HomeMy WebLinkAbout2012-12-13 - Planning-Engineering-Operations Committee Meeting Agenda Packet Yorba Linda
Water District
AGENDA
YORBA LINDA WATER DISTRICT
PLANNING-ENGINEERING-OPERATIONS COMMITTEE MEETING
Thursday, December 13, 2012, 3:00 PM
1717 E Miraloma Ave, Placentia CA 92870
COMMITTEE STAFF
Director Ric Collett, Chair Steve Conklin, Acting General Manager
Director Robert R. Kiley Lee Cory, Operations Manager
1. PUBLIC COMMENTS
Any individual wishing to address the committee is requested to identify themselves and state the matter on
which they wish to comment. If the matter is on this agenda, the committee Chair will recognize the individual for
their comment when the item is considered. No action will be taken on matters not listed on this agenda.
Comments are limited to matters of public interest and matters within the jurisdiction of the Water District.
Comments are limited to five minutes.
2. ACTION CALENDAR
This portion of the agenda is for items where staff presentations and committee discussions are needed prior to
formal committee action.
2.1. Award of Construction Contract for Yorba Linda Blvd Pump Station Project
Recommendation: That the Committee recommend the Board of Directors award
the Contract for Construction of the Yorba Linda Blvd Pump Station Project to
Environmental Construction, Inc.(ECI), in the amount of$1,581,179.00.
2.2. Purchase of EADOC Project Management Subscription for the Yorba Linda Blvd Pump
Station Project
Recommendation: That the Committee recommend the Board of Directors approve
the purchase of EADOC Project Management Services for the Yorba Linda Blvd
Pump Station Project in the amount of$6,150.
2.3. Lease Agreement for Well 21 Site
Recommendation: That the Committee recommend the Board of Directors
authorize approval and execution of the "Lease Agreement, Yorba Linda Water
District, Warner Basin Complex, Well No. 21,"between the Orange County Water
District and Yorba Linda Water District, for a 50-year period.
2.4. Well 21 Hydrogeologic Services
Recommendation: That the Committee recommend the Board of Directors
authorize execution of a Professional Services Agreement with CDM in the amount
of$117,740 to provide Well 21 hydrogeologic services for drilling and construction
support.
2.5. Approval of Change Orders No. 15-18 for Pressure Regulating Stations Upgrade Project,
Phase 1
Recommendation: That the Committee recommend the Board of Directors approve
Change Orders No. 15-18 for three additional work days and $21,693.21 to Vido
Samarzich, Inc. for construction of the Pressure Regulating Stations Upgrade
Project, Job No. 201108.
2.6. Purchase of 2013 Ford F350 Truck
Recommendation: That the Committee recommend the Board of Directors approve
the purchase of the Ford F350 Cab & Chassis from Elk Grove Ford in the amount of
$26,020.12.
2.7. Chambers Group Extension of Services for Hidden Hills Reservoir Project Habitat
Mitigation and Monitoring Plan (HMMP)
Recommendation: That the Committee recommend the Board of Directors approve
an extension to Chambers Group Professional Services Agreement, in the amount
of$50,292 for the remainder of fiscal year 201212013 and $93,229 for fiscal years
2013114 through 201512016, for a total cost not to exceed $143,521, for required
environmental compliance mitigation and monitoring for the Hidden Hills Reservoir
Project. It is further recommended that the Board authorize transfer of$50,292 from
the Water Operating Fund for the work through June 30, 2013, and that the work
proposed for each of the three following fiscal years be approved by the Board as
part of the annual budget process.
3. DISCUSSION ITEMS
This portion of the agenda is for matters such as technical presentations, drafts of proposed policies, or similar
items for which staff is seeking the advice and counsel of the Committee members. This portion of the agenda
may also include items for information only.
3.1. Meter Testing Update
3.2. Monthly Groundwater Production and Purchased Import Water Report
3.3. Monthly Production Summary Report
3.4. Monthly Preventative Maintenance Report
3.5. Groundwater Producers Meeting Report
3.6. Status Report on Capital Projects in Progress
3.7. Status of Strategic Plan Initiatives
3.8. Future Agenda Items and Staff Tasks
4. ADJOURNMENT
4.1. The next Planning-Engineering-Operations Committee meeting will be held Thursday,
January 3, 2013 at 3:00 p.m.
Items Distributed to the Committee Less Than 72 Hours Prior to the Meeting
Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items
and are distributed to a majority of the Committee less than seventy-two (72) hours prior to the meeting will be available
for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA
92870, during regular business hours. When practical, these public records will also be made available on the District's
internet website accessible at http://www.ylwd.com/.
Accommodations for the Disabled
Any person may make a request for a disability-related modification or accommodation needed for that person to be
able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba
Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and
the type of accommodation requested. A telephone number or other contact information should be included so the
District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should
make the request with adequate time before the meeting for the District to provide the requested accommodation.
ITEM NO. 2.1
AGENDA REPORT
Meeting Date: December 13, 2012 Budgeted: Yes
Total Budget: $2.6M
To: Planning-Engineering- Cost Estimate: $2.3M
Operations Committee
Funding Source: All Water Funds
From: Steve Conklin, Acting General Account No: 101-2700
Manager
Job No: J2008-17B
Presented By: Steve Conklin, Acting General Dept: Engineering
Manager
Reviewed by Legal: Yes
Prepared By: Hank Samaripa, Project CEQA Compliance: MND
Engineer
Subject: Award of Construction Contract for Yorba Linda Blvd Pump Station Project
SUMMARY:
On November 8, 2012, bids were received from 12 contractors for the construction of the Yorba
Linda Blvd Pump Station (YLBPS). The low-bidder was Environmental Construction, Inc (ECI).
Following review of its bid documents and references, staff recommends award to ECI in the
amount of $1,581,179. The Engineer's Estimate for this project was $2,300,000.
STAFF RECOMMENDATION:
That the Committee recommend the Board of Directors award the Contract for Construction of the
Yorba Linda Blvd Pump Station Project to Environmental Construction, Inc.(ECI), in the amount of
$1,581,179.00.
DISCUSSION:
The YLBPS is the second of a two-phase project to provide groundwater to the easterly side of the
District. Phase 1 was the construction of a 20" transmission pipeline on Yorba Linda Blvd which is
now completed.
For the YLBPS Project, bids were received from 12 contractors, ranging from a low of
$1,581,179.00 to a high of $2,253,000.00, as shown on the attached summary. District staff and
legal counsel reviewed the bid documents from the three lowest bidders to confirm if all had
complied with bidding requirements.
A review of the bid documents from the apparent low-bidder, ECI, indicated that they provided
inadequate reference information. After a request for further information, ECI provided four other
references, showing pump station-related experience. Staff discussed the details of these past
projects with the additional references. A total of seven public agency references gave positive
feedback on ECI's past performance. Therefore, based on their bid, experience, and qualifications,
staff recommends award of the YLBPS Project to ECI.
STRATEGIC PLAN:
SR 3-A: Complete Implementation of Five Year Capital Improvement Plan from FY 2011-2015 with
adopted amendments
PRIOR RELEVANT BOARD ACTION(S):
On November 29, 2010, the Board of Directors authorized the President and Secretary to execute a
Consultants Agreement with Lee & Ro, Inc, in the amount of$423,624 for engineering design
services and construction management for the Yorba Linda Blvd Booster Station and Pipeline
Project, Job No. 2008-17. On March 12, 2012, the Board of Directors authorize the President and
Secretary to award the Contract for Construction of the Yorba Linda Blvd Pipeline Project to Garcia
Juarez Construction, Inc., in the amount of$1,681 ,650.00.
ATTACHMENTS:
Description: Type:
YLBPSbidresult110812.xlsx Bid Results Backup Material
rb . Linda
Water District
Bid Results
YL Blvd. Booster Station Project
Project No. 2008-17B
Date: 11/8/2012 Time: 2:00pm
NO. COMPANY BID
1. Enviornmental Constr Inc $ 1,581,179.00
2. Pascal&Ludwig Constructors $ 1,708,196.00
3. Schuler Engineering Corporation $ 1,775,930.00
4. RC Foster Corporation $ 1,799,300.00
5. Pacific Hydrotech Corportaion $ 1,813,000.00
6. Gateway Pacific Contractors Inc $ 1,833,364.00
7. Paulus Engineering Inc $ 1,849,317.00
8. Doty Bros Equipment Co $ 1,939,000.00
9. Brutoco Engineering&Construction $ 2,143,000.00
10. Dahl,Taylor&Assoc.-Construction Inc. $ 2,166,000.00
11. MMC Inc $ 2,184,111.00
12. Vido Samarzich Inc $ 2,253,000.00
Yorba Linda
Water District
Bid Results
YL Blvd. Booster Station Project
Project No. 2008-17B
Date: 11/8/2012 Time: 2:00pm
NO. COMPANY BID
1. Dahl,Taylor&Assoc.-Construction Inc. $ 2,166,000.00
2. MMC Inc $ 2,184,111.00
3. RC Foster Corporation $ 1,799,300.00
4. Pascal&Ludwig Constructors $ 1,708,196.00
5. Vido Samarzich Inc $ 2,253,000.00
6. Schuler Engineering Corporation $ 1,775,930.00
7. Pacific Hydrotech Corportaion $ 1,813,000.00
8. Enviornmental Constr Inc $ 1,581,179.00
9. Paulus Engineering Inc $ 1,849,317.00
10. Gateway Pacific Contractors Inc $ 1,833,364.00
11. Doty Bros Equipment Co $ 1,939,000.00
12. Brutoco Engineering&Construction $ 2,143,000.00
ITEM NO. 2.2
AGENDA REPORT
Meeting Date: December 13, 2012 Budgeted: Yes
Total Budget: $6,500
To: Planning-Engineering- Cost Estimate: $6,150
Operations Committee
Funding Source: Water Capital
Reserves
From: Steve Conklin, Acting General Account No: 101-2700
Manager
Job No: 2008-17B
Presented By: Steve Conklin, Acting General Dept: Engineering
Manager
Reviewed by Legal: N/A
Prepared By: Joe Polimino, Project Engineer CEQA Compliance: N/A
Subject: Purchase of EADOC Project Management Subscription for the Yorba Linda
Blvd Pump Station Project
SUMMARY:
The purchase of EADOC Project Management System is recommended to aid in the tracking and
review of Construction Management documents, to increase communication among all parties and
to minimize potential change orders for the Project. EADOCs was used for the recently completed
Highland Booster Station construction project and was found to be a valuable and effective tool for
construction management.
STAFF RECOMMENDATION:
That the Committee recommend the Board of Directors approve the purchase of EADOC Project
Management Services for the Yorba Linda Blvd Pump Station Project in the amount of$6,150.
DISCUSSION:
EADOC is an online service that allows sharing, transferring and managing information
electronically for larger projects. It was developed specifically to aid in construction management
document-control, where it is a challenge to manage project information and communication, with
large amounts of shop drawings and other documentation mailed or e-mailed between the owner,
contractor and other project team members and suppliers.
EADOC provides a means to eliminate numerous paper copies of submittals, pay estimates,
requests-for-information and change orders. The service also focuses on electronic communication
and information exchange across the entire project team, which provides benefits of integrating the
team with a single application. This allows both owner and contractor to get in contact and
communicate much faster when problems arise and ultimately provide quick solutions to project
problems by increasing communications, usually resulting in less change orders. At the conclusion
of the project, EADOC provides all of the electronic project files to the District on CDs for permanent
archive.
District staff had the option of procuring EADOC services through the pump station contract via the
contractor at a cost of $11,500 or procuring directly at a cost of $6,150. If staff procured this
subscription through the contractor, it costs more since EADOC would charge to create a new
account and go through the contractor's procurement process. Therefore, staff is recommending
that the EADOC services be procured directly by the District at a substantial savings.
This service was used for the construction of the new Highland Pump Station Project, and it proved
to be very useful and successful with document management and fast communications between the
owner, contractor and design engineer. By extending the subscription with the District (using the
existing account used for the Highland Pump Station Project), the cost is $6,150 including a 10%
discount by EADOC since the District is a repeat client.
ATTACHMENTS:
Name: Description: Type:
Yorba Linda Blvd Pump Station EADOC Proposal.pdf EADOC Proposal Invoice for YL Blvd. Pump Station Backup Material
EADOC Customer Proposal
EADOC LLC
436 14th st suite 150
Oakland,,eadoc CA 94612
www.ead ocs csoftwar ftware.com
Customer
Account Name Yorba Linda Water District Contact Name Joe Polimino
Bill To 1717 E. Miraloma Ave. Phone (714)701-3104
Placentia,CA 92870 Email
jpolimino @ylwd.com
USA
EADOC
Prepared By Eric Law Quote Number 00000191
Phone 510-903-9658x704 Created Date 11/27/2012
E-mail eric.law @eadocsoftware.com Expiration Date 2/25/2013
Project Name
Yorba Linda Water District New Pump Station
Project Details
Project Value $5,000,000.00 Project Start Date 12/3/2012
Subscription Yearly Contract 12
Payment Duration(months)
Product . .
EADOC Annual Subscription $4,950.00 1.00 $4,950.00
EADOC Flex Team Training(2hr) $600.00 2.00 $1,200.00
Subtotal $6,150.00
Discount 0.00%
Grand Total $6,150.00
Proposal Terms
1. Proposal.This Customer Proposal(the"Proposal")contains estimated Project parameters provided by EADOC to Customer based on
required hosted Construction Management Software Services.
2. Modification and Price Adjustments.Service pricing is based upon engineer's estimate for the Project and estimated duration of the
Project. If the actual cost of the Customer's construction is 10%higher than the original estimate, EADOC reserves the right to adjust
the subscription price.
3. Service Agreement.By approving this Proposal,Customer acknowledges that the Parties shall fully execute and agree to the Terms
of the EADOC LLC Master Services Agreement(the"Services Agreement")prior to the commencement of Services.Customer further
acknowledges that the Estimates contained herein will be incorporated by reference into the Agreement as though they were part of
the same. In the event of any conflict between this Proposal and the Services Agreement,the terms of the Services Agreement shall
prevail.
4. Service Levels.Service Levels,including System Availability, Response Time,Support Resolution Time,Customer Notification and
Credits procedures shall be contained in a Service Level Agreement(the"SLA"),as amended from time to time,attached to the
Agreement as Exhibit A shall be incorporated by reference(alternatively available at
http://www.eadocsoftware.com/pdf/EADOC_Service_Level_Agreement.pdf).
EADOC Customer Proposal
EADOC LLC
436 14th st suite 150
c Oakland, ftwar
www.ead ocs csoftware.com
5. Term.
1. An approved Proposal is valid for a project start date of+/-three(3)months from the estimated start date listed.
2. If the Project is delayed more than three(3)months or canceled this Proposal is void unless EADOC extends the terms in
writing.
3. This Proposal is valid for ninety(90)days from date of issue.
Approval
Date: -2012
Date: 2012
Signed:
CUSTOMER Signed:
("Customer") EADOC
("Service Provider")
Name:
Name: Eric Law
Title:
Title: Founder/CEO
ITEM NO. 2.3
AGENDA REPORT
Meeting Date: December 13, 2012 Budgeted: Yes
Total Budget: $2,300,000
To: Planning-Engineering- Cost Estimate: $3,817
Operations Committee
Funding Source: Water Capital
Reserves
From: Steve Conklin, Acting General Account No: 101-2700
Manager
Job No: J2009-22#21
Presented By: Steve Conklin, Acting General Dept: Engineering
Manager
Reviewed by Legal: Yes
Prepared By: Steve Conklin, Acting General CEQA Compliance: Pending
Manager
Subject: Lease Agreement for Well 21 Site
SUMMARY:
A lease agreement has been negotiated with OCWD for YLWD to construct and operate Well No.
21 on OCWD property at Warner Basin, near La Palma and Van Buren. The agreement is
scheduled to be approved by the OCWD Board on December 19, 2012. Assuming that occurs, staff
recommends approval by the YLWD Board on December 20, 2012.
STAFF RECOMMENDATION:
That the Committee recommend the Board of Directors authorize approval and execution of the
"Lease Agreement, Yorba Linda Water District, Warner Basin Complex, Well No. 21," between the
Orange County Water District and Yorba Linda Water District, for a 50-year period.
DISCUSSION:
Over the last year, District and OCWD staff have been meeting and discussing various potential
well sites along the northerly side of OCWD's Warner Basin and Conrock Basin. A site was
identified at the northeast corner of Conrock Basin that was evaluated and found to be acceptable
to both parties, as shown on the attached Location Map. Additional details regarding the well site
and appurtenant facilities are shown on the attached Exhibit A photo map.
Proposed terms and conditions for the lease agreement were negotiated between District and
OCWD staff, and were reviewed by legal counsel of the two agencies. The proposed lease
agreement was then taken to the OCWD Property Management Committee on November 30, 2012,
which recommended approval by the OCWD Board on December 19, 2012. If the lease agreement
is recommended for approval by YLWD's PEO Committee and approved by OCWD's Board on
December 19, staff will have it agendized for consideration by the YLWD Board on December 20,
2012.
A copy of the proposed lease agreement is attached for review. Key items in the agreement are
summarized as follows:
• The District will construct the well and appurtenant facilities at its expense.
• The District will periodically use an area in and around the well site during construction and
later for maintenance as necessary, which will otherwise be available to OCWD and others
when not in use by the District.
• The District will access the well site from La Palma Avenue using the existing paved driveway
entrance.
• The proposed lease will be for fifty (50) years.
• Lease compensation is $3,817 per year, adjusted annually by 3% each year.
• OCWD may terminate the lease at any time for any reason; however, if the lease is terminated
by OCWD during the first 20 years, OCWD will reimburse the District the depreciated cost of
the well site improvements, or, as an alternative to reimbursement, develop similar facilities on
other OCWD property.
STRATEGIC PLAN:
SR 3-A: Complete Implementation of Five Year Capital Improvement Plan from FY 2011-2015 with
adopted amendments
ATTACHMENTS:
Name. Description: Type:
Location Map W-21.doc Well Location Map Backup Material
Well 21 Facilities Map.pdf Well Facilities Map Backup Material
Prop YLWD Lease Agmt.docx Draft Lease Agmt Backup Material
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YORBA LINDA WATER DISTRICT
EXHIBIT "A"
WELL - 21 AERIAL VIEW
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PROJECT NO.
J-0922
SHEET 1-1
LEASE AGREEMENT
(YORBA LINDA WATER DISTRICT)
(Warner Basin Complex—Well No. 21)
This LEASE AGREEMENT ("Lease") is made and entered into as of ,
2012 by and between the ORANGE COUNTY WATER DISTRICT, a political
subdivision of the State of California organized under Chapter 924 of the Statutes of 1933, as
amended ("OCWD"), and the Yorba Linda Water District, a special governmental district
of the State of California("Lessee").
PART I
FUNDAMENTAL LEASE TERMS
1.1 Lease: For and in consideration of the payment of rentals and the performance by
Lessee of each and every term, covenant and condition of this Lease, OCWD hereby leases
to Lessee, and Lessee leases and hires from OCWD, the following real property owned by
OCWD, for the use, purpose or activity specified in Paragraph 1.1.2 and 1.1.3:
1.1.1 Leased Property: Located at 4060 E. La Palma Avenue, Anaheim,
California, and more particularly described in Exhibit "A" and depicted in Exhibit
"B," both exhibits attached hereto and incorporated herein by this reference
("Premises"). The Premises is defined as the Well Site Area, Appurtenant Premises
(1), Appurtenant Premises (2), and Construction and Maintenance Area.
