HomeMy WebLinkAbout2014-09-04 - Planning-Engineering-Operations Committee Meeting Agenda PacketYorba Linda
Hater District
AGENDA
YORBA LINDA WATER DISTRICT
PLANNING - ENGINEERING - OPERATIONS COMMITTEE MEETING
Thursday, September 4, 2014, 4:00 PM
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
2. ROLL CALL
COMMITTEE
Director Gary T. Melton, Chair
Director Michael J. Beverage
STAFF
Marc Marcantonio, General Manager
Steve Conklin, Engineering Manager
John DeCriscio, Operations Manager
3. 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.
4. 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.
4.1. Status of Well Siting (Verbal Report)
4.2. Status of Cielo Vista and Esperanza Hills Developments (Verbal Report)
4.3. Monthly Groundwater Production and Purchased Import Water Report (To be provided at
the meeting.)
4.4. Monthly Preventive Maintenance Report (To be provided at the meeting.)
4.5. Monthly Production Summary Report (To be provided at the meeting.)
4.6. Groundwater Producer Meeting Notes
4.7. Status Report on Capital Projects in Progress
4.8. Future Agenda Items and Staff Tasks
5. ADJOURNMENT
5.1. The next Planning- Engineering- Operations Committee meeting is scheduled to be held
Thursday, October 2, 2014 at 4:00 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.
AGENDA REPORT
Meeting Date: September 4, 2014
ITEM NO. 4.3
Subject: Monthly Groundwater Production and Purchased Import Water Report (To be
provided at the meeting.)
ATTACHMENTS:
Description:
Import 2014 -15 Auq.pdf Backup Material
Type:
Backup Material
Im
Backup Material Distributed Less Than 72 Hours Prior to the Meeting
YLWD SOURCE WATER SUMMARY
FY 2014 -15
Allowable GW (YTD) 3,278.7 (AF)
Underpumped 575.8 (AF)
CUP Obligation rY 2014 -15
ADJUSTED
GW
(AF)
ACTUAL
IMPORT
(AF)
CUP
(AF)
TOTAL
DEMAND
(AF)
MONTHLY
GW
( %)
YTD
GW
( %)
BUDGET
(Demand Est.)
(AF)
DELTA
( %)
MONTH
Jul -14
Aug -14
Sep -14
Oct -14
Nov -14
Dec -14
Jan -15
Feb -15
Mar -15
Apr -15
May -15
Jun -15
1,376.9
748.8
280.0
2,405.7
57.2%
57.2%
2,587.0
-7.0%
1,326.1
672.1
280.0
2,278.2
58.2%
57.7%
2,545.3
-10.5%
2,233.2
1,883.7
1,488.0
1,338.6
1,167.1
1,116.6
1,323.2
1,655.1
2,189.2
2,453.0
FYTD
2,702.9
1,420.9
560.0
4,683.9
57.7%
5,132.3
-8.7%
Allowable GW (YTD) 3,278.7 (AF)
Underpumped 575.8 (AF)
CUP Obligation rY 2014 -15
2,741.0 (AF)
Monthly CUP Pumping (AF)
280.0 (AF)
YTD CUP Pumping (AF)
1,438.8 (AF)
YTD CUP Achieved ( %)
52.5%
GROUNDWATER PERCENTAGE
80.0%
75.0%
70.0%
65.0%
60.0%
55.0%
50.0%
45.0%
40.0%
35.0%
30.0%
- MONTHLY GW ( %)
-YTD G W (%)
BPP GOAL 70 0%
Jul -14 Aug -14 Sep -14 Oct -14 Nov -14 Dec -14 Jan -15 Feb -15 Mar -15 Apr -15 May -15 Jun -15
Month
22,000
20,000
16,000
14,000
U-
Q
12, 000
E
0 10,000
8,000
6,000
4,000
2,000
0
Jul -14
Backup Material Distributed Less Than 72 Hours Prior to the Meeting
FY 2014 -15 YTD Water Supply
t Budgeted Total GW + Import
--41-- Actual Total GW + Import
�r BPP GW Goal 70.0
t Actual GW Production
--0-- Actual Total GW + Import 2013 -14
Aug -14 Sep -14 Oct -14 Nov -14 Dec -14 Jan -15 Feb -15 Mar -15 Apr -15 May -15 Jun -15
Month
AGENDA REPORT
Meeting Date: September 4, 2014
ITEM NO. 4.4
Subject: Monthly Preventive Maintenance Report (To be provided at the meeting.)
ATTACHMENTS:
Description:
PM 2014 -15 Auq.pdf Backup Material
Type:
Backup Material
Backup Material Distributed Less Than 72 Hours Prior to the Meeting
PREVENTATIVE AND REACTIVE MAINTENANCE
FISCAL 2014/15
Fiscal 2014-15 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN
Percent of target 8% 25% 33% 42% 50% 58% 67% 75% 83% 92% 100%
HYDRANTS 3,925 Target;all h drants to be serviced annual) .
