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2009-03-05 - Planning-Engineering-Operations Committee Meeting Agenda Packet
Yorba Linda Water District PLANNING-ENGINEERING-OPERATIONS COMMITTEE MEETING Thursday, March 5, 2009, 4:00 p.m. 1717 E. Miraloma Avenue, Placentia - Tel: (714) 701-3020 AGENDA COMMITTEE STAFF Director Paul R. Armstrong, Vice Chair Ken Vecchiarelli, General Manager Director Michael J. Beverage, Alternate Steve Conklin, Engineering Manager Lee Cory, Operations Manager Ken Mendum, Operations Superintendent John DeCriscio, Chief Plant Operator 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. ACTION ITEMS This portion of the agenda is for items where staff presentations and committee discussions are needed prior to formal committee action. 1. Engineering Services for the Hidden Hills Reservoir Project Recommendation: The Committee support staffs recommendation that the Board of Directors authorize an amendment to the Professional Services Agreement with Carollo Engineers, in the amount of $267,500, for engineering support services for the Hidden Hills Reservoir Project. 2. Construction Management and Inspection for the Hidden Hills Reservoir Project Recommendation: The Committee support staffs recommendation that the Board of Directors authorize the President and Secretary to execute a Professional Services Agreement with Butier, in the amount of $348,520, for Construction Management and Inspection Services for the Hidden Hills Reservoir Project. 3. Approval of Easement Agreement for Hidden Hills Reservoir Project Recommendation: The Committee support staffs recommendation that the Board approve the Temporary Construction Easement and Permanent Access Easement Agreement with Shapell Industries and authorize the Secretary to execute and record the agreement document. 1 4. Award of Construction Contract for the Hidden Hills Reservoir Project Recommendation: To be provided following review of bid documents. 5. Approval of Change Order No. 2 for Highland Reservoir Replacement Project Recommendation: The Committee support staff's recommendation that the Board of Directors approve Change Order No. 2 in the amount of $151,926.55 to Schuler Engineering Corporation for construction of the Highland Reservoir Replacement Project, Job No. 200309. 6. Purchase of Emergency Mobile Equipment Recommendation: The Committee support staffs recommendation that the Board of Directors authorize the General Manager to execute a Purchase Order with Godwin Pumps in the amount not to exceed $138,247.10, to purchase the Godwin Dri-Prime Model HL5M Diesel Pumpset and the Godwin Power Model GHP185kw-R Diesel Generator. 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. 7. Review of Radio Read Meter Replacement Project Phase 1 & 2 - Job Nos. 200512, 200801 and 200802 8. Monthly Groundwater Production and Purchased Water Report 9. Monthly Preventative Maintenance Program Report 10. Monthly MWDOC Managers Meeting Summary Report 11. Monthly OC Groundwater Producers Meeting Summary Report 12. Status Report on Capital Projects in Progress ADJOURNMENT The next regularly scheduled meeting of the Planning-Engineering-Operations Committee will be held April 2, 2009 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 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 internal website accessible at hftp://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. 2 ITEM NO. AGENDA REPORT Committee Meeting Date: March 5, 2009 To: Planning-Engineering-Operations Committee From: Ken Vecchiarelli, General Manager Staff Contact: Steve Conklin, Engineering Manager Joe Polimino, Project Engineer Reviewed by General Counsel: No Budgeted: Yes Total Budget: $ 6,400,000 Funding Source: I.D. No. 2 G.O. Bonds CEQA Account No: 401-2700 Job No: 200028 Compliance: Mitigated Neg. Dec. Estimated Costs: $ 300,000 Dept: Eng Subject: Engineering Services for the Hidden Hills Reservoir Project SUMMARY: The District's 2005 Domestic Water System Master Plan identified the capacity criteria for a 1.86 MG reservoir located north and east of the extension of Hidden Hills Road. This reservoir will provide additional reliability to meet operational, emergency and fire protection needs for the highest elevations in the Hidden Hills community. The District retained Carollo Engineers to design a 2.0 MG reservoir project which includes upgrades to the Santiago Booster Pump Station, which currently serves the community and will provide replenish water to the reservoir. Construction bids for the project were received on February 24 and are currently being evaluated for recommendation to award a construction contract. DISCUSSION: In preparation for construction of the Hidden Hills Reservoir and Santiago Booster Pump Station improvements, the District requested Carollo Engineers to submit a proposal for extending their engineering services into the construction phase. The scope of these services includes submittal review, change order request analysis, answering requests for information (RFI's), preparation and submit of final As-Built drawings for the project. Based on Carollo's performance record, experience and background knowledge with the Hidden Hills Reservoir Project, staff recommends approval of a contract amendment to Carollo Engineers in the amount of $267,500. A copy of the letter proposal from Carollo is attached. PRIOR RELEVANT BOARD ACTION(S): On February 12, 2004, the Board of Directors adopted a Negative Declaration for the Hidden Hills Reservoir project. On November 9, 2004, the Board authorized staff to execute a professional services agreement (PSA) with Carollo Engineers for design of the Hidden Hills Reservoir Project. On November 22, 2005, the Board authorized staff to execute an amendment to the PSA with Carollo for design of the Santiago Booster Station Upgrades. On October 26, 2006, the Board authorized staff to execute an amendment to the PSA with Carollo Engineers for $26,500 for additional services for the Hidden Hills Reservoir Project. •)39(oJd Jioniasaa sll!H uapplH eLp jol seoiAias poddns 6uuaaui6ue jo; '005'L9Z$ ;o ;unowe ay; ui 'sJ99w6u3 oIIoJeO y;inn ;u9w99j6y saowaS leuoissa;ad ay; of ;uawpuawe ue ozuoy;ne sioloaiia ;o pjeog ay; ;ey; uoi;epuawwooai s,4e;s uoddns aauiwwoo ayl :NouvaN3WWO33H d=IVIS c Engineers... Working Wonders With Water- February 11, 2009 Yorba Linda Water District 1717 E. Miraloma Avenue Placentia, California 92870 Attention: Mr. Steve Conklin Subject: Letter Proposal to Extend Engineering Services for the Construction Phase of the Hidden Hills Reservoir Project (Job No. 200028) Dear Mr. Conklin: Camillo Engineers' appreciates the opportunity to submit this letter proposal for Engineering Services for the Construction Phase for the Hidden Hills Reservoir Project. We have enjoyed working with the District on the predesign and design phase of this project and understand the importance of finishing strong with well built and fully functional facilities. Personnel Gary Meyerhofer will continue to serve as Carollo's Partner-in-Charge responsible for overall quality of professional services and contractual issues. Maria Alvarez will serve as Project Manager/Project Engineer with a focus on timely turnaround times for deliverables, QA/QC review, and monitoring of the budget. Technical support will also be provided by discipline engineers Osama Abdel-aal (structural), Jeff Greinke (electrical and instrumentation), and Jason Davis (mechanical/process). Detailed Scope of Work Our understanding of the work requested by the District is presented below. We have taken this scope directly from the Request for Proposal (January 28, 2009). The one clarification we have made is in regards to the submittal count. A quantity of 75 is a reasonable number for a project of this nature. In our experience about one-third of submittals need to be corrected and re-submitted. Thus, we have assumed 75 submittals with 25 re-submittals for a total of 100 reviews. Typically, the re-submittal only takes half the time to review as the original submittal. Please let us know if this assumption needs to be adjusted or removed. 1. Review and be knowledgeable of the contract documents, project plans, technical specifications, and other pertinent project documents prior to the preconstruction meeting. 2. Review submittals/shop drawings received from the construction manager as required. Return completed submittals/shop drawings to the construction manager. Assume 75 submittals/shop drawing for this proposal. 3. Review Request for Information (RFI's) received from the construction manager related to the project. Return completed RFI's to the construction manager for processing. Assume 75 RFI's for this proposal. 4. Effectively and expeditiously communicate with District staff and the construction manager regarding any conflicts or problems related to submittals/shop drawings or RFI's. 5. Perform all duties in a manner that promotes the cost-effective execution and progress of the work. Sol ~yl '~a";~ a ifi r y ni. W4 m~` N~ ~i ll.xO .e Mr. Steve Conklin Yorba Linda Water District February 11, 2009 Page 2 6. Whewrequested from the construction manger, assist with review and evaluation of Change Order requests. Assume 20 Change Order items for this proposal. 7. When requested from the construction manger, attend on site progress meetings. Assume 15 meeting for this proposal. 8. Prepare "As-Built" record drawings based on contractor furnished information, field sketches, and redline records kept during the construction phase. Provide one complete full size set of "As- Built" record drawings on mylar and one copy of the digital graphic file (AutoCAD 2000 or newer) which has been revised to reflect "As-Built" conditions to the District. Staff-Hours and Fees Enclosed are two tables showing our break down of labor hours and fee summary for engineering services related to the construction of the Hidden Hills Reservoir Project. We have provided two summaries: (1) if Carollo is selected to do the CM and inspection and (2) if another firm provides these services. On projects where there is a third party CM, our cost for engineering services during construction typically increases by 20% due to the addition of another party and the extra communication and coordination involved. Please note that our staff hours are based on our current contract for Engineering Services during Construction of the Highland Reservoir Replacement Project. Thank you for considering Carollo Engineers for this project. If you have any questions on our technical proposal or fee summary, please contact me at my office, on my cell phone (714) 585-7641 or via e-mail (gmeverhofer @carol lo.com). Sincerely, LL ENGINEERS, P.C. C I:M G ey rh o er, P in ge Enclosures y U:MA mt2MYw6aLlndaNProp\HiedenHillsFt servar 0209 t:POMBOISEDOCSTwk1in letter - CarOr10.'C~li1. ATTACHMENT ESTIMATED LABOR HOURS & FEE SUMMARY 3RD PARTY CONSTRUCTION MANAGER YORBA LINDA WATER DISTRICT EXTENDED ENGINEERING SERVICES HIDDEN HILLS RESERVOIR PROJECT February 11. 