1.1.2 Use of Leased Premises: For and during the term of this Lease, and any
extension or renewal of it, Lessee shall use the Premises solely and exclusively for
the following purpose(s) or activity(ies): to install, construct, reconstruct, redevelop,
inspect, maintain, operate, and improve one production water well (the "Well"),
pipeline and appurtenant facilities (collectively hereafter, "Well Site") including
egress from and ingress to the Well Site over OCWD's paved and unpaved access
road at Warner Basin ("Access Road"), as shown on Exhibit "C", attached hereto and
incorporated herein.
1.1.3 Use Limitation for Premises. As further defined, "Well Site Area" shall be
used exclusively by Lessee as the location of the Well, well enclosure, and
appurtenant piping and other facilities, on a reinforced concrete slab. The
"Construction and Maintenance Area" shall be used exclusively by Lessee during
construction of the Well and later during construction of the wellhead facilities and
appurtenant facilities connected thereto. Periodically, thereafter, Lessee may use the
Construction and Maintenance Area for maintenance and upkeep of the Well. When
not otherwise in use by Lessee, the Construction and Maintenance Area will be
available for use by OCWD, and Lessee understands and acknowledges that it will
not have the quiet enjoyment and use of the Construction and Maintenance Area at
such times. The "Appurtenant Premises (1)" and "Appurtenant Premises (2)"
(collectively, the "Appurtenant Premises") shall be used exclusively by Lessee during
time of construction of pipelines and appurtenances. After completion of
construction, OCWD shall have the right to use the surface of the Appurtenant
Premises, subject to the condition that, if and when maintenance or repair of pipelines
and appurtenances is required, Lessee may require exclusive use of all or portions of
Appurtenant Premises during the time of repair or maintenance.
1.2 Term: This Lease shall commence on December 31, 2012 ("Commencement Date")
and, subject to Part II below, shall continue to and terminate at 11:59 p.m. local time on
December 31, 2062 ("Expiration Date"), fifty (50) years after commencement. If so agreed
by both Parties, lease may be extended for a time period and at a cost as agreed to by both
Parties. This Lease is subject to early termination in accordance with Section 2.10 and
Paragraph 2.10.1 of this Lease, and the immediately following paragraph of this Paragraph
1.2. This Lease and the Lessee's rights hereunder may not be extended beyond the Expiration
Date unless such extension is set forth in writing and signed by both OCWD and the Lessee.
Notwithstanding any other provision of this Lease, OCWD or Lessee shall have the right for
any reason, at any time, with or without cause, to terminate this Lease prior to the Expiration
Date, by giving the other party a twelve (12) month written notice of termination at the
address provided herein.
Should OCWD determine that the Premises are needed by OCWD for any reason, and
terminates this Lease, by written notice delivered to Lessee at the address in Section 2.11
Paragraph 2.11.1 during the first 20 years of this Lease, OCWD shall reimburse Lessee for
the initial construction cost incurred by Lessee for the construction of the Well Site. The
reimbursement shall be on a straight line depreciation basis (the "Depreciated Cost"),
calculated over the initial 20 year term from the Commencement Date of this Lease. As an
alternative to reimbursement, OCWD may develop similar facilities on other OCWD land for
the benefit of Lessee, subject to Lessee approval of said facility development.
BY PLACING ITS INITIALS HERE, LESSEE ACKNOWLEDGE THAT THEY
HAVE READ AND UNDERSTAND THE PROVISIONS OF THIS LEASE FOR
TERMINATION WITH OR WITHOUT CAUSE AS SET FORTH IN SECTION 1.2
HEREINABOVE.
Lessee:
1.3 Lease Consideration: As partial consideration for the Lease of the Premises, Lessee
shall pay to OCWD the sum of three thousand, eight hundred seventeen dollars and no
cents ($3,817.00) per year (the "Rental Payment") subject to annual adjustment, in
accordance with Exhibit "D" of this Lease. The Rental Payment shall be due as one lump
sum on the Commencement Date of this Lease and annually thereafter on the anniversary of
the Commencement Date.
-2-
1.4 Notices and Payments: All payments, notices and other writings required to be
delivered under this Lease to either party shall be delivered in accordance with the provisions
of Part II (General Lease Provisions), to OCWD and to Lessee at the address set forth in
Section 2.11 Paragraph 2.11.1.
1.5 Attachments: This Lease incorporates by reference the following Attachments to this
Lease:
Part 1: Fundamental Lease Term
Part II: General Lease Provisions
Part III: Special Lease Provisions
Exhibit A: Legal Description Premises (4 pages)
Exhibit B: Plat of Legal Description, Construction
and Maintenance Area, and
Appurtenant Premises (1) and(2)
Exhibit C: Plat of Warner Basin Access Road
Exhibit D: Annual Rent Schedule
1.6 Integration: This Lease represents the entire understanding of OCWD and Lessee as
to the Lease and all other matters contained herein. No prior oral or written understanding
shall be of any force or effect with regard to those matters covered by this Lease. This Lease
supersedes and cancels any and all previous negotiations, arrangements, agreements or
understandings, if any, between the parties, and none shall be used to interpret this Lease.
IN WITNESS WHEREOF, the parties have executed and entered into this Lease as of the
date first set forth above.
ORANGE COUNTY WATER DISTRICT, a YORBA LINDA WATER DISTRICT, a
political subdivision of the State of California special governmental district of the state of
organized under Chapter 924 of the Statutes of 1933, California
as amended
By:
Phil Hawkins, President
By:
Claudia C. Alvarez, President By:
Steve Conklin, P.E.
By: Acting General Manager
Michael R. Markus, P. E.
General Manager APPROVED AS TO FORM:
KIDMAN LAW, LLP
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP.
By:
By: Arthur G. Kidman
General Counsel, General Counsel
Orange County Water District
-3-
Lessee Information:
Address for Notices:
Yorba Linda Water District
Attention: General Manager
1717 E. Miraloma Ave.
Placentia, CA 92870
Telephone Number: (714) 701-3102
Fax Number: (714) 701-3028
Lease Agreement Well No.21 (Nov.21,2012)
-4-
PART II
GENERAL LEASE PROVISIONS
2.1 Lease Rental Payments
2.1.1 Transmittal of Payments: Lessee shall make all Rental Payments, and pay all
other sums due under this Lease, in lawful money of the United States, by check,
payable to "ORANGE COUNTY WATER DISTRICT," and shall personally deliver
or mail all Rental Payments without any notice or demand to OCWD at the address
set forth in Paragraph 2.11.1 below. Lessee assumes all risk of loss or late payment if
any payment is made by mail.
2.1.2 No Offsets: All Rental Payments and other sums due under this Lease shall be
paid without offset or deduction, and shall be deemed payments on account. Neither
the payment by Lessee nor the acceptance by OCWD of any Rental Payment or other
sum in an amount which is less than the amount due and payable pursuant to this
Lease, nor the issuance of a monthly statement showing as due and payable an
amount less than is properly due and payable pursuant to the terms of this Lease, shall
constitute an agreement by OCWD modifying this Lease or a waiver of OCWD's
right to receive all Rental Payments and other sums provided for in this Lease. No
endorsement or statement on any check or any letter accompanying any check or
payment shall be deemed an accord or satisfaction, and OCWD shall accept all
checks and payments from Lessee without prejudice to OCWD's right to recover the
balance of the amount due or to pursue any other remedy in this Lease or otherwise
provided by law.
2.1.3 Holding Over: If Lessee remains in possession of the Premises after the
expiration of the Lease term or any authorized extension or renewal thereof with the
consent of OCWD (either express or implied) and without executing a new Lease,
then such holding over shall not be considered a renewal of this Lease, but rather
shall be construed as a tenancy from month to month, subject to all conditions,
provisions, and obligations of this Lease insofar as the same are applicable to a
month-to-month tenancy; provided, however, that Lessee shall pay as rent to OCWD,
for each month that Lessee holds over, an amount equal to two hundred percent
(200%) of the Rental Payment as set forth in Section 1.3 and adjusted in accordance
with Part III. Notwithstanding the foregoing, nothing contained in this Lease shall be
deemed consent by OCWD to occupancy or possession of the Premises by Lessee
after the expiration or termination of this Lease.
2.1.4 Pfefation: in the event tha4 Lessee's obligation to make Ren4a! Payments
tefminates on some date othef than the last day of a ealendar- menth, the last menth!s
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r-ent shall be pr-er-ated based upon a thifty (30) day menth to fefleet the actual pefied
2.2 Cha e f r Late P„ ,,. en : if any Lease Ren4a! nen othe
OCWD is not r-eeeived by OCWD within ten (10) days aftef the due da4e, Lessee shall be
deemed delin"ent in its paymefi4 and a We ehar-ge of one and one half per-eent 0
delin"ent amount, pliis the sttm of one hundred dollafs ($100.00), shall beeoffle immediate!
"e and payable to OGWD. An additional ehafge of efie and one half per-eefit (1.50%) of stleh
menth (or-portion thereof)that the defifi"en4 s inpaid. in this r-egafd:
2.2.1 Lessee and OCWD hereby acknowledge and agree that such late charges do
not represent and shall not be deemed to be an interest payment, but that such late
charges represent a fair and reasonable estimate of the costs and expenses that
OCWD will incur by reason of Lessee's late payment.
2.2.2 Acceptance by OCWD of any delinquent payment or late charge shall in no
way constitute a waiver of Lessee's default with respect to such overdue and
delinquent payment, or in any way impair, prevent or restrict OCWD from exercising
any of its rights or remedies set forth in this Lease or otherwise provided at law.
2.3 Condition and Inspection of Premises
2.3.1 Premises Leased "As-Is": Lessee acknowledges that the Premises are being
leased to Lessee on an "as-is" basis, and Lessee takes and occupies the Premises
without reliance upon any representation by OCWD, or any of its officers,
employees, agents or representatives, or any other person, concerning the Premises,
their fitness for Lessee's intended use or any other particular purpose of use, their
income producing history, potential or capabilities, their value, or any other promise,
representation or inducement not expressly set forth in this Lease.
2.3.2 No Representation or Warranty Concerning Premises: Lessee acknowledges
that neither OCWD, nor any of its officers, employees, agents or representatives, has
made any written or oral representation, promise, or warranty, expressed or implied,
concerning the Premises, their fitness for Lessee's intended use or any other purpose
or use, their income producing history, potential or capabilities, their value, or any
other matter not expressly set forth in this Lease.
2.3.3 Inspection by Lessee: Lessee acknowledges that Lessee has had the
opportunity to and has inspected the Premises prior to the execution of this Lease, and
that Lessee takes and leases the Premises in the condition in which the Premises exist
as of the date of this Lease. Lessee stipulates that the Premises are in good, clean, safe
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and leasable condition, and fit for Lessee's intended use, as of the date of this Lease
and the Commencement Date.
2.4 Use of Premises
2.4.1 Conditions of Use: For and during the term of this Lease, and any extension or
renewal thereof, Lessee's use of the Premises shall be subject to the following
conditions, covenants and restrictions:
2.4.1.1 Except as provided in this Lease, the Premises shall be used only for
the purposes specified in Paragraph 1.1.2 and 1.1.3 above, and the Premises
shall not be used for any other use or purpose whatsoever, without the prior
written consent�ofOCWD.
2.^z rr2]✓���-shall at all p tifnes dur-i g the cefm of this beast-and-any
vandals.extension or- fenewal thereof-, maintain pfoper- and adequate peheing of the
Premises in er-der- to assufe er-der-ly use ef the Premises and to pr-event
and all impfevemen4s of any kind ther-ein in a state of good repair-.
2.4.1.4 Lessee shall not cause, permit or suffer any "hazardous material,"
"hazardous waste" or "hazardous chemicals" as those terms are used in
CERCLA (42 U.S.C. § 9601(14)) or SARA (42 U.S.C. § 110211(e)) or any
similar Federal, State, or local law, statute, ordinance, regulation or order, or
otherwise determined by OCWD, to be brought upon, left, used or abandoned
on the Premises.
2.4.1.5 Lessee shall not maintain, eemmit er- pefmit the maifftenanee e
. iian of any waste or- any i+aisaaee (as defined in Califefaia Civil Code
seetion 3479) on the Premises, and Lessee shall not ose or- pest-the use of
the Premises for-any unlawful pur-pose.
2.4.1.6 OCWD or its authorized representative shall have the right at all
reasonable times to enter upon the Premises and inspect the general condition
of the Premises to determine if Lessee is complying with the terms,
conditions, requirements and provisions of this Lease.
2.4.2 U44ities and Sefviees.: Lessee shall be solely r-espensible for-obtaining all
wa4ef and pewef, supplied to the Pr-efnises. All t4ilities shall be in the name of Lessee-,
unless OOWD eleets other-wise. All utility installations shall be subjeet t
f Seetion 2.7 below.
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2.4.3 Permits and Approvals: Lessee shall obtain any and all governmental permits,
approvals, licenses or other authorizations which may be required in connection with
the use of the Premises as set forth in this Lease. No approval or consent given under
this Lease by OCWD shall affect or limit Lessee's obligations hereunder, nor shall
any approvals or consents given by OCWD, in its capacity as a party to this Lease, be
deemed to be approval as to compliance or conformance with any applicable
governmental codes, laws, orders, rules or regulations.
2.5 instir-anee.: Witheiit limiting Lessee's indemnifieation obligations, Lessee shall no
take possession efi, enter- or- eee"y the -Premises tmfil Lessee has obtained all of the
shall main4ain all sueh insur-anee in full for-ee and effeet a4 all times during the tefm of this
Lease and n or-r-enewal thereof-. insur-anee shall be plaeed with insur-er-s having
euFfent A.M. Best rating of no less than A X11 or- equivalent or- as otherwise approved b
OGWD.
2.5.1 Lessee shall take out and maintain the following insurance:
2.5.1.1 Workers' Compensation and Employer's Liability Insurance: Lessee
shall cover or insure under the applicable laws relating to workers'
compensation insurance all of its employees working on or about the
Premises, in accordance with the "Workers' Compensation and Insurance
Act," Division IV of the Labor Code of the State of California and any Acts
amendatory thereof. Lessee shall provide worker's compensation insurance
and employer's liability insurance with limits not less than one million dollars
($1,000,000) each occurrence, one million dollars ($1,000,000) disease policy
limit, and one million dollars ($1,000,000) disease each employee. Such
policy of workers compensation insurance shall contain the following separate
endorsements:
(a) "Insurer waives all rights of subrogation against the Orange
County Water District, its officers, directors, employees, representatives and
volunteers."
(b) "This insurance policy shall not be suspended, voided, reduced
in coverage or in limits, cancelled, limited, non-renewed or materially
changed for any reason by the insurer until thirty(30) days after receipt by the
Orange County Water District of a written notice of such cancellation,
limitation or reduction of coverage."
2.5.1.2 Commercial General Liability Insurance providing coverage in the
following minimum limits:
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(a) Combined single limit of five million dollars ($5,000,000) per
occurrence for Bodily Injury, Personal Injury or Death and Property.
(b) Damage Coverage shall be at least as broad as Insurance
Services Office (ISO) Commercial General Liability coverage (occurrence
Form CG 0001).
(c) If Commercial General Insurance or other form with a general
aggregate limit is used, either the general aggregate limit shall apply
separately to the project/location (with the ISO CG 2503 or ISO CG 2504, or
insurer's equivalent endorsement provided to OCWD), or the general
aggregate limit shall be twice the required occurrence limit.
2.5.1.3 Comprehensive Automobile Liability Insurance, including owned,
non-owned, leased, hired, and borrowed automobiles and similar vehicles,
providing the following minimum limits:
(a) Combined single limit of one million dollars ($1,000,000) per
occurrence for Bodily Injury or Death and Property Damage.
(b) Coverage shall be at least as broad as Insurance Services Office
(ISO) Business and Auto Coverage (Form CA 0001) covering any auto.
2.5.2 Endorsements: The policies of liability insurance provided for in
Subparagraphs 2.5.1.2 and 2.5.1.3 shall specify that this specific Lease is insured and
that coverage for injury to participants resulting from Lessee's activities is not
excluded, and shall be in a form satisfactory to OCWD and contain the following
separate endorsements:
(a) "The Orange County Water District, its officers, directors,
employees, representatives and volunteers, are declared to be additional
insureds on all of the above policies with respects to the operations and
activities of the named insured at or from the premises of the Orange County
Water District. The coverage shall contain no special limitations on the scope
of protection afforded to the Orange County Water District, its officers,
directors, employees, representatives and volunteers."
(b) "This insurance policy shall not be suspended, voided, reduced
in coverage or in limits, canceled, limited, non-renewed, or materially
changed for any reason until thirty (30) days after receipt by the Orange
County Water District of a written notice of such cancellation, limitation or
reduction of coverage."
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(c) "This insurance policy is primary insurance and no insurance
held or owned by the designated additional insureds shall be called upon or
looked to cover a loss under said policy; the Orange County Water District
shall not be liable for the payment of premiums or assessments on this
policy."
(d) "Any failure to comply with reporting or other provisions of
the policies including breaches of warranties shall not affect coverage
provided to the Orange County Water District, its officers, directors,
employees, representatives, or volunteers."
(e) "This insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability."
2.5.3 Evidence of Coverage: Lessee shall at the time of the execution of the Lease
present to OCWD the original policies of insurance required by this Section 2.5 or a
certificate of the insurance, with separate endorsements (Insurance Services Office
Form CG 2026, or equivalent), showing the issuance of such insurance and the
additional insured and other provisions and endorsements required herein and copies
of all endorsements signed by the insurer's representative. All policies shall contain
the Lessee's name and location of the Premises on the certificate. At least thirty (30)
days prior to the expiration of any such policy, a signed complete certificate of
insurance, with all endorsements provided herein, showing that such insurance
coverage has been renewed or extended, shall be filed with OCWD. Lessee's
insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
2.5.4 Review of Coverage: OCWD shall have the right at any time to review the
coverage, form, and limits of insurance required under this Lease. If, in the sole and
absolute discretion of OCWD, the insurance provisions in this Lease do not provide
adequate protection for OCWD, OCWD shall have the right to require Lessee to
obtain insurance sufficient in coverage, form, and limits to provide adequate
protection and Lessee shall promptly comply with any such requirement. OCWD's
requirements shall not be unreasonable, but shall be adequate in the sole opinion of
OCWD to protect against the kind and extent of risks which may exist at the time a
change of insurance is required, or thereafter.
2.5.5 Deductibles: Any and all deductibles must be declared and approved by
OCWD prior to execution of this Lease.
2.5.6 Lease Contingent Upon Coverage: Notwithstanding any other provision of
this Lease, this Lease shall be null and void at all times when the above-referenced
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original policies of insurance or Certificate of Insurance or Renewal Certificates or
Endorsements are not on file with OCWD.
2.6 Indemnification
2.6.1 OCWD not Liable: OCWD shall not be liable at any time for any loss,
damage or injury whatsoever to the person or property of any person or entity
whatsoever, including but not limited to any employee, agent or contractor of Lessee,
resulting from or arising out of any act or omission of Lessee or of any person or
entity holding under Lessee, or the occupancy or use of the Premises or any part
thereof by or under Lessee, or any act or omission in the exercise of any right or the
performance of any obligation under this Lease, or directly or indirectly from any
state or condition of the Premises, or any part thereof.
2.6.2 Indemnification: Irrespective of any insurance carried by Lessee for the
benefit of OCWD, and notwithstanding any other provision of this Lease to the
contrary, Lessee shall indemnify and hold OCWD, its officers, directors, employees,
representatives and volunteers harmless from and against any and all actions, claims,
demands,judgments, attorneys' fees, costs, damages to persons or property, penalties,
obligations, expenses or liabilities of any kind that may be asserted or claimed by any
person or entity (including, but not limited to, any employee, agent, contractor,
customer, or invitee of Lessee) in any way arising out of or in connection with this
Lease, the operations carried on by Lessee on the Premises or any lands to which
Lessee has access hereunder, or the occupation or use of the Premises by Lessee or
any person or entity holding under Lessee (collectively, "Claims"), whether or not
there is concurrent active or passive negligence on the part of OCWD, and/or acts for
which the OCWD would be held strictly liable, but excluding Claims caused by the
sole active negligence and willful misconduct of OCWD. In connection therewith:
2.6.2.1 Lessee shall defend and hold OCWD, its officers, employees, agents,
representatives and volunteers, harmless from any and all Claims, whether
caused in whole or in part by OCWD's active or passive negligence, and/or
acts for which OCWD would be held strictly liable, but excluding any Claim
that results from the sole active negligence or willful misconduct of OCWD,
its officers, employees, agents, or representatives; and Lessee shall pay all
expenses and costs, including attorneys' fees, incurred in connection
therewith.