INSPECTED THIS MONTH 428
485
INSPECTED THIS YEAR 428
1
913
OF TOTAL 10.9
VALVES 11,162/2=5,581 Target;all valves to be o erated ever two ears
OPERATED THIS MONTH 724
572
OPERATED THIS YEAR 724
M13.0%1
1296
OF TOTAL
DEAD ENDS 155 X 2=310 Target;all dead ends to be flushed biannual) .
FLUSHED THIS MONTH 01
0
FLUSHED THIS YEAR 01
0
OF TOTAL 0.0
AIR VACS 487 Target;all air/vacs to be serviced annual) .
INSPECTED THIS MONTH 1
10
INSPECTED THIS YEAR 1
11
OF TOTAL 0.2%
PRVs 261 Tar et;all PRVs to be serviced annually.
INSPECTED THIS MONTH 1 341
16
INSPECTED THIS YEAR 1 341
50
OF TOTAL 1 13.0
WATER LEAKS Target;all leaks repaired at first available opportunity.
MAIN REPAIRED
2
1
SERVICE REPAIRED
7
7
SERVICE REPLACED
12
19
AMS REPLACED
15
6
METERS Target;all meter work completed no later than next working day.
NEW INSTALL 151
8
STUCKS 1 231
54
SEWER CLEANING 304 M Target;all sewers to be cleaned annual) .
CLEANED THIS MONTH 20.70
15.71
CLEANED THIS YEAR 20.70
36.41
% TOTAL 6.81%1
11.98
SEWER TELEVISING 61M Target;all sewers to be televised ever 5 vears.
TELEVISED THIS MONTH 2.66
5.17
TELEVISED THIS YEAR 2.66
1 7.83
% TOTAL 4.36%1
12.84%
OTHER SEWER WORK.
S.S.OVERFLOWS
0
0
ROOT FOOTAGE
1,134
6,509
EMAs AND SYPHONS
2.11
4
SERVICE CALLS
0
0
REHAB FOOTAGE
0
0
MAIN REPAIRS
0
100
MANHOLE ROOT CLEANING
1 21
0
MANHOLE REPAIRS
1 31
0
AGENDA REPORT
Meeting Date: September 4, 2014
ITEM NO. 4.5
Subject: Monthly Production Summary Report (To be provided at the meeting.)
ATTACHMENTS:
Description: Type:
Production Summary Report Aug 2014.pdf Backup Material Backup Material
Backup Material Distributed Less Than 72 Hours Prior to the Meeting
Monthly Production Summary Report
DATE: August 2014
Water Production
Equipment Name
• Groundwater
70.00%
• Import Water
30.00%
Max Day Consumption
26.2 MG
Min Day Consumption
19.5 MG
Average Day
23.5 MG
Weather Conditions
Max Temperature
102° F
Min Temperature
57° F
# of High Wind Days
0
# of Red Flag Days
0
Inches of Rain
0
Water Quality
Location Average Cl2 Dose
Richfield (North Loop)
1.4 Mg /I
Richfield (South Loop)
1.2 Mg /I
Lakeview Booster (Zone 2)
1.2 Mg /I
Lakeview Booster (Zone 3)
1.3 Mg /I
Well # 15
1.2 Mg /I
Well # 20
1.1 Mg /I
Location Average Cl2 Residual
Highland Booster
1.2 Mg /I
Valley View Booster
1.2 Mg /I
Paso Fino Booster
1.3 Mg /I
Hidden Hills Reservoir
1.2 Mg /I
Camino de Bryant Reservoir
1.3 Mg /I
Out of Service Equipment
Equipment Name
Reason for Out of Service
Well #11 MCC
Instrumentation Control problems
Well #19 VFD
Cooling system failure (Fans)
Well #20 Cl2 Feed System
Chemical feed pump failure
Camino De Bryant Res.
IC12 Analyzer unstable
Richfied Cl2 System
Acid Washes completed
Returned to Service
Equipment Name
Date
Hidden Hills Cl2 pump
8/5/2014 - Replaced and placed online
Richfield Plant
8/5/2014 - Installed replacement Blacoh dampner
Camino De Bryant Res.
8/14/2014 - Analyzer serviced and placed online
Lakeview Booster #10
Sealed a water leak on the booster pump
Water System Equipment Maintenance & Repairs
General Maintenance
Continue Oil Change on Motors and Gear heads
Hidden Hills Reservoir
Installed replacement chemical feed pump
Well #20
Repaired a leak at the PSI gauge
Well #1
Repaired a leak at the prelube line
Lakeview Booster #10
Sealed a water leak on the booster pump
Richfied Cl2 System
Acid Washes completed
Notes:
Ground water continues to be served in zones 4 and 5 to comply with the CUP for FY 2014 -2015. The Production Department continues to operate the
water system under SCE TOU restrictions for the summer months. The Production Staff is currently operating the new YLBPS under beneficial use.