2009 ESTIMATED LABOR HOURS EXPENSES SUBCONSULTANTS TOTAL COSTS m � It E� Lmr 5�i £ a o v R = ti E U 2• z E m 'L � i' 2 a S 9 Classlficadon PIC PM PE CAD WP S/hr $9.00 $200 10% Average Hourly Rate $234 $197 $165 $100 $90 EXTENDED ENGINEERING SERVICES 1 Prepare for Prewnstiucdon Mee6rg 4 16 8 - 2 30 $270 $1,800 $1,300 - $310 $5,800 $3,400 $300 $9,300 2 Revw Shop DravAngs/ SubmlOals (100 WWI, 25% will require re-review) 0 120 240 - 4 364 $3,280 $22,500 $%300 $ 1,000 $3,280 $63,600 $36,100 $3,300 $103,000 3 Review RFI's (75) 0 100 100 - 4 204 $1,840 $6.700 $6,400 $500 $1,360 $36,600 $15,000 $1,800 $53,400 4 Project Communication 24 24 - - 4 52 $470 - - - - $10.700 - $500 $11,200 5 Project Managament (Staffing. Budget and Schedule OA/OC) 24 24 - - 6 54 $490 - - - - $10,900 - $500 $11,400 6 Review Charge Order Proposals (20) 10 50 30 20 4 114 $1,030 $4,000 $2,800 $500 $710 $19,500 $7,800 $1,000 $28,300 7 Progress Meetings (15) 20 60 - - - 80 $720 - $2,800 - $280 $16,500 53,100 $700 $20,300 8 °As -Builr Ramrd Drawings 2 16 24 120 - 162 $1,400 - $8,800 - $860 $19,600 59,500 $1,500 $30,600 TOTALI 84 410 402 140 24 1060 $9,560 $35,000 $31,000 $2,000 $6.800 $183.000 $74,900 $9,600 $267,500 ITEM NO. 02 AGENDA REPORT Committee Meeting Date: March 5, 2009 To: Planning-Engineering-Operations Committee From: Ken Vecchiarelli, General Manager Staff Contact: Steve Conklin, Engineering Manager Joe Polimino, Project Engineer Reviewed by General Counsel: No Budgeted: Yes Total Budget: $ 6,400,000 Funding Source: I.D. No. 2 G.O. Bonds CEQA Account No: 401-2700 Job No: 200028 Compliance: Mitigated Neg. Dec. Estimated Costs: $ 350,000 Dept: Eng Subject: Construction Management and Inspection for the Hidden Hills Reservoir Project SUMMARY: The District recently received bids for construction of the Hidden Hills Reservoir and Santiago Booster Pump Station project. In support of this project, staff has recommended retaining the design engineer, Carollo to continue providing support engineering services for the construction phase. Additionally, staff solicited proposals for construction management and inspection services from five qualified firms, reviewed these proposals and is recommending award of a professional services agreement for these construction support services. DISCUSSION: Construction of the Hidden Hills Reservoir and Santiago Booster Pump Station Improvements could begin in May if the construction contract is awarded in March. In support of this project, the District solicited proposals for construction management and inspection services from five qualified firms. A committee of three District engineering staff individually reviewed the five proposals, evaluated and scored each based on technical presentation, staff qualifications and experience. Following the technical evaluation and ranking, the committee met with the engineering manager to discuss the proposals and open the separately provided envelope from each firm with their proposed fee for services. The combined evaluation score and proposed fee for each firm are as follows: Firm Evaluation Score Proposed Fee Butler 26.05 $348,520 Psomas 25.50 $335,508 RBF 24.98 $424,266 Carollo 24.65 $434,832 Tetra Tech 24.25 $474,755 Based on proposal presentation, staff qualifications, experience and relative fee for services, staff recommends award to Butler for $348,520. A copy of the Proposal by Butler is attached. PRIOR RELEVANT BOARD ACTION(S): On February 12, 2004, the Board of Directors adopted a Negative Declaration for the Hidden Hills Reservoir. On November 9, 2004, the Board authorized staff to execute a professional services agreement (PSA) with Carollo Engineers for design of the Hidden Hills Reservoir Project. On November 22, 2005, the Board authorized staff to execute an amendment to the PSA with Carollo for design of the Santiago Booster Station Upgrades. On October 26, 2006, the Board authorized staff to execute an amendment to the PSA with Carollo Engineers for $26,500 for additional services for the Hidden Hills Reservoir Project. STAFF RECOMMENDATION: The Committee support staffs recommendation that the Board of Directors authorize the President and Secretary to execute a Professional Services Agreement with Butier, in the amount of $348,520, for Construction Management and Inspection Services for the Hidden Hills Reservoir Project. February 11, 2009 Mr. Joseph Polimino Yorba Linda Water District 1717 East Miraloma Ave. Placentia, CA 92870 SUBJECT: Fee Summary and Staff-Hour Allocation Construction Management and Inspection Services for the Construction of the 2.0 Million Gallon Hidden Hills Reservoir Project Dear Mr. Polimino: We have reviewed the contract documents provided by the District and discussed construction sequencing with several of the bidding contractors. It is our opinion that the 400-calendar day schedule will comfortably accommodate the contract work. We have adjusted our man-hours accordingly. We have submitted two separate price proposals. The first is our baseline condition that we believe will be adequate to cover the project should the District receive a low bid from a competent contractor. The current economic environment is generating low bids from contractors that are not familiar with the public markets or regional construction restrictions. We will work with YLWD to implement a staffing plan that will ensure high quality and protect the District from spurious claims. Mark Butier, Jr. and Mark Butier, Sr. will provide 10 hours of time to the project at no charge. We have developed an excellent working rapport with YLWD staff and hope to continue our professional relationship on the Hidden Hills Reservoir Project. The following clarifications are necessary: 1. The rates presented in the cost proposal reflect projected costs for the duration of the contract, including escalations through June 2010. Butier's rates are inclusive of the other direct costs necessary to support the project scope, except for those typically provided by the construction contractor. They are as follows: a Laptops/Software for all field staff e Digital Camera e Electronic vaulting for project data a Consumables for reports a Project Vehicles e Technical support for District Project management staff to Butier server 17782 E. 17th St. a Project Safety Equipment Suite 107 a Field Inspection (small tools) Tustin California a Cell Phone/Two-Way Radio 92780 Tel (714)832-7222 Fax (714)832.7211 BUTTER Construction Managers, Consumng Engineers The following costs are excluded from the fee schedule: • Trailer facilities • Installation of utilities • Cost of utilities • Cost of sanitary services • Copiers, fax machines, and consumables • Phone systems • Broadband connections • Janitorial • Furniture • Travel for In-Plant Inspection • Laboratory Material Testing Fees We look forward to the opportunity to work with the District on this important project. If you have any questions regarding the attached, please contact me directly at (714) 832-7222. Respectfully Yours, eunER Construction Managers, Consulting Engineers Mark M. Butier, Jr. Vice President/CFO i I Yof a Linda Water District Construction Management and Inspection Services Fee Summary, for the Hidden Hllb Reservoir Baseline with Inspectlou Pope 1 ITEM NO. AGENDA REPORT Committee Meeting Date: March 5, 2009 To: Planning-Engineering-Operations Committee From: Ken Vecchiarelli, General Manager Staff Contact: Steve Conklin, Engineering Manager Reviewed by General Counsel: Yes Budgeted: Yes Total Budget: $ 6,400,000 Funding Source: I.D. No. 2 G.O. Bonds CEQA Account No: 401-2700 Job No: 200028 Compliance: Mitigated Neg. Dec. Estimated Costs: $ 10,000 Dept: Eng Subject: Approval of Easement Agreement for Hidden Hills Reservoir Project SUMMARY: The District and Shapell Industries, Inc. have negotiated an agreement for a Temporary Construction Easement and Permanent Access Easement for a roadway across undeveloped property leading to the site of the proposed Hidden Hills Reservoir. The easements are necessary for construction, operation and maintenance of the reservoir project. DISCUSSION: In 2004, the District obtained from Shapell Industries, Inc. a grant deed for the reservoir site; a temporary easement around the reservoir site for construction of the reservoir and a utility easement for pipelines to the proposed reservoir. At that time, Shapell was considering potential development in the area, and various roadway alignments near the reservoir site. As such, easements could not be obtained for the access roadway and construction along it, until the roadway alignment was finalized. Later, however, Shapell decided not to develop the area around the reservoir site, and dedicated the surrounding 1,260 acres to the State as part of Chino Hills State Park. Excluded from the property transfer were four lots at the west end of the proposed roadway to the Hidden Hills Reservoir site. The proposed easements are through the property that comprises the four lots, as shown on Attachment 1. As part of the easement agreement, Shapell requested terms and conditions including reseeding and care of the disturbed property to mitigate against erosion and storm water run off that may violate NPDES requirements. A copy of the agreement negotiated by staff and reviewed by legal counsel is attached for the Board's review and consideration. For the Permanent Access Easement area the District plans to construct an all-weather road. For the Temporary Construction Easement on each side of the road, the agreement requires the District to protect against erosion by reseeding and monitoring to assure adequate regrowth of the graded areas. Both the temporary and permanent easements are provided for in the attached agreement document. Staff has been advised through our environmental consultants that the estimated cost for the reseeding and monitoring effort is approximately $5,000 per acre for a five year effort. The temporary easement area within Shapell's four lots is approximately 2 acres. PRIOR RELEVANT BOARD ACTION(S): N/A. STAFF RECOMMENDATION: The Committee support staff's recommendation that the Board approve the Temporary Construction Easement and Permanent Access Easement Agreement with Shapell Industries and authorize the Secretary to execute and record the agreement document. T L o`rs otOA.)tT LO-r 0 Lo-r 0 Lo-r F-oPFp- T Y TI C,WToF Evi -rF ( `P�R�iT R�Q�1R�v �'DtN STf�f� L o�r �,s /ff .z r Est voc R I JSITE 1 � t RECORDING REOUESTED BY: Yorba Linda Water District WHEN RECORDED MAIL TO: Yorba Linda Water District P.O. Box 309 Yorba Linda, CA 92885-0309 This is to certify that this TEMPORARY CONSTRUCTION EASEMENT AND PERMANENT SPACE ABOVE THIS LINE FOR RECORDER'S USE ACCESS EASEMENT AGREEMENT is presented for recording under the provisions of Gov. Code Sec. 6103 by the Yorba Linda Water District in performance of an official service thereof. Secretary TEMPORARY CONSTRUCTION EASEMENT AND PERMANENT ACCESS EASEMENT AGREEMENT Job No. 200028 I THIS TEMPORARY CONSTRUCTION EASEMENT AND PERMANENT ACCESS EASEMENT AGREEMENT ("Agreement") is made as of January 2009 (the "Effective Date"), by and between YORBA LINDA WATER DISTRICT, a public agency ("District"), and SHAPELL INDUSTRIES, INC., a Delaware corporation ("Shavell"). A. Shapell is the owner of that certain land located in Orange County, California, more particularly described on Exhibit C-1 and Exhibit C-2 attached hereto and incorporated herein (the "Servient Estate"). B. District is the owner of that certain real property located approximately seven hundred (700) feet to the east of the easterly boundary of the Servient Estate (the "Dominant Estate"). District intends to construct a water reservoir with a capacity of approximately 2,000,000 gallons and other incidental improvements on the Dominant Estate and District desires to construct and pave an access road within the Servient Estate (the "Access Road") to enable it to access the Dominant Estate. C. District desires to construct certain improvements on the Servient Estate (the "Utili Improvements") in accordance with that certain Deed of Easement granted by Shapell to District, recorded in the Official Records of Orange County on June 1, 2004 as Instrument Number 2004000488946 (the "Original Easement") that burdens the Servient Estate. 1 D. Each of District and Shapell desire to enter into this Agreement for the purpose of providing: (i) a temporary easement over, upon and across that portion of the Servient Estate ("Construction Easement Area") being more particularly described on Exhibit B attached hereto and incorporated herein by reference, during construction of the Utility Improvements and the Access Road by District; and (ii) a permanent means of ingress and egress to the Dominant Estate over, upon and across that portion of the Servient Estate ("Permanent Easement Area") being more particularly described on Exhibit A attached hereto and incorporated herein by reference. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged and confessed, Shapell and District agree as follows: 1. Grant. Shapell has GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does hereby GRANT, BARGAIN, SELL and CONVEY, unto District the following easement rights (hereinafter, collectively, the "Easements"): (a) a temporary, private, non-exclusive easement (the "Construction Easement") over, upon and across the Construction Easement Area for use during District's construction of the Utility Improvements and the Access Road and for performance of the maintenance required under Section 7(e) below; subject, however, to any and all title exceptions affecting the Construction Easement Area as of the date of this Agreement. (b) a perpetual, private, non-exclusive easement (the "Permanent Access Easement") over, upon and across the Permanent Easement Area to provide ingress and egress to the Dominant Estate including the right to maintain the Access Road; subject, however, to any and all title exceptions affecting the Permanent Easement Area as of the date of this Agreement. TO HAVE AND TO HOLD said Easements, together with, all and singular, all rights, titles, interests, privileges and hereditaments thereto in anywise belonging, unto District, its successors and assigns, until the termination of the Easements pursuant hereto. 