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2009-03-12 - Board of Directors Meeting Agenda Packet
Agenda Packet Regular Meeting of the Board of Directors March 12, 2009 6:30 p.m. 1717 E. Miraloma Avenue, Placentia, CA 92870 Yorba Linda Water District ORIGINAL Yorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, March 12, 2009, 6:30 P.M. 1717 E. Miraloma Avenue, Placentia, CA 92870 (714) 701- 3020 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL John W. Summerfield, President William R. Mills, Vice President Paul R. Armstrong Michael J. Beverage Ric Collett ADDITIONS/DELETIONS TO THE AGENDA PUBLIC COMMENTS Any individual wishing to address the Board is requested to identify themselves and state the matter on which they wish to comment. If the matter is on the agenda, the Board will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited to matters of public Interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. SPECIAL RECOGNITION None. CONSENT CALENDAR All items listed on the consent calendar are considered to be routine matters, status reports, or documents covering previous Board instructions. The items listed on the consent calendar may be enacted by one motion. There will be no discussion on the items unless a member of the Board, staff, or public requests further consideration. 1. Minutes of the Regular Board of Directors Meeting Held February 26, 2009 Recommendation: Approve the minutes as presented. 2. Payment of Bills, Refunds, and Wire Transfers Recommendation: Ratify and authorize disbursements in the amount of $1,016,441.50. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 3. Engineering Services for the Hidden Hills Reservoir Project Recommendation: 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. 4. Construction Management and Inspection for the Hidden Hills Reservoir Project Recommendation: 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. 5. Approval of Easement Agreement for Hidden Hills Reservoir Project Recommendation: Approve the Temporary Construction Easement and Permanent Access Easement Agreement with Shapell Industries and authorize the Secretary to execute and record the agreement document. 6. Award of Construction Contract for the Hidden Hills Reservoir Project Recommendation: Award a contract for construction of the Hidden Hills Reservoir Project to Pacific Hydrotech Corporation for the total bid price of $5,012,458. 7. Approval of Change Order No. 2 for Highland Reservoir Replacement Project Recommendation: Approve Change Order No. 2 in the amount of $151,926.55 and 29 additional calendar days to Schuler Engineering Corporation for construction of the Highland Reservoir Replacement Project, Job No. 200309. 8. Purchase of Mobile Equipment Recommendation: 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. 9. Temporary Cessation of Personnel Recruitments and Promotions Recommendation: That the Board direct the General Manager to institute a temporary cessation of personnel recruitments and promotions of full time employees through the end of the Fiscal Year 2008109 with further review and consideration within the proposed budget development, review and approval process. 