AGENDA REPORT
Meeting Date: September 4, 2014
ITEM NO. 4.6
Subject: Groundwater Producer Meeting Notes
ATTACHMENTS:
Description: Type:
GWP Mtq Notes Aug 2014.docx GWP Meeting for Aug 2014 Backup Material
IMYorba Linda
Water District
MEMORANDUM
DATE: August 14, 2014
TO: File
FROM: Steve Conklin, Acting General Manager
SUBJECT: Groundwater Producers Meeting August 13, 2014
I attended the Groundwater Producers (GWP) meeting on August 13, 2014 at Orange
County Water District (OCWD). A summary of the item discussed is as follows:
1. MWDOC Water Reliability Study. OCWD staff reported that MWDOC is
preparing to proceed with the said study. The study as envisioned is to consider
county -wide reliability. The OCWD Board has raised concerns that OCWD
should have a larger role. There will be further discussion on this in the coming
weeks.
2. OCWD Outreach Program. Starting in August OCWD staff will be initiating
meetings with civic groups and elected officials to provide updates on the
activities related to the recent lawsuits in which OCWD is involved. Staff
provided a 4 -page list of upcoming presentations to various civic organizations
and other groups. OCWD staff indicated that they will provide notice ahead of
time to GWP agency staff of upcoming presentations in the agency service area.
OCWD staff also invited GWP agencies to request presentations to their
governing bodies or civic groups. Lastly, they noted that they plan to have an
Elected Officials Kickoff meeting on October 17, to brief elected on the basin
cleanup projects and other issues.
3. OCWD Groundwater Basin Water Quality Policy. OCWD staff reported that
on August 6, 2014, the OCWD Board approved said Policy. The Policy
incorporates and integrates key provisions contained in policies adopted in 1984,
1987 and 2013 into a single policy. Also included is a provision regarding
I
consistency with the National Contingency Plan (NCP) in situations where
OCWD is seeking cost recovery from responsible parties.
4. Update on North Basin and South Basin Water Quality Lawsuits. OCWD
staff noted that negative court ruling were received for both lawsuits and that
OCWD will appeal the rulings. OCWD is proceeding with the requirements of the
NCP on the North Basin Project and is about 3- months into an 18 -month process
to complete. Thereafter, they hope to return to construction of treatment
facilities. Regarding the South Basin Project, OCWD is issuing an RFP for a
consultant to provide services for the preparation of NCP documents.
5. GWRS Pipeline Inspection update. Staff reported on the results of the pipeline
inspection. In the inspection of the pipeline, the District's contractor observed
unusual amounts of coating loss in areas of the pipeline, particularly in Unit 2
(i.e., the central of the three pipeline sections constructed). Potential remedies
are being addressed with test coatings to determine which material will be best
for relining in the future. It is expected that a follow -up inspection and relining
work may take place in two years.
6. Burris Pit Pump Station Replacement Project. OCWD reported that bids were
received for Phase 2 of the Project, to replace a 200 -cfs capacity station to pump
water from the Santa Ana River to the Santiago Basins in Orange for recharge.
Nine bids were received, and Board approval is expected on Aug 20 for a $20
million construction contract to low- bidder, Pacific Hydrotech Corp.
7. Long -Term Facilities Plan Update. OCWD staff indicated that comments will
be received until Aug 15 on the draft Plan, after which the Plan will be finalized
and then brought to the Board to be received and filed.
8. Groundwater Management Plan Update. OCWD staff indicated that they are
waiting for completion of state legislation on this matter before proceeding with
preparation of the update to OCWD's Plan.
9. Response to Grand Jury Report. OCWD noted that they have drafted a
response, which staff will present to the OCWD Administration - Finance
Committee on August 14 and to the Board on Aug 20, followed by sending it to
the Grand Jury.
10. Poseidon Resources Update. OCWD staff noted that the Financial Analysis is
being prepared and is scheduled to go to the OCWD Board on Sept 17 as an
Information Item. That is, the report and its findings will be for discussion and
consideration, with no action to be taken. What happens after that depends on
the findings of the analysis, what the Board wants to do with it, and what the
Board wants to do next. It was also noted that Poseidon is working on its
response to questions raised by the Coastal Commission and is expected to go
back to the Commission by early 2015.
2
ITEM NO. 4.7
AGENDA REPORT
Meeting Date: September 4, 2014
Subject: Status Report on Capital Projects in Progress
ATTACHMENTS:
Description: Type:
CIP Rept Sep2014.pdf Status Report on Capital Projects in Progress Backup Material
CAPITAL IMPROVEMENT PROJECTS STATUS REPORT
Date: September 1, 2014
New Information since Last Report is Shown in Red
IN CONSTRUCTION
Project
Current Status
Next Actions
Comments
1
Yorba Linda Blvd. Pump Station
Contractor continues work on
Will demolish old Palm
Project expected to be complete
Budget: $2.65M Job No.: 200817B
operational and electrical
Ave. pump station when
September 2014.