2.6.2.2 Lessee shall promptly pay any judgment rendered against Lessee or
OCWD covering any Claim, and hold and save OCWD harmless therefrom,
whether such Claim was caused in whole or in part by OCWD's active or
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passive negligence, and/or acts for which OCWD would be held strictly liable,
but excluding the sole active negligence and willful misconduct of OCWD.
2.6.2.3 In the event OCWD is made a party to any action or proceeding filed
or prosecuted for or arising out of or in connection with any Claim, Lessee
shall pay to OCWD any and all costs and expenses incurred by OCWD in any
such action or proceeding, together with reasonable attorneys' fees.
2.6.2.4 All of the indemnity obligations of Lessee under this Paragraph
2.6.2, or as otherwise set forth in this Lease, shall survive the expiration or
earlier termination of this Lease.
2.7 Improvements
2.7.1 Prior Consent for Improvements: Lessee shall not make any alteration of or
improvement to the Premises without the prior written approval of OCWD'S General
Manager or designee.
2.7.1.1 In the event that Lessee desires to make any alteration, improvement,
addition or utility installation in or about the Premises, Lessee shall present
such request in writing to OCWD, together with detailed plans of the
proposed alteration or improvement; and Lessee shall not commence such
alteration or improvement unless and until OCWD'S General Manager or
designee has granted approval thereto in writing.
2.7.1.2 In the event that OCWD'S General Manager or designee grants
written approval to any requested alteration of or improvement to the
Premises, such approval shall be deemed conditioned upon Lessee acquiring
all governmental licenses, approvals and permits required therefore, and such
alteration or improvement shall be constructed in strict conformance with the
plans approved therefore by OCWD'S General Manager or designee. Once
approved by OCWD'S General Manager or designee, no changes or
alterations shall be made to the plans without the prior written approval by
OCWD'S General Manager or designee.
2.7.1.3 hq the event that nrWD'S General-Manag designee gram
written—approval te--anyTeqested alteration of improvement to the-
2..7-.2 Ova %er—shijq of Tm,.f.,yements. All buildings, improvements, ixtur-es
> pei4able biiildings, ,
eensti-deted or- plaeed within the Premises by Lessee, ineluding W4 not limited
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eleetr4eal and other- utilities, listed or- not, shall, tipon the eompletion of eonstfuetion-,
installation or-plaeement within the Premises, be fFee and elear-of all liens, elaims ana
liability for- pa)4nent for- labor- and fnater-ial. Stieh > > fiXttffeS
Lease,shall beeofne and remain the pr-epei4y of OCWD a4 the expifa4ien of this Lease
buildings,OCWD r-etains the right, in its sole and absoltAe disefetion, and by wfit4en nefiee to
Lessee, to r-equir-e (or-, if rv"ested by Lessee, to allow) Lessee, a4 Lessee's sole eost
>
Lessee, stieh r-emoval by Lessee sha4l inelude leveling the Premises, restoring an
(900%) eempaefien.
2.7.3 "As-Built" Plans and Construction Costs: As a condition to the approval of
any alteration of or improvement to the Premises, OCWD shall have the right to
require Lessee to prepare and furnish to OCWD, at Lessee's sole cost and expense,
and within sixty (60) days following completion of such alteration or improvement, a
complete set of reproducible "As-Built" plans for such alteration or improvement,
and/or an itemized statement of the actual cost of the construction or installation of
such alteration or improvement.
2.7.4 Compliance with Building Codes: Lessee shall comply with all Building
Codes in effect at the time of construction or installation of an improvement of any
kind on the Premises. The applicable Building Codes shall be those codes as adopted
by the local permitting jurisdiction (i.e., city or county) in which the Premises is
located. In the event that Lessee fails to conform to the Building Codes, OCWD may
require immediate compliance. If Lessee fails to comply, OCWD, at its option, may
make such changes to bring the improvement into compliance with the Building
Codes and charge Lessee the cost of such changes plus ten percent (10%) to cover
administrative costs. Lessee shall have ten (10) days from receipt of the invoice to
reimburse OCWD for the cost of making such changes.
2.7.5 Lessee's Assurance of Construction Completion: Prior to commencement of
construction of approved facilities, or any phase thereof, within the Premises by
Lessee, Lessee shall furnish to OCWD evidence that assures OCWD that sufficient
monies will be available to Lessee to complete the proposed construction in
accordance with the plans approved by OCWD. The amount of money available shall
be at least the total estimated construction cost. Such evidence may take one of the
following forms:
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(a) Completion bond issued to OCWD as oblige, and issued by a
surety acceptable to OCWD.
(b) Performance bond and labor and material bond (or
performance bond containing the provisions of the labor and material bond),
issued by a surety acceptable to OCWD and supplied by Lessee's contractor or
contractors, provided said bond(s) are issued jointly to Lessee and OCWD as
obligees.
(c) Irrevocable letter of credit issued to OCWD from a financial
institution acceptable to OCWD to remain in effect until OCWD
acknowledges, in writing, satisfactory completion of construction.
(d) Cash.
(e) Any combination of the above.
2.7.6 Mechanics Liens or Stop-Notices: Lessee shall at all times indemnify and save
OCWD harmless from all claims, losses, demands, damages, costs, expenses, or
liability costs for labor or materials in connection with construction, repair, alteration,
or installation of structures, improvements, equipment, or facilities within the
Premises, and from the cost of defending against such claims, including attorneys'
fees and costs.
In the event a lien or stop-notice is imposed upon the Premises as a result of such
construction, repair, alteration, or installation, Lessee shall either:
(a) Record a valid Release of Lien, or
(b) Procure and record a bond in accordance with Section 3143 of
the Civil Code, which frees the Premises from the claim of the
lien or stop-notice and from any action brought to foreclose the
lien.
Should Lessee fail to accomplish either of the two optional actions above within
fifteen (15) days after the filing of such a lien or stop-notice, this Lease shall be in
default and shall be subject to immediate termination.
2.8 Maintenance and Repair of Premises
2.8.1 Lessee's Obliea4ion to Maintain Premises-. Lessee shall a4 all times dttFiag the
tefm of this Lease, and any extension or-renewals thereof-, at its sole eost and expeasei
remove all tr-ash and debris fFem the Premises. Lessee sha4l also keep and maintain ifl
good eondition and in stibstantial repair- (all to the satisfaetion of OGWD in its sole
diser-etion), the Premises and all apptfAenanees and every pai4 thereof-, ifieludifig
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iiiiprvPei its of any kind ereeted, installed or- made on orwithin the Premises.
Lessee shall a4 all times in the maintenanee and use of the Pr-efnises and the biiildings-,
> f4eilities, > eomply with all laws-,
safe, elean,
wholesome, > to the sa isfaetion of
fails,OCWD a-ad in eomplianee with all appheable laws.
2.9.2 Lessee's Default of its Maintenanee DtAies: in the event that Lessee
negleets of r-efuses to femove tfash or-debris deposited by Lessee of its invitees oil th
Pfemises or- to maifAain of make fepaifs or- feplaeements as feqtfifed by this Lease,
OCWD shall notify Lessee in w-fiting of stteh failtife or-fef�sal. ShoWd Lessee fail o
refuse to eofFeet sueh default within ten (10) days of r-eeeipt of stteh written floti
ftom OGWD, OCWD May, but shall of be req; ir-ed—te, itself or- by eenfa
pr-oetifemeat of instffanee, plus an administfa4ive fee in the ametmt of fifteen per-eefA
(150%) of the sum of s�ueh eests, shall be paid by Lessee to OCWD within ten (10)
maintenanee, repair- or-r-eplaeefnent by or- on behalf of OCWD shall not be deemed
be a waiver- of Lessee's default under- this Lease, and shall not in any
prevent estr- et OCWD f e of its rights r-emedies sot f4th tin
this Lease other-wise provided „4 law.
2.9 Legal Relations and Responsibilities
2.9.1 Nature of Relationship: OCWD and Lessee understand and agree that the only
relationship between them created by this Lease is that of landlord and tenant, and
that this Lease does not create, and shall not be construed to create, any agency,
partnership,joint venture, or other relationship between OCWD and Lessee.
2.9.2 Compliance with Laws: Lessee shall keep itself fully informed of all existing
and future state and federal laws and all county and city ordinances and regulations
which in any manner affect the activities of Lessee under this Lease, or the possession
or use of the Premises by Lessee, and of all such orders and decrees of bodies or
tribunals having any jurisdiction or authority over the same. Lessee shall at all times
observe and comply with all such existing and future laws, ordinances, regulations,
orders and decrees, and shall protect and indemnify, as required herein, OCWD, its
officers, directors, employees and agents against any claim or liability arising from or
based on the violation of any such law, ordinance, regulation, order or decree,
whether by Lessee or any person or entity holding under Lessee.
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2.9.3 AssiepmefA and Rublease.: Lessee may not assign, eefwey, hypetheeate,
enetimber-, mei4gage, or- other-wise transfer-this bease or-any pat4 thereof-, or-sublease
or-all of the Pr-efnises, without the prior-written eonsent of OCWD, whie
OCWD may withhold in its abselute diser-efion for-any feason, or-fef no reason a4 •
Any stieh assignment or-siiblease by Lessee, whether-veltffitar-ily of by operation o
law,withetA the pr4of vffit4en eonsent of OCWD shall be veid a-ad shall, at the eptieft
of OCWD, tei:fninate this Lease"on wf:i#ea notiee to Lessee. A e I I , OGWD
to one assignment or-one sublease shall not be deemed a eonsent to any s4sequent.
pat:tner-ship, the assignment, transfer-, eofweyanee or-eneumbr-anee of any stoek of
interest in Lessee in the aggregate eiceeeding twenty five per-eent (25%) shall be
2.9.4 Acknowledgment of OCWD's Title: Lessee hereby acknowledges the title of
OCWD in and to the Premises, including the real property fixtures and improvements
existing or erected thereon, and Lessee hereby covenants and promises never to
assail, contest or resist OCWD's title to the Premises.
2.9.5 Liens: Lessee shall maintain the Premises free from and clear of any claims,
obligations, liabilities, liens, encumbrances and charges, including but not limited to
any claims, liens or charges arising out of or in connection with the furnishing of
materials or the performance of labor on the Premises. Lessee further shall protect
and indemnify OCWD and the Premises from and hold them, and each of them,
harmless against any and all such claims, obligations, liabilities, liens, encumbrances
and charges.
2.9.6 Possessory Interest Taxation: A possessory interest subject to property
taxation may be created by this Lease. It is understood and agreed that if such a
possessory interest is created, Lessee shall be responsible for the payment of all
property taxes levied on such interest, and that OCWD shall have no responsibility
therefore.
7
.r.�--v nCWD s�n tces
a€pe,�
2.9.7.1 OGWD hereby r-esen,es the right to gfant easemei#s and rights of
way for- pole or- tee° tfan'.mzismon-or eleetr4eity, and easements,
leases and rights of way for- telephone, telegraph, telecemm-unieatten
faeilifies, gas, water-, sewer-and oil lines, f r-eads and highways, and for-ether
the Premises. in the evei4 Lessee detefmines tha4 the granting or- exer-eise e
any stieh easement, lease, E)r-r4gh4 of way signifieantly interferes with Lessee's
on or- use of the Wemises, Lessee's enly femedy shall be to tefminate
-16-
this Lease "en thirty (30) days written notiee to 0GAID. Lessee shall not
inter-fer-e with a-ny easements or rights of ag to or- affeeting the
D,
�T
sale,2.9.7.2 OGWD hereby r-esef�ves the -right to sell, transfer- et: olhefwise
dispose of any per-tion of the Premises at any time. in the event of stieh
disposition,tf:ansfef: of: pfavision of this Lease,
shall,this Lease title, teffflitiate
sold,as to the pat4iofis of the Pr-efflises disposed > aiid Lessee
WL ieh . ults f atn this Lease.
2.9.7.3 OCWD reserves the right unto itself to perform any and all work
involved in protecting, replenishing and/or conserving the basin groundwater
supply and any other work necessary to the functions or purposes of OCWD,
as set forth in the Orange County Water District Act, Chapter 924 of the
California Statutes of 1933, as amended, upon any portion or all of the
Premises at any time. Such work may be performed without incurring any
liability of any nature whatsoever to Lessee and Lessee hereby releases
OCWD from, and covenants not to sue OCWD for, any such liability. OCWD
further reserves unto itself the rights of ingress and egress over all or any
portion of the Premises.
agents,feniaifis whieh is suseeptible of eeetipatieii tfflder-this Lease, this Lease shall, as to the
paA of paAs so taken, teffflina4e as of the da4e title of possession shall vest in th-e
eendemnor-. in the event all of the Pr 3h paFt thereof so that there does not
sttseeptible of aee"atien wider- this Lease, are taken or- aequir-ed,
this Lease shall there iate. Lesser shall be entitled to any and all
eempensation awarded upon stieh eendemna4ion, and Lessee hereby diselaims any
2.9.9 Waiver of Claims. As a material paA of the eensider-ation to OGWD under t
Lease, Lessee hereby and all elaims that it may have against OG
Lessee, its eniplayees, >
2.9.10 Surrender of Possession: At the expiration or termination of this Lease, for
any reason whatsoever:
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2.9.10.1 Lessee shall execute, acknowledge and deliver to OCWD a quitclaim
deed conveying to OCWD all rights, title and interest of Lessee to the
Premises, both land and improvements.
2.9.10.2 Lessee shall promptly quit and surrender the Premises in a good state
of repair.
2.9.10.3 Lessee shall, at its sole cost and expense, remove all portable
buildings, equipment and personal property placed on the Premises by Lessee,
and clear the Premises of all debris; and the Premises shall be surrendered to
OCWD in good order and clean condition.
2.9.11 Disposition of Abandoned Property: If Lessee abandons or quits the
Premises or is dispossessed thereof by process of law or otherwise, title to any
personal property left on the Premises for thirty (30) or more days after the notice to
remove shall at OCWD's opinion, be deemed to have been abandoned and transferred
to OCWD. OCWD shall have the right to remove and dispose of any and all such
property without liability therefore to Lessee or to any person or entity claiming
under Lessee, and OCWD shall have no duty to account for such property. Lessee
agrees to reimburse OCWD for any and all costs associated with OCWD transferring
or disposing of Lessee's personal property pursuant to this Paragraph.
2 Broker's r,,,,..m issien:Lessee and nGWD represent that they have n
engaged, nor- afe they awafe of-, any per-sen entitled to any brokerage eoffimission-,
finder-'s zee or—like o in eonneetieu with this Lease. Lessee shall
indemnify and hold OGWD hat:m1ess fFem ind again elairr asseAed o
adjudged against OCWD for- any broker- — . ision, finder's fee or-
> ; and Lessee sh
reasonable-&I eme-ys'' fiees-.
2.9.13 Disputes: In the event that any action is commenced by a party to this Lease
against the other to enforce its rights or obligations arising from this Lease or seeking
to interpret this Lease, the prevailing party in such action, in addition to any other
relief and recovery ordered by the court, shall be entitled to recover all statutory costs,
plus reasonable attorneys' fees. Should OCWD be named in any suit brought by any
third party against Lessee in connection with or in any way arising out of Lessee's
occupancy or use of the Premises under this Lease, Lessee shall pay to OCWD its
costs and expenses incurred in such suit, including reasonable attorneys' fees.
2.9.14 Se 'bt��es: Lessee aeknowledges that the Pr-efnises are !eased to an
aeeepted by Lessee in a-a "as is" een&ien, and tha4 the r-en4 payable from Lessee te
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r-epr-esen4a4ion or-waffa-PAy, express or-implied, regarding the seetir-ity of the Pr-efnises
Lessee, its agents,
employees, invitees and pr-opei4y within the Pr-efnises ffofn any and all aets of any
third
2.9.15 No Obligation to Third Parties: Execution and issuance of this Lease shall
not be deemed to confer any rights upon, directly, indirectly or by way of
subrogation, nor obligate either of the parties hereto to, any person or entity other
than OCWD and Lessee.
2.9.16 Waiver: Any waiver by any party of a breach of any provision of this Lease
shall not be deemed a continuing waiver or a waiver of any subsequent breach
whether of the same or of another provision hereof.
7 n 1^7 (lf'NVD's Liability on Tefmingi6n:Lessehereby waives es •,t�uges yr
Lease (either-with or-without eause), or-taking possession of the Premises as provided—
in this Lease or- at law, and Lessee waives all elaims for- damages to or- less of sueh
pr-epeAy of Lessee as may be in or- upen the Pr-emises Won the tefminatieft of this
2.9.18 Prior Leases: It is mutually agreed that, on and from the Commencement
Date, this Lease shall terminate and supersede any prior leases or agreements between
the parties hereto covering all or any portion of the Premises.
2.10 Default and Termination
2.10.1 Tenin and Prior-TeFmingien: This Lease shall eentinue for-the tefm set feft
in Seetion 1.2 above,unless this Lease is tefminmed prior-to its expiration pur-stiant to
this ceeti,r 10 Paft H-1
2.10.2 Default by Lessee: Each and every covenant and agreement contained in this
Lease is declared to be a condition to this Lease, and to the term hereby demised to
Lessee. Lessee shall be considered to have materially breached this Lease, giving
Lessor the remedies specified in Paragraph 2.10.3 below, in the event that any one or
more of the following occur:
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(a) Lessee fails or-Tefitses to pay to OCWD any poftion of the Rental
�qr- five (5) days after-written notiee to pay rent or- stffender-possession of the
Pfemises is sefved an Lessee by Lesser-; e
(b) Lessee defaults in the performance of or breaches any covenant,
condition or provision contained in this Lease other than as set forth in
Paragraph 2.10.2(a) hereinabove, and such default or breach is not cured
within thirty (30) days after written notice thereof is served by OCWD on
Lessee; or
(e) Lessee abandens or-vaeates the We
(d) Lessee becomes insolvent; for purposes of this Lease, Lessee shall be
conclusively presumed to have become insolvent if-
(i) A receiver is appointed to take possession of all or substantially
all of Lessee's property because of insolvency; or
(ii) Lessee makes a general assignment for the benefit of creditors;
or
(iii) Lessee ' ws any judgment t Lee to r-ems
period unsatisfied or-un bonded for-a
(iv) An attachment or execution is levied upon or against any or all
of Lessee's right, title or interest in or under this Lease, and the same
shall not have been released within thirty (30) days from the date
thereof; or
(v) Proceedings in receivership or bankruptcy have been or are
about to be instituted against Lessee; or
(vi) Lessee is adjudicated a bankrupt.