2. Beneficiary. The Easements are hereby created for the benefit of, and as an easement appurtenant to, the Dominant Estate for the benefit of the District, its employees, agents, and successor agencies (collectively, the "District Parties"). 3. Duration. (a) Duration of Permanent Access Easement. So long as District complies with its obligations hereunder, the Permanent Access Easement shall be permanent and perpetual for as long as District shall have need for the Permanent Access Easement. (b) Duration of Construction Easement. District shall give Shapell no less than ten (10) days' advance written notice prior to commencing construction of the Utility Improvements ("Commencement Notice"). So long as District complies with its obligations hereunder, the Construction Easement shall be in effect (i) for a period of twenty four (24) months from Shapell's receipt of the Commencement Notice; or (ii) until the completion of the Utility Improvements, Access Road and District's maintenance obligations under Section 7(e) 2 below, whichever occurs first (the "Use Period"); provided, however, that District reserves the right to extend the Use Period as may be reasonably required to accommodate delays in construction of the Utility Improvements and the Access Road upon delivery of no less than ten (10) days' advance written notice to Shapell of District's intent to so extend. Upon the request of Shapell, after the completion of such Utility Improvements and the Access Road, District shall execute and deliver to Shapell a release or termination of the Construction Easement, which may be recorded by Shapell. 4. Non-Exclusive Right. The Easements herein created are not exclusive, and Shapell hereby expressly reserves the right, for itself and its successors and assigns, without the prior written consent of District, to grant such other similar easements, rights, benefits, rights-of-way and privileges to such other persons and for such other purposes, and to make or construct improvements over, across, upon and under the Servient Estate (including the Construction Easement Area and the Permanent Easement Area), as Shapell, in its sole and absolute discretion, may elect; provided, however, any such easements, rights, benefits, rights-of-way and privileges hereafter granted, and such improvements hereafter made or constructed upon, over, across or under such Servient Estate shall not interfere with or restrict the use of the Easements and the other rights and benefits appurtenant thereto or granted herein to District or the rights and benefits as set forth in the Original Easement. Notwithstanding anything to the contrary contained herein, Shapell hereby acknowledges that use of any part of the Permanent Easement Area, or the adjoining lands for fences, structures, trees and other things now and hereafter on any part of the Permanent Easement Area constituting an interference with the exercise of the rights granted in this Agreement exist and will continue to exist by permission of District and its successors, and not adversely to the Original Easement or Permanent Access Easement and each successor in interest of Shapell by acceptance of a conveyance of any part of the Servient Estate admits and agrees that any such use is a continuing permissive use. 5. Indemnification. District agrees to indemnify and hold harmless Shapell from any and all liability or damages which Shapell may suffer as a result of claims, demands, costs, liens, judgments or awards against Shapell arising out of or as a result of any use of the Easements by the District Parties or their contractors except to the extent due to the negligence or willful misconduct of Shapell or any agent, employee, tenant, licensee, guest, successor or assign of Shapell. 6. Dedication Disclaimer. The Easements are not public easements or rights-of-way, but each is a private, non-exclusive and limited easement for the exclusive use and benefit of the District Parties and their contractors, and this Agreement is not intended, and shall not be construed, to be a dedication to the public of the Construction Easement Area or Permanent Easement Area. 7. Conditions of Grant of Easements. District will at all times comply with the following terms and conditions during the term of this Agreement: (a) Government Regulations and Other Obligations. District agrees that in connection with the Easements and Utility Improvements and Access Road contemplated herein to obtain, at its sole cost and expense, all governmental permits and authorizations of whatever 3 nature required by any and all applicable governmental agencies for District's use of the Construction Easement Area and Permanent Easement Area and construction of the Utility Improvements and Access Road. While on the Servient Estate, the District Parties and their contractors, in constructing the Utility Improvements and accessing the Dominant Estate, shall comply with all applicable laws and regulations. (b) Erosion Control. Before entering the Construction Easement Area or Permanent Easement Area or constructing any Utility Improvements or the Access Road, District shall prepare and submit to Shapell an erosion control plan (the "Erosion Control Plan") for Shapell's reasonable approval. District shall comply with such Erosion Control Plan and shall install all erosion control measures required thereunder or as otherwise required by the City of Yorba Linda or by any applicable governmental or quasi-governmental agency or authority. (c) Staging. District shall be solely responsible for any staging of equipment or materials on the Construction Easement Area or Permanent Easement Area and such equipment and materials shall be removed upon the earlier of the completion of the Access Road and Utility Improvements or the termination of this Agreement. (d) Excavation and Removal of Soils. District shall ensure that any soils and vegetation excavated from the Servient Estate in accordance with this Agreement are removed from the Servient Estate and disposed of in accordance with applicable law. (e) Maintenance and Repair of Damage. The costs of construction and maintenance of the Utility Improvements and the Access Road shall be borne solely by District. District agrees that if the condition of either the Construction Easement Area or the Permanent Easement Area is damaged by any of the District Parties or their contractors, District will, within a reasonable time period, restore the affected area to substantially the condition that existed before such damage. Promptly after the earlier of the termination of this Agreement or completion of the Utility Improvements and Access Road, District shall hydroseed the affected areas of the Servient Estate with native grasses after providing such hydroseed for Shapell's reasonable approval. In addition, District shall irrigate and maintain such hydroseeded area of the Servient Estate until (i) District has complied with all requirements of the Regional Water Quality Control Board ("RWOCB") and has received written acceptance from the RWQCB of the Notice of Termination of District's Storm Water Pollution Prevention Plan for the improvements described herein; or (ii) development of a material part of the Servient Estate, whichever occurs first. This Section 7(e) shall survive the termination or earlier expiration of this Agreement. (f) Inspection. Shapell shall have a right but not an obligation to have a representative present to inspect the Construction Easement Area during construction of the Access Road and Utility Improvements and to have its own engineers verify that the construction of the Access Road and Utility Improvements has been properly performed in accordance with this Agreement and the plans and specifications previously provided to Shapell by District. 8. Binding Effect. Shapell and District covenant and agree that the servitudes, easements, rights, rights-of-way, privileges, agreements, covenants and restrictions and all other 4 terms, conditions and provisions hereof shall be binding upon their respective successors and assigns and all other persons or entities having or hereafter acquiring any right, title or interest in the Servient Estate or the Dominant Estate, and all other persons and entities claiming by, through or under Shapell or District and their respective successors and assigns. 10. Insurance. (a) Liability Coverage. Prior to and at all times after entering into the Servient Estate during construction of the Utility Improvements and Access Road or undertaking its maintenance obligations pursuant to Section 7(e) above, District and its contractors shall at its sole expense maintain with a reputable company reasonably acceptable to Shapell, (i) a policy or policies of commercial general liability insurance with respect to its operations on or about the Servient Estate, including but not limited to owned, nonowned and hired automobile (vehicle) liability, personal injury blanket contractual, broad form property damage and product/completed operations liability coverage for not less than One Million Dollars ($1,000,000.00) combined single limit bodily injury, death and property damage liability per occurrence, Two Million Dollars ($2,000,000) aggregate and (ii) workers compensation insurance in an amount required by law, together with employers liability insurance, with a waiver of subrogation endorsement by the insurance carrier. (b) Additional Insured Status. District shall provide that the policy of insurance required above shall be primary and shall name Shapell (or, if Shapell has sold any portion of the Servient Estate, its successors or assigns), as additional insured, with the provision that any other insurance carried by Shapell shall be noncontributing. 11. Right to Relocate. Shapell shall have a one-time right to relocate the Access Road, Permanent Access Easement and Construction Easement at its sole cost and expense upon receiving the prior approval of District, which approval may not be unreasonably withheld or delayed. 