Project Contact: Joe Polimino
punchlist items.
new one is completed.
Planned Completion: July 2014
2
Lakeview Grade Separation (OCTA Project)
Contractor continues new
Contractor will complete
Currently on schedule.
Budget: $700,000 Job No.: 201002
waterline and service
borings and pipe
Project Contact: Joe Polimino
installations.
installations under the
Planned Completion: Late 2016
railroad.
3
Elk Mountain Surge Tank
Project complete. NOC
Release retention 35 -days
Project will be closed -out after
Budget: $100,000 Job No.: 201312
recorded. Board authorized
after recordation (early
retention is released.
Project Contact: Anthony Manzano
final payment to Contractor.
September) if no liens
Planned Completion: July 2014
have been filed.
CAPITAL IMPROVEMENT PROJECTS STATUS REPORT
Date: September 1, 2014
New Information since Last Report is Shown in Red
IN DESIGN
Project
Current Status
Next Actions
Comments
1
YL High School Park Pipe Relocation
Submittals approved.
Staff to schedule Pre - Const.
YLWD Pipeline relocation
Budget: $350,000 Job No.: 201213
Awarded contractor, Vido
meeting & issue NTP.
work tentatively planned for
Project Contact: Anthony Manzano
Samarzich, tentatively set
PYLUSD scheduled to begin
late summer 2014.
Planned Completion: Summer 2014
to begin late September.
grading late- summer 2014.
2
Well 21 Equipping Project
Staff reviewing PDR and
The PDR and CEQA
Estimated equipping design
Budget: $150,000 Job No.: 200922 #21
CEQA. Richfield pipeline
document comments shall be
completion, winter 2014.
Project Contact: Alex Thomas
upgrade change is in
returned to the consultant.
Estimated construction
Planned Completion: Late 2015
preliminary design.
completion fall 2015.
3
Fairmont BPS Upgrade
Staff is currently
90% design review
Design estimated to be
Budget: $6,000,000 Job No. 201011B
reviewing 90% design
comments to be returned to
complete fall 2014.
Project Contact: Bryan Hong
submittal.
consultant; meeting with
Construction estimated to be
Planned Completion: Mid 2016
consultant on 9/3/14.
complete late -2016.
CAPITAL IMPROVEMENT PROJECTS STATUS REPORT
Date: September 1, 2014
New Information since Last Report is Shown in Red
IN PLANNING
Project
Current Status
Next Actions
Comments
1
Well 22 Site Acquisition
Researched several potential
Finalize a site location, seek
Staff's goal is to procure a
Budget: $450,000 Job No. 2009 -22 #22
locations. Currently focusing on
Board authorization,
site by late 2014 and
Project Contact: Alex Thomas
a site near southerly end of Fee
negotiate terms and enter
prepare to drill pilot hole.
Planned Completion: Late 2014
Ana Avenue.
into an Agreement.
CAPITAL IMPROVEMENT PROJECTS STATUS REPORT
Date: September 1, 2014
New Information since Last Report is Shown in Red
PROPOSED DEVELOPMENT
Project
Current Status
Next Actions
Comments
1
Olson Co. T17489 (N. of Golden Ave., Placentia)
Developer continuing
Developer shall complete
Estimate 33 -unit condo tract
Job No.: 201301
home construction &
District Final Inspections &
completion by late 2014 /early
Project Contact: Ariel Bacani
water service installation.
Closing Forms.
2015.
2
Brandywine Homes T17548 (S. of Nixon Lib.)
District approved Water &
District to amend water
Developer completed onsite
Job No.: 201304
Sewer Plans. Contractor
agreements and approve
rough grading and is waiting
Project Contact: Ariel Bacani
started offsite water &
W &S Improvement Plans.
for storm drain material.
sewer construction.
3
Buy -Buy Baby (Savi Ranch)
Contractor continuing
District to prepare job
Estimate building completion
Job No.: 201309
water & sewer
closing forms.
mid to late 2015.
Project Contact: Ariel Bacani
construction.
4
Costco Gas Station/Mirage Street Vacation
District approved final
District to monitor Costco's
Costco to complete new gas
Job No. 201310
water plans and attended
Contractor and require const.
station & improvements by late
Project Contact: Anthony Manzano
pre - construction meeting.
mitigation measures.
2014.
5
Yavitz Company — Valley View Retail
District approved Water &
Developer to schedule Pre-
Anticipate water improvement
Job No.: 201313
Sewer Improvement Plans.
Construction Meeting with
completion late 2014 & retail
Project Contact: Ariel Bacani
District.
center completion late 2015.
6
Shapell Homes T17652 (West of YLHS)
Contractor started water
District to prepare job
Estimate construction start date
Job No.: 201315
and sewer construction.
closing forms.
mid 2014 & 49 -lot housing
Project Contact: Ariel Bacani
tract completion by 2018.
7
Shapell Homes T16208 (North of YLHS)
Continuing plan check.