2.10.3 Remedies on Lessee's Default: Should Lessee breach this Lease, or should
Lessee breach this Lease and abandon the Premises prior to the natural expiration of
the term of this Lease, OCWD may, in addition to any other remedy given OCWD by
law or in equity:
(a) Continue this Lease in effect by not terminating Lessee's right to
possession of the Premises, in which event OCWD shall be entitled to enforce
all of OCWD's rights and remedies under this Lease, including the right to
recover the rent specified in Section 1.3 above, as such rent becomes due
under this Lease; or
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(b) Terminate this Lease and Lessee's right to possession of the Premises,
and recover from Lessee:
(i) The worth at the time of award of the unpaid rent which had
been earned at the time of termination of the Lease; and
(ii) The worth at the time of award of the amount by which the
unpaid rent which would have been earned after termination of the
Lease until the time of award exceeds the amount of rental loss that
Lessee proves could have been reasonably avoided; and
(iii) The worth at the time of award of the amount by which the
unpaid rent for the balance of the term after the time of award exceeds
the amount of rental loss that Lessee proves could be reasonably
avoided; and
(iv) Any other amount necessary to compensate Lessor for all
detriment proximately caused by Lessee's failure to perform its
obligations under the Lease; or
(c) Terminate this Lease and Lessee's right to possession of the Premises,
and in addition to any recoveries that Lessee may seek under Paragraph
2.10.3(b) hereinabove, bring an action to reenter and regain possession of the
Premises in the manner provided by the laws of unlawful detainer of the State
of California then in effect; or
(d) in the event Lessee beeemes iaselven4, OCWD may, by giving twenty
(20) days nefiee te Lessee or- to the per-son appoin4ed te manage Lessee's
eouft that appoiffted stieh per-son, tefmifia4e this lease and forfeit Lessee's
interes. �t�- Premi d y- v€ enis-- c l * of
apptiAeaant to the Premises.
2.10.4 Waiver of Breach: The waiver by OCWD of any breach of any term,
covenant, or condition of this Lease shall be in writing signed by OCWD, and shall
not be deemed to be a continuing waiver of such term, covenant or condition, or a
waiver of any subsequent breach of the same or any other term, covenant or condition
contained in this Lease. The acceptance of rent by OCWD under this Lease shall not
be deemed to be a waiver of any preceding breach by Lessee of any term, covenant,
or condition of this Lease, other than the failure of Lessee to pay the particular rent so
accepted by OCWD, regardless of OCWD's knowledge of such preceding breach at
the time of acceptance of such rent.
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2.10.5 Cumulative Remedies: The remedies given to OCWD in Paragraphs 2.10.2
and 2.10.3 above shall not be exclusive,but shall be cumulative and in addition to any
and all other remedies now or hereafter allowed by law or otherwise authorized
elsewhere by this Lease; and the exercise of one or more of said rights, powers,
elections or remedies shall not impair OCWD's right to exercise any other right,
power, election or remedy.
2.10.6 Re-Entrv: No entry or re-entry into the Premises by OCWD shall be
construed as an election to terminate this Lease, unless prior thereto or concurrently
therewith written notice of intent to terminate is given by OCWD to Lessee. OCWD's
entry into possession of the Premises without having elected to terminate shall not
prevent OCWD from making such an election and giving Lessee notice thereof.
2.11 Miscellaneous
2.11.1 Notices: Any notice, payment or instrument required or permitted to be
given or delivered by this Lease may be given or delivered by personal delivery or by
depositing the same in any United States mail depository, first class postage prepaid,
and addressed as follows:
If to OCWD:
If by mail: ORANGE COUNTY WATER DISTRICT
P.O. Box 8300
Fountain Valley, CA 92728-8300
Attn: Property Management
If by personal delivery: ORANGE COUNTY WATER DISTRICT
18700 Ward Street
Fountain Valley, CA 92708
Attn: Property Management
If to Lessee: Yorba Linda Water District
Attention: General Manager
1717 E. Miraloma Ave.
Placentia, CA 92870
or such other person or address as either party may direct in writing to the other;
provided, however, that such new or different person or address shall not become
effective until acknowledged in writing by the party to who directed. Except where
service is by personal delivery or by registered or certified mail, return receipt
requested, service of any instrument or writing shall be deemed completed forty-eight
(48) hours after deposit in a United States mail depository.
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2.11.2 Warranty of AuthoritX: Each officer of OCWD and Lessee affixing his or
her signature to this Lease warrants and represents by such signature that he or she
has the full legal authority to bind his or her respective party to all of the terms,
conditions and provisions of this Lease, that his or her respective party has the full
legal right, power, capacity and authority to enter into this Lease and perform all of
its provisions and obligations, and that no other approvals or consents are necessary
in connection therewith.
2.11.3 Headings: The titles and headings of Parts, Sections and Paragraphs of this
Lease, as herein set forth, have been inserted for the sake of convenience only, and
are not to be taken, deemed or construed to be any part of the terms, covenants or
conditions of this Lease, or to control, limit or modify any of the terms, covenants or
conditions hereof.
2.11.4 Time of Essence: Time is of the essence of this Lease. Failure to comply
with any requirement, including but not limited to any time requirement, of this Lease
shall constitute a material breach of this Lease.
2.11.5 Construction and Amendment: This Lease shall be construed, interpreted,
governed and enforced in all respects according to the laws of the State of California
and as if drafted by both OCWD and Lessee. No amendment, change or modification
of this document shall be valid unless in writing, stating that it amends, changes or
modifies this Lease, and signed by all of the parties hereto.
2.11.6 Successors: Subject to the provisions of Paragraph 2.9.3 above, this Lease,
and all of the terms, conditions and provisions herein, shall inure to the benefit of, and
be binding upon, OCWD, Lessee, and their respective successors and assigns.
2.11.7 Partial Invalidity: If any term, covenant, condition or provision of this Lease
is held by a court of competent jurisdiction to be invalid, void, illegal, or
unenforceable, the remainder of the provisions hereof shall remain in full force and
effect and shall in no way affect, impair, or invalidate any other term, covenant,
condition or provision contained in this Lease.
2.11.8 Further Assurances: Each of the parties hereto shall execute and deliver any
and all additional papers, documents and other assurances and shall do any and all
acts and things reasonably necessary in connection with the performance of their
obligations hereunder and to carry out the intent of the parties hereto.
2.11.9 Pr-eeedenee.: M the event of a-By eenfliet between Pat4s of this Lease, Pai4 I
shall prevail ever-PaAs 11, M and!V, Paft A' shall prevail ever-PaFt 11 and ill, and
Pai4 ill shall prevail evef Pai4 H.
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PART III
SPECIAL LEASE PROVISIONS
3.1 Paragraph 2.1.4 (Proration) is hereby revised as follows.
Section 2.2 and Paragraphs 2.2.1 and 2.2.2 are deleted from this Lease.
2.1.4 Proration: In the event that Lessee's obligation to make Rental Payments
terminates on some date other than the last day of a calendar month, the last month's
rent shall be prorated based upon a three hundred and sixty (360) day year to reflect
the actual period of tenancy during that calendar year.
3.2 Section 2.2. (Charges for Late Payment) of this Lease is replaced with the following:
2.2 Charges for Late Payments: If any Lease Rental Payment or any other sum
due OCWD is not received by OCWD within thirty (30) days after the due date,
Lessee shall be deemed delinquent in its payment and a late charge of one and one-
half percent (1.5%) of the delinquent amount, plus the sum of one hundred dollars
($100.00), shall become immediately due and payable to OCWD. An additional
charge of one and one-half percent(1.5%) of such delinquent payment (excluding late
charges) shall be added for each additional calendar month (or portion thereof) that
the delinquent sum remains unpaid. In this regard:
3.3 Paragraphs 2.4.1.2, 2.4.1.3, 2.4.1.5, and 2.4.2 of this Lease are replaced with the
following:
2.4.1.2 Lessee shall at all times during the term of this Lease and any extension or
renewal thereof, maintain proper and adequate policing of the Well Site Area and
during construction or maintenance activities maintain the Appurtenant Premises and
Construction and Maintenance Area in order to assure orderly use of the Well Site
Area, Appurtenant Premises and Construction and Maintenance Area and to prevent
intrusion from trespassers, playing children and vandals.
2.4.1.3 Lessee shall, to the satisfaction of OCWD, maintain the Well Site Area and
all improvements of any kind therein in a state of good repair, except the Lessee shall
not be obligated to repair damage or other degradation caused by OCWD or other
lessees/invitees of the Premises. During construction or maintenance activities,
Lessee shall not damage the Appurtenant Premises and Construction and
Maintenance Area and all improvements of any kind therein. If Lessee damages or
causes such damage, Lessee shall promptly repair the property or improvement to
OCWD's satisfaction.
2.4.1.5 Lessee shall not maintain, commit or permit the maintenance or commission
of any waste or any nuisance (as defined in California Civil Code section 3479)
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within the Well Site Area at any time. Lessee shall not maintain, commit or permit
the maintenance or commission of any waste or any nuisance within the Appurtenant
Premises or the Construction and Maintenance Area at any time during Lessee's
construction and maintenance activities within the Appurtenant Premises and
Construction and Maintenance Area. Lessee shall not use or permit the use of any
portion the Premises for any unlawful purpose.
2.4.2 Utilities and Services: Lessee shall be solely responsible for obtaining all of
its utility service and for the payment of all of its utility charges, including but not
limited to water and power, supplied to the Premises. All utilities shall be in the name
of Lessee, unless OCWD elects otherwise. All utility installations shall be subject to
the provisions of Section 2.7 below.
3.4 The following provisions are added to Paragraph 2.4.1 (Conditions of Use) of this
Lease:
2.4.1.7 Lessee shall erect and maintain an enclosure around the Well Site Area in a
design satisfactory to OCWD'S General Manager or his designee. Prior to
construction or installation of such enclosure, the plans and specifications for said
enclosure must be submitted to and expressly approved by OCWD'S General
Manager or his designee.
2.4.1.8 Should any damage or injury to OCWD or Corona Recreation, Inc.'s
facilities occur, either through the acts of agents, servants or employees of Lessee or
by any independent contractor of Lessee in the exercise of the rights granted in this
Lease, Lessee agrees to immediately, upon the written demand of OCWD, restore
such facilities, at Lessee's sole cost and expense, to the condition of same
immediately prior to the date of the damage or injury.
2.4.1.9 If at any time OCWD determines in, its sole discretion, that the Well Site
installed by Lessee, as provided herein, must be modified, improved or extended to
protect OCWD's real property or facilities and OCWD's use of said real property or
facilities, or in the event that said Well Site needs to be modified, improved or
extended to improve or correct the functioning thereof, such modification,
improvement or extension shall be made by Lessee, within a reasonable period of
time, and at Lessee's sole cost and expense; provided, however, that OCWD
covenants to exercise in a reasonable manner its discretion to require Lessee to
modify, improve or extend the Well Site installed by Lessee and to exercise such
discretion only as necessary to reasonably protect OCWD's real property or facilities
or use thereof or to reasonably improve or correct the functioning of the Well Site
installed by Lessee. Notwithstanding the foregoing, Lessee reserves the right to
terminate this Lease with a thirty (30) days written notice to OCWD if Lessee
determines the forgoing obligations are cost prohibitive.
2.4.1.10 At the expiration or termination of this Lease, Lessee shall destroy the water
well on the Premises, and remove all appurtenants to the water well that are the
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subject of this Lease, in accordance with all applicable federal, state and local laws,
rules, regulations or ordinances governing the destruction of water wells, unless
OCWD delivers to Lessee a written notice that OCWD, at no cost or expense to
OCWD, will assume ownership and responsibility of the water well, in which case
Lessee shall have no further obligation or liability for the water well. Through the
deliverance of such written notice, OCWD further agrees that it will accept ownership
of the well in an"as-is" condition.
2.4.1.11 Lessee shall notify OCWD of any maintenance activity that requires the use
of a well development/pump rig at least thirty(30) days in advance of such
maintenance activity.
2.4.1.12 Laydown areas for construction or maintenance materials shall be as
approved by OCWD's General Manager or his designee but shall under no
circumstances interfere with OCWD or Corona Recreation, Inc.'s use of the adjacent
Warner Basin Complex.
2.4.1.13 OCWD's Lessee, Corona Recreation Inc., currently leases Warner Basin
Complex from OCWD for a fishing concession. Lessee shall not interfere with this
activity and shall schedule any use allowed under this Lease so as not to interfere
with OCWD's Lessee's operations.
3.5 The following provisions in Section 2.5 of this Lease are replaced or added with the
following:
2.5 Insurance: Without limiting Lessee's indemnification obligations, Lessee shall
not take possession of, enter or occupy the Premises until Lessee has obtained all of
the insurance required herein from a company or companies acceptable to OCWD,
and Lessee shall maintain all such insurance in full force and effect at all times during
the term of this Lease and any extension or renewal thereof. Insurance shall be placed
with insurers having a current A.M. Best rating of no less than A-:VII or equivalent
or as otherwise approved by OCWD. Lessee may submit a letter of Self-Insurance in
lieu of a Certificate of Insurance in a form acceptable to OCWD's Risk Manager.
2.5.1.4 Environmental Impairment Liability—The Contractor shall provide and
maintain coverage appropriate for the hazardous material/waste activity contemplated
in this Agreement. Environmental Impairment Liability shall be maintained in an
amount of$1,000,000 per claim/occurrence. If an aggregate limit applies, either the
general aggregate limit shall apply separately to the project/location or the general
aggregate limit shall be twice the required occurrence limit.
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3.6 Paragraph 2.7.1.3 and 2.7.2 of this Lease is replaced with the following:
2.7.1.3 In the event that LESSOR'S General Manager or designee grants written
approval to any requested alteration of or improvement to the Premises, Lessee shall
construct such alteration or improvement at Lessee's sole cost and expense. Lessee
shall not commence construction unless Lessee provides LESSOR'S General
Manager or designee with written notice ninety (90) days prior to the commencement
of the Well Site construction or any other related construction.
2.7.2 Ownership of Improvements: All buildings, improvements, fixtures and
facilities (exclusive of trade fixtures, portable buildings, vehicles and antennas),
constructed or placed within the Premises by Lessee, including but not limited to
electrical and other utilities, listed or not, shall, upon the completion of construction,
installation or placement within the Premises, be free and clear of all liens, claims and
liability for payment for labor and material. Such buildings, improvements, fixtures
and facilities (exclusive of trade fixtures, motors, pumps, motor control centers and
switchgear, control panels, fiber optic equipment, portable buildings, vehicles and
antennas), shall become and remain the property of OCWD at the expiration of this
Lease or earlier termination hereof. Upon the expiration or earlier termination of this
Lease, OCWD retains the right, in its sole and absolute discretion, and by written
notice to Lessee, to require (or, if requested by Lessee, to allow) Lessee, at Lessee's
sole cost and expense, to remove all such buildings, improvements, fixtures and
facilities located on the Premises. In the event OCWD either requires or grants
permission to Lessee, such removal by Lessee shall include leveling the Premises,
restoring any berms removed, removing any underground obstructions, filling any
excavations, and compacting such filled excavations to ninety percent (90%)
compaction.
3.7 Paragraphs 2.8.1 and 2.8.2 of this Lease are replaced with the following:
2.8.1 Lessee's Obligation to Maintain Premises: Lessee shall at all times during the
term of this Lease, and any extension or renewals thereof, at its sole cost and expense,
remove all trash and debris from the Well Site Area. Lessee shall also keep and
maintain in good condition and in substantial repair (all to the satisfaction of OCWD
in its sole discretion), the Well Site Area and all appurtenances and every part thereof,
including improvements of any kind erected, installed or made on or within the Well
Site Area. Lessee shall at all times in the maintenance and use of the Well Site Area
and the buildings, structures, facilities, improvements and equipment thereon, comply
with all laws, ordinances and regulations pertaining thereto, and all conditions and
restrictions set forth herein. Lessee expressly agrees to maintain the Well Site Area in
a safe, clean, wholesome, and sanitary condition and free of trash and debris, to the
satisfaction of OCWD and in compliance with all applicable laws. During
maintenance or construction activities, Lessee is to maintain the Appurtenant
Premises and Construction and Maintenance Area in the same manner as stated for
-27-
the Well Site Area in this Paragraph. When no maintenance or construction activities
occur, Lessor hereby waives the maintenance requirement as stated in this Paragraph.
2.8.2 Lessee's Default of its Maintenance Duties: In the event that Lessee fails,
neglects or refuses to remove trash or debris deposited by Lessee or its invitees on the
Premises or to maintain or make repairs or replacements as required by this Lease,
OCWD shall notify Lessee in writing of such failure or refusal. Should Lessee fail or
refuse to correct such default within fifteen (15) days of receipt of such written notice
from OCWD, OCWD may, but shall not be required to, itself or by contract,
undertake the necessary maintenance, repair or replacements; and the cost thereof,
including but not limited to the cost of labor, materials and equipment and
procurement of insurance, plus an administrative fee in the amount of fifteen percent
(15%) of the sum of such costs, shall be paid by Lessee to OCWD within thirty (30)
days of Lessee's receipt of a statement of such costs from OCWD. Any such
maintenance, repair or replacement by or on behalf of OCWD shall not be deemed to
be a waiver of Lessee's default under this Lease, and shall not in any way impair,
prevent or restrict OCWD from exercising any of its rights or remedies set forth in
this Lease or otherwise provided at law.
3.8 Paragraphs 2.9.3, 2.9.8, 2.9.9, 2.9.14, and 2.9.17 and Subparagraphs 2.9.7.1 and
2.9.7.2 of this Lease are replaced as follows; and Paragraph 2.9.12 of this Lease is
deleted:
2.9.3 Assignment and Sublease: Lessee may not assign, convey, hypothecate,
encumber, mortgage, or otherwise transfer this Lease or any part thereof, or sublease
any portion or all of the Premises, without the prior written consent of OCWD, which
OCWD may withhold in its absolute discretion for any reason, or for no reason at all.
Any such assignment or sublease by Lessee, whether voluntarily or by operation of
law, without the prior written consent of OCWD shall be void and shall, at the option
of OCWD, terminate this Lease upon written notice to Lessee. A consent by OCWD
to one assignment or one sublease shall not be deemed a consent to any subsequent
assignment or sublease.
OCWD's Reservations.
2.9.7.1 OCWD hereby reserves the right to grant easements and rights-of-way for
pole or tower lines for transmission of electricity, and easements, leases and rights-of-
way for telephone, telegraph, telecommunication facilities, gas, water, sewer and oil
lines, for roads and highways, and for other similar uses over and across the Premises
at any location or locations within the Premises. OCWD agrees to give Lessee written
notice of such a grant after thirty (30) days of its occurrence. In the event Lessee
determines that the granting or exercise of any such easement, lease, or right-of-way
significantly interferes with Lessee's possession or use of the Premises, Lessee's only
-28-
remedy shall be to terminate this Lease upon thirty (30) days written notice to
OCWD. Lessee shall not interfere with any easements or rights-of-way pertaining to
or affecting the Premises, however, if Lessee terminates this lease for a reason as
stated in this paragraph during the first 20 years of this Lease, Lessee shall be
reimbursed the depreciated cost of the Well Site as stated in Section 1.2 of this Lease.
2.9.7.2 OCWD hereby reserves the right to sell, transfer, lease or otherwise dispose
of any portion of the Premises at any time. In the event of such sale, transfer, lease or
disposition, and notwithstanding any other provision of this Lease, this Lease shall,
upon the close of escrow or the conveyance of title, terminate as to the portions of the
Premises sold, transferred, leased or disposed of, and Lessee shall release the same
from the terms of this Lease and from any encumbrance which results from this
Lease. OCWD agrees to give Lessee thirty (30) days notice of the sale, transfer or
disposition of the Premises, except that if such sale, transfer or disposition occurs
during the first 20 years of this Lease, Lessee shall be reimbursed the depreciated cost
of the Well Site as stated in Section 1.2 of this Lease.