12. Miscellaneous. (a) Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given when delivered by U.S. mail, registered or certified, return receipt requested, postage prepaid, or by overnight delivery service showing receipt of delivery, or by personal delivery, or by facsimile transmission during normal business hours and shall be addressed as follows: If to District: Yorba Linda Water District 1717 E. Miraloma Avenue Placentia, California 92870 Attention: General Manager Facsimile: (714) 701-3108 If to Shapell: Shapell Industries, Inc. Wilshire-San Vicente Plaza 5 8383 Wilshire Boulevard Suite 700 Beverly Hills, California 90211 Attention: Thomas Ingram, General Counsel Facsimile: (323) 653-4345 Notices as aforesaid shall be effective upon the earlier of actual receipt, or twenty-four (24) hours after deposit with the messenger or delivery service, or the next business day after delivery to an overnight delivery service, or within three days after the deposit in the U.S. mail, or upon machine-printed confirmation of transmission by facsimile. Each party shall notify the others of any change of its address by one of the aforementioned means no later than ten (10) days prior to the effective date of such change of address. (b) Governing Law. This Agreement shall be governed by, construed and enforced in accordance with, the laws of the State of California. (c) Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof and supersedes all prior agreements and understandings between the parties relating to the Easements granted herein. This Agreement shall not affect the rights granted in the Original Easement. (d) Enforcement. If either party hereto fails to perform any of its obligations under this Agreement or if a dispute arises between the parties hereto concerning the meaning or interpretation of any provision of this Agreement, then the party not prevailing in such dispute shall pay any and all reasonable costs and expenses incurred by the other party on account of such default and/or in enforcing or establishing its rights hereunder, including, without limitation, costs and expenses incurred in any bankruptcy proceedings, costs of arbitration and reasonable attorneys' fees and costs. Any such reasonable attorneys' fees and other expenses incurred by either party in enforcing a judgment in its favor under this Agreement shall be recoverable separately from and in addition to any other amount included in such judgment, and such attorneys' fees obligation is intended to be severable from the other provisions of this Agreement and to survive and not be merged into any such judgment. (e) Time of the Essence. Time is of the essence of this Agreement. (f) Severability. If any provision of this Agreement, or the application thereof to any person, place, or circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of this Agreement and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. (g) Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed originals, and all of which taken together shall constitute one instrument. [SIGNATURES APPEAR ON FOLLOWING PAGE] 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above. SHAPELL: SHAPELL INDUSTRIES, INC. a Delaware corporation By: Name: Its: DISTRICT: YORBA LINDA WATER DISTRICT a public corporation By: Ken Vecchiarelli General Manager 7 STATE OF CALIFORNIA ) COUNTY OF ) On January 2009 before me, a Notary Public, personally appeared Ken Vecchiarelli, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) STATE OF CALIFORNIA ) COUNTY OF On January , 2009 before me, a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 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No N ~»a ! . g 26 e 16241 LAGUNA CANYON ROAD n SURE 20D O;v N. W P4.S. 4131 Cab ICA 92618 OF CpUf LLwm eWrm due X 2004 727-7099 FA 949 727-7097 4 EXHIBIT A LOCATION OF PERMANENT EASEMENT AREA EMBIT "No SHEET 3 OF 4 CURVE DATA R L G 19'06'57° 550.00' 183.50' H 12'10'36° 350.00' 74.38' W W vJ W W co W / i z H U i LU CD W 0° w W z Ammm J -rRAC-r No. 13230 1`ilm 680/1-is 0 UTILITY EASEMENT a 0• gp' 120' pNP~_ ~p% c GRAPHIC SCALE: 1°-fi0' 4~hT j c Na 4131 a- $ P d u the alroWan of: e TETRA TECH, INC. a 16241 LAGUNA CANYON ROAD , SUf1E 200 949) DoWd H. IDama, PIS 41 1 Dab ~ IRVINE, CA 926111 ~ C ` 727-7099 FAX: 949 727-7097 Al1i'~ °i~"~ June 30. 2004 z EXHIBIT A LOCATION OF PERMANENT EASEMENT AREA EXHIBIT ' A" SHEET 4 OF '4 CURVE DATA Q R L 1 12'41'50" 800.00' 177.29' 1 PARC€L 4 P.M. No. j 757'43" 345.00' 47.94' y 87-434 K 2875218" 345.00' 173.85' ' P.0.8.232/26-2 1 J L~L1 r ~ Ua T U) Lu 1 rj) w z J Z f- °~r] r I~~ )3ry 1 Tlr~~ 3 NO, -fig Y-320 ►Imm CsJ/-1-18 n a UTILITY EASEMENT 0• ` 50• 120' ~Npl LgryO o GRAPHIC SCALE: 1 --60 &4I'T a l Nw 4131 i f the difeatlon Of: o TETRA TECH INC. « Dp. ease * 3 16241 LAGUNA CANYON ROAD PLS. 4131 Date n SUITE 200 ~f0 Uaon~ axpira+ dune 30.2M i 1949727 7099 FAX: 949 727-7097 rA4 t EXHIBIT B LOCATION OF CONSTRUCTION EASEMENT AREA THOSE PORTIONS OF TRACT NO. 13230, IN THE CITY OF YORBA LINDA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 660, PAGES 1 THROUGH 16 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 3 OF TRACT NO. 13669 AS SHOWN ON A MAP FILED IN BOOK 646, PAGES 17 AND 18 OF MISCELLANEOUS MAPS IN SAID OFFICE OF THE COUNTY RECORDER; THENCE ALONG NORTHEASTERLY LINE OF SAID TRACT NO. 13669 SOUTH 32040'29" EAST 27.43 FEET; THENCE NORTH 52°33'20° EAST 204.34 FEET; THENCE SOUTH 87°57'57" EAST 165.96 FEET; THENCE NORTH 49°26'03' EAST 178.78 FEET; THENCE NORTH 64°47'38" EAST 83.57 FEET TO THE NORTHEASTERLY LINE OF PARCEL 2 OF LOT LINE ADJUSTMENT 2004.03 RECORDED MAY 5, 2004 AS INSTRUMENT NO. 2004000392301 OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 32`40'30' WEST 53,02 FEET TO THE SOUTHERLY LINE OF HIDDEN HILLS ROAD; THENCE NORTH 20"51'48" WEST 30.00 FEET TO THE CENTERLINE OF HIDDEN HILLS ROAD BEING A NONTANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 425.00 FEET, A RADIAL BEARING TO SAID CURVE BEARS NORTH 20'51'48" WEST; THENCE WESTERLY 7.53 FEET ALONG SAID CURVE AND SAID CENTERLINE THROUGH A CENTRAL ANGLE OF 01°00'55"; THENCE NONTANGENT NORTH 21'52°43" WEST 1.16 FEET; THENCE SOUTH 67°10'18" WEST 85.60 FEET; THENCE SOUTH 79'45'06" WEST 114.66 FEET; THENCE NORTH 87006'40' WEST 152.35 FEET; THENCE SOUTH 54010'56" WEST 125.18 FEET; THENCE SOUTH 39°20'03" WEST 181.83 FEET TO THE NORTHWESTERLY EXTENSION OF THE NORTHEASTERLY LINE OF SAID TRACT NO. 13669; THENCE ALONG SAID LINE AND SAID NORTHEASTERLY LINE SOUTH 42°19'22" EAST 78.82 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE 20.00 FOOT UTILITY EASEMENT DESCRIBED IN THE DEED OF EASEMENT TO THE YORBA LINDA WATER DISTRICT RECORDED JUNE 1, 2004 AS DOCUMENT NO. 2004000488946 OF OFFICE RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT `B" ATTACHED HERETO AND MADE A PART HEREOF. 7 =na°o 0111 + l'l:v$dgr ~431~i " I°,~ 6 m \ la~l [ 4 5 F C" (D E 9 n n 3 C 17 Z © U mob= ' 15 fr 10 O c 2 * 20' O UTILITY 'EASEMENT Z o - D PER DOC, rn \O 2004000488946 O.R. > y ~ 11 F,s. vl~_ A W 12 BEARING DISTANCE Z 1 N42. 19' 22' W 78. 82' 2 N39° 20'03'E 181. 83' y IVIS~ K,14. 3 N54° 10' S6' E 125. 18' m O c~~0 13 ~r l . 9 . 4 S87 06' kO" E 152 35' w S N79' 45' 08' E 114 66' a gF~pPO 1 P.O.B. 6 N67. 10' 18' E 85 60' .9(j) 14 (WILY CORNER LOT 3 7 S21'52'43'E(RAD) 1, 16' y TR NO 13669) 8 S20° 51' 48' E(RAD) 30. 00' Lij~ ~9 1~.:!•J~°rJi, 9 S32' 4C' 30' E 53- 02' n~ C 1L• 10 S64° 47' 38' W 83 57' ~5N 1` ~p• BEARING RADIUS LENGTH \49'26'03`E 178 78' 9~ .F . 1 fX ap,pG A 15'58'32' 230. 00' 64. 13' 12 \87-57'57'W 165 96' Z 13 S52° 33' 20' W 204. 34' = ~i p B 29° 00' 33' 207. CO' 104. 81' 9p C 31'08'50' 150. Co' 81. 54' 14 N32' 40' 29' W 27. 43' ~m~ I.'•g 1 _ " < cS D 33° 5T O4' 150 00' BB. 88' 15 N60°22'49'E 62. 19' pp. E 07'44'21' 750. 00' 101. 31' 16 S88' 28' 2's' E 70. 51' ® y F 01'00'55' 425. 00' 7. 53' 17 N65' 18' S6' E 95 51' EXHIBIT C-1 LEGAL DESCRIPTION OF SERVIENT ESTATE Parcels 1 and 2 of a portion of the property more particularly described in that certain Application for Lot Line Adjustment No. LL 2004-02, recorded on May 5, 2004 as Instrument No. 2004000392299, in the Official Records of Orange County, California. Parcel I Those portions of Letts 1 and 2, of Tract No. 13230, in the City of Yorba Linda, County of Orange. State of California as shown on a map filed in Book 660, Pnges 1 through 16, inclusive, of Miscellaneous Maps, to the Offer of the County Recorder of said County, described as follows: Commencing at the mom westerly corner of said Lot 2; thence North 68®00'00" past 60 63 feet along the northwesterly line of said Lot 2 to the True Point of Beginning; thence leaving said northwesterly line, South 30'15°fk0' East 524.47 feet; thence South 5"2719" East 30.76 feet to the beginning of a tangent curve concave. westerly having a radius of 50.00 feet; thence southerly 34.58 feet along said curve through a central angle of 39°3751 thence tangent from said curve South 341032" West 25,83 feet to the southwesterly line of &Oil Lot 2; thence South 3(1`15'00" East 13.99 feet along said southwesterly line to a point on a non-tangent curve concave southeasterly having a radius of 250.00 feet, a radial line to said point on said curve bears North 39°18'36" West, said point also being the most southerly corner of said Lot 2; thence along the general southeasterly line of said Lnt I the following courses: southwesterly 840.04 feet along said curve through a antral angle of IT15'36" to the beginning of a tangent reverse curve concave northwesterly having a radiun of 205.00 feet, southwesterly 58.12 feet along said curve through a central angle of 1614"44"° along a radial tine to said curve South 42°19'28" East 2.00 feet to the beginning of a non-tangent curve concave northwesterly having a radius of 207.00 feet, a radial line to the beginning of said curve bears South 42°19°'28' East, southwester IV 31 66 feet along said curve through a central angle of 8'45'47" and tangent from said curve, South 562619' West 74.79 feet; thence North 33°33'41" West 284,86 feet along the southwesterly line of said Lot 1 and the northeasterly line of parcel 5 of City of Yorba Linda Lot Line Adjustment LL 95.0:. recorded August 13. 1996 as Instrument No. 199604 1 3 14 5 of Official Records, in the office of said County Recorder, to the northwesterly line of said Parcel S. thence South 32°05'54" West 80.34 feet along said Bast mentioned northwesterly tine to the southwesterly lent of said Lot I; thence along said last mentioned southwesterly line and the northwesterly line of said Lot I the following courses: North 35°20'x' West 389.05 feet, North 36°45'00" East 103.44 feet and North 61020'00° East 266.16 feet to said most westerly corner of Lot 2: thence North 68"00'0t1" East 60 63' along said northwesterly line of Lot 2 to the True Point of BeVnning. Contains an area of 5.366 acres, more at less. 9 EXHIBIT C-1 LEGAL DESCRIPTION OF SERVIENT ESTATE Parcel 2 Those portions of Lots 2 and 3, of Tract No. 93230, on the City of Yorba Landa, County of Orange, State of California as shown on a map filed in hook 660, Pages I through 16, inclusive, of Miscellaneous Maps, in the Office of the County Recorder of said County, described as folloxN: Commencing at the most westerly corner of ;aid lot 2, thence North 68'W(lfr East 60.63 feet along; the northwesterly line of said Lot 2 to the True Point of Beginning; thence leaving said rorthucsterly 9ne. South 30°15'0(y' Fast 524.47 feet; thence South 5'27'19" East 30.76 tees a the beginning of a M&oenl curie Concave westerly having a radius of 50.00 feet; thence southerly 34.58 feet along said cure through a central angle of 39°37'51"; thence tangent from said curve South 34'1032° West 25.83 feet to the southwesterly line of said lot 2. thence South 30°15'00" Fast 13.99 feet along said southwesterly line to a point on a nun-tangent curve oitcavc southeasterly having a radius of 250.00 feet, a radial line to said point on said curve bears North 39'1$'36 Wc-4, said point also being the most southerly comer of said Lot 2; thence along the southeasterly line of said Lot 2.,nd a portion of the southeasterly line of said Lot 3 the following courses: easterly 17333 feet along said curve through a central angle of 3946'15" to the beginning of a tangent reverse curie concave northerly having a radius of 175 00 feet, easterly 104.24 feet along said curve through a central angle of 34'07'39"; thence tangent Irom curve. North 56°20'00" Fast 120.08', to the beginning of a tangent curve concave southeasterly having a radius of 450.011 feet ono northeasterly 92.57 feet along said curve through a central angle of I I "471 I". thence non tangent from stud curve and leaving said southeasterly line. North 29'0724" West 495.52 feet to and angle point in the northerly line of %;ud Lot 3; thence along the said northerly tine and northerly line of Lot 2 the following courses. North 59°45'00" West 211.43 feet, South 37°25'00" West 139.73 feet and South 68"00`00" West 197.45 feet to the 'True Point of Beginning. Contains an area of 6.082 acres, more or less. 10 II a 73N. 3H >G-z¢-s C3SUA3L/ s . .F oMa ( 3NI' 101 GBIAM o. ON V- v°B~ \ M ?l16 38 01 3NI 101 - - .>rz 7- 0 AA / ! ' N3 AIH 1 D NIVW38 ®1 3Nn 101 s Z I / GN3031 Jra• c ~s ar: r 40a or '.:.'i115 'iH. hC '3HfU7NN:5 ON 3tl3 3ig114 Wall :31ON t 6 9y ✓ v - .y c)11\ t ;4 a L to I \ l 1300Yd ex lcl~ Z 130UVd 'oa 5, ~5 ~i o~ C.LI"1 ON ~9vL+l N.id l T`~r,', 34Ndt YBNOA 1a• Ad IJ iNl F.. i"q y.; ~9H ' of 91 -N3N ia; 1')VNI3M1` 9 NYNfl 14801: 34VA C L!J -6~ 90NiAL a9 Kam r VdBSw)- f ti I Jro LB BJ a ..~4 Or. £ 130dVd ~ tIR O'J• - p0,5 ••'gN a !a ii T.. ` .~..p2 f~, CJ v>b S t0.6"s 8'J _ •a"Se et.sb Z° °A''C „`.fS 26 C1CRo ,u.fo,ot 4J - - oa i01 ,L7 . i .GC.LO.r; - SJ .55c. [1. ^C II L 1'4SY. „5L9r,6 V rJ ! ° 3 ~ I.vb sB JJSb ~.9C_.5~1.6i t jSit Z - or,r1.9T l i. G7 ,f97$ 3,tY_, .99N e' , 99IC .UU fOG Gro SO,B q l7 3oJ9zscN .~Z ,k.