District staff to prepare
Estimate 40 -lot housing tract
Job No.: 201406
Water & Sewer agreements,
construction start date early
Project Contact: Ariel Bacani
fees and surety bonds.
2015.
8
Shapell Homes T17653 (North of YLHS)
Continuing plan check.
District staff to prepare
Estimate 21 -lot housing tract
Job No.: 201407
Water & Sewer agreements,
construction start date early
Project Contact: Ariel Bacani
fees and surety bonds.
2015.
9
Shapell Homes T17654 (North of YLHS)
Continuing plan check.
District staff to prepare
Estimate 58 -lot housing tract
Job No.: 201408
Water & Sewer agreements,
construction start date early
Project Contact: Ariel Bacani
fees and surety bonds.
2015.
CAPITAL IMPROVEMENT PROJECTS STATUS REPORT
Date: September 1, 2014
New Information since Last Report is Shown in Red
PROPOSED DEVELOPMENT (Continued)
10
Western Pacific Housing T17617 (N. of YL Blvd.)
Continuing plan check.
District staff to prepare
Estimate 80 -unit townhome
Job No.: 201409
Water & Sewer agreements,
tract construction start date
Project Contact: Ariel Bacani
fees and surety bonds.
early 2015.
11
City Ventures, LLC T17547 (E. of Rose)
Continuing plan check.
District staff to prepare
Estimated 18 unit condominium
Job No.: 201405
Water & Sewer agreements,
Tract. Construction start date
Project Contact: Ricardo Hipolito Jr.
fees and surety bonds.
early 2015.
Material Distributed Less Than 72 Hours Prior to the Meeting
AGENDA REPORT
Meeting Date: September 4, 2014
To: Plan ning -E ngineering-
Operations Committee
From: Steve Conklin, Engineering Mgr
Presented By: Steve Conklin, Engineering Mgr
ITEM NO. 4.9.
Budgeted: $350,000.00
Total Budget: $350,000.00
Cost Estimate: $345,780.00
Funding Source: Water Funds
Account No: 101 -2700
Job No: J2012 -13
Dept.: Engineering
Reviewed by Legal: Yes
Prepared By: Steve Conklin, Engineering Mgr. CEQA Compliance: Exempt
Subject: YLHS Park Pipeline Relocation Project - Right of Entry Agreement
SUMMARY:
A Right of Entry Agreement (Agreement) was recently submitted by the Placentia Yorba Linda
Unified School District (PYLUSD). PYLUSD requires this Agreement to be executed prior to
YLWD's Contractor, Vido Samarzich, Inc., starting the YLHS Park Pipeline Relocation Project
work, which is anticipated to begin September 29, 2014.
STAFF RECOMMENDATION:
That the Planning- Engineering- Operations Committee recommend that the Board of Directors
authorize the General Manager to execute the PYLUSD Right of Entry Agreement.
DISCUSSION:
As previously discussed, the proposed YLHS Park, within PYLUSD property located south of
Yorba Linda High School, includes proposed grading with nearly 18 -feet of fill over our existing
39 -inch diameter Bryant Cross Feeder (BCF) pipeline. See attached map. The BCF pipeline
will be unable to support the additional fill, and must be replaced with a new line with
approximately 5 -feet of cover. Per the Pre - Annexation Agreement with PYLUSD, the District is
responsible for design and construction costs for replacing approximately 520 lineal feet of the
BCF pipeline.
Late 2013, PYLUSD stated that the District is required to complete the BCF
relocation work independent from their park work. Consequently, District staff completed
Material Distributed Less Than 72 Hours Prior to the Meeting
specifications in -house and solicited bids in early 2014 after the PYLUSD established a
construction schedule.
On June 21, 2014, the Board awarded the Construction Contract for the YLHS Park Pipeline
Relocation Project to Vido Samazich, Inc. (Vido) for $345,780.
On August 27, 2014, PYLUSD Director of Maintenance and Facilities, Rick Guaderrama,
emailed District staff the attached Agreement and stated that it must be executed prior to Vido
starting the pipeline relocation work. District staff is currently working on procurement of the
additional insurance required per the Agreement.
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 June 21, 2014, the Board awarded the Construction Contract for the YLHS Park Pipeline
Relocation Project to Vido Samazich, Inc. for $345,780.
ATTACHMENTS:
YLHS Park Map
Draft Right of entry Agreement
RIGHT OF ENTRY AGREEMENT
BETWEEN
PLACENTIA - YORBA LINDA UNIFIED SCHOOL DISTRICT
AND
YORBA LINDA WATER DISTRICT
THIS AGREEMENT ( "Agreement ") is approved tered into as of ,
2014, by and between the Placentia -Yorba Linda Unified istrict, a public school district
duly organized and existing under Chapter 1 of Divisi Title 2 of the Education Code of
the State of California ( "District ") and Yorba Linda r ct, a California water district
( "YLWD ").