2.9.8 Condemnation: If any portion of the Premises is taken or acquired by eminent
domain or otherwise for a public or quasi-public use, and any part of the Premises
remains which is susceptible of occupation under this Lease, this Lease shall, as to the
part or parts so taken, terminate as of the date title or possession shall vest in the
condemnor. In the event all of the Premises or such part thereof so that there does not
remain a portion susceptible of occupation under this Lease, are taken or acquired,
this Lease shall thereupon terminate. Lessor shall be entitled to any and all
compensation awarded upon such condemnation, and Lessee hereby disclaims any
right to any such compensation. If such condemnation occurs during the first twenty
(20) years of this Lease, Lessee shall be reimbursed an amount equal to the amount of
compensation paid by the Condemning Agency to OCWD apportioned to the Well
Site, which amount shall not exceed the Depreciated Value of the Well Site, as stated
in Section 1.2 of this Lease.
2.9.9 Waiver of Claims: As a material part of the consideration to OCWD under the
Lease, Lessee hereby waives any and all claims that it may have against OCWD
during the term of this Lease, or any extension or renewal thereof, for any damage to
goods, wares and merchandise upon or about the Premises, and for any injury to
Lessee, its employees, agents, invitees, or to third parties in or about the Premises,
from any cause arising at any time, except for acts arising out of OCWD's sole active
negligence or willful misconduct.
2.9.12 (Broker's Commission)—Deleted.
2.9.14 Security Measures: Lessee acknowledges that the Premises are leased to and
accepted by Lessee in an "as-is" condition, and that the rent payable from Lessee to
OCWD hereunder does not include the cost of security guard or any other security
services or measures. Lessee further acknowledges that OCWD makes no
-29-
representation or warranty, express or implied, regarding the security of the Premises
or the need for or propriety of any security measures at the Premises; and Lessee
further acknowledges that OCWD shall have no obligation whatsoever to provide
guard service or any other security measures. Lessee expressly assumes all
responsibility for the protection and security of the Well Site Area, Lessee, its agents,
employees, invites and property within the Well Site Area from any and all acts of
any third party.
2.9.17 OCWD's Liability on Termination: Lessee hereby waives all damages or
claims for damage that may be caused by any action of OCWD in terminating this
Lease (either with or without cause), or taking possession of the Premises as provided
in this Lease or at law, and Lessee waives all claims for damages to or loss of such
property of Lessee as may be in or upon the Premises upon the termination of this
Lease, however, if OCWD terminates this lease for any reason other than nonpayment
of rent or Lessee being in default of the terms and conditions of this Lease, during
the first 20 years of this Lease, Lessee shall be reimbursed the depreciated cost of the
Well Site as stated in Section 1.2 of this Lease.
3.9 Paragraphs 2.10.1, 2.10.2(a), 2.10.2(c), 2.10.2(d)(iii), and 2.10.3(d) of this Lease are
replaced as follows; and Paragraphs 2.10.7 and 2.10.8 are added to Section 10
(Default& Termination) as follows:
2.10.1 Term and Prior Termination: This Lease shall continue for the term set forth
in Section 1.2, unless terminated earlier in accordance with another provision of this
Lease.
2.10.2(a)Lessee fails or refuses to pay to OCWD any portion of the Rental Payment
or other sum due hereunder when due, and such sum remains unpaid for thirty (30)
days after written notice to pay rent or surrender possession of the Premises is served
on Lessee by Lessor; or
2.10.2(c)Lessee abandons or vacates the Premises; provided however, that OCWD
provides a thirty (30) days written notice to Lessee of its belief of abandonment or
that the Premises has been vacated and Lessee (a) fails to respond; or (b) confirms in
writing that it has abandoned or vacated the Premises; or
2.10.2(d) (iii) Lessee allows any judgment against Lessee to remain unsatisfied or
un-bonded for a period of ninety(90) days or longer; or
2.10.3(d)ln the event Lessee becomes insolvent, OCWD may, by giving thirty (30)
days notice to Lessee or to the person appointed to manage Lessee's affairs at the
address for such person appearing in the official records of the court that appointed
such person, terminate this lease and forfeit Lessee's interest in the Premises and in
any improvements or facilities on or appurtenant to the Premises.
-30-
2.10.7 This Lease shall automatically be revoked if Lessee has not completed
twenty-five percent (25%) of the construction of the Well Site, on or before
December 31, 2015 ("Completion Date"). OCWD's General Manager or designee
may extend the Completion Date by giving written notice to Lessee in the event of
construction delays, or for other unforeseen causes beyond the control of the Lessee
as determined by OCWD's General Manager.
2.10.8 This Lease and its use shall be automatically revoked upon Lessee's
abandonment or destruction of said Well Site.
3.10 Paragraph 2.11.9 of this Lease is replaced as follows:
2.11.9 Precedence: In the event of any conflict between Parts of this Lease, Part I,
II, and III shall prevail over Exhibits A, B, C and D, Part I shall prevail over Part II
and III, and Part III shall prevail over Part II.
[END SPECIAL LEASE PROVISIONS]
-31-
EXHIBIT "A"
LEGAL DESCRIPTION WELL SITE AREA
That Portion of Lots 18 of Block 36, of the Yorba Linda Tract, in the City of Anaheim,
County of Orange, State of California as shown in Book 13, Page 16, of Parcel Maps,
Records of Orange County, State of California, recorded March 11, 1968 and described as
follows:
Commencing at the centerline intersection of La Palma Avenue and Richfield Road as shown
on a Record of Survey Field in Book 89, Page 41 of Records of Surveys, in the Office of the
Recorder, County of Orange, State of California;
Thence along the centerline of said Richfield Road, South 00°33'48"West, 400.18 feet;
Thence leaving said centerline, North 89°28'06" West 25.00 feet to the westerly right of way
of said Richfield Road;
Thence continuing North 89°28'06" West 616.00 feet to the southerly line of Parcel Map
13/16.;
Thence South 33 056'45"West 15.00 feet;
Thence North 89°28'06" West 24.86 feet to the True Point of Beginning;
Thence North 89 028'06"West 40.00 feet;
Thence South 00°31'54"West 20.00 feet;
Thence South 89 028'06" East 40.00 feet;
Thence North 00°31'54" East 20.00 feet to the True Point of Beginning;
Area= 800 square feet more or less.
Shown on plat in"Exhibit `B" and made a part hereof.
-32-
EXHIBIT "A"
LEGAL DESCRIPTION FOR APPURTENANT PREMISES (1)
(Pipeline)
That Portion of Lots 18 of Block 36, of the Yorba Linda Tract, in the City of Anaheim,
County of Orange, State of California as shown in Book 13, Page 16, of Parcel Maps,
Records of Orange County, State of California, recorded March 11, 1968 and described as
follows:
Commencing at the centerline intersection of La Palma Avenue and Richfield Road as shown
on a Record of Survey Field in Book 89, Page 41 of Records of Surveys, in the Office of the
Recorder, County of Orange, State of California;
Thence along the centerline of said Richfield Road, South 00°33'48"West, 400.18 feet;
Thence leaving said centerline, North 89 028'06" West 25.00 feet to the westerly right of way
of said Richfield Road;
Thence continuing South 00 033'48"West 30.00 feet to the True Point of Beginning;
Thence North 89 028'06"West 76.00 feet;
Thence North 45°00'00"West 2 1.00 feet;
Thence North 89°28'06" West 407.53 feet;
Thence South 79°43'31"West 80.00 feet;
Thence North 89 028'06" West 58.20 feet;
Thence South 45 000'00"East 21.41 feet;
Thence South 89°28'06" East 44.34 feet;
Thence North 79°43'31" East 80.00 feet;
Thence South 89 028'06" East 399.98 feet;
Thence South 45"00'00" East 21.42 feet;
Thence South 89 028'06" East 82.60 feet;
Thence North 00 033'48"East 15.00 feet to the True Point of Beginning;
Area=9,539 square feet more or less.
Shown on plat in"Exhibit"B" and made a part hereof
-33-
EXHIBIT "A"
LEGAL DESCRIPTION FOR APPURTENANT PREMISES (2)
(Drain Pipeline)
That Portions of Lots 18 and Lot 19 of Block 36, of the Yorba Linda Tract, in the City of
Anaheim, County of Orange, State of California as shown in Book 13, Page 16, of Parcel
Maps, Records of Orange County, State of California, recorded March 11, 1968 and
described as follows:
Commencing at the centerline intersection of La Palma Avenue and Richfield Road as shown
on a Record of Survey Field in Book 89, Page 41 of Records of Surveys, in the Office of the
Recorder, County of Orange, State of California;
Thence along the centerline of said Richfield Road, South 00°33'48"West, 400.18 feet;
Thence leaving said centerline, North 89 028'06" West 25.00 feet to the westerly right of way
of said Richfield Road;
Thence continuing North 89°28'06"West 616.00 feet;
Thence South 33 056'45" West 36.00 feet to the True Point of Beginning;
Thence South 45 000'00" East 54.00 feet;
Thence South 45 000'00" West 18.00 feet;
Thence North 45°00'00"West 5 1.00 feet;
Thence North 33 056'45" East 18.00 feet to the True Point of Beginning;
Area=927 square feet more or less.
Shown on plat in"Exhibit"B" and made a part hereof.
-34-
EXHIBIT "A"
LEGAL DESCRIPTION CONSTRUCTION AND MAINTENANCE AREA
That Portions of Lots 18 and Lot 19 of Block 36, of the Yorba Linda Tract, in the City of
Anaheim, County of Orange, State of California as shown in Book 13, Page 16, of Parcel
Maps, Records of Orange County, State of California, recorded March 11, 1968 and
described as follows:
Commencing at the centerline intersection of La Palma Avenue and Richfield Road as shown
on a Record of Survey Field in Book 89, Page 41 of Records of Surveys, in the Office of the
Recorder, County of Orange, State of California;
Thence along the centerline of said Richfield Road, South 00°33'48"West, 400.18 feet;
Thence leaving said centerline, North 89°28'06" West 25.00 feet to the westerly right of way
of said Richfield Road;
Thence continuing North 89°28'06"West 616.00 feet to the True Point of Beginning;
Thence North 89°28'06" West 89.00 feet to the easterly line of MWD R/W Parcel 1004-8-1
(Parcel B);
Thence South 0801591399 West 128.00 feet;
Thence South 81°44'47" East 21.16 feet;
Thence North 33 056945" East 155.36 feet to the True Point of Beginning;
Area= 7,135 square feet more or less.
Shown on plat in"Exhibit`B" and made a part hereof.
-35-
EXHIBIT "B"
PLAT OF LEGAL DESCRIPTION, CONSTRUCTION AND MAINTENANCE
AREA,AND APPURTENANT PREMISES (1) AND (2)
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-36-
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EXHIBIT "D"
ANNUAL RENT SCHEDULE
Yorba Linda Water District
Annual Rent Adjustment 3%
August 22,2012
Annual Rent
Year LWD Well No.21
Starting
Rent 1 $ 3,817.00
2 $ 3,931.51
3 $ 4,049.46
4 1 $ 4170.94
5 $ 4,296.07
6 $ 4,424.95
7 $ 4,557.70
8 $ 4,694.43
9 $ 4,835,26
10 $ 4,980.32
11 $ 5,129.73
12 $ 5,283.62
13 $ 5,442.13
14 $ 5,605.39
15 $ 5,773.55
16 $ 5,946.76
17 $ 6,125.16
18 $ 61308.92
19 $ 6,498.19
20 $ 6,693.13
21 $ 6,893.93
22 $ 7,100.74
23 $ 7,313.77
24 $ 7,533.18
25 $ 7,759.18
26 $ 7,991.95
27 $ 8,231.71
28 $ 8,478.66
29 $ 8,733.02
30 $ 8,995.01
31 $ 9,264.86
32 $ 9,542.81
33 $ 9,829.09
34 $ 10 123.96
35 $ 10 427.68
36 $ 10,740.51
37 $ 11062.73
38 $ 11 394.61
39 $ 11736.45
40 $ 12 088.54
41 $ 12,451.20
42 $ 12 824.73
43 $ 13 209.48
44 $ 13 605.76
45 $ 14 013.93
46 $ 14,434.35
47 $ 14 867.38
48 $ 15 313.40
49 $ 15 772.81
50 $ 16,245.99
Total $ 430,545.64
-38-
ITEM NO. 2.4
AGENDA REPORT
Meeting Date: December 13, 2012 Budgeted: Yes
Total Budget: $120,000
To: Planning-Engineering- Cost Estimate: $117,740
Operations Committee
Funding Source: Water Capital
Reserves
From: Steve Conklin, Acting General
Manager
Job No: J2009-22#21
Presented By: Steve Conklin, Acting General Dept: Engineering
Manager
Reviewed by Legal: Pending
Prepared By: Anthony Manzano, Senior CEQA Compliance: Exempt
Project Manager
Subject: Well 21 Hydrogeologic Services
SUMMARY:
Staff issued Request for Proposals (RFP) to six consulting firms for Well 21 Hydrogeologic Services
for Drilling and Construction Support; four proposals were received. Following an evaluation by the
District's review team, staff recommends award to CDM Smith (CDM) for a fee not to exceed
$117,740.
STAFF RECOMMENDATION:
That the Committee recommend the Board of Directors authorize execution of a Professional
Services Agreement with CDM in the amount of $117,740 to provide Well 21 hydrogeologic services
for drilling and construction support.
DISCUSSION:
Staff submitted RFPs for Well 21 hydrogeologic services for drilling and construction support to six
firms experienced with this type work. Four proposals were received. The District's review team
evaluated and ranked the proposals based on experience, technical merit, content and
understanding of the project. Following the technical evaluation and ranking, separate fee
envelopes for each proposal were opened.
Results of the technical evaluation ranking along with proposed fees and staff hours are as follows:
Firm Evaluation Score Proposed Fee Staff Hours
CDM Smith 26.41 $ 117,740.00 848
Geoscience 25.28 $ 124,832.00 693
RCS 24.57 $ 91,764.00 735
PSOMAS 24.15 $ 108,554.00 864
The proposal with the highest scoring technical evaluation was that by CDM, based on the criteria
noted above. CDM completed other recent projects for the District, including hydrogeologic services
for Wells 5, 12, and 20. These projects were completed professionally and to the satisfaction of
District staff. Staff reviewed the proposed fee and staff hours for the project and confirmed with
CDM's Officer in Charge, Lanaya Voelz, that they'll complete all work described in the proposal for a
fee not to exceed $117,740.
Based on the above, the engineering review team recommends award to CDM. This firm had the
best proposal, best project team and relevant local experience, with a proposed fee and staff hours
which were reasonable and appropriate based on the scope of work.
ITEM NO. 2.5
AGENDA REPORT
Meeting Date: December 13, 2012 Budgeted: Yes
Total Budget: $750,000
To: Planning-Engineering- Cost Estimate: $21,693
Operations Committee
Funding Source: All Water Funds
From: Steve Conklin, Acting General Account No: 101-2700
Manager
Job No: J-201108
Presented By: Steve Conklin, Acting General Dept: Engineering
Manager
Reviewed by Legal: N/A
Prepared By: Derek Nguyen, Water Quality CEQA Compliance: Exempt
Engineer
Subject: Approval of Change Orders No. 15-18 for Pressure Regulating Stations
Upgrade Project, Phase 1
SUMMARY:
Construction is essentially complete for the Pressure Regulating Stations Upgrade Project.
Submitted for consideration are Change Orders No. 15-18 for three additional work days and
$21,693.21 for additional time, labor and materials for the changes in condition for the Timber Ridge
site.
STAFF RECOMMENDATION:
That the Committee recommend the Board of Directors approve Change Orders No. 15-18 for three
additional work days and $21,693.21 to Vido Samarzich, Inc. for construction of the Pressure
Regulating Stations Upgrade Project, Job No. 201108.
DISCUSSION:
In accordance with the contract documents, Vido Samarzich, Inc. submitted Change Orders No. 15-
18 for changed conditions for the Timber Ridge Pressure Regulating Station sites, summarized as
follows:
• Proposed Change Order No. 15 requests $3,381.01 and no additional work days to furnish
one 12-in butterfly valve class 250 and install an additional 8" flexible coupling necessary for
the existing 8" tie-in to the pump station discharge line. This extra work had to be completed to
allow for demolition of a large concrete block poured around the pump station discharge line
where a tie-in was required per the design plans. The work replaces an existing 150 psi
butterfly valve with a 250 psi valve to ensure complete isolation and tight seal for future
operation.
• Proposed Change Order No. 16 requests $13,933.61 and 2 additional work days to remove an
replace a 12" gate valve and approximately 24-ft of 12" ductile iron pipe. This replacement
was requested by District staff as necessary follow-up work to an emergency repair District
staff had made two weeks prior. During the installation of a repair spool for the emergency
repair work, District staff discovered that the adjacent pipeline was badly deteriorated.
Because it was located in a high pressure zone, staff recommended that this pipeline be
replaced right away, including the leaking gate valve and the deteriorated pipe section
observed during the repair. This work was necessary in order to ensure continued non-
interrupted service to customers in the area.
• Proposed Change Order No. 17 requests $1,564.08 and no additional work days to install
electrical materials not shown on plans. This work was requested by the District's SCADA staff
in order to better provide for future maintenance and operation. The extra work required
pulling additional wire for the new pressure reducing valves and flowmeters and the
installation of an electrical junction box inside the new pressure reducing station.
• Proposed Change Order No. 18 requests $2,814.51 and one additional work day to install a
12" spool with stainless steel bolt set to accommodate the irregular 16-bolt pattern found on
the existing 12" gate valve discovered during work in Change Order No. 16. The work required
draining and removal of mud debris in an excavated trench as a result of flooding during the
shutdown. The extra work was necessary in order to accommodate the irregularity in bolt
pattern of the leaking gate valve and the removal of mud debris prior to establishing final tie-in
for the new station per design plans.
District staff and its engineering consultant reviewed the changed conditions and the time request
and recommend approval. Copy Change Orders No. 15-18 are attached for review and information.
The status of the construction contract with Vido Samarzich is as follows:
• The current contract is $650,824.98 with 150.5 working days starting June 12, 2012.
• If approved, Change Orders No. 15-18 add three work days (2.0% of current contract days)
and $21,693.21 (3.3% of current contract cost).
• If approved, the revised construction contract would be $672,518.19 and 153.5 days. The sum
of the eighteen change orders to date would equate to 12.6% added contract cost and 38.3%
added contract days over the original contract amounts.
STRATEGIC PLAN:
SR 3-A: Complete Implementation of Five Year Capital Improvement Plan from FY 2011-2015 with
adopted amendments
PRIOR RELEVANT BOARD ACTION(S):
• On May 10, 2012 the Board of Directors awarded the construction contract in the amount of
$597,020 to Vido Samarzich, Inc. for the construction of the Pressure Regulating Stations
Upgrade, Job No. 2011-08.
• On July 12, 2012 the Board of Directors approved Change Order No. 1 for 27 additional work
days and no additional cost to Vido Samarzich, Inc. for the Construction of the Pressure
Regulating Stations Upgrade, Job No. 2011-08.
• On August 9, 2012 the Board of Directors approved Change Order Nos. 2 & 3 for 3 additional
work days and $14,904.07 to Vido Samarzich, Inc. for the Construction of the Pressure
Regulating Stations Upgrade, Job No. 2011-08.
• On September 27, 2012 the Board of Directors approved Change Orders 4, 5 and 6 for a
combined 3 additional work days and $10,512.09 to Vido Samarzich, Inc. for the Construction
of the Pressure Regulating Stations Upgrade, Job No. 2011-08
• On October 11, 2012 the Board of Directors approved Change Order Nos. 7-10 for one-half
additional work day and $2,820.33 to Vido Samarzich, Inc. for construction of the Pressure
Regulating Stations Upgrade Project, Job No. 2011-08
. On November 8, 2012 the Board of Directors approved Change Order Nos. 11-14 for six
additional work days and $25,568.49 to Vido Samarzich, Inc. for construction of the Pressure
Regulating Stations Upgrade Project, Job No. 2011-08
ATTACHMENTS:
Description: Type:
CO 15-18 Timber Ridge PRS.pdf CO-1 5-18—Timber Ridge PRS_11272012 Backup Material
YORBA LINDA WATER DISTRICT CHANGE ORDER NO, 1S
DATE October 11 , 2012
Page 1 Of 1
CONTRACT NAME: Pressure Regulating Stations Upgrade CONTRACT AMT.: $650,824.98 DAYS: 150
.5
CONTRACTOR: Vido Samarzich, Inc. THIS CHANGE: $3,381.01 DAYS: 0
PROJECT NO: 2011-08
OWNER: Yorba Linda Water District REVISED CONTRACT AMT: $654,205.99 DAYS: 150
5
This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials,
and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor
and Yorba Linda Water District otherwise referred to as Owner.