-.Ba 6.. r5 { y N!'JN;1 S'11ntlb 3-134 3nN J 311334 3nena- N1ryN-____ Jti 9Y35 a!f"' 09t-.1:31VOS . Jv 3m7 A 5133HS Z d0 1 133HS CO V Z0 '10°1C0-,6ZC C dP Z•1 avd ° 0CZC1 '0'v iDydl c -v z 510'. •00°S6 117 104 5318ll5C13N1 1l3ddF6 N3SPiVN 33N3S333~ WrIVIn'' d.v S13J21=°d 03'Z0d0+Yd S13aWd ONUS;X3 S63NMO a.tvisa .LAIawiaS 30 N o LamisaQ ivgai T-3 .LIfiIHxa EXHIBIT C-2 LEGAL DESCRIPTION OF SERVIENT ESTATE Parcels 1 and 2 of a portion of the property more particularly described in that certain Application for Lot Line Adjustment No. LL 2004-03, recorded on May 5, 2004 as Instrument No. 2004000392301, in the Official Records of Orange County, California. Parcel I Those portions of Lots 4, 5 and 8 of Tract No. 13230, in the City of Yorba Linda, County of Orange, State of California, as shown on a map filed in [rook 660, Pages I through 16, inclusive, of Miscellaneous 'Naps, in the Office of the County Recorder of said County, described as follows: Beginning at the most westerly corner of said Lot e, said corner being on a curve concave northwesterly having a radius of 260.W feet, a radial line to said most westerly comer bears South 42`08'14" East; thence along the northwesterly line of said tot 4 the following courses. northeasterly 74.57 feet along said carve through a central angle of 16°25'58" to the beginning of a tangent reverse curve concave southeasterly having a radius of 195.00 feet and northeasterly 17.76 feet along said curve through a central angle of 5°13'06'; thence leaving said northwesterly line, non-tangent from said curve, South 68°58'47' Bast 244.72 teet; thence South 32"40'35" East 722.21 feet to the northerly line of said Lot 8: thence North 86"20'00" West 527 71 feet along said northerly line and its westerly prolongation to the westerly line of slid Lot 4: thence along the said westerly line the following courses: North 3°20'tN➢" West 286.37 fee:, North 3125'00' West 97 60 feet, North 27"34'55" East 60-37 feet and North 3204035" West 282.93 feet to the Point of Beginning. Contains an area of 5.135 acres, more or less. Parcel 2 Those portions of Lots 4 and 5 of Tract No, 13230, in the City of Yorba Linda. County of Orange, State of California as %!town on a map filed in Book 66Q Pages 1 through 16, inclusive, of Miscellaneous Maps, in the Office of the County Recorder of said County, described as follows: Commencing at the most westerly comer of said Lot 4, said comer being on a curve concave northwesterly having a radius of 260.00 felt, a radial line to said most westerly comer, bears South 42'M'14" Last: thence along the northwesterly line of said Lot 4 the following courses: northeasterly 74.57 feet along said curve through a central angle 16"25'58' to the beginning of a tangent reverse curve concave southeasterly having a radius of 195410 and northeasterly 17.76 feet along said curve through a central angle of 5"13'06" to the Truc Point of Hegtnning; thcncc leaving said northwesterly line and non-tangent from said curve, South 68"58'47" East 244.72 feet: thence South 12 EXHIBIT C-2 LEGAL DESCRIPTION OF SERVIENT ESTATE 3r41'35' least 722.21 lee( to the northeriv hne of sayd Lot 5: Ownce South 96"010 First 310.61 feet along said northerly :itte to the southeasterly corner of sand U1 5: therue along ttwomerty and northerly limes of uaid Cot 5 the foltc»viag Bourns: North i',.M" West 216.49 feet and north 3r40*3S° Wrzt 347.19 fee: In a paint on a son tangent cum concave southeasterly having a radius of 394.00 feci, a radial litre to the hxpnrung of said curre bean North 20"51'54" West, southeaserly W20 feet along said curve through a central of 9248.1w. to gent from sand rurvw. South 44S°7.1Yfv West 920.(18 loet to the, heginnirg of a tangent curve confine nonhweslerle having a robots of 23(3.00 feet, westerly 137.100 feet along said curve through a central aa4c of 3+1°0'39" to the beginning of a tangent reverse cwvc cvnceve eoudw4statly leaving a ra:liuv of 195.00 fcea and southeasterly 193. 14 feet along said curve through a central angle of 53°4845" to the Truc Point o° ttegenrung. Contains tin area of 8-178 acres, mote at 1m. 13 EXHIBIT C-2 LEGAL DESCRIPTION OF SERVIENT ESTATE (MAP) OWNERS EXISTING PARCELS P PROPOSED PARCELS A.P. NUMBER REFERENCE NJM8ER ' SHAPELL INDUSTRtl~__ LOTS 4,5 & 8 TRACT NO. 13230 T PARCEL 1,2 & 3 329--032-01, 02 & OS SHEET I OF 2 SHEETS . SCALE: I-=200' ~,n ea r 5) CIS S66- 4.4 hJ 1 J~~ \ L HIDDEN IXEN LANE PARCEL 2 _ ryl 18.478 AC.) \ PARCEL,-Z i ,5135 AO) I^ am a I W a JJ ~I_ I E i W P.O.R. PCL . , 82 60' m w w lANO Si,_ Neti°20'00'W 5 ~1 ~ - 58G°2G'OO,E IS a4 b ~ .7,O bl' i 1 Ea4t valvoe a I PARCEL 3 s`6.20•oO"E , ra 7a- (9 372 AC.) - v} No. 8409 : ke~•20•GO^" OF CAJFd s ` s3a.27 N 4cense u. r /3'%Oa Iv+ co -NOTE: r V III- - ' THERE ARE NO S7RJCFJRES C's 'PE I Q m .o - - 2. SEE SHE=T 2 .OR -ME ANO CURVE ~ U..'~ TABLES. I? LEGEND - LOT LANE 70 REMAIN i -a-- - L07 UNE TO 95. ~I NaR°20'00", w 0. 12-23ax ~JA (.A NO 1 OM RELnSEO ,ae A REVISE) LOT -iNE -=i "WG By 5::E5 ,:r+E::LtE7 dv ~ 14 ITEM NO. AGENDA REPORT Committee Meeting Date: March 5, 2009 To: Planning-Engineering-Operations Committee From: Steve Conklin, Engineering Manager Staff Contact: Joe Polimino, Project Engineer Reviewed by General Counsel: Yes Budgeted: Yes Total Budget: $ 6,400,000 Funding Source: I.D. No. 2 G.O. Bonds CEQA Account No: 401-2700 Job No: 200028 Compliance: Mitigated Neg. Dec. Estimated Costs: $ 6,400,000 Dept: Eng Subject: Award of Construction Contract for the Hidden Hills Reservoir Project SUMMARY: On February 24, 2009, bids were received from 16 contractors for the construction of a 2.0 million gallon buried concrete reservoir, upgrades to the Santiago Booster Station and all weather access road and pipeline appurtenances for the subject project. Staff is reviewing the bid documents and will be providing findings and recommendations to the PEO Committee for consideration. DISCUSSION: Bids were received from 16 contractors, ranging from a low of $4,448,000 to a high of $7,332,900. The engineer's estimate was $7.0 million. Currently, District staff, the District's consulting engineer Carollo, and District legal counsel are reviewing the bid documents from the three lowest bidders. Findings and recommendations will be provided to the PEO Committee for consideration pending completion of this review. PRIOR RELEVANT BOARD ACTION(S): Staff reported to the Board of Directors at their regular meeting on January 8, 2009 that bids would be solicited in January for construction of the Hidden Hills Reservoir and Booster Pump Station Improvements. STAFF RECOMMENDATION: Recommendations to be provided following review of the bid documents. ITEM NO. AGENDA REPORT (Revised March 5, 2009) Committee Meeting Date: March 5, 2009 To: Planning-Engineering-Operations Committee From: Steve Conklin, Engineering Manager Staff Contact: Joe Polimino, Project Engineer Reviewed by General Counsel: Yes Budgeted: Yes Total Budget: $ 6,400,000 Funding Source: I.D. No. 2 G.O. Bonds CEQA Account No: 401-2700 Job No: 200028 Compliance: Mitigated Neg. Dec. Estimated Costs: $ 6,400,000 Dept: Eng Subject: Award of Construction Contract for the Hidden Hills Reservoir Project SUMMARY: On February 24, 2009, bids were received from 16 contractors for the construction of a 2.0 million gallon buried concrete reservoir, upgrades to the Santiago Booster Station and all weather access road and pipeline appurtenances for the subject project. Staff is reviewing the bid documents and will be providing findings and recommendations to the PEO Committee for consideration. DISCUSSION: Bids were received from 16 contractors, ranging from a low of $4,448,000 to a high of $7,332,900. The engineer's estimate was $7.0 million. Currently, District staff, the District's consulting engineer Carollo, and District legal counsel are reviewing the bid documents from the three lowest bidders. Findings and recommendations will be provided to the PEO Committee for consideration pending completion of this review. Review of the bid documents from the low-bidder, Superior Construction Specialties (SCS), Inc., indicated that they failed to provide reference information for three buried cast-in-place reinforced concrete reservoirs. Upon further inquiry by our staff and an opportunity to clarify this information, SCS was unable to provide the information specified in the contract documents. For this reason, we conclude that their bid is non-responsive. Review of the bid documents of the second-low bidder, Pacific Hydrotech Corporation indicates that their bid is responsive. Investigation by Carollo of the information provided in Pacific Hydrotech Corporation's bid indicates that they are a responsible bidder. PRIOR RELEVANT BOARD ACTION(S): Staff reported to the Board of Directors at their regular meeting on January 8, 2009 that bids would be solicited in January for construction of the Hidden Hills Reservoir and Booster Pump Station Improvements. STAFF RECOMMENDATION: That the PEO Committee supports staff recommendation that the contract for construction of the Hidden Hills Reservoir Project be awarded to Pacific Hydrotech Corporation for $5,012,458. ITEM NO. 57- AGENDA REPORT Committee Meeting Date: March 5, 2009 To: Planning-Engineering-Operations Committee From: Ken Vecchiarelli, General Manager Staff Contact: Steve Conklin, Engineering Manager Leon de los Reyes, Water Quality Engineer Reviewed by General Counsel: No Budgeted: Yes Total Budget: $ 11.2 M Funding Source: Water Revenue Bond CEQA Account No: 102-2700 Job No: 200309 Compliance: Mitigated Neg. Dec. Estimated Costs: $ 11.2 M Dept: Eng Subject: Approval of Change Omer No. 2 for Highland Reservoir Replacement Project SUMMARY: The Board of Directors awarded a contract to Schuler Engineering for construction of the Highland Reservoir Replacement Project on April 10, 2008 and approved a project construction budget of $11.2M on May 15, 2008. Submitted for consideration is construction Change Order No. 2. DISCUSSION: In accordance with the contract documents, Schuler Engineering submitted Change Order No. 2 due to additions and modifications, and District-initiated changes encountered during the course of construction to date. Proposed Change Order No. 2 also includes credits to the District for payment of Schuler's geotechnical services, cost due to the Schuler's delay in executing a geotechnical contract, credit for insurance premium for Acts of God that Schuler did not need to acquire for this project, and a credit for painting and touch-up-related tasks not utilized due to the acceptable condition of Temporary Tank #1. Tank #1 is a new steel tank that the District acquired from Toll Brothers during development of their Vista del Verde project. Also included are the following added work tasks: • The District requested relocation of the combined reservoir overflow and drain pipelines from the District's 20-foot utility easement to inside the Highland reservoir property boundary lines, including the State Department of Public Health required air gap to the storm drain line. This change addressed claims by homeowners that the elevated air gap structure would impact planned home improvement alongside our utility easement, would cause a decrease in property value, block views, and create a nuisance on their property. This change mitigated potential litigation and delay of the project. Thereafter, staff met with the District's design engineer and developed a change that involved separating approximately 230 feet of 18-inch diameter reservoir drain line from the reservoir overflow structure and pipelines, and installation of additional air gap, manhole structure, and blow-off. The drain line manhole structure in our utility easement was converted to a pressure-type covered manhole to prevent water overflow into the homeowners' backyards. The manhole was buried, resulting in no visible structures within the District's easement in the backyard of the homeowner. • The construction of concrete supports at the inlet/outlet pipelines of the temporary tanks that are necessary due to the size and weight of the inlettoutlet pipelines. • The construction of additional reinforced-concrete retaining wall structure to protect Edison's power pole and guy wires pursuant to their requirements. Relocating the guy wire was not considered as an option due to time constraints, costs and schedule implications to the project. • The installation of a lighting systems in the deep seismic sensor valve vault, water meter vault, by-pass valve vault, reservoir entrance hatches, and entrance to the reservoir facility for the safety of our staff in the performance of their duties to maintain