10. Reschedule Board Meetings for Second Quarter of 2009 Recommendation: That the Board of Directors approve and authorize the General Manager to schedule the Board meetings of April 9th, May 14th and June 11th from 8:30 a.m. to 6:30 p.m. 2 DISCUSSION ITEMS This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action of the Board of Directors at the meeting, such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Board of Directors. Time permitting, it is generally in the District's Interest to discuss these more complex matters at one meeting and consider formal action at another meeting. This portion of the agenda may also include items for information only. 11. Status of Hidden Hills Reservoir Project Recommendation: This is for information only. No action is required. REPORTS. INFORMATION ITEMS AND COMMENTS 12. a. President's Report b. Directors' Reports C. General Manager's Report d. General Counsel's Report COMMITTEE REPORTS 13. a. Executive-Administrative-Organizational Committee (Summerfield/Mills) Alternate: Collett 1) Meeting scheduled for March 17, 4:00 p.m. b. Finance-Accounting Committee (Beverage/Summerfield) Alternate: Mills 1) Meeting scheduled for March 13, 9:00 a.m. C. Personnel-Risk Management Committee (Armstrong/Collett) Alternate: Summerfield 1) Minutes of meeting held March 9, 4:00 p.m. (to be provided at the meeting). 2) Meeting scheduled for April 13, 4:00 p.m. d. Planning-Engineering-Operations Committee (Mills/Armstrong) Alternate: Beverage 1) Minutes of meeting held March 5, 4:00 p.m. 2) Meeting scheduled for April 2, 4:00 p.m. e. Public Information-Technology Committee (Collett/Beverage) Alternate: Armstrong 1) Meeting scheduled for March 3, 4:00 p.m. was canceled. 2) Meeting schedule for April 7, 4:00 p.m. 3 f. MWDOC/OCWD Ad Hoc Committee (Mills/Collett) Alternate: Summerfeld 1) Meeting scheduled for March 24, 4:00 p.m. g. City of Placentia Ad Hoc Committee (BeverageNecch iarel li ) 1) Meeting to be scheduled. INTERGOVERNMENTAL MEETINGS 14. a. MWDOC/MWD Workshop, Mar 4 (Staff) b. OCWD Board, Mar4 (Staff) C. Yorba Linda City Council, Mar 3 (Armstrong) d. Yorba Linda Planning Commission, Mar 11 (Collett) BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after March 12, 2009. Agenda is available in the District office prior to meeting. March Finance-Accounting Committee, Mar 13, 9:00 a.m. Bevera a/Summerfield Executive-Admin-Or anizational Committee, Mar 17,4:00 .m. Summerfield/Mills Yorba Linda City Council, Mar 17, 6:30 .m. Armstrong MWDOC Board, Mar 18, 8:30 a.m. Staff OCWD Board, Mar 18, 5:00 .m. Staff District Board Workshop Meeting, Mar 23, 8:00 a.m. MWDOC/OCWD Ad Hoc Committee Meeting, Mar 24,4:00 .m. Mills/Collett Yorba Linda Planning Commission, Mar 25, 7:00 .m. Summerfield District Board Meeting, Mar 26, 8:30 a.m. A ril MWDOC/MWD Workshop, Apr 1, 7:30 a.m. Staff OCWD Board, Apr 1, 5:00 .m. Staff Planning-Engineering-Operations Committee, Apr 2, 4:00 .m. Mills/Armstrong Public Information-Technology Committee, Apr 7, 4:00 .m. Collett/Beverage Yorba Linda City Council, Apr 7, 6:30 .m. Mills District Board Meeting, Apr 9, 8:30 a.m. Personnel-Risk Management Committee, Apr 13, 4:00 .m. Armstrong/Collett Finance-Accounting Committee, Apr 14, 4:00 .m. Bevera a/Summerfield MWDOC Board, Apr 15,8:30 a.m. Staff OCWD Board, Apr 15, 5:00 .m. Staff Yorba Linda Planning Commission, Apr 15, 7:00 .m. Collett Executive-Admin-Or anizational Committee, Apr 21, 4:00 .m. Summerfield/Mills Yorba Linda City Council, Apr 21, 6:30 .m. Armstrong District Board Meeting, Apr 23, 8:30 a.m. Yorba Linda Planning Commission, Apr 29, 7:00 .m. Summerfield 4 CONFERENCES AND SEMINARS Authorize attendance of Directors and such staff members of the District as approved by the General Manager to attend the following conferences and seminars. 