+INCREASE CONTRACT
DESCRIPTION OF CHANGES / OR TIME
+EXTENSION /
— DECREASE IN OR -REDUCTION
CONTRACT (DAYS)
AMOUNT
TIMBER RIDGE PRS-Fumish only (1)-12" 250psi BV and furnish and install additional 8" $3,381.01 0
material necessary for be in at existing 8° main as a result of an existing coupling at our
point of connection not shown on plans. Once the existing coupling is removed to allow
for the installation of our new 8" GV, the difference will be made up with an additional
flanged spool, flex coupling and a pipe to pipe restraint w stainless steel hardware.
NET CHANGE $3,381 .01 0
REVISED CONTRACT AMOUNT AND TIME $654,205.99 150.5
The amount of the contract will be increased by the sum of $3,381.01 and the contract time shall be increased by 0 calendar days. The
undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specked for each item including
any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for
completion of the entire work on account of said Change Order. The Contractor agrees to furnish all labor and materials and perform all other
necessary work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Change Order items.
This document Will become a supplement of the contract and all provisions will apply hereto. it is understood that the Change Order shall be
effective when approved by the Owner. This Change Order constitutes full, final, and complete compensation to the Contractor for all costs,
expenses, overhead, profit, and any damages of every kind that the Contractor may incur in connection with the above referenced changes in
the work, including any impact on the referenced work of any other work under the contract, any changes in the sequences of any work, any
delay to any work, any disruption of any work, any rescheduling of any work, and any other effect on any of the work under this contract. By
the execution of the Change Order, the Contractor accepts the contract price change and the contract completion date change, if any, and
expressly waives any claims for any additional compensation, damages or time extensions, in connection with the above-referenced
changes.
RECOMMENDED: OWNER DATE: io /2o 12
DeJNqu o ec e n e A CCEPTED: (/ CONTRACTOR DATE: lO Z 5- J z zii . , Vice-President
Vido Samarzich, Inc.
APPROVED: OWNER DATE:
Steve Conklin, Acting General Manager
YORBA LINDA WATER DISTRICT CHANGE ORDER NO. 16
DATE October 23, 2012
Page I Of 1
CONTRACT NAME: Pressure Regulating Stations Upgrade CONTRACT AMT.: $654,205.99 DAYS: 150
.5
CONTRACTOR: Vido Samarzich, Inc. THIS CHANGE: $13,933.61 DAYS: 2
PROJECT NO: 2011-0 8
OWNER: Yorba Linda Water District REVISED CONTRACT AMT: $668,139.60 DAYS: 152
.5
This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials,
and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor
and Yorba Linda Water District otherwise referred to as Owner.
+INCREASE CONTRACT
DESCRIPTION OF CHANGES ! OR TIME
+EXTENSION /
— DECREASEIN OR -REDUCTION
CONTRACT (DAYS)
AMOUNT
($)
TIMBER RIDGE PRS-Remove existing faulty 12" valve and approx. 24' of 12" DIP & 12" $133933.61 2
C-900 and replace with (1)-12" 250 PSI BV and approx. 24' of 12" DIP on Fairmont Dr.
Work includes traffic control/ Iayoutt saw-cut /remove A/C and dirU remove valve and pipe/
de-watering/ install new valves and pipe/ sand and slurry backfill/ steel plates/ shoring and
dump fees.
NET CHANGE $135933.61 2
REVISED CONTRACT AMOUNT AND TIME $6681139.60 152.5
The amount of the contract will be increased by the sum of $13,933.61 and the contract time shall be increased by 2 calendar days. The
undersigned Contractor approves the foregoing Change Order as to the changes, N any, in the contract price specked for each item including
any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for
completion of the entire work on account of said Change Order. The Contractor agrees to furnish all labor and materials and perform all other
necessary work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Change Order items.
This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be
effective when approved by the Owner. This Change Order constitutes full, final, and complete compensation to the Contractor for all costs,
expenses, overhead, profit, and any damages of every kind that the Contractor may incur in connection with the above referenced changes in
the work, including any impact on the referenced work of any other work under the contract, any changes in the sequences of any work, any
delay to any work, any disruption of any work, any rescheduling of any work, and any other effect on any of the work under this contract. By
the execution of the Change Order, the Contractor accepts the contract price change and the contract completion date change, lt any, and
expressly waives any claims for any additional compensation, damages or time extensions, in connection with the above-referenced
changes.
RECOMMENDED: � OWNER DATE: j912Z 17pl7,
Derek N 1ec a g r
ACCEPTED: I CONTRACTOR DATE: � �--
ido Samarrsi Vices sident
Vido Samarzich, Inc.
APPROVED: OWNER DATE:
Steve Conklin, Acting General Manager
YORBA LINDA WATER DISTRICT CHANGE ORDER NO. 17
DATE October 23, 2012
Page 1 Of 1
CONTRACT NAME: Pressure Regulating Stations Upgrade CONTRACT AMT.: $668,139.60 DAYS: 152
.5
CONTRACTOR: Vido Samarzich, Inc. THIS CHANGE: $1,564.08 DAYS: 0
PROJECT NO: 2011-08
OWNER: Yorba Linda Water District REVISED CONTRACT AMT: $669,703.68 DAYS: 152
5
This Change Order covers changes to the subject contract as described herein, The Contractor shall construct, furnish equipment and materials,
and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor
and Yorba Linda Water District otherwise referred to as Owner.
+INCREASE CONTRACT
DESCRIPTION OF CHANGES / OR TIME
+EXTENSION !
— DECREASE IN OR -REDUCTION
CONTRACT (DAYS)
AMOUNT
M
TIMBER RIDGE PRS-additional electrical material and labor required for field $1,664.08 0
directed changes per District-work not shown on plans
NET CHANGE $1,564.08 0
REVISED CONTRACT AMOUNT AND TIME $6699703.68 152.5
The amount of the contract will be increased by the sum of $19564.08 and the contract time shall be increased by 0 calendar days. The
undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item including
any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for
completion of the entire work on account of said Change Order. The Contractor agrees to furnish all labor and materials and perform all other
necessary work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Change Order items.
This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be
effective when approved by the Owner. This Change Order constitutes full, final, and complete compensation to the Contractor for all costs,
expenses, overhead, profit, and any damages of every kind that the Contractor may Incur in connection with the above referenced changes in
the work, including any impact on the referenced work of any other work under the contract, any changes in the sequences of any work, any
delay to any work, any disruption of any work, any rescheduling of any work, and any other effect on any of the work under this contract. By
the execution of the Change Order, the Contractor accepts the contract price change and the contract completion date change, if any, and
expressly waives any claims for any additional compensation, damages or time extensions, in connection with the above-referenced
changes.
RECOMMENDED: OWNER DATE:
Derek Ng t , n qOr
ACCEPTED: / CONTRACTOR DATE: // i / L
'Vido Sarn f , Vic resident
Vido Samarzich, Inc.
APPROVED: OWNER DATE:
Steve Conklin, Acting General Manager
YORBA LINDA WATER DISTRICT CHANGE ORDER NO, 18-revised
DATE November 26, 2012
Page 1 Of 1
CONTRACT NAME: Pressure Regulating Stations Upgrade CONTRACT AMT.: $669,703.68 DAYS: 152
.5
CONTRACTOR: Vido Samarzich, Inc. THIS CHANGE: $2,814.51 DAYS: 1
PROJECT NO: 2011 -08
OWNER: Yorba Linda Water District REVISED CONTRACT AMT: $672,518.19 DAYS: 153
.5
This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials,
and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor
and Yorba Linda Water District otherwise referred to as Owner.
+INCREASE CONTRACT
DESCRIPTION OF CHANGES / OR TIME
+EXTENSION /
— DECREASE IN OR -REDUCTION
CONTRACT (DAYS)
AMOUNT
($)
TIMBER RIDGE PRSadd labodequip/material required to complete 12" BV and pipe $29814.51 1
replacement work and add work required for the 12" tie-in on Fairmont Blvd. Add
tie-in work was related to our excavation being flooded out due to District issues
with shutting down the main and the add replacement work was due to installing an
add. 12" 300 lb x 150 lb FL X FL spool and SS bolt set
NET CHANGE $2,814.51 1
REVISED CONTRACT AMOUNT AND TIME $672,518.19 153.5
The amount of the contract will be increased by the sum of $2,614.51 and the contract time shall be increased by 1 calendar days. The
undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each Rem including
any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for
completion of the entire work on account of said Change Order. The Contractor agrees to furnish all labor and materials and perform all other
necessary work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Change Order items.
This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be
effective when approved by the Owner. This Change Order constitutes full, final, and complete compensation to the Contractor for all costs,
expenses, overhead, profit, and any damages of every kind that the Contractor may incur in connection with the above referenced changes in
the work, including any impact on the referenced work of any other work under the contract, any changes in the sequences of any work, any
delay to any work, any disruption of any work, any rescheduling of any work, and any other effect on any of the work under this contract. By
the execution of the Change Order, the Contractor accepts the contract price change and the contract completion date change, if any, and
expressly waives any claims for any additional compensation, damages or time extensions, in connection with the above-referenced
changes. /
RECOMMENDED: OWNER DATE: jI/Zzbo/ Z'
Derek Ng t P/oj "� r
ACCEPTED: f/ CONTRACTOR DATE: // 2- 6
i o Sama j h, Vice.President
Vido Samarzich, Inc.
APPROVED: OWNER DATE:
Steve Conklin, Acttng General Manager
ITEM NO. 2.6
AGENDA REPORT
Meeting Date: December 13, 2012 Budgeted: Yes
Total Budget: $50,000
To: Planning-Engineering- Cost Estimate: $26,020.12
Operations Committee
Funding Source: Water Capital
Reserves
From: Steve Conklin, Acting General
Manager
Presented By: Lee Cory, Operations Manager Dept: Operations
Reviewed by Legal: N/A
Prepared By: Harold Hulbert, Operations CEQA Compliance: N/A
Assistant
Subject: Purchase of 2013 Ford F350 Truck
SUMMARY:
It is District policy to submit vehicle and major equipment purchases to the Board of Directors for
approval. District purchasing policy also dictates the means and methods for procurement of
vehicles and equipment of this value. The District's procedures have been followed in obtaining
proposals for the subject truck.
STAFF RECOMMENDATION:
That the Committee recommend the Board of Directors approve the purchase of the Ford F350 Cab
& Chassis from Elk Grove Ford in the amount of$26,020.12.
DISCUSSION:
In the 2012-13 Budget, $50,000 was approved for the purchase of a 3/4-ton Truck to replace Unit
144, a 2000 Chevy 3500HD Truck. Due to the work-specific equipping of the subject vehicle the
purchase is broken into several components. While the purchasing policy states we only need to get
quotes for the various parts, we are providing to the Board an estimated cost break down of all the
various parts.
The only item the Board will be directly approving is the cost for the Cab & Chassis, in accordance
with the District's Purchasing Policy.
The following is a list of the various components and the estimate cost for purchase of each of those
to build the truck.
1 . Cab & Chassis: $ 26,020
2. Service Body: $ 16,124
3. Hose Reel: $ 474
4. Air Compressor: $ 1,075
5. Light Bar: $ 1,022
6. Generator: $ 1,098
Total Build: $ 45,814
Currently staff has received pricing/quotes on all of the above items, indicating that this vehicle
should come in under the budgeted amount. Staff has written the specification for the Cab &
Chassis which is attached to this report.
Staff has received quotes from five vendors for the cab and chassis:
1. Elk Grove Ford $ 26,020.12
2. Villa Ford: $ 26,125.31
3. Fairway Ford: $ 26,499.58
4. Carmenita Truck Center: $ 26,725.94
5. Enterprise Fleet MGMT: $ 27,530.08
PRIOR RELEVANT BOARD ACTION(S):
The Board approved the 2012-2013 budget which included $50,000.00 in the Vehicle & Capital
Outlay section for purchase of a 3/4 Ton truck Replacement.
ATTACHMENTS:
Name: Description: Type:
2013 Ford F350 Truck Soec.pdf Backup Material Backup Material
YORBA LINDA WATER DISTRICT
Request for Proposal
(1) F350 Dual rear wheel Chassis Cab
SPECIFICATIONS INDICATE DEVIATIONS
DESCRIPTION FROM SPECS
COLOR WHITE - NO REPAINTS
ENGINE 6.21, GASOLINE V-8 MINIMUM
EMISSIONS MUST MEET AQMD LOW EMISSIONS
REQUIREMENTS FOR PUBLIC FLEET VEHICLES
TRANSMISSION 6 SPEED AUTOMATIC
CAB TO AXLE 60 INCH
WHEELBASE 141 INCH
BRAKES 4 WHEEL DISC
SEATS VINYL 40/MINI CONSOLE/40
REAR AXLE 3.73 RATIO
G.V.W.R, 13,300 LBS,
DUAL REAR WHEEL
ADDITIONAL EQUIPMENT
1, AIR CONDITIONING
2, 17 INCH STEEL WHEELS
3, AM/FM RADIO
4, VINYL FLOOR COVERING
5. MOLDED BLACK CAB STEPS
6, POWER MIRRORS
7. POWER DOOR LOCKS
8. FRONT TOW HOOKS
NOTE: Must be Factory built. No aftermarket accessories or equipment will be
accepted. Price will include sales tax F.O.B. Placentia
Please send written quotes to Mike Kiddie
913 Richfield Road
Placentia, Ca 92870
Phone (714) 701 -3155
Fax (714) 701 -3128
Email mkiddie @ylwd.com
ITEM NO. 2.7
AGENDA REPORT
Meeting Date: December 13, 2012 Budgeted: No
To: Planning-Engineering- Cost Estimate: $143,000
Operations Committee
Funding Source: Water Operating
Fund
From: Steve Conklin, Acting General
Manager
Presented By: Steve Conklin, Acting General Dept: Engineering
Manager
Reviewed by Legal: No
Prepared By: Joe Polimino, Project Engineer CEQA Compliance: MND
Subject: Chambers Group Extension of Services for Hidden Hills Reservoir Project
Habitat Mitigation and Monitoring Plan (HMMP)
SUMMARY:
Chambers Group has been providing California Environmental Quality Act (CEQA) Mitigation and
Monitoring Plan (MMP) document preparation and compliance monitoring in support of the Hidden
Hills Reservoir Project, since September 2008. Project construction was completed in June, 2010,
and Chambers Group has been monitoring the re-growth of native plant species for compliance with
the project-specific Habitat Mitigation and Monitoring Plan (HMMP). It has been determined that the
site is not adequately recovering and a re-seeding effort is necessary to comply with the HMMP.
STAFF RECOMMENDATION:
That the Committee recommend the Board of Directors approve an extension to Chambers Group
Professional Services Agreement, in the amount of $50,292 for the remainder of fiscal year
2012/2013 and $93,229 for fiscal years 2013/14 through 2015/2016, for a total cost not to exceed
$143,521, for required environmental compliance mitigation and monitoring for the Hidden Hills
Reservoir Project. It is further recommended that the Board authorize transfer of $50,292 from the
Water Operating Fund for the work through June 30, 2013, and that the work proposed for each of
the three following fiscal years be approved by the Board as part of the annual budget process.
DISCUSSION:
The Hidden Hills Reservoir Project, which was completed in June 2010, consists of a new 2.0 MG
underground concrete reservoir, pipeline, associated valve vaults and an access road. It is located
within the boundaries of Chino Hills State Park, north of the Hidden Hills Glen community.
Since September 2008, Chambers Group assisted the District in obtaining resource agency
approvals for the project, prepared the project-specific Habitat Mitigation and Monitoring Plan
(HMMP) and prepared bid specifications that defined the project's habitat restoration components.
Chambers Group is currently providing services for the District through a Professional Services
Agreement with HMMP implementation phase compliance, which currently includes biological
monitoring and reporting on a quarterly basis.
Chambers Group recently reported to the District that growth populations for native plant species
were not meeting criteria as set fourth in the HMMP and recommended that the site be re-seeded
for compliance. In response to the District's request, Chambers Group provided a proposal which
includes weeding of all non-native plant species, re-hydroseeding of the site with native plant
species, the installation of a temporary irrigation system, site maintenance and continued biological
monitoring and reporting through June 30, 2016. The District's requirement for habitat mitigation and
monitoring ends on June 30, 2016.
The proposed area of work totals 1.95 acres, including the slopes on both sides of the paved
reservoir access road, and those areas outside of the chain-link fence (surrounding the reservoir)
that were affected by the clearing and grading necessary for construction of the reservoir and its
facilities. The details of the proposed Scope of Work and costs are attached for your reference.
As shown in the attached proposal of December 10, 2012, Chambers is proposing budgets of
$50,292 for FY 12/13, $42,248 for FY13/14, $33,611 for FY14/15, and $17,370 for FY15/16, for a
not to exceed total of$143,521. This proposal, scope and fees were negotiated through several
meetings and discussions with staff of Chambers Group. District staff has monitored the progress of
this work along with Chambers and believes that the scope and fee are necessary and appropriate
to achieve compliance, and therefore, recommend approval. The recommended $50,292 for work
through June 30, 2013 is not budgeted. It is recommended that this $50,292 come from the Water
Operating Fund, and that the other amounts noted above for the following three fiscal years be
included when the budget is established and approved by the Board each year.
STRATEGIC PLAN:
SR 3-A: Complete Implementation of Five Year Capital Improvement Plan from FY 2011-2015 with
adopted amendments
PRIOR RELEVANT BOARD ACTION(S):
The Board of Directors authorized the General Manager to execute a contract with Chambers
Group for Hidden Hills Reservoir Mitigation and Monitoring Plan compliance monitoring and
reporting services, through a Professional Services Agreement on April 1, 2010.
ATTACHMENTS:
Name: Description: Type:
Hidden Hills Restoration Proposal 12-10- Chambers Group Extension to Professional Services
12 w AttachA.pdf Agreement 2012-2016 Backup Material
t'� i CHAMBERS
4
GROUP
December 10, 2012
(20010)
Steve Conklin
Yorba Linda Water District
P.O. Box 309
Yorba Linda, CA 92885
Subject: Revised Proposal for Additional Services — Hydroseeding, Site Maintenance, and
Monitoring for the Hidden Hills Reservoir Project, Yorba Linda, California.
Dear Mr. Conklin:
Chambers Group, Inc. (Chambers Group), a certified Disabled Veteran Business Enterprise (DVBE), is pleased
to submit this proposal for additional services to the Yorba Linda Water District (District) to provide
continued California Environmental Quality Act (CEQA) Mitigation and Monitoring Plan (MMP) compliance
monitoring in support of the Hidden Hills Reservoir Project, located north of Hidden Hills Glen in the City of
Yorba Linda, Orange County, California. Chambers Group, a California corporation, has been providing
environmental planning, regulatory permitting, biological resources, cultural resources, and related services
for over three decades.
PROJECT UNDERSTANDING
The project included construction of a new buried reservoir, distribution pipeline and associated
appurtenances to be located within an existing District easement located on Chino Hills State Park property.