WHEREAS, District owns certain roperty located a 00 Bastanchury Rd.,
Yorba Linda, CA 92886, commonly known a District's Yorba Lin igh School site and
more particularly described on Exhibit "A" at d her d inc herein by this
reference ( "District Property "); Ahkh,
WHEREAS, YLWD has an
relocate the existing easement to a di;
WHEREAS,
of the District Prom
construction, mstalla
as ingress and egre
connection `_"
District Property and desires to
lct Property;
W13 desires to enter upon a portion
pu s of, at YLWD's sole expense,
pipeline end related appurtenances, as well
employed by or on behalf of YLWD in
V. tenance of the water pipeline and related
n as Exhibit "B" is a map depicting the
herein as Exhibit "C" are the plans and
ion of the water pipeline and related
appurtenances in License A?=�`PlanN
WHE the construction, installation and maintenance of the water pipeline and
related appurten ursuant tol the Plans, as well as ingress and egress of equipment and
persons employed by behalf of YLWD in connection with the construction, installation and
maintenance of the water pipeline and related appurtenances are referred to as "the Work;"
WHEREAS, subject to the terms and conditions set forth below, District desires to
authorize YLWD to enter the License Area on the District Property for the limited purpose of
performing the Work.
NOW THEREFORE, the parties hereto agree as follows:
Section 1. Grant of Entry. Pursuant to the terms of this Agreement, in exchange for
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, District
grants YLWD, including YLWD's agents, employees, contractors, and consultants, a non-
exclusive license to enter upon the License Area at reasonable times for the limited purpose of
005633.00005
12402947.1
performing the Work. The access granted herein is on an "AS -IS" basis and the District makes
no representation or warranty of any kind regarding the condition of the District Property or
License Area.
Section 2. Term. The Agreement shall commence on the Effective Date and shall
remain in effect until the parties execute and record a Grant of Easement for the License Area, or
months from the Effective Date whichever occurs first. This Agreement may be
terminated by District upon thirty (30) days' notice for a material breach of the Agreement,
unless YLWD cures such default within the thirty (30) days, provided that YLWD shall have
such extended period as may be required beyond the thirty (30) days if the nature of the cure is
such that it reasonably requires more than thirty (30) days YLWD commences the cure
within the thirty (30) day period and thereafter continuou diligently pursues the cure to
completion. The District may terminate the Agreeme ediately if, in the District's sole
discretion, there is an actual or potential threat to roperty or in the event that a
natural disaster or emergency makes it necessary the ct to use the Facilities for
alternative purposes. The District may terminat 'Agreement ut cause upon ninety (90)
days written notice.
befefe t4&4".
A. Xactiare ation cces uirements. Prior to entering upon the License Area,
YLWD shae with t e District, either telephonically or in writing, in order to ensure
that Distric not cjlipted. The main point of contact at the District Property is
[name and position of District contact] who shall be contacted at [phone number) at least one
(1) week prior to com ri'y work on the License Area. YLWD acknowledges and agrees
that access during school urs, may be restricted or limited, as determined by the District in the
District's sole discretion. YLWD hereby agrees that all of YLWD's employees, agents,
contractors and subcontractors, who enter onto the District Property or License Area for any
reason or at any time when children are present, shall submit or have submitted their fingerprints
and performed all necessary background checks, without exception, as proscribed by Education
Code Section 45125.1. YLWD hereby waives any right, if any, to challenge the imposition by
District of said fingerprinting requirement.
B. Repairs and Replacements. YLWD shall be responsible for and shall pay for any
repairs or replacements of any character whatsoever which are occasioned or are made necessary
because of the use of the License Area or District Property by YLWD's agents, employees,
005633.00005
12402947.1
contractors, and consultants. In the event that YLWD fails to repair the License Area or District
Property during the term of the Agreement, District may, at District's sole discretion, undertake
any repair of the License Area or District Property and YLWD shall reimburse District for the
costs of such repairs or maintenance within thirty (30) days of invoice by District.
C. Restoration of License Area. Within thirty (30) days of the date of expiration of
this Agreement, or upon notice that this Agreement is terminated, YLWD shall, at its sole
expense, remove from the License Area and District Property all of YLWD's property,
equipment, and fixtures, including the water pipeline and related appurtenances ( "YLWD
Improvements "), and place License Area and District Property in the same order and condition
as existed at the commencement of this Agreement, reasonab wear and tear excepted. In the
District's sole discretion, in lieu of removing the YLW Vork ements, District may allow
YLWD to cap the water pipeline. At the conclusion of n the License Area, YLWD
shall remove all rubbish and debris of the License A t Property. In the event that
YLWD fails to repair and clean up the License Or an Property, District may, at
District's sole discretion, undertake any clean a ititenance an epair of the License Area
and District Property and YLWD shall re' e District for th sts of such clean up,
maintenance and /or repair within thirty (3 0) d invoice by District.