15. Orange County LAFCO Stakeholder Summit - March 27, 2009 ADJOURNMENT A regular meeting of the Board of Directors is scheduled for March 26, 2009, at 8:30 a.m., at 1717 E. Miraloma Avenue, Placentia 92870. Items Distributed to the Board Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items and are distributed to a majority of the Board 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 http://www.ylwd.com/. Accommodations for the Disabled Any person may make a request for a disability-related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. 5 2009 BOARD OF DIRECTORS CALENDAR JAN FEB MAR S M T W T F S S M T W T F S S M T W T F S 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 6 7 4 5 6 7 9 10 8 9 10 11M 13 14 8 9 10 11M 13 14 11 12 13 14 15 16 17 15 16 17 18 19 20 21 15 16 17 18 19 20 21 18 19 20 210 23 24 22 23 24 27 28 22M 24 250 27 28 25 26 27 28 29 30 31 29 30 31 APR MAY JUN S M T W T F S S M T W T F S S M T W T F 1 2 3 4 1 2 1 2 3 4 5 6 5 6 7 8- 10 11 3 4 5 6 7 8 9 7 8 9 10- 12 13 12 13 14 15 16 17 18 10 11 12 13 15 16 14 15 16 17 18 19 20 19 20 21 22M 24 25 17 18 3r11 ,a 23 21 22 23 24 26 27 26 27 28 29 30 24 25 26 27 29 30 28 29 30 31 JUL AUG SEP S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 1 1 2 3 4 5 5 6 7 8 10 11 2 3 4 5 6 7 8 6 7 8 9- 11 12 12 13 14 15 16 17 18 10 11 12 13M 15 15 13 14 15 16 17 18 19 19 20 21 22M 24 25 16 17 18 19 20 21 22 20 21 22 23M 25 26 26 27 28 29 30 31 23 24 25 26 28 29 27 28 29 30 30 31 OCT NOV DEC S M T W T F S S M T W T F S S M T W T F 1 2 3 1 2 3 4 5 6 7'fN ;a2 411 5 4 5 6 7- 9 10 8 9 10 11 13 14 6 7 8s~ 12 11 12 13 14 15 16 17 15 16 17 18 19 20 21 13 14 15 16 17 18 19 18 19 20 21 - 23 24 22 23 24 25111[27 28, 20 21 22 !23 25 26 25 26 27 28 29 30 31 29 30 27 28 29 0 31 Board Meeting Feb 24-26, 2009 - ACWA 2009 Washington, D.C. Conference Activities May 19-22, 2009 - ACWA Spring Conference, Sacramento Holiday Dec 1-4, 2009 - ACWA Fall Conference, San Diego Rev. 12/30/08 Dec 9-11, 2009 - CRWUA 2008 Annual Conference, Las Vegas i APPROVED BY THE BOARD OF DIRECTORS ITEM NO. OFTHE YORBA LINDA WATER DISTRICT MAR 1 2 2009 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING BY February 26, 2009 The February 26, 2009 regular meeting of the Yorba Linda Water District Board of Directors was called to order by President Summerfield at 8:30 a.m. The meeting was held at the District's Administrative Office at 1717 East Miraloma Avenue, Placentia, California. DIRECTORS PRESENT STAFF PRESENT John W. Summerfield, President Ken Vecchiarelli, General Manager William R. Mills, Vice President Pat Grady, Assistant General Manager Paul R. Armstrong Art Kidman, General Counsel Michael J. Beverage Steve Conklin, Engineering Manager Ric Collett Lee Cory, Operations Manager Diane Cyganik, Finance Director Gina Knight, HR Manager Stacy Bavol, Customer Svc Supervisor Mikael Becker, Meter Reader I Annie Alexander, Executive Secretary ADDITIONS/DELETIONS TO THE AGENDA None. PUBLIC COMMENTS None. SPECIAL RECOGNITION Mr. Vecchiarelli introduced Mikael Becker, newly hired Meter Reader I. DISCUSSION ITEMS 1. Investment Outlook Highlights, Keith Khorey, Wells Capital Management. Mr. Khorey reviewed the Performance Summary Report for 2008 as provided in the agenda packets. Mr. Khorey also commented on Wells' 2009 investment strategy and responded to questions from the Board. CONSENT CALENDAR On a motion by Director Mills, seconded by Director Collett, the Board voted 5-0 to approve the Consent Calendar. Director Collett abstained from voting on Check No. 51017 of Item 4 as he was employed by the vendor. 2. Minutes of the Regular Board of Directors Meeting Held February 12, 2009 Recommendation: Approve the minutes as presented. I 3. ACWA/JPIA Property Insurance Premium for April 2009-2010 Recommendation: Authorize payment in the amount of $33,112 to renew the District's property insurance coverage through ACWA/JPIA for the period of April 1, 2009 through April 1, 2010. 