Chambers Group assisted the District in obtaining Resource Agency approvals to fully implement the Hidden
Hills Reservoir project. Chambers Group also prepared the project-specific Habitat Mitigation and
Monitoring Plan (HMMP) and draft Bid Specifications that defined the project's habitat restoration
components. Construction of the project commenced on May 11, 2009 and was completed in June 2010.
Chambers Group is currently assisting the District with HMMP implementation-phase compliance, which
includes Biological Monitoring and Reporting on a quarterly basis.
Heather Clayton will serve as the Project Manager and Primary Point of Contact. This project will be
managed out of Chambers Group's Santa Ana office, with support from our Redlands office as needed.
Heather Clayton, Senior Biologist
5 Hutton Centre Dr., Suite 750
Santa Ana, CA 92707
(949)-261-5414 ext. 7241
HClayton @chambersgroupinc.com
- SANTA ANA LOS ANGELES REDLANDS PALM DESERT SAN DIEGO EL CENTRO RENO
CORPORATE OFFICE 5 Hutton Centre Drive,Suite 750 1 Santa Ana.California 92707
t, 949.261.5414 f l 714.545.2255 w I www.chambersgroupinc.com
Steve Conklin
December 10, 2012
Page 2
SCOPE OF WORK AND COSTS (Including Attachment "A")
Task 1: Hydroseeding, Mitigation Site Maintenance, Monitoring, and Reporting for Fiscal Year 2
Collected seeds will be hydroseeded by a landscape contractor as a subcontractor to Chambers Group,
experienced in native plant restoration. The seeds will be planted on the slopes above the paved road
leading to the reservoir as well as those areas outside the chain-link fence (1.95 acres). Hydroseeding will
consist of 1,500 pounds per acre of tackifier, 1,000 pounds per acre of a hydropost compost, 60 pounds per
acre of mycorrhizal inoculum, and the native seed mix. This contract assumes plant diversity and vegetative
cover will be achieved through seeding—no container plant installation is expected to occur.
The mitigation site will be fully maintained through June 2016. During the course of the maintenance period,
Chambers Group will not be responsible for repair or plant replacement due to acts of God,war,vandalism, or
neglect/damage by the DISTRICT or others. Chambers Group assumes that no additional mobilization, concrete
work, electrical work, soil decompaction, v-ditch maintenance, erosion control (BMPs) or repair of existing
erosion control measures,fence installation, sign installation,or grading will be necessary.
Chambers Group strongly recommends that irrigation be used onsite. The landscape contractor will install a
temporary irrigation system which would consist of a quick connect adaptor for a water truck, ball valves,
white PVC pipe, and spray heads. All components of the system will be installed on-grade. Spray heads will
have rebar riser supports. The system will not be pressurized or automated; rather a water truck will be
required to supply the water to the system. The landscape contractor is responsible for the design and
proper operation of the irrigation system, and will maintain as necessary.
Water truck costs include the cost per visit for the water truck to supply water to the irrigation system. The
entire site will be watered and at least 9,000 gallons of water will be distributed evenly across the site using
the irrigation system as necessary. The landscape contractor will fill up the water truck at a nearby fire
hydrant and that the cost of water will be paid for by the District. The contractor will be required to sign out
a construction meter and backflow devise from the District, and notify each time they are onsite.
Chambers Group conducted monthly maintenance monitoring through March 2012, after which time,
quarterly maintenance surveys were initiated for Year 2. A brief quarterly progress report along with site
photographs will be submitted to the District and the Landscape Contractor within 10 days of the time of the
survey. Chambers Group conducted the first annual survey in April 2012 under the existing contract. The
agencies require submittal of an annual report each year until the success criteria are met. The second
annual survey is scheduled for April 2013. Following data collection and analysis, an annual report will be
submitted to the District, and upon District review, will be submitted to the U.S. Fish and Wildlife Service
(USFWS) and the Chino Hills State Park.
• Project management will include scheduling, client communication, staff coordination, invoicing, and
management of project resources. A preliminary schedule for Fiscal Year 2 (2012-2013) is presented below.
CHAMBERS
/JhF GROUP
Steve Conklin
December 10, 2012
Page 3
Table 1
Schedule and Estimated Hours of Tasks in Year 2 (January through June 2013)
Hours Estimated Staff
Task —A�TaskTitle �Dat Budget
01-1 Initial Site Cleanup/Weed Removal Jan 2013 Lump Sum $4,488
01-2 Install Temporary Irrigation System Jan 2013 Lump Sum $ 15,722
01-3 Water Truck(Assume 15 Visits) Jan–Jun 2013 Lump Sum $ 9,626
Contractor Hydroseeding (excluding cost of
01-4 Jan 2013 Lump Sum $ 5,942
seed)
01-5 Contractor Maintenance (assumes 5 visits) Jan–Jun 2013 Lump Sum $ 5,688
=
01-6 Quarterly Monitoring Year 2 Mar,Jun 2013 6 hours x 2 visits 12 hours $ 1,176
01-7 Annual Survey and Report Year 2 Apr 2013 20 hours field time $ 6,590
40 hours report time
01-8 Project Management Ongoing 8 hours $ 1,060
Total 80 hours $ 50,292
Task 2: Mitigation Site Maintenance, Monitoring and Reporting for Fiscal Year 3
The mitigation site will be maintained in 2013/2014 by licensed native plant landscape contractor. This will
ensure weeds are controlled in a timely manner and any deficiencies in native plant species composition or
health will be remediated quickly. Chambers Group will conduct quarterly maintenance surveys as specified
in the HMMP (Sec. 5.1.6.) in Year 3. A brief quarterly progress report, along with site photographs, will be
submitted to the District and to the landscape contractor within 10 days after the survey.
A one-time reseeding effort is included in this cost estimate, which will consist of reseeding the bare areas in
up to 10 percent of the site during Year 3.The landscape contractor will furnish the seed for reseeding, hand
broadcast the seed mix, and lightly rake the seed into the soil.
As per agency requirements, Chambers Group will conduct the third annual performance monitoring survey
in April 2014. An annual report will be submitted to the District within 30 days after the survey, and upon
District review, will be submitted to the USFWS and Chino Hills State Park.
Project management will include scheduling, client communication, staff coordination, invoicing, and
management of project resources. A preliminary schedule for Fiscal Year 3 (2013-2014) is present in Table 2.
" CHAMBERS
/�1\� GROUP
Steve Conklin
December 10, 2012
Page 4
Table 2
Schedule and Estimated Hours of Tasks in Year 3 (July 2013-June 2014)
Task Task Title�V Estimated Staff Budget
02-1 Contractor Maintenance Jul 2013—Jun 2014 Lump Sum $ 10,238
(assumes 9 visits)
02-2 Re-Seeding(If Needed) Winter 2013 Lump Sum $ 585
02-3 Water Truck(Assume 33 Visits) Jul 2013—Jun 2014 Lump Sum $ 21,193
Sep 2013, Dec 2013, Mar 6 hours x 4 visits = 24
02-4 Quarterly Monitoring Year 3 2014,Jun 2014 hours $ 2,352
02-5 Annual Survey/ Report Year 3 Apr 2014 20 hours field time $ 6,790
40 hours report time
02-6 Project Management Ongoing 8 hours $ 1,090
Total 92 hours 1 $ 42,248
Task 3: Mitigation Site Maintenance, Monitoring and Reporting for Year 4
The mitigation site will be maintained in 2014/2015 by licensed native plant landscape contractor. Chambers
Group will conduct quarterly maintenance surveys in Year 4 according to the HMMP. A brief quarterly
progress report along with site photographs will be submitted to the District and to the landscape
contractor within 10 days after the survey.
As the plants are expected to be past the initial establishment phase when they are most susceptible to
adverse weather conditions, and in order to remain cost effective, Chambers Group will conduct the fourth
quarterly monitoring visit concurrently with the annual inspection in April 2015. An annual report will be
submitted to the District within 30 days after the survey, and upon District review, will be submitted to the
USFWS and Chino Hills State Park.
Project management will include scheduling, client communication, staff coordination, invoicing, and
management of project resources. A preliminary schedule for Fiscal Year 4 (2014-2015) is present in Table 3.
" CHAMBERS
/�1\� GROUP
Steve Conklin
December 10, 2012
Page 5
Table 3
Schedule and Estimated Hours of Tasks in Year 4(July 2014-June 2015)
MW I�Task Task Title I 'MF' Date Estimated Staff
03-1 Contractor Maintenance Jul 2014—Jun 2015 Lump Sum $ 7,963
(assumes 7 visits)
03-2 Water Truck(Assume 24 Visits) Jul 2014—Jun 2015 Lump Sum $ 15,408
Sep 2014, Dec 2014, Mar 6 hours x 4 visits = 24
03-3 Quarterly Monitoring Year 4 2015,Jun 2015 hours $ 2,130
03-4 Annual Survey and Report Year 4 Apr 2015 20 hours field time $ 6,990
40 hours report time
03-5 Project Management Ongoing 8 hours $ 1,120
Total 92 hours 1 $ 33,611
Task 4: Mitigation Site Maintenance, Monitoring and Reporting for Year 5
The mitigation site will be maintained in 2015/2016 by licensed native plant landscape contractor. Chambers
Group will conduct quarterly maintenance surveys in Year 5 according to the HMMP. A brief quarterly
progress report along with site photographs will be submitted to the District and to the landscape
contractor within 10 days after the survey. Again, the fourth-quarter visit will be conducted concurrently
with the fifth annual performance monitoring survey in April 2016. An annual report will be submitted to the
District within 30 days after the survey, and upon District review, will be submitted to the USFWS and Chino
Hills State Park.
Project management will include scheduling, client communication, staff coordination, invoicing, and
management of project resources. A preliminary schedule for Year 5 (2015-2016) is present in Table 4.
Table 4
Schedule and Estimated Hours of Tasks in Year 5 (July 2015-June 2016)
Task Title
Contractor Maintenance
04-1 Jul 2015—Jun 2016 Lump Sum $ 6,825
(assumes 6 visits)
• Sep 2015, Dec 2015, Mar 6 hours x 4 visits = 24
04-2 Quarterly Monitoring Year 5 2016,Jun 2016 hours $ 2,195
Annual Survey and Final Report Apr 2016 20 hours field time $ 7,200
04-3 Year 5 40 hours report time
04-4 Project Management Ongoing 8 hours $ 1,150
Total 92 hours $ 17,370
" CHAMBERS
/�1\� GROUP
Steve Conklin
December 10, 2012
Page 6
AUTHORIZATION
Chambers Group prepared this proposal solely for your internal use in evaluating Chambers Group's
business proposal. Chambers Group considers the pricing and other business information the property of
Chambers Group. This proposal and the information contained herein shall not be used for any purpose
other than as specifically stated in this proposal and shall not be disclosed to any other party without
Chambers Group's written consent.
The cost estimate for all tasks is offered at a Time-and-Materials Basis, under the existing Professional
Services Agreement (PSA) between the District and Chambers Group using 2013 rates. The grand total for
supplemental hydroseeding, maintenance, and monitoring from January 2013 through June 2016 is
$ 143,521.00.
If this scope of work and cost meet your satisfaction, please execute one copy of this letter and return it to
Chambers Group as our authorization to begin work. The schedule and cost quoted herein are valid for 30
days.
Thank you for the opportunity to provide this proposal to you. Please do not hesitate to contact me at
(949) 261-5414 extension 7241 to discuss these services in more detail. We look forward to continuing to
work with you and getting the site on-track toward meeting the performance criteria!
Sincerely, Authorized By:
CHAMBERS GROUP, INC. YORBA LINDA WATER DISTRICT
YJA-D
Heather Clayton
Senior Biologist, Project Manager Signature
Date
Enclosures: Attachment A
- `w7omW
" CHAMBERS
/�1\� GROUP
ATTACHMENT "A"
TO THE SCOPE OF WORK FOR CHAMBERS GROUP
PLANT RESTORATION FOR COMPLIANCE WITH THE HMMP
FOR THE HIDDEN HILLS RESERVOIR PROJECT
SCOPE OF WORK
Services provided under this Scope of Work will include project management, material,
equipment, and labor necessary to complete all landscape, seeding, planting, and
maintenance work as necessary to fully implement and meet compliance with the project-
specific Habitat Mitigation and Monitoring Plan (HMMP) as previously prepared by
Chambers Group. This includes but is not limited to, the following:
A. Weed abatement
B. Seed acquisition
C. Hydro seeding and/or hand planting
D. Furnishing and installation of all required seeds, plants, fertilizers, materials, top
dressing and other miscellaneous materials required for the work.
E. Provide weeding and watering as necessary for plant health in all planted areas
from the start of the project through June 2016. Watering will be discontinued
after 2014, if determined by Chambers Group that it is no longer necessary.
F. Provide a one-time reseeding effort, if required.
QUALITY ASSURANCE
A. Chambers Group will provide at least one person as the Owners Representative
who shall be present when necessary during the execution of this Work, who
shall be thoroughly familiar with the type of materials being installed and the
proper materials and methods for their installations, and who shall direct all work
performed under this Scope of Work.
B. All plants and planting material shall meet or exceed the specifications of
Federal, State and County laws requiring inspection for plant disease and insect
control.
C. The Applicator of all weed control materials shall be licensed by the State of
California as a Pest Control Operator and a Pest control Advisor in addition to
any subcontractor licenses that are required.
D. All materials and methods used for Weed Abatement must conform to Federal,
State, and Local Regulations.
PRODUCT HANDLING
A. Delivery and Storage:
1. Deliver all items to the job site in their original containers with all labels
intact and legible at time of Owners representative's review.
2. Immediately remove from the site all plants which are not true to name,
and all materials which do not comply with the specified requirements.
3. Use necessary measures to protect plant materials before, during, and
after installation and to protect the work and materials of all other trades.
B. Replacements: Immediately make all repairs and/or replacements necessary to
the approval of the Owners representative and at no additional cost to the
Owner.
PROJECT SAFETY, RESPONSIBILITY AND COORDINATION
A. For all work activities included in this Scope of Work, including weed abatement,
hydro seeding, maintenance or other work, Chambers Group and the
Landscape Contractor are fully responsible for the safety of the project. This
includes distributing or posting any notifications, installation of signs, barriers or
other methods as determined by Chambers Group and the Landscape
Contractor to prevent intrusion into the treated areas by the public or other un-
authorized personnel.
B. No material or methods used for Weed Abatement shall affect the landscape
planting or hydroseed germination.
SEEDING AND PLANTING
A. Hydro-Seed: As directed by Chambers Group
B. Seed Acquisition: As directed by Chambers Group
PROJECT EXECUTION
Prior to the start of work of this Section, all trash and deleterious materials on the surface of
the ground shall be removed and legally disposed of.
WEED ABATEMENT
Prior to the installation of the Hydroseed, all weed growth shall be removed within the areas
designated to be cleared and grubbed. Refer to the HMMP for limit of work. If in the
opinion of the Chambers Group Representative, grasses and weeds existing in the planting
areas will require removal prior to planting, weed these areas per the Chambers Group
Representative's direction and recommendations. Physically remove all weeds from the
site.
HYDROSEEDING INSTALLATION
All seeding areas shall be reviewed by the Chambers Group Representative to determine
its suitability prior to planting. The Landscape Contractor shall prepare all seeding areas for
planting and coordinate with the Chambers Group Representative prior to seeding for
review. No seeding will be performed until authorized by the Chambers Group
Representative.
Mixing of hydro slurry shall be performed in a tank with a built-in continuous agitation and
recirculation system of sufficient operating capacity to produce homogeneous slurry of
seed, mulch fiber, binding agent, fertilizer and water as specified by the Chambers Group
Representative to comply with the HMMP.
Application: Hydro slurry shall be applied under high pressure, evenly and result in uniform
coat on all areas to be treated to the satisfaction of the Chambers Group Representative.
Care shall be exercised to assure that plants in place are not subjected to the indirect force
of an application. Slurry shall be immediately removed from walks, roads, concrete ditches
and structures, etc. that are inadvertently sprayed.
MAINTENANCE PERIOD
The contractual project and plant maintenance period shall begin from the start of the project
and continue through June 2016.
The Landscape Contractor shall continuously weed, water, and maintain all planted areas
during the progress of the Work and during the maintenance period.
All areas shall be kept free of debris, and all planted areas shall be weeded as needed.
Weeding, watering and spraying as required to keep plants healthy for the duration of the
maintenance period, shall be performed by the Landscape Contractor and included in the cost
for this Scope of Work.
During the maintenance period, the Landscape Contractor shall be responsible for maintaining
adequate protection for all planting areas. Any damaged areas shall be repaired and any plant
materials replaced at the Contractor's expense.
END OF SECTION
ITEM NO. 3.1
AGENDA REPORT
Meeting Date: December 13, 2012
To: Planning-Engineering-
Operations Committee
From: Steve Conklin, Acting General
Manager
Presented By: Stephen Parker, Finance Dept: Finance
Manager
Prepared By: Stephen Parker, Finance
Manager
Subject: Meter Testing Update
DISCUSSION:
At the October 4, 2012 PEO Committee meeting, staff provided a status report on the meter
program. The Committee asked staff for follow-up information, which has been obtained and is
attached for review and discussion.
ATTACHMENTS:
Name: Description: Type:
Meter Update for 12 13 12 PEO.docx Meter Testing Update Backup Material
1) Further investigate and determine the estimated ROI (return-on-investment) for change-out of
the east side meters.
During this calendar year, extensive work has been conducted attempting to determine
items related to a meter change-out including cost, time and return on investment
(ROI). Similar numbers have been obtained for potential water loss (which is necessary
in order to determine an ROL Staff used AWWA's standard of 1/3% of loss in meter
accuracy for every year of age, which resulted in an assumed annual water loss of
$373,421. Staff provided the meter age and type to Neptune Meters, and their
proprietary software yielded an assumed loss of $479,603. Staff has calculated an
expected replacement cost (including staff time and benefits for the installation) of
$2,557,757. Two ROI analyses that have been conducted using Neptune Meter's
proprietary software. One more liberal, and one quite conservative. The liberal one
indicates a return on investment in 3.6 years, while the conservative one indicates a
return on investment in 6.3 years. However, both analyses require an assumed water
loss calculation. The liberal calculation included a 5.1% water loss calculation and the
conservative one included a 3.33%water loss calculation. Neither of those losses can be
validated through our current internal testing, as it hasn't taken place.
The District could move forward with a replacement, but current CIP spending is
aggressive, drawing down reserves quickly. Unless this project was financed, it would be
difficult to squeeze in a $2.5M CIP job that wasn't included in the most recent 6 year CIP
plan, even if it paid for itself in 4 to 6 years. This could be completed by the end of FY
14/15, but would include some risk that water loss is not as dramatic as projected.
Alternatively, we could ramp up testing or outsource testing to determine if the water
loss figures we have included in our ROI are appropriate, lending validation to move
forward with the project in the future. The latter option would require additional
resources (that are currently budgeted) and take time.
2) Report on visits to meter testing facilities at IRWD and MNWD.
Since inviting our staff to attend, Moulton Niguel Water District has not responded to
numerous phone calls. Staff did visit Irvine Ranch Water District on October 101h. We
were given a tour, provided with policy information and data from their internal meter
tests,which have been conducted for almost 2 decades. Some items of note include:
• IRWD has 3 meter test benches—one for meters 1" and smaller, one for% "-2",
and one for 3" and up. Staff is considering a bench that could test from %"to 2"
meters.
• IRWD staff rebuild and recalibrate turbo, single jet and compound meters.
Positive displacement meters are replaced with new.
• IRWD testing program materials were made available to us, as were the results
of their testing. They currently replace meters when they are 17 years old. As a
part of determining that their policy is appropriate, they test 10% of all meters
they replace. The 17 year figure has been determined after years of testing.