D. Inspection of Work. istrict retains, ut not the Omwon, to inspect
any work upon completion. If Dis cts the wo ct may elect to h e YLWD bring
the work into compliance with the to s Agreem d any applicable laws, ordinances,
rules, and regulations, or may require k ove the and return the License Area to
the same order and condition as existed at th ence of this Agreement, both at
YLWD's sole cost YLWD shall m ' d re License Area and YLWD
Improvements durian erm 's Agree
Section 6.
review.]
risk manager and insurance provider should
Gene bilit Pro e YLWD agrees to maintain in full force
and e throughout dura Nne he greement a suitable policy or policies of
comprehelNi& general lia rty damage in surance, insuring against all bodily
injury, propfxty damage, pers d other loss or liability caused by or connected with
YLWD's use of the District Property, including License Area, under this Agreement. Such
insurance shall be in amounts not �ess than $5,000,000 per occurrence; $5,000,000 for property
damage and $15,000,000 for neral aggregate.
(B) Automobil ili . YLWD also agrees to maintain in full force and effect with
regard to any vehicles which YLWD brings onto the District Property, including License Area,
a suitable policy or policies of automobile liability insurance with a combined single limit of
$1,000,000 per accident.
(C) Pollution Liability. YLWD agrees to maintain in full force and effect throughout
the duration of the Agreement a suitable policy or policies of comprehensive pollution liability
coverage. Such insurance shall be in amounts not less than $1,000,000 per occurrence and
$2,000,000 for general aggregate.
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(D) Workers' Compensation. YLWD shall also maintain, in full force and effect
throughout the term of this Agreement, Workers' Compensation insurance in accordance with
the laws of California, and employers' liability insurance with a limit of not less than $1,000,000
per employee and $1,000,000 per occurrence.
(E) Notice, Additional Named Insureds. All insurance required under this Agreement
shall be issued by a company or companies lawfully authorized to do business in California as
admitted carriers. YLWD shall require all subcontractors to maintain the same policies and
coverage amounts listed above. District shall be designated as an additional named insured.
Prior to entry, YLWD shall provide District with Certificates of Insurance. All insurance
required under this Agreement shall be primary and shall wa* all rights of subrogation. Any
insurance carried by District is excess and non- contributory �uch primary insurance.
Section 7. Indemnification. YLWD
be answerable or accountable in any manner for,
injury to person or property, or both, arising
employees, or invitees, or resulting from YL
Area or from any cause whatsoever arising
performance of activities to construct, install
other use of and operations on the 'strict Prop
District, its officers, agents, empl V inv
each of them harmless from any tii
penalties, obligations or liabilities (c,
any person, firm, association, entitatic
arising out of or in co *th act
the performance of ies struct,
any other use of an tions o e DistriJDi
concurrent passive neg e on art of
the extent tb��es are a nea
005633.00005
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1 Bible for, and District shall not
1 or ex by reason of any damage or
the acts o WD, its agents, officers,
ctivities on the ct Property or License
or in connection this Agreement, the
4intain YLWD vements, and any
Area. YL all indemnify
t and will hold an save them and
damages to persons or property,
t may be asserted or claimed by
L l 1%. ision, or other organization
e t Property or License Area,
Mma the YLWD Improvements, and
rty or Lic*se Area, whether or not there is
its agents, employees or officers, except to
ice or willful misconduct of District, and in
all defend any action or actions filed in
damages, penalties, obligations or liabilities,
ises, including attorneys' fees incurred in
(b) Jud Rend e d. YLWD shall promptly pay any judgment rendered
against YLWD or Distri t covering such claims, damages, penalties, obligations
and liabilities arisMWut of or in connection with such use of and operations on
the District Property or License Area referred to herein and agrees to save and
hold District harmless therefrom; and
(c) Costs and Expenses, Attorneys' Fees. In the event District is made a party
to any action or proceeding filed or prosecuted against YLWD for such damages
or other claims arising out of the use of and operations on the District Property or
License Area referred to herein, YLWD agrees to pay District any and all costs
and expenses incurred by them in such action or proceeding together with
reasonable attorneys' fees.
In the event of the release or discharge of any hazardous materials onto the District Property
subject to the indemnification obligations of this Section , the indemnity obligation includes, but
is not limited to, remedial, removal, response, abatement, cleanup, legal, investigative, and
monitoring costs, penalties, fines and disbursements, (including, without limitations, reasonable
attorneys', consultants', and experts' fees) of any kind whatsoever, which may at any time be
imposed upon or incurred by the District under this Section arising, directly or indirectly, (i)
from requirements of any federal, state or local environmental law; (ii) in connection with claims
by government authorities or third parties related to the condition of the District Property, and /or
(iii) from the failure of YLWD, its agents, officers, employees, or invitees, or any other party
connected with YLWD, to obtain, maintain, or comply with any environmental permit.