4. Payment of Bills, Refunds, and Wire Transfers Recommendation: Ratify and authorize disbursements in the amount of $595,763.87. 5. Financial Statements for Quarter Ending December 31, 2008 Recommendation: Receive and file the financial statements for the quarter ending December 31, 2008. 6. Investment Report for Quarter Ending December 31, 2008 Recommendation: Receive and file the investment report for the quarter ending December 31, 2008. 7. Quitclaim Deeds to Friendship Baptist Church Recommendation: Authorize the President and Secretary to execute two Quitclaim Deeds to Friendship Baptist Church, abandoning two separate sections of the 15-foot wide District easement recorded as Instrument Number 19990159769 of Official Records of Orange County, California. 8. Quitclaim Deed to Yorba Linda Housing Partners, L.P. Recommendation: Authorize the President and Secretary to execute a Quitclaim Deed to Yorba Linda Housing Partners, L.P., abandoning the 15-foot wide District easement recorded in Book 6360, Pages 856-859 of Official Records of Orange County, California. ACTION CALENDAR 9. Formation of a Citizen's Advisory Committee Mr. Vecchiarelli explained that the committee would help provide community input to staff and the Board regarding implementation of a conservation ordinance, the impact of water allocations on water rates and fees, and other issues that may affect the upcoming budget process. Mr. Vecchiarelli also reviewed the recruitment and selection process of potential committee members. On a motion by Director Collett, seconded by Director Armstrong, the Board voted 5-0 to approve the formation of a citizen's advisory committee and authorize the General Manager to begin the selection process. 10. Formation of a Revenues and Rates Ad Hoc Committee Mr. Vecchiarelli explained that the committee would help provide direction to staff during the upcoming budget process regarding revenues and rates necessary to fund the proposed budget. This committee would also interact with the Citizen's Advisory Committee. On a motion by Director Mills, seconded by Director Collett, the Board voted 5-0 to form a Revenues and Rates Ad Hoc Committee to be active and engaged during the budget and rate setting process. 2 Mr. Kidman spoke regarding adopting and implementing water conservation monetary incentives through AB 2882/Proposition 219 versus adopting a water shortage emergency ordinance under the authority of the Water Code. Mark Schock spoke regarding the abandonment of easements previously maintained by the City of Yorba Linda and the resulting increased water usage to the property owners. DISCUSSION ITEMS CONTINUED 11. Status of Hidden Hills Reservoir Project Mr. Conklin reported that staff had received 16 bids for the Hidden Hills Reservoir Project ranging from $4.5M to $7.3M. The engineer's estimate was $7.OM. Staff is in the process of evaluating the bids and will present its finding to the Planning- Engineering-Operations Committee at its next meeting. Staff is continuing to work on obtaining the required permit from the State and easement from Shapell. Mr. Vecchiarelli reported on the status of the right-of-way permit and stated that this project was going to be included in an application for economic stimulus funding. REPORTS. INFORMATION ITEMS AND COMMENTS 12. a. President's Report No report was given. b. Directors' Reports No reports were given. C. General Manager's Report Mr. Vecchiarelli commented on increased