAL DISTRICT ADMINISTRATION SEMINAR (Two days) (B) ❑ $785 SEMINAR + SATURDAY BOARD SECRETARIES WORKSHOP (C) ❑ $785 SEMINAR + SATURDAY BROWN ACT WORKSHOP (D) _L] $225 BOARD SECRETARIES WORKSHOP (E) ❑ $225 BROWN ACT WORKSHOP ORDER HANDBOOKS ONLY- Shipped the week after the event. Please add your local sales tar, + actual shipping amount (F) ❑ $65 Order Binder Only - Board Secretaries Workshop (G) ❑ $65 Order Binder Only -- Brown Act, Public Records Act and Conflict of Interest Workshop (H) ❑ $100 Order Binder Only - Special District Administration Seminar MEAL PACKAGES: (1) ❑ $20 Saturday Lunch for Attendee (Optional -not included) (J) ❑ $120 Guest Meal Package for Seminar (K) ❑ $55 Guest Meal Package for Workshop DISCOUNTS - If applicable: $50 Discount off seminar for attendance of 4 or more from the same District registering at the same time (for options A, B or C only -all 4 must include seminar) not good with any other discount. 525.00 Early registration discount for options A, B or C including seminar only. (Must receive payment by P4ay 19, 2010. Not valid on Workshops only.) SUBTOTAL FROM ABOVE: $ SUBTRACT $50 (Discount for 4 c More) $ SUBTRACT $25 (Discount for Early Registration) $ (Must receive payment by May 79, 2010. Not valid on Workshops only.) CERTIFICATION FEE $35 (only f applicable) $ TOTAL REGISTRATION FEE: $ FOR OFFICIAL USE ONLY )ate R'vd Verify DB Code # :am? Inv. If Net 'aid Lt,. Sent 013 Final ADMINISTRATION SEV INAR ENROLLMENT FORM Seminar: June 10 - 11, 2010 • Workshops: June 12, 2010 OMNI San Diego Hotel, 675 L Street, San Diego, CA 92101 SEMINARS AND WORKSHOPS: (A) '❑ $585 SPECIAL DISTRICT ADMINISTRATION SEMINAR (Two days) (B) ❑ $785 SEMINAR + SATURDAY BOARD SECRETARIES WORKSHOP (C) ❑ $785 SEMINAR + SATURDAY BROWN ACT WORKSHOP (D) _L] $225 BOARD SECRETARIES WORKSHOP (E) ❑ $225 BROWN ACT WORKSHOP ORDER HANDBOOKS ONLY- Shipped the week after the event. Please add your local sales tar, + actual shipping amount (F) ❑ $65 Order Binder Only - Board Secretaries Workshop (G) ❑ $65 Order Binder Only -- Brown Act, Public Records Act and Conflict of Interest Workshop (H) ❑ $100 Order Binder Only - Special District Administration Seminar MEAL PACKAGES: (1) ❑ $20 Saturday Lunch for Attendee (Optional -not included) (J) ❑ $120 Guest Meal Package for Seminar (K) ❑ $55 Guest Meal Package for Workshop DISCOUNTS - If applicable: $50 Discount off seminar for attendance of 4 or more from the same District registering at the same time (for options A, B or C only -all 4 must include seminar) not good with any other discount. 525.00 Early registration discount for options A, B or C including seminar only. (Must receive payment by P4ay 19, 2010. Not valid on Workshops only.) SUBTOTAL FROM ABOVE: $ SUBTRACT $50 (Discount for 4 c More) $ SUBTRACT $25 (Discount for Early Registration) $ (Must receive payment by May 79, 2010. Not valid on Workshops only.) CERTIFICATION FEE $35 (only f applicable) $ TOTAL REGISTRATION FEE: $