and operate the facilities, especially in responding to calls during off work hours. This was a District requested extra. The status of the construction contract with Schuler Engineering is as follows: • The original contract is $9,049,346 and 730 calendar days starting June 2, 2008. • Authorized change order to date amount is $183,648.89 (2.0% of the original contract amount) and 10 calendar days (1.4% of original contract calendar days) • If approved, Change Order No. 2 adds $151,926.55 (a 1.7% cost increase) and 29 calendar days (a 4.0% time extension) • If approved, total percentage of change orders to original contract amount and original contract calendar days are 3.7% and 5.4% respectively. • If approved, the revised construction contract amount is $9,384,921.44 and 769 calendar days. Staff and Carollo Engineers, the District's construction management consultant, reviewed the change order request and recommend approval. A copy of Change Order No. 2 is attached for your information. PRIOR RELEVANT BOARD ACTION(S): On April 10, 2008, the Board awarded a construction contract to Schuler Engineering in the amount of $9,049,346 for construction of the project. On May 15, 2008, Board approved execution of a Professional Service Agreement (PSA) with Carollo Engineers in the amount of $605,856 for engineering support services, construction management and backup inspection services; a PSA with Leighton Consulting in the amount of $86,200 for geotechnical services, soils, concrete and materials testing; a PSA with BonTerra Consulting in the amount of $22,251 for environmental compliance services; and approved the construction budget in the amount of $11,200,000 for construction of the Highland Reservoir Replacement Project. The Board has approved one change order and 8 progress payments to date, the most recent of which was approved on December 11, 2008, and February 12, 2009, respectively. STAFF RECOMMENDATION: The Committee support staffs recommendation that the Board of Directors approve Change Order No. 2 in the amount of $151,926.55 to Schuler Engineering Corporation for construction of the Highland Reservoir Replacement Project, Job No. 200309. YORBA LINDA WATER DISTRICT CHANGE ORDER NO. 2 DATE 2125109 Page 1 of 2 CONTRACT NAME: Highland Reservoir CONTRACT AMT.: $ 9,049,346.00 DAYS: 730 Replacement CONTRACT NO.: J-200309 PREV. APPRVD. CHANGES: $183,648.89 DAYS: 10 CONTRACTOR: Schuler Engineering THIS CHANGE: $151,928.55 DAYS: 29 OWNER: Yorba Linda Water District REVISED CONTRACT $9,384,921." DAYS: 39 AMT: _ This Change Order covers changes to the subject contract as described heron. The Contractor shall construct, furnish equipment and materials, and perform at 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 / OR TIME DESCRIPTION OF CHANGES +EXTENSION - DECREASE IN OR -REDUCTION CONTRACT (DAYS) AMOUNT COP 4: Air gap relocation drain lines $159,130.00 21 days COP 10: InletlOutiet pipe supports at temporary tanks $16,969.00 4 days COP 11: Retaining Wall #3 Clearance $29,817.00 2 days COP 12: Bid item #1 -insurance premium for Acts of God -$50,000.00 0 days COP 16: Geotechnical cost Sept-Nov -$2,377.00 0 days COP 17: Vault & Entry Lighting $30,750.00 2 days COP 21: Touch up exterior Temp Tanks Credit -$32,362.45 0 days NET CHANGE $151,926.55 29 days REVISED CONTRACT AMOUNT AND TIME $9,384,921.44 769 days YORBA LINDA WATER DISTRICT CHANGE ORDER NO. 2 DATE 12125/09 Page 2 of 2 The amount of the contract will be increased by the sum of $151.925.55 and the contract time shall be increased try lwenN-nine M 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 charge 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 Charge 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 contactor may incur In connection with the above referenced changes In the work, Including any Impact on the referenced work of any otter work under the contract, any changes in the sequences of any work, any delay to any work, any disruption of arty wchic, 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 contactor accepts the contract price change and the contract completion date charge, If any, aid expressly waives any claims for any additional compensation, damages or time extensions, in connection with the above-referenced changes. RECOMMENDED: Carollo A / Engineers DAB' 2 2 5'-0 If Brian o ACCEPTED: Schuler DATE: z C Engineering ~5-~ Chas Wick APPROVED: Yorba Linda DATE: Water District Steve Conklin ITEM NO. AGENDA REPORT Committee Meeting Date: March 5, 2009 To: Planning-Engineering-Operations Committee From: Ken Vecchiarelli, Assistant General Manager Staff Contact: Lee Cory, Operations Manager John DeCriscio, Chief Plant Operator Reviewed by General Counsel: No Budgeted: No Total Budget: $ 150,000 Funding Source: Water Operating Fund CEQA Account No: 151-710 Job No: 200813 Compliance: N/A Estimated Costs: $ 139,000 Dept: Ops Subject: Purchase of Emergency Mobile Equipment SUMMARY: Staff has explored methods to provide water to our customers during extended power outages and to augment our system's capabilities during emergencies. In an effort to cover as many scenarios as possible, staff has determined that a combination of mobile pumps and mobile generators would best serve our needs and provide the highest level of reliability and flexibility. Staff has researched and tested equipment that meets these needs and is recommending purchasing a mobile generator and a high head mobile pump from Godwin Pump Company. DISCUSSION: The FY 2007/09 budget identified $450,000 for mobile generators and mobile pumping equipment for the District. In FY 2007/08, the District specified, tested and purchased a mobile pump from Godwin Pump Company designed to pump groundwater from the District's Zone 3 pressure zone to Pressure Zone 4, which is normally fed by imported water. Similar pumping equipment was loaned to the District during an extended shutdown by the District's imported water supplier, the Metropolitan Water District of Southern California (MWD) in 2008. During the Freeway Complex Fires on November 15, 2008, the system demands were highest in the upper pressure zones where the lift requirements exceeded the capacity of the new mobile pump. The booster pump stations were maxed out and the system demands were quickly exceeding our reservoir storage and our combined pumping capacity in these higher zones. The District called for and ultimately received mobile equipment from other agencies. However, due to the nature and timing of the incident, combined with local freeway and street closures, this equipment, took several hours to reach the District and to be strategically located and connected into the system. Staff has researched and specified additional mobile pumping equipment and mobile generators. Godwin Pump Company is one of the manufacturers of this equipment and has provided Yorba Linda Water District with pre-negotiated government pricing. Godwin submitted a quote for the purchase of a Model HLSM Critically Silent trailer mounted pump and a 185kw portable generator to meet the District's requested needs. The pump will provide a high head backup and supplemental pumping to the District's upper pressure zones. The generator will be designed to connect to several booster pump stations throughout the District. Response times in procuring rental equipment during emergencies can and are often delayed. This response time can be significantly reduced if the district owns and operates its own emergency equipment. i PRIOR RELEVANT BOARD ACTION(S): N/A. STAFF RECOMMENDATION: The Committee support staffs recommendation that the Board of Directors authorize the General Manager to execute a Purchase Order with Godwin Pumps in the amount not to exceed $138,247.10, to purchase the Godwin Dri-Prime Model HLSM Diesel Pumpset and the Godwin Power Model GHP185kw-R Diesel Generator. ~I g®dwin pumps 11161 Harrel Street, Mira Loma, CA 91752 (951) 681-3636 Fax (951) 681-2623 www.godwinpumps.com February 26, 2009 Yorba Linda Water District 913 S. Richfield Rd Placentia, CA 92870 Attention: Mr. John DeCriscio Phone: (714)701-3162 Fax: (714)701-3128 RE: Godwin Dri-Prime® Model HLSM Sale Quote BB5453 Dear Mr. DeCriscio: In response to your request, Godwin Pumps of America is pleased to provide the following quotation on the above referenced equipment. The Godwin Dri-Prime® Model HLSM is capable of flows up to 1,500 gallons per minute, and discharge head up to 500 feet, with 1.375" solids handling capabilities. The Godwin Hush-Power 185KW-R has 185 kW at prime and 303 Amps at 480 volts. I trust this information will assist you in the selection of your equipment. We appreciate the opportunity to be of service, and look forward to working with you. Thank you for considering Godwin Pumps of America. If you have any questions please feel free to give me a call. Sincerely, GODWIN PUMPS OF AMERICA, INC. Bob Brieno Sales Engineer Home Office: One Floodgate Rd, Bridgeport, NJ 08014 8564167.3636 Norwich, CT 860-889-2343 Raleigh, NC 919-661-6061 N. Charleston, SC 843-818-2266 Wilmington, DE 302-6569144 Manchester, NH 603-887-5550 Houston, TX 2814864-9200 Atlanta, GA 770-529-7559 New York Metro 201-8568850 Richmond, VA 804798-6600 Chicago, IL 706889-1560 Buffalo, NY 585-3443156 Virginia Beach, VA 757-490-1300 Boston, MA 617-367-3354 Syracuse, NY 315-5362317 Washington, DC 30139D-3806 Helena, Wr 406495-1335 Pittsburgh, PA 724266-6936 Charleston, WV 3049840200 Charlotte, NC 704588-4592 San Antonio, TX 210648-9101 Los Angeles, CA 951.6813636 i February 26, 2009 Yorba Linda Water District Attention: Mr. John DeCriscio Sale Quotation #BB5453 Page 2 of 2 SALE QUOTATION GSA # GS-07F-9491 G UNIT SALE ITEM QTY DESCRIPTION PRICE TOTAL A I Godwin Dri-Prime@ Model HL5M Critically $ 72,516.79 $ 72,516.79 Silenced Automatic Self-Priming (to 28 feet) Diesel Pumpset. • 6" Suction and Discharge Connection. • Solids handling to 1-3/8". • Dry Running Oil Bath Mechanical Seal. • Driven by Caterpillar 3126TA, 220 HP @ 2400 RPM , water cooled diesel engine. • Mounted on a GL12 Trailer with integrated 200 gallon fuel tank. • Entire pump and engine assembly shall be completely enclosed with sound attenuated panels. • Noise level: 69 dBA @ 30 Feet. Average fuel consumption 10.2 GPH @ 1800 RPM. B 1 Godwin Power Model GHP185kW-R Diesel 65,730.31 65,730.31 Generator • Power: 185kW (Prime) / 202kW (Standby) • Voltage: 208/240/480 volt, Three Phase • Voltage Selector: Link Board / Reconnect Board • Driven by a John Deere 6068HF475, 286 HP @ 1800 RPM diesel engine. • Motor Starting Capability: 717skVA @ 25% Voltage Dip • Mounted on a Highway Trailer • Fuel Capacity: 360 Gallons • Entire generator assembly shall be completely enclosed with aluminum sound attenuated panels. Includes Godwin Programmable Control Panel SALE TOTAL $ 138.247.10 F.O.B. - Bridgeport, New Jersey Delivery: 6-8 Weeks ARO This pricing information is for your internal use only. We ask that these items and terms be kept confidential. All applicable tax and freight charges will be added to invoices. All quotations are subject to credit approval. All quotations are valid for 90 days. All prices quoted in US Dollars. See attached Terms and Definitions which are part of this quote. ITEM NO. _;7- AGENDA REPORT Committee Meeting Date: March 5, 2009 I To: Planning-Engineering-Operations Committee From: Ken Vecchiarelli, General Manager Staff Contact: Stacy Bavol - Customer Service Supervisor Reviewed by General Counsel: N/A Budgeted: Yes Total Budget: $ 3.964M Funding Source: Water Revenue Bond CEQA Account No: 101-2700 Job No: Various Compliance: Exempt Estimated Costs: $ 3.964M Dept: Bus Subject: Radio Read Meter Replacement Project Phase 1 & 2- Job 200512, 200801 & 200802 SUMMARY: The Board of Directors approved Phase I of the Meter Replacement Project with the adoption of the Fiscal Years 2005/2007 budget. With Board approval, the District entered into a two year contract with Aqua-Metric to replace approximately 7,600 %-inch and 1-inch meters at a labor charge of $40.00 each plus material costs of approximately $300.00 each. During the same period District staff would replace 358 large 1'Y2-inch and 2-inch meters. Aqua-Metric completed their contract with the District in September of 2007. District staff completed the large meter replacements in September 2008. Included in the FY 2007/2009 approved budget