The term "hazardous materials" means any hazardous,
containment, pollutant, gas or material, including, wi
other petroleum products and constituents thereof,
under any federal, state or local statute, regulatio�p
effect. 0
This Section 7 shall survive the
Section 8. Compliance m
local laws, ordinances, rules, an
License Area, or to the Work and s
be necessary pertaining to YLWD'
License Area, and shall ensure, and p
with all applicable kfed or 1
Division of the St "L possession of any c sub
Property at any time pro
Upon rea19
YLWD ma3
immediately
lien or claim
rr dangerous substance, waste,
tation, gasoline, waste oil and
iow or may become regulated
6her law now or hereafter in
mply with deral, state or
ie District Praferty, including
any and all permits which may
ie District Property, including
anon, that the Work complies
including compliance with
ts, if applicable. The use or
)bacco products on the District
I'D will not permit any mechanics'
I against the District Property for labor or
IS iy wor performed by YLWD under this Agreement.
such lien or claim delivered to YLWD by District,
ty and the amount of such lien, but YLWD will
will pay all proper costs and charges, and will have the
Section 10. D shall be solely responsible for the payment of all YLWD's
possessory interest taxes, ,during the term of the Agreement. Pursuant to Section 107.6 of
the California Revenue and Taxation Code, District hereby notifies YLWD that: (i) the License
Area subject to possessory interest taxes, and that such taxes shall be paid by YLWD; and (ii)
YLWD may be subject to the payment of property taxes levied on the possessory interest
obtained by YLWD. The parties acknowledge that during the term of this Agreement, YLWD
shall be solely responsible for any and all possessory interest taxes and related charges and
expenses (collectively, "Possessory Interest Taxes ") imposed with respect to the License Area,
and shall indemnify, defend and hold harmless District against all possessory interest taxes. This
statement is intended to comply with Section 107.6 of the Revenue and Taxation Code.
005633.00005
12402947.1
Section 11. Notices. All notices or other communications provided herein shall be in
writing and shall be effective upon (a) personal delivery to any party hereto, as the case may be,
(b) facsimile transmission with a hard copy deposited in overnight mail, (c) one (1) business day
after deposit with an overnight courier service (i.e., Federal Express) or (d) when received if
deposited in the United States mail, certified, postage fully pre -paid and addressed to the
respective parties as follows:
To YLWD:
Yorba Linda Water District
1717 E. Miraloma Ave.
Placentia, CA 92870
Attn:
TelenhaM
Linda Unified School
ange e Ave.
:A 928
Guaderr a, Director of
,e and Facilities
985 -8434 or
Section 12. Le al InterpretWn trumen e parties expressly understand
and agree that this Agreement constitut non- ve lic for use of the License Area,
and is neither intende rties, n% shall it co ed to convey, a leasehold,
easement, or other i in r roperty. kn '**th es that a license is a valid form
of agreement and sh t contest the valid ee form i s Agreement in any action or
proceeding brought by WD against the Dis or by the District against YLWD. Should
either parry be compelled to institute arbitration, e , or other proceedings against the other for
or on ac unt of the other party's failure or refusa perform or fulfill any of the covenants or
condi ' f this Agreem nt o part to be performed or fulfilled, the parties agree that the
rules nciples app le to licenses shall govern such actions or proceedings. This
Agreemen 11 be gove y thes of the State of California with venue in Orange
County.
terms or conditions
tees. If any legal action is necessary to enforce any of the
ent, each party shall bear their own attorneys' fees.
Section 14. EntiyAmement; Amendment. This Agreement constitutes the entire
understanding between the parties with respect to the subject matter hereof, superseding all
negotiations, prior discussions and preliminary agreements made prior to the date hereof. This
Agreement may not be changed except in writing executed by both parties.
Section 15. Successors, Assignment. This Agreement shall be binding and inure to
the benefits of the successors of the respective parties. This Agreement may only be assigned
upon the written consent of both parties.
Section 16. Exhibits. The following exhibits which are attached hereto are
incorporated herein and made a part of this Agreement:
005633.00005
12402947.1
Exhibit "A" - Map of District Property
Exhibit "B" - Legal Description of License Area
Exhibit "C" - Plans and Specifications and Schedule
Section 17. Recitals. The Recitals are incorporated into this Agreement as though
fully set forth herein.
Section 18. Execution in Counterpart. This Agreement may be executed in several
counterparts, and all so executed shall constitute one agreem t binding on all parties hereto,
notwithstanding that all parties are not signatories to the orig* the same counterpart.
IN WITNESS WHEREOF, the parties
set forth above.
Dated: , 2014
PLACENTIA - YORBA LINDA UNIFIED SCHi
an
Dated: , 2014
YORBA LINDA WAT$R DISTRICT
By:
1 V am,,, anu -, 1 Llli
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12402947.1
Agreement as of the day
EXHIBIT "A"
MAP OF DISTRICT PROPERTY
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EXHIBIT `B"
LEGAL DESCRIPTION OF LICENSE AREA
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EXHIBIT "C"
PLANS AND SPECIFICATIONS AND SCHEDULE
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12402947.1