(Moulton Niguel WD
• IRWD invited staff back to test 3 meters on 10/24. The results showed that the
residential meter that was tested was registering at a weighted average of
90.81% (AWWA guideline's low limit is 97.5%). That meter was tested by our
staff and had a weighted average of 91.2%. The difference of 0.39% shows that
our test had a 99.57% accuracy compared to the IRWD test (though it did take
much longer, as we do not have a test bench).
3) Report on costs and viability of building and equipping a bench and system for in-house testing
of meters.
Staff has received a quote of approximately $40,000 from Ford Meter, did not receive a
quote from Mars Company, determined than building a bench in-house would be
impractical, and are looking into purchasing a used bench from another water agency. A
recent auction had a 10 year-old bench in Indiana sold for $60 (plus the bidder was
required to come pack up and ship the bench to their own facilities). We contacted
them and found out that the winning bidder never came for the bench, and that they
will give it to us. The cost of disassembly and transportation would be on us. We will
have an estimate of this cost by the time the PEO meeting occurs.
4) Concerning the issue of customers who operate meters with demands that typically exceed the
high-end specifications, return with ideas for discussion for a potential policy on testing of
meters, and for the required upsizing of meters, if use is out of spec over a given time frame.
Staff believes a meter policy should include information on:
• How often 2" and larger meters should be tested/replaced
• How often residential meters are replaced
• How many meters should be tested annually
• Appropriate range of use based on meter size and when an upgrade is required
While this information has been obtained from IRWD (2" meters tested every 4 years,
residential meters replaced every 17 years, 10% of all meters replaced tested annually,
meter size is determined by the type of use, which is obtained upon sign-up and
reviewed annually as a part of the water budget program) and Moulton Niguel WD (3"
meters tested annually, 2" and below replaced every 12 to 15 years, 10% of all meters
10 years old are tested annually), staff believe further research should be obtained from
other agencies before a draft policy is provided to a committee. With the current
staffing shortages, this is not something that could be well analyzed and delivered in a
short period of time.
ITEM NO. 3.2
AGENDA REPORT
Meeting Date: December 13, 2012
Subject: Monthly Groundwater Production and Purchased Import Water Report
ATTACHMENTS:
Description: Type:
Import 2012-13 Nov.pdf Monthly Water Report-November 2012 Backup Material
YLWD SOURCE WATER SUMMARY
FY 2012-13
IN-LIEU ACTUAL ADJUSTED TOTAL MONTHLY YTD BUDGET
GW GW IMPORT DEMAND GW GW (Demand Est.) DELTA
MONTH (AF) (AF) (AF) (AF) (%) (%) (AF) (%)
Jul-12 - 785.3 1,622.6 2,407.8 32.6% 32.6% 2,354.0 2.3%
Aug-12 - 793.7 1,706.4 2,500.1 31.7% 32.2% 2,316.0 7.9%
Sep-12 - 730.6 1,590.0 2,320.6 31.5% 32.0% 2,032.0 14.2%
Oct-12 - 940.4 1,126.7 2,067.1 45.5% 35.0% 1,714.0 20.6%
Nov-12 - 1,078.3 533.2 1,611.5 66.9% 39.7% 1,354.0 19.0%
Dec-12 1,218.0
Jan-13 1,062.0
Feb-13 1,016.0
Mar-13 1,204.0
Apr-13 1,506.0
May-13 1,992.0
Jun-13 2,232.0
FYTD - 4,328.3 6,578.8 10,907.1 39.7% 9,770.0
Red denotes In-Lieu month
Allowable GW(YTD) 5,488.5 (AF)
Underpumped 1,160.1 (AF)
GROUNDWATER PERCENTAGE
80.0%
'MONTHLY GW(%)
75.0%
YTD GW(%)
70.0% -BPP GOAL 50.3%
65.0%
60.0%
55.0%
50.0%
45.0%
40.0%
35.0%
30.0%
Jul-12 Aug-12 Sep-12 Oct-12 Nov-12 Dec-12 Jan-13 Feb-13 Mar-13 Apr-13 May-13 Jun-13
Month
WATER SUPPLY
FY 2012-13
November 2012 Water Supply
IMPORT
33.1%
GW
66.9%
2012-13 YTD Water Supply
GW
39.7%
IMPORT
60.3%
GW BPP GOAL
50.3%
TOTAL WATER USE
FY 2012-13
2'600
77.7 Monthly Average Mean Temperature(0 F) 010-11 GW 010-11 IMPORT
73.071.4 72.9 ■11-12GW ■11-12 IMPORT
2'400 9.7 73.2 76.4
•12-13 GW 012-13 IMPORT
2,200 70.3 67.8
70.8 69.7
66.4
2,000
63.8 65.3
1,800 —
66.4
61.7
1,600 -
62.4
Li
Q 1,400
CD 65.4 61.5 55.5 59.7 58.0 62.0
E 59.6 57.6
c 1,200
60. 55.2
58.7
1,000
56.4
800
600 - -
400 - - - — - - -
200 - —
0
NQ) NNN"� N� �� �� NIZ, NN N� �� �� N� NN �� N� NN0 N1\ 0N`b �N0 rb NN rb �N0<5 N� 0 �� N� N��`�
JC J�
Al o�'
Al �G�G
Month
FY 2012-13 YTD Water Supply
22,000 a-w Budgeted Total GW+ Import
Actual Total GW+ Import
20,000 —0—BPP GW Goal 50.3% 04
Actual GW Production
1$,000 Actual Total GW+ Import 2011-12
16,000
14,000
U-
Q
12,000
E
10,000
8,000
6,000
4,000
2,000
0
Jul-12 Aug-12 Sep-12 Oct-12 Nov-12 Dec-12 Jan-13 Feb-13 Mar-13 Apr-13 May-13 Jun-13
Month
ITEM NO. 3.3
AGENDA REPORT
Meeting Date: December 13, 2012
Subject: Monthly Production Summary Report
ATTACHMENTS:
Description: Type:
Monthly Production Division Status Report November 20 12 Final.pdf Monthly Production Summary Report Backup Material
Monthly Production Summary Report
November 29,2012
Water Production Out of Service Equipment
•Groundwater 31.87 Equipment Name Reason for Out of Service
• Import Water 68.12 Well #10 Electric Motor Rewind Repair
Max Day 22.32 Timber Ridge Booster #1 Pump pulled for repair of locked shaft
Min Day 13.75
Average Day 17.57
Weather Conditions
Max Temperature 93.7
Min Temperature 63.6
#of High Wind Days 0 Returned to Service
#of Red Flag Days 0 Equipment Name Date
Inches of Rain 0.40 Timber Ridge Booster#1 11/28/2012 Also rewind Pump Motor
Water Quality Well #10 11/15/2012 Also Maintenenace of MCC
Location Average Cl2 Dose
Richfield (North Loop) 1.53
Richfield (South Loop) 1.42 Number of PM's Performed
Lakeview Booster (Zone 2) 1.27 Pumps & Motors 2
Lakeview Booster (Zone 3) 1.58 CL2 Systems 6
Well # 15 Off line Reservoirs 14
Well #20 0.90 Wells 9
Location Average Cl2 Residual After Hours Responses
Highland Booster 1.34 Hi/Lo Water Levels 5 Springview Res. Seasonal Operation
Valley View Booster 1.33 Hi/Lo C12 Levels 4
Paso Fino Booster 1.15 Power Failures 0
Hidden Hills Reservoir 1.80 Communication 0
Camino de Bryant Reservoir 1.20 Pump Alarms 1
Intrusion Alarms 0
We are currently supplying zones 1,2,&3 with well water as well as small portions of Zone 4 Gardenia and Zone 5 Quarter Horse.
ITEM NO. 3.4
AGENDA REPORT
Meeting Date: December 13, 2012
Subject: Monthly Preventative Maintenance Report
ATTACHMENTS:
Name: Description: Type:
20012-13 fiscal.xls November 2012 PM Backup Material
PREVENTATIVE AND REACTIVE MAINTENANCE
FISCAL 2012113
Fiscal 2012-13 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN
Percent of target 8% 17% 25% 33% 50% 58% 67% 75% 83% 92% 100%
HYDRANTS(3,881) Target;all hydrants to be serviced annually.
INSPECTED THIS MONTH 3611 671 11 1531 277
INSPECTED THIS YEAR 3611 4281 4291 582 1 859
OF TOTAL 9.3% 11.0%1 11.1%1 15.0
VALVES(10,706/2=5,353) Target;all valves to be operated every two years
OPERATED THIS MONTH 486 496 5571 1,007 502
OPERATED THIS YEAR 486 982 1,5391 2,546 3,048
OF TOTAL 9.1°/ 18.3% 28.8%1 47.6
DEAD ENDS(155 X 2=310) Target;all dead ends to be flushed biannually.
FLUSHED THIS MONTH 01 1 01 155 0
FLUSHED THIS YEAR 01 1 11 156 156
OF TOTAL 0.0%1 0.3%1 0.3%1 50.3% 50.3
AIR VACS(525) Target;all air/vacs to be serviced annually.
INSPECTED THIS MONTH 0 249 1401 136 1
INSPECTED THIS YEAR 0 249 3891 525 5261 1
OF TOTAL 0.0% 47.4%1 74.1%1 100.0% 100.2
PRVs(150 x 2 per Yr=300) Target;all PRVs to be serviced biannually.
INSPECTED THIS MONTH 41 5 31 14 43
INSPECTED THIS YEAR 41 9 121 26 69
%OF TOTAL 1 1.3%1 3.0% 4.0%1 8.7%
WATER LEAKS Target;all leaks repaired at first available opportunity.
MAIN REPAIRED 1 2 01 21 1
SERVICE REPAIRED 4 1 3 8 5
SERVICE REPLACED 11 11 131 181 9
AMS REPLACED 6 10 61 61 17
METERS Target;all meter work completed no later than next working day.
NEW INSTALL 6 1 5 1 21 1 15 1 10
STUCKS 1 41 01 21 21 14
SEWER CLEANING(235 M) Target;all sewers to be cleaned annually.
CLEANED THIS MONTH 25.72 20.06 21.501 21.65 12.03
CLEANED THIS YEAR 25.72 45.781 67.281 88.93 100.96
OF TOTAL 10.94% 19.48%1 28.63%1 37.84% 43.00
SEWER TELEVISING(39.17M) Target;all sewers to be televised every 6 years.
TELEVISED THIS MONTH 3.75 4.03 1.53 1.23 2.06
TELEVISED THIS YEAR 3.75 7.78 9.31 10.54 12.60
OF TOTAL 9.57% 19.86% 23.77%1 26.95% 32.17
OTHER SEWER WORK.
S.S.OVERFLOWS 0 0 0 0 0
SERVICE CALLS 0 2 0 1 0
ROOT CONTROL 0 6,316 330 0 660
REHABFOOTAGE 15 482 0 0 596
MAIN REPAIRS 1 2 0 3 8
MANHOLE ROOT CLEANING 2 0 0 0 0
MANHOLE REPAIRS 1 31 31 11 31 7
ITEM NO. 3.5
AGENDA REPORT
Meeting Date: December 13, 2012
Subject: Groundwater Producers Meeting Report
ATTACHMENTS:
Description: Type:
GWP Mtq Notes 15Nov20l2.docx GWP Meeting Report for Nov 2012 Backup Material
ImYorba Linda
Water District ,
MEMORANDUM
DATE: November 14, 2012
TO: Steve Conklin, Acting General Manager
FROM: John DeCriscio, Chief Plant Operator
SUBJECT: Groundwater Producers Meeting, November 14, 2012
1 attended the Groundwater Producers (GWP) meeting on November 14 at OCWD. A
summary of each item discussed is as follows:
1. GWRS FY11-12 unit cost. OCWD staff reported the net cost for operating the
GWRS system for the fiscal year to be $30,449,988 which equates to $424 per
acre foot.
2. Panattoni Property. OCWD is looking into a possible location for another
recharge basin in the City of Anaheim. With the recharge success they are
having at the newly-constructed Mira Loma Basin, staff is focusing their attention
on available properties in the same area. Staff is looking at a site referred to as
the Panattoni property, which is approximately 20 acres and could recharge an
estimated 82 million gallons a day. Staff is also in discussions with the City of
Anaheim about how much property they are comfortable allowing to convert from
taxable, commercial to recharge. These potential sites are large commercial
properties and a significant source of tax revenues for the city.
3. Annexation Update. OCWD staff noted that a presentation was given at the
OCWD Water Issues Committee on November 14, 2012. The presentation
indicated very strong support by OCWD staff in favor of the Annexation. Staff's
support for the annexation was primarily driven by their interpretation of the 1986
Annexation Policy. They used very specific language within the policy to support
their recommendation.
As stated in the policy: "Land that drains into the groundwater basin providing a
source of water should be annexed." Staff noted that all three annexing parties
1
comply with this. Another argument noted by the annexing parties was the
demand projections to 2035: The increased demands from internal growth are
expected to reach 92,000 acre feet per year, while annexation is expected to be
about one-sixth of that, or 15,118 AFY.
Current Estimated Annexation Schedule:
• January 2013 - Provide draft Financial Impact Information.
• February 2013 — Finalize Financial Impacts Information.
• March 1, 2013 — Release Draft EIR, Draft Annexation Agreement,
Financial Impact Analysis.
• April 17, 2013 — End of EIR 45-day review period.
• Late July — Respond to EIR comments.
• August 2013 — Board consideration of EIR and Annexation Agreement.
2
ITEM NO. 3.6
AGENDA REPORT
Meeting Date: December 13, 2012
Subject: Status Report on Capital Projects in Progress
ATTACHMENTS:
Description: Type:
CIP Rept Dec2012.pdf Status Report on Capital Projects in Progress Backup Material
CAPITAL IMPROVEMENT PROJECTS STATUS REPORT
Date: December 1, 2012
New Information since Last Report is Shown in Red
IN CONSTRUCTION
Project Current Status Next Actions Comments
1 Well 20 Equipping Notice of Completion approved Retention released. Project has been completed.
Budget: $1,200,000 Job No. 200711 by Board of Directors 9/13/12. Resolving minor issues with
Project Contact: Joe Polimino chlorine injection and SCADA.
Planned Completion Date: August 2012
2 Fairmont Reservoir Valve Replacement Inlet valves not working Replace inlet valves Preparing 2 nd letter to contractor.
Budget: $210,000 Job No. 201011 correctly; staff working with during fall or winter 2012
Project Contract: Derek Nguyen Contractor for replacement when demands are lower.
Planned Completion: May 2012
3 Yorba Linda Blvd. Pipeline Project substantially complete; Contractor will complete Beneficial use of pipeline was
Budget: $1.6M Job No. 2008-17 contractor continuing work on paving, traffic loops and achieved on 11/29/12.
Project Contact: Joe Polimino cathodic protection and final striping.
Planned Completion Date: November 2012 Fading at future pump station.
4 Pressure Regulating Stations Upgrade Construction is complete. Staff File Notice of Completion Staff to present photos of project
Budget: $1,000,000 Job No.: 201108 to schedule and conduct final and final payment for construction at Board
Project Contact: Derek Nguyen walk through with Contractor. Board Approval after final Presentation on recently
Project Completion: November 2012 walk-through. completed projects.
1
CAPITAL IMPROVEMENT PROJECTS STATUS REPORT
Date: December 1, 2012
New Information since Last Report is Shown in Red
IN DESIGN
Project Current Status Next Actions Comments
1 Lakeview Grade Separation (OCTA Project) Negotiating OCTA cost After cost-sharing is Awaiting final cost sharing
Budget: $700,000 Job No. 201002 sharing. resolved, staff to review final decision and design submittal
Project Contact: Anthony Manzano design. from OCTA's consultant.
Planned Completion Date: Late 2013
2 2012 Waterline Repl.,Ph.II.: Tamarisk,Hidden Notice of Award issued to Conduct pre-const. meeting Construction expected to start
Hills,Catalina Ct., Gordon Ln. &Richfield Rd. TBU, Inc. (TBU) on after agreement w/TBU is January 2013, with Richfield
Budget: $1.3M Job No. 201120 November 21St. executed; issue Notice to Road work starting first.
Project Contact: Anthony Manzano Proceed shortly afterwards.
Planned Completion Date: Late 2013
3 Yorba Linda Blvd. Pump Station Evaluated bids and made Issue Notice of Award and Execute Agreement prior to
Budget: $2.3M Job No. 200817B recommendation to PEO Agreement after Board issuing NTP.
Project Contact: Hank Samaripa Committee. award.
Planned Completion Date: Dec 2013
2
CAPITAL IMPROVEMENT PROJECTS STATUS REPORT
Date: December 1, 2012
New Information since Last Report is Shown in Red
IN PLANNING
Project Current Status Next Actions Comments
1 Northeast Area Planning Study Carollo issued a storage tech Complete calibration & Anticipate late January
Budget: $120,000 Job No. 201011 B memo and completing model hydraulic model training. 2013 completion of NE
Project Contact: Anthony Manzano calibration. Area Planning Study
Planned Completion Date: January 2013
2 Fairmont BPS & Site Improvements Prepare conceptual site plan, to Prepare draft RFP for NE Area Planning Study
Budget: $6,000,000 Job No. 201011B be part Fairmont BPS upgrade Engineering, Design, and to provide key data.
Project Contact: Hank Samaripa RFP. Construction Services.
Planned Completion Date: Jan 2014/15
3 Well 21 Project Anticipate well site Lease Staff to recommend well Begin preliminary well
Budget: $2,300,000 Job No. 200922#21 Agreement approval by OCWD drilling design consultant at drilling design and begin
Project Contact: Anthony Manzano on Dec. 19th. Drilling consulting December PEO drilling in mid 2013.
Planned Completion Date: TBD services proposals evaluated.
4 YL High School Park Pipe Relocation Reviewed 90%plans and specs. Complete plans and specs. Anticipate submitting
Budget: $350,000 Job No.: 201213 Reviewing draft PYLUSD— Execute PYLUSD-YLWD contract documents to
Project Contact: Hank Samaripa YLWD Agreement. Agreement. PYLUSD by January.
Planned Completion Date: December 2013
3
ITEM NO. 3.7
AGENDA REPORT
Meeting Date: December 13, 2012
Subject: Status of Strategic Plan Initiatives
ATTACHMENTS:
Description: Type:
Strat PI Tracking- Nov20l2.xlsx Strategic Plan Tracking Nov 2012 Backup Material
Strategic Plan Initiatives Status Report
Planning-Engineering-Operations Committee
Strategies Start Date Completion Lead Party November 2012 Progress
Date
FR 2: Increase Reserve Funding
Analyze the Asset Annual Review Completed construction of upgrades to
Management Plan to Prior to Budget Engineering
FR 2-B Determine Future Dec-11 and CIP Manager Greencrest Sewer Lift Station. Completed
GIS database for eastside sewers.
Needs Update
SR 1: Work Toward Service Reliabilitv and Efficienc
Service Demand Projections were examined
SR 1-13 Forecast Service Oct-10 Jun-11 Engineering and incorporated into the District's 2010
Demand Projections Manager Urban Water Management Plan (dated May
2011) out to Year 2035
Well 21 site lease agreement going to Dec
Develop Additional Engineering 19 OCWD Board for approval.
SR 1-E Well Sites Mar-11 Jun-12 Manager Recommendation for award of PSA for
Hydrogeologic Services for Drilling of Well
No. 21 presented to Dec 13 PEO.
SR 3: Continue Implementation of Ca-pit I Im rovement Pro'ect Plan 2007-2012
Complete
Implementation of
Five-Year Capital Current status is approximately $8.7
SR 3-A Improvement Plan On-going On-going Engineering million of projects in construction phase
from FY 2007-2012 Manager and $18.3 million in the planning and
design phases.
with Adopted
Amendments
Continue Planning for
Long-Term Capital Engineering Proceeding with Northeast Area Planning
SR 3-B Improvements and On-going On-going Manager Study and review for Cielo Vista and
Esperanza Hills Projects.
Replacements