and the approved Capital Improvement Projects List for FY 2007/2012, funds were designated for use to complete Phase I and begin Phase II of the Radio Read Meter Replacement Project. DISCUSSION: Aqua-Metric completed 5,934 meter replacements from October 2005 to September 2007 at a labor charge of $40 each. YLWD paid approximately $300 in material costs for these replacements which included the cost of the %-inch and 1-inch meters and the radio read transmitter devices for a total of approximately $1.85M for the Aqua-Metric portion of the project. YLWD staff completed 977 meter replacements skipped by Aqua-Metric because of access difficulties or complicated replacement issues. YLWD staff also replaced all the large 1'/:-inch and 2-inch commercial and landscape meters, many of which required work to be scheduled on weekends or early morning hours to accommodate the requirements of the businesses. In total YLWD staff replaced 2,039 meters in the Western Service Area at an estimated cost of $890K for material costs and labor. In addition, YLWD staff completed all the retrofit work in this area, which included installations of new registers and radio read transmitters on approximately 4,030 existing Sensus meters for a total of $846K for materials and labor. With the completion of these efforts the entire Western Service Area can now be read by a vehicle based unit along with the newly annexed and recently developed areas along the northwest half of the District's service area, for a total over 13,900 radio read meters. With the completion of Phase I and the start of Phase 11, more than one half of the District's meters are upgraded to radio read systems and as a result, monthly reading is now a possible. Currently the Meter Reading staff reads meters bi-monthly. Staff is planning to begin monthly reading with starting in April 2009. This reading schedule will remove the delay of 45 days or more from the "Service Period" and "Statement Date" on a customers current statement. The Western Service Area has shown a substantial decrease of meter failures since the completion of Phase I. In October 2005, the Meter Reading staff was reporting 100 meter failures or "stucks" per month. As of the last meter reading in January 2009, there were 3 meters which were reported as "stuck" in the same area. Phase II of the Radio Read Meter Replacement Project is within the service area known as Improvement District I (ID 1), which includes all meter routes with a 600 series number. The majority of the meters within this area are 22-28 years old. Many of these meters are the Badger brand with plastic meter bodies. The manufacturer's estimated life expectancy for this type of meter is 10 to 15 years. The ID 1 service area contains 6,853 service connections of which 1,133 are now radio read meters. The majority of these meters have been replaced through past maintenance efforts as the meter bodies crack and begin to leak. Additionally, 82 are new meter sets in the new S&S development, 163 new radio read meters have been set by YLWD crews through the efforts under the new project with an additional 113 retrofits completed to date from January through July of this calendar year. The current Phase II approved budget identified YLWD commencing efforts to replace and retrofit approximately 2,500 meters in this service area. The Meter Reading and Operations staff have been tracking the amount of meter failures in ID 1 Service Area resulting in an average of 15 meters a month being reported as stuck through the meter reading process, and an additional 18 being reported to Operations by District customers' as a meter body leak. Five years ago, the average of meter failures for the ID 1 Service Area was approximately 10 per month. The meters in ID 1 are starting to fail at a higher monthly rate as their age increases. With the initial implementation of the Meter Replacement Program, a process was defined to salvage and recycle all of the meters removed. This recycling effort has benefited the District netting $76,291.00 in funds received from 2005 to December of 2008. The process has now been identified as a Standard Operating Procedure (SOP) and the District is now recycling everything from meters, broken valves, removed pipes and any other miscellaneous scrap metal that can be redeemed for scrap or salvage value. PRIOR RELEVANT BOARD ACTION(S): See Summary Section above. STAFF RECOMMENDATION: The funds remaining after analyzing the Capitol Improvement Project List Budgets is $269K. Staff recommends continuing the efforts to replace the oldest meters identified in ID 1. There are 2,656 meters older then 25 years old in ID 1 and included in that number are approximately 15011/2-inch and 2-inch meters providing landscape service. The landscape meters, due to their high volume, advanced age and possibility of higher revenue loss if failures went undiscovered, will be the first to be replaced with the current radio read Sensus meters. The cost for materials and labor to replace the 1'/:- inch and 2-inch meters would be approximately $145K. Staff recommends moving forward replacing these larger landscape meters. Staff also proposes to review the current radio read technology before considering further aggressive meter replacements in ID 1. Since the implementation of the Meter Replacement Program in 2005 reading technology has improved. YORBA LINDA WATER DISTRICT METER REPLACEMENT PHASES 2,450 4,900 9,800 Feet PHASE I (Western Service Area) Job 200512 Meter Replacements (Budgeted w/ Outside Labor): Meter Size Qty. Mat'I Cost Labor per meter Subtotal 314 - inch 1577 $237.49 $40.00 $437,601.73 1 - inch 4357 $284.86 $40.00 $1,415,415.02 Subtotal 5934 $1,615,656.75 $237,360.00 $1,853,016.75 Meter Replacements (Contractor Skips) YLWD Staff Meter Size Qty Mat'I Cost Labor per meter Subtotal 3/4 - inch 137 $291.08 $65.00 $48,782.96 1 - inch 840 $323.70 $65.00 $326,508.00 Subtotal 977 $311,785.96 $63,505.00 $375,290.96 Meter Replacements (Large Meters) 2 person crew Meter Size Qyt. Mat'I Cost Labor per meter Subtotal 1 1/2 - inch 151 $428.56 $130.00 $84,342.56 2 - inch 207 $678.98 $130.00 $167,458.86 Subtotal 358 $205,261.42 $46,540.00 $251,801.42 Non-Identified Meters replaced during 3 year contract' Meter Size Qty Mat'I Cost Labor per meter Subtotal 3/4 - inch 352 $291.08 $65.00 $125,340.16 1 - inch 352 $323.70 $65.00 $136,822.40 Subtotal 704 $ 216,402.56 $45,760.00 $262,162.56 TOTAL $2,742,271.69 Meter Retro-Fits (Exsisting meters within a route that just needed upgrade costs posted to Job 200512) 10/hour Meter Size Qty. Mat'I Cost Labor Subtotal Various 1319 $211.65 $5.00 $285,761.35 Subtotal 1319 $ 279,166.35 $6,595.00 $285,761.35 Total Costs to Job 200512 $3,028,033.04 CIP Job 200512 BUDGETED TOTAL PHASE 1 $2,804,000.00 ' This non-identified difference is the meters that were changed by YLWD during the meter replacement program's time frame. The monthly average for meter failures prior to the meter replacement program's implementation was 40 per month. Labor was charged to Operations maintenance programs but in the future will be charged against the projects and become part of the capitalized costs. Phase II Meter Retro-Fits, Job 200801 (Western Service Area) Meter Retro-Fits Labor Meter Size Qty. Mat'I Cost Labor Subtotal Various 2714 $201.51 $5.00 $560,468.14 Subtotal 2714 $546,898.14 $13,570.00 $560,468.14 FY 2007-2009 CIP BUDGETED PHASE II RETRO-FITS $160,000.00 In early 2007, when the CIP Budgets were prepared this Job was proposed for completion by the Meter Reading staff as time allowed. But, to the benefit of the District, this Job was given to the Operations Department and they completed the entire project converting the balance of the Western Service Area to radio read meters in August 2008. Phase 11 Meter Replacements, Job 200802 (Portion of ID No. 1) Meter Replacements Meter Size Qty. Mat'I Cost Labor Subtotal 1 - inch 278 312.34 $65.00 $104,900.52 2 - inch 1 630.84 $130.00 $760.84 Misc Parts $894.62 Subtotal 279 $87,461.36 $18,200.00 $106,555.98 FY 2007-2009 CIP BUDGET PHASE 11 REPLACEMENTS $ 1,000,000.00 Overview of Costs Budgeted CIP Actual Costs #20 Job 200512 - completed $2,804,000.00 $3,028,033.04 # 22 Job 200801 - completed $160,000.00 $560,468.14 # 21 Job 200802 -working $1,000,000.00 $106,555.98 $3,964,000.00 $3,695,057.16 $ 268,942.84 Job 200802 is not finished and staff will continue to work on replacements within budget allowance. For the next budget cycle, staff will request funding for on-going meter replacements. YLWD SOURCE WATER SUMMARY ITEM NO. 15 Fiscal Year 2008-09 TOTAL MONTHLY YTD BUDGET GW IMPORT DEMAND GW GW (Demand Est.) DELTA MONTH (AF) (AF) (AF) % (AF) Jul-08 1,535.2 1,170.0 2,705.2 56.7% 56.7% 3,005.5 -10.0% Aug-08 1,610.9 1,112.0 2,722.9 59.2% 58.0% 2,954.5 -7.8% Sep-08 1,481.3 974.4 2,455.7 60.3% 58.7% 2,597.9 -5.5% Oct-08 1,473.7 916.6 2,390.3 61.7% 59.4% 2,190.4 9.1% Nov-08 1,170.1 756.2 1,926.3 60.7% 59.6% 1,732.0 11.2% Dec-08 747.4 359.1 1,106.5 67.5% 60.3% 1,553.7 -28.8% Jan-09 1,011.3 459.2 1,470.5 68.8% 61.1% 1,349.9 8.9% Feb-09 772.5 193.4 965.9 80.0% 62.3% 1,299.0 -25.6% Mar-09 1,528.2 Apr-09 1,910.3 May-09 2,547.0 Jun-09 2,852.6 FYTD 9,802.4 5,940.9 15,743.3 62.3% 16,682.9 -5.6% Allowable GW (YTD) 8,168.9 (AF) CUP Obligation FY 2008-09 2,166.0 (AF) Monthly CUP Pumping (AF) - (AF) YTD CUP Pumping (AF) 1,960.8 (AF) YTD CUP Achieved 90.5% GROUNDWATER PERCENTAGE 85.0% 80.0% 75.0% - - tMONTHLY GW 70.0% - FYTD GW BPP GOAL 52.0% 65.0% - CUP ADJ GOAL 60.0% 60.0% 55.0% - - - 50.0% Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- 08 08 08 08 08 08 09 09 09 09 09 09 Month i • I %O'ZS IVOO dd9 ME) %L'L£ %8'6V 12lOdWl I~ II MJ I %5'U uol;e611go dno :Id 9WZ Io %9'06 pana!yod dno aik AlddnS J048M 60OZ-800Z WO Ol JeOA %0'08 MJ %0'OZ %0'0 INOdWI dno AjddnS .104eM 60OZ Aienaga:j 60-8002 A=l Alddns N31VM m ro LL m v Q 3500 3000 2500 41141f 1500 1000 500 0 Monthly Average Mean Temperature ( °F) 78.1 72.7 74.8 "72.2 72.4' 73.6 70.2 70.5 ■ . 72.1 69.8 65.1 67.4, 62.8 161.0 Total Water Use 56.4 54.0 1 54.3 55.4 59.5 60.1 60.2 ■ 06 -07 GW ❑ 06 -07 IMPORT ■08 -09 GW ■ 08 -09 IMPORT ■07 -08 GW 1007-08 IMPORT 67.3 70.4 6 =8 64.0 , P6 P1 A,b ADO 'A A0 P6 AA See A6 pA A� A6 p1 A� Q6 AA As Al Ae A� pA As A9 p1 A� pe AA A� Ae pA pe p9 AA�s A9 )moo Month PM PROGRAM 2008/2009 Fiscal 2008109 1 JUL I AUG I SEP OCT NOV DEC JAN FEB MAR APR MAY JUN Percent of tar et 8% 1 17% 1 25% 33% 42/ 50% 1 68% 1 75% 83% 92% 100% HYDRANTS 3,859 Target; all h drams to be serviced annual/ . INSPECTED THIS MONTH 22- 0 556 392 192 66 179 364 453 INSPECTED THIS YEAR 220 776 1,168 1,360 1.426 1,605 1,969 2,422 % TOTAL 1 5.7%1 20.1%1 30.3%1 35.2%1 36.9%1 41.6%1 51.0% VALVES 10,000/2 =5.000 Target; all valves to be o erated ever two ears OPERATED THIS MONTH 329 435 340 692 90 306 381 514 OPERATED THIS YEAR 329 7641 1,1041 1,6961 1,786 1 2,092 2.4731 2,987 % OF TOTAL 1 6.6%1 16.3%1 22.1%j 33.9%1 36.7%1 41.8%1 49.5% DEAD ENDS 487x2 =974 Tar et; all dead ends to be flushed twice each ear. FLUSHED THIS MONTH 0 11 0 487 0 01 01 0 FLUSHED THIS YEAR 01 01 01 4871 487 487 487 487 v/OF TOTAL 0.0%1 0.0% 0% 1 50% 50% 50% 50%1 60` AIR VACS 309 Target; all ainvacs to be serviced annually. INSPECTED THIS MONTH 21 1101 151 5 31 0 71 1 INSPECTED THIS YEAR 211 1311 1461 151 154 154 1611 162 % OF TOTAL 1 6.4%1 42.4% 47.3%1 48.9%1 49.8%1 49.8%1 62.1%1 1 SEWER CLEANING 802,560 Tar et; all sewers to be cleaned annual/ . CLEANED THIS MONTH 87,643 53.264 42.684 66,673 28.173 45,040 76,358 43,297 CLEANED THIS YEAR 67,6431 120.9071 163,5911 230.2641 258,4371 303,4771 381,8361 425,132 % OF TOTAL 8.4%1 15.1%1 20.4%1 28.7%1 32.2%1 37.8%1 47.6 SEWER TELEVISING 160,512 Tar et; all sewers to be televised ever 5 year TELEVISED THIS MONTH 22,564 16,528 6,174 12,493 9,423 14,198 21,867 10,302 Rl TELEVISED THIS YEAR 22,584 39,112 46,286 67,779 67,202 81,398 103,255 113,657 ,% OF TOTAL 14.10% 24.4 % 28.2% 36.0% 41.9% 50.7% 64.3% Z ITEM NO. AGENDA REPORT Committee Meeting Date: March 5, 2009 To: Planning-Engineering-Operations Committee From: Ken Vecchiarelli, General Manager Staff Contact: Ken Vecchiarelli Reviewed by General Counsel: N/A Budgeted: N/A Total Budget: Funding Source: CEQA Account No: Job No: Compliance: N/A Estimated Costs: Dept: Admin Subject: Monthly MWDOC Managers Meeting Summary Report SUMMARY: As one of twenty six member agencies of the Metropolitan Water District of Southern California (MWD), the Municipal Water District of Orange County (MWDOC) represents YLWD and twenty seven other agencies in Orange County assisting in managing imported water resources, water use efficiency and emergency preparedness programs. The General Manager attends the MWDOC Managers meetings on a monthly basis and presents a summary report of the activities and items discussed to the Planning-Engineering-Operations Committee. DISCUSSION: The Monthly MWDOC Managers meeting held February 26, 2009 included the following discussion items: 1) IRWD General Manager, Paul Jones summarized a report regarding proposed urban water use efficiency legislation intended to satisfy the Governor's call for a 20% reduction in potable water use by 2020. Mr. Jones suggested the best approach to proposed legislation is to have local water retailers develop and support legislation rather than the top down approach currently driven by the State Department of Water Resources. Two approaches to achieving the 2020 reduction objectives were discussed including the target based approach (GPCD) and implementation approach using best management practices (BMP's). 2) Results of a customer survey were presented by a MWDOC consultant. The results showed that a majority of water consumers in Orange County are aware of the looming water supply crisis and are willing to take steps to reduce water waste. 3) MWDOC General Manager, Kevin Hunt reported on MWD workshops discussing revenue needs and cost containment with pending rate increase percentages projected in the double digits. 4) MWDOC Principal Analyst, Harvey De la Torre gave a PowerPoint presentation on the grim status of imported water supplies for the coming fiscal year. The latest hydrologic data has increased the chances of allocation to 75% for FY2009/10. 5) MWDOC Water Use Efficiency Programs Manager, Joe Berg updated the group on the status of meetings with member agencies and MWDOC's efforts to assist in development and adoption of water conservation ordinances that meet MWD's requirements. Joe reported 4 agencies have already adopted ordinances, 5 are in the process of adopting I them, 6 have drafts submitted to MWDOC for review and recommendation and 12 are in process of drafting ordinances. 6) MWDOC Director of Public Affairs, Darcy Burke showed a public service announcement (PSA) promoting the water conservation theme, 'Water do more with less." The PSA was sponsored by Hurley Sportswear and featured world champion surfer, Rob Machado as the spokesperson. 7) MWDOC Water Resources Engineer, Lee Jacobi presented examples of how MWDOC will track and report on member agency monthly water usage and water purchases versus MWD/MWDOC allocations. 8) Kevin Hunt reported on MWDOC's budget process and draft study efforts. Mr. Hunt reported the proposed budget will increase in consulting activities and decrease in labor. 9) WEROC Program Manager, Kelly Hubbard reported on the efforts of the Urban-Wildland Fire Coordination Task Force and the 1-info Management Program. PRIOR RELEVANT BOARD ACTION(S): N/A STAFF RECOMMENDATION: No action - information only. ITEM NO. Groundwater Producers Summary Report February 2009 1. GWRS System expansion A. OCWD requested a letter from the producers in support of the GWRS expansion. Producers agreed it was a good project and agreed to draft a support letter. B. Current production from GWRS is 50MGD. First week of February it produced 57MGD. Operational changes have been made to maximize production during peak flows. Up to 70 MGD between 9:00am and 2:OOam. C. Current cost of treated water is $600/AF. D. Completion of the Steve Anderson Lift Station is scheduled for April 2009 will allow the plant to operate at 70MGD. E. OCSD Secondary expansion to be completed in 201' F. First priority for OCWD is to inject into Talbert Barrier. G. An increase of $34 to the RA will be required for expansion. H. The BPP will in turn increase by 3.6% which will supply and overall cost savings of $1.5 million annually. 2. 1" Half WY 2008-09 Basin Update A. Water demands are down around 5%. B. Anaheim recharge area water level down to levels that we haven't seen since 1990. (See Attached Graph) Z -L AM-8 OCWD-M26 Location Map of Wells AM-6 and OCWD-M26 Anaheim Recharge Area Water Levels 19o J 190 N _ 140 C O 9 120 m J 100 . n 80 Monitoring Well AM-8 80 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 2010 2 CAPITAL IMPROVEMENT PROJECTS STATUS REPORT Date: March 2, 2009 New Information Since Last Report is Shown in Red IN CONSTRUCTION Project Current Status Neat Actions Comments 1 Zone 3 & 4 Trans Pipelines, Reach 5 Pipeline complete and in Completion of punch- list Pipeline is in operation. However, Budget: $1,700,000 Job No. 200421 operation. Extra Work billing items, such as air - release project completion is subject to the Project Contact: Joe Polimino has been reviewed and revised valves and valve cans, await developer (Shapell) finishing the Planned Completion Date: 2nd Qtr 2009 to eliminate overcharges. completion of road by the road and parkway construction. It developer. was noted in a field investigation that road work has started up again. 2 Lakeview Reservoir & Pump Station The new reservoir is in The contractor completed most Estimated completion date is mid to Budget: $11,500,000 Job No. 200704 operation. SSC Construction of the backfill on the roof, late April 2009, due to another 2- Project Contact: Joe Polimino continues to backfill on top of however, there is still 7000 c.y weeks of rain. Change Orders 4 and Planned Completion Date: Mar 2009 the roof and the south and east of material to be placed behind 5 have been approved and the walls. Retaining wall work retaining walls. Electrical contractor is scheduling these items continues, and miscellaneous contractor has been on site to into the project. metals work in the vaults also complete for March 2 continues. no change) inspection. 3 Highland Reservoir All yard piping to the Drain the existing reservoir and A paleontologist will be at the site Budget: $11,200,000 Job No. 200309 temporary tanks and to the prepare for its demolition and during excavation as mandated by Project Contact: Leon de los Reyes booster stations is complete. excavation. our project CEQA requirements. Planned Completion Date: June 2010 Controls, instrumentation, Cut, cap, and plug old reservoir CDPH issued the permit to the electrical work, and integration piping north and south of temporary tanks on February 9. on the temporary tanks Highland reservoir. completed Feb 12, and currently under a test run until Demolition may commence by Feb 26. So far, running well. March 2, 2009, and continue for 5 weeks. A "Construction Alert" Painting, leak testing, flyer was sent to all the homeowners disinfection, and microbial and residents around Highland examination are all complete. project site informing them of the The temporary tanks are now being utilized to transfer water from the well field to Lakeview Reservoir, at the same time deliver water to Zone -1, and Zone -2 through the Highland booster station. coming construction demolition activity. A copy of it was also sent to the City of Yorba Linda. Water discharge notification was sent to OC- Resource and Development Management Dept for the draining of the reservoir. 4 Well Capacity Optimization At the project initiation Staff discussed with CDM, the General Pump is preparing spec and Budget: $1,000,000 Job No. 200813 meeting with General Pump District's consulting firm for cost estimate for well liner Project Contact: Leon de los Reyes (GP) on January 14, after a project, the outcome of the installation at Well 12, followed by Planned Completion Date: TBD review of well and aquifer data meeting with General Pump. review by district staff and CDM. for Well 12 and other wells on At the CDM meeting, Mike the Richfield site, it was Bodart of GP was put on a determined that a well liner is conference call to further the preferred option to discuss the details of the tasks rehabilitate Well 12. with Suzanne of CDM. Suzanne concurs with the recommendation but will further review the tasks. 5 Zone 4C Reconfiguration On Feb 12 the Board approved Pipeline construction will The planned construction Budget: $1,500,000 Job No.200710 award of the pipeline const begin in March. Final design completion date for the pipeline and Project Contact: Joe Polimino project to Ken Thompson Inc. of pressure reducing station the upgraded pressure reducing Planned Completion Date: Dec 2009 For upgrade of pressure upgrade continues. station is December 2009. reducing station, staff has reviewed the 90% design fans. I1a17"[tii5 Project Current Status Neat Actions Comments 1 New Wells 20 & 21 Thee MPA test for proposed For Well 21 staff is reviewing Will meet with OCWD to discuss Budget: $2,000,000 Job No.200711 Well 20, during high river flow OCWD siting options on the feasibility. Project Contact: Leon de los Reyes following rain storm as frontage at the Santa Ana River Planned Completion Date: TBD required by CDPH, was Lakes to identify those conducted from February 9 workable. Pipeline locations thru 11. Staff is waiting for are also being evaluated. the results. Staff is initiating the sampling program at Conrock Basin this week (2/23-2/28). 2 Hidden Hills Reservoir Construction bids were opened Board approved easement Anticipate that construction will Budget: $7,000,000 Job No.200028 Feb 24. Construction award agreement with Shapell on Feb begin by May 2009. Project Contact: Steve Conklin recommendation being brought 26. In contact with State Parks Planned Completion Date: Sept 2010 to March 5 PEO Committee. on final issues for permit. Submitted final Habitat Board approval of construction Mitigation Plan to State Parks, contract planned for March 12. DFG & USFWS. 3 OC -51 Connection Upgrade Completed application for Waiting for response from Design modifications to turnout will Budget: $242,000 Job No. 200815 upgrade and submitted to MET to schedule project be performed by MET staff to Project Contact: Steve Conklin MWDOC to forward to MET. meeting increase capacity from about 5 cfs Planned Completion Date: TBD to a max of 20 cfs 4 Lakeview Sewer Lift Sta Upgrades Design complete. Right -of- Staff is investigating right -of- Meetings with property - owners Budget: $200,000 Job No. Ops. Project way issue delaying project. way alternatives. being planned. Project Contact: Lee Cory Planned Completion Date: TBD IN PLANNING CAPITAL IMPROVEMENT PROJECTS APPROVED BY THE BOARD (2007 -2012) THAT ARE STILL PENDING 1. Anaheim Intertie Connection Improvements ($500,000) 2. Zone 5 (1000) Booster Station ($1,080,000) 3. Fairmont Booster Station Reconfiguration ($400,000) 4. Foxtail Drive Pipeline ($245,000) 5. Elk Mountain Reservoir Site Improvements ($300,000) 6. Fire Flow Improvements - -Via Sereno and Ohio ($125,000) 11 Project Current Status Next Actions Comments 1 Highland Booster Station Upgrade Tetra Tech awarded Review proposal for solar Feasibility study will be completed Budget: $TBD Job No. 200817 Feasibility Study. Tetra Tech panels included in scope. in May 2009. Project Contact: Hank Samaripa to provide proposal for adding Review new pump station Planned Completion Date: TBD solar power evaluation to alternatives in late March. scope of work. 2 Fairmont Site Improvements Proposed agreement "deal Prepare AR for FFDCA Review construction sequence with Budget: $300,000 (YLWD share) points' in the form of an between S &S and YLWD and SS Construction. Job No. 200803 FFDCA have been reviewed present to PEO committee. Project Contact: Hank Samaripa by YLWD lawyers. S &S Prepare AR for Board Planned Completion Date: TBD lawyers are now reviewing. A roval. 3 Irrigation Water Study Presenting findings of Subject to the direction Budget: $TBD Job No. 200807 Feasibility Study to Feb 5 provided by PEO and Board. Project Contact: Steve Conklin PEO. Planned Completion Date: TBD CAPITAL IMPROVEMENT PROJECTS APPROVED BY THE BOARD (2007 -2012) THAT ARE STILL PENDING 1. Anaheim Intertie Connection Improvements ($500,000) 2. Zone 5 (1000) Booster Station ($1,080,000) 3. Fairmont Booster Station Reconfiguration ($400,000) 4. Foxtail Drive Pipeline ($245,000) 5. Elk Mountain Reservoir Site Improvements ($300,000) 6. Fire Flow Improvements - -Via Sereno and Ohio ($125,000) 11