property tax revenue to be collected by the County as a result of the new state budget. This increase should not affect the District. Mr. Vecchiarelli also stated that he had recently attended a Commission meeting of the Laguna Beach County Water District to present them with a proclamation acknowledging their assistance during the Freeway Complex Fire. COMMITTEE REPORTS 13. a. Executive-Administrative-Organizational Committee (Summerfield/Mills) Alternate: Collett 1) Minutes of meeting held February 17 were provided in the agenda packet. Director Summerfield attended. Items discussed during the meeting were as follows: 2009 Board of Directors Strategic Planning Workshop; reports on legislative and grant activities; General Counsel's monthly billing reports; and Directors' and General Manager's fees and expenses for October through December 2008. 2) Meeting scheduled for March 17, 4:00 p.m. 3 b. Finance-Accounting Committee (Beverage/Summerfield) Alternate: Mills 1) Meeting scheduled for March 13, 9:00 a.m. C. Personnel-Risk Management Committee (Armstrong/Collett) Alternate: Summerfield 1) Meeting scheduled for March 9, 4:00 p.m. d. Planning-Engineering-Operations Committee (Mills/Armstrong) Alternate: Beverage 1) Meeting scheduled for March 5, 4:00 p.m. e. Public Information-Technology Committee (Collett/Beverage) Alternate: Armstrong 1) Meeting scheduled for March 3, 4:00 p.m. f. MWDOC/OCWD Ad Hoc Committee (Mills/Collett) Alternate: Summerfield 1) Meeting scheduled for March 24, 4:00 p.m. g. City of Placentia Ad Hoc Committee (Beverage/Vecchiareili) 1) Minutes of meeting held Feb 18 were provided in the agenda packet. Director Beverage and Mr. Vecchiarelli attended. Items discussed during the meeting were as follows: Joint Synthetic Turf Demonstration Project; proposed legislation concerning setting of rates by private water utilities; water conservation resolution and implementation plan; city sewer system; resource allocation and sharing; groundwater production facilities; and Miraloma Building Use Agreement. 2) Next meeting to be scheduled. INTERGOVERNMENTAL MEETINGS 14. a. MWDOC Board, February 18 (Staff) Staff did not attend. b. OCWD Board, February 18 (Staff) Staff did not attend. C. Yorba Linda City Council, Feb 17 (Armstrong) Director Armstrong did not attend. I 4 d. Yorba Linda Planning Commission, February 25 (Summerfield) President Summerfield attended and made note of a few conditional use permits and the proposed Draft Housing Element discussed during the meeting. BOARD OF DIRECTORS ACTIVITY CALENDAR March Public Information-Technology Committee, Mar 3, 4:00 .m. Collett/Beverage Yorba Linda City Council, Mar 3, 6:30 .m. Mills MWDOC/MWD Workshop, Mar 4, 7:30 a.m. Staff OCWD Board, Mar 4, 5:00 .m. Staff Planning-Engineering-Operations Committee, Mar 5, 4:00 .m. Mills/Armstrong Personnel-Risk Management Committee, Mar 9, 4:00 .m. Armstrong/Collett Yorba Linda Planning Commission, Mar 11, 7:00 .m. Collett District Board Meeting, Mar 12, 6:30 .m. Finance-Accounting Committee, Mar 13, 9:00 a.m. Bevera a/Summerfield Executive-Admin-Or anizational Committee, Mar 17, 4:00 .m. Summerfield/Mills Yorba Linda City Council, Mar 17, 6:30 .m. Armstrong MWDOC Board, Mar 18, 8:30 a.m. Staff OCWD Board, Mar 18, 5:00 .m. Staff District Board Workshop Meeting, Mar 23, 8:00 a.m. MWDOC/OCWD Ad Hoc Committee Meeting, Mar 24,4:00 .m. Mills/Collett Yorba Linda Planning Commission, Mar 25, 7:00 .m. Summerfield District Board Meeting, Mar 26, 8:30 a.m. CONFERENCES AND SEMINARS 15. None. A recess was declared at 10:08 a.m. ADJOURN TO CLOSED SESSION The Board entered into Closed Session at 10:15 a.m. All Directors were present. Also present were Messrs. Vecchiarelli, Grady and Kidman and Mses. Knight and Park. 16. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation Pursuant to Subdivision (b)(1)(b) of Section 54956.9 of the California Government Code Number of Potential Cases: Unknown The exposure to litigation arises from assertions of District responsibility for property and related losses incurred during the "Freeway Complex" firestorm of November 15 and 16, 2008. The Board reconvened in Open Session at 10:52 a.m. President Summerfield reported that no action was taken during Closed Session that was required to be reported under the Brown Act. 5 9 'w'd OE:9 le '600Z 'Z l gaew pleq aq ll!m sio;oana;o pjeo8 aql to 6uilaaw ~xeu eql •w•e Z4:01 je paujnofpe 6ugaew aql '491loo io;oand Aq papuooas '6uoi;swiy jo;oajia Aq uoi;ow a up 1N3WNHnof av ITEM NO. :2- AGENDA REPORT Board Meeting Date: March 12, 2009 APPROVED BY THE BOARD OF DIRECTORS OFTHEYORBA LINDA WATER DISTRICT To: Board of Directors MAR 2 2009 From: Pat Grady, Assistant General Manager BY Staff Contact: Diane Cyganik, Finance Director S/n C 67 v m/3 o92&7,55'oV 01~6-1115 Reviewed by General Counsel: N/A Budgeted: Yes Total Budget: N/A Funding Source: All Funds CEQA Account No: N/A Job No: N/A Compliance: N/A Estimated Costs: $1,016,441.50 Dept: Bus Subject: Payments of Bills, Refunds, and Wire transfers SUMMARY: Section 31302 of the California Water Code says the District shall pay demands made against it when they have been approved by the Board of Directors. Pursuant to law, staff is hereby submitting the list of disbursements for Board of Directors' approval. DISCUSSION: The major items and wire transfers on this disbursement list are as follows: A wire of $416,611.19 to MWDOC for January 2009 water purchase; and, a check of $33,646.28 to Villa Ford for New Vehicles' purchase for Operations. The balance of $326,204.68 is routine invoices. ADP is now issuing our payroll checks, with the exception of the third party checks, listed below. In summary, the check register total is $776,462.15; payroll No. 4 total is $239,979.35; and, the disbursements of this agenda report are $1,016,441.50. A summary of the checks is as follows: Pavables: Manual Check Check No. 51052 Computer Checks Check Nos. 51053 - 51159 Payroll #4: Manual Checks Check Nos. 4253 - 4254 Void Checks Check Nos. 4255 - 4256 Manual Checks Check Nos. 4257 - 4259 The disbursement total for the current period is $1,016,441.50, distributed as follows: Water $ 980,617.72 Sewer $ 14,298.24 ID #1 $ 0.00 ID #2 $ 21,525.54 TOTAL $1,016,441.50 i '05'Lbb'9L0'L$;o lunowe eq} w s;uawasingsip azuoq;ne pue Aplei sioloajia;o pieoa ay;;eql :NOIIVGN3WWO33M ddV1S -Algluow-iwes sia;suej; anM pue spun;ai 'spiq sanoidde sio;oaiia;o pjeoa aql :(S)NOIIOV (3MVOS INVA313H NOWd i March 12, 2009 CHECK NUMBERS 51052 TO 51159 $ 359,850.96 WIRE: W-31209 MWDOC $ 416,611.19 TOTAL OF CHECKS AND WIRES: $ 776,462.15 PAYROLL NO. 4: CHECK NUMBERS: 4253 TO 4259 $ 239,979.35 - - - - - - - - - - - - TOTAL: $ 1,016,441.50 APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF MARCH 12, 2009 TOTAL DISBURSEMENTS ARE DISTRIBUTED TO THE FUND ACCOUNTS AS FOLLOWS: WATER $ 980,617.72 SEWER $ 14,298.24 ID # 1 $ 0.00 ID # 2 $ 21,525.54 TOTAL: $1,016,441.50 Yorba Linda Water Distric'tCHECK REGISTER FOR CHECKS DATED 02-27-09 THRU 03-12-09 Check. Check... Posting. Vendor Name Check..... No Date Date Amount 51061 03-12-09 03-12-09 A6cR FLOOR COVERING 98.91 51062 03-12-09 03-12-09 ABIGAIL ABBOTT STAFFING SVC 5,892.05 51063 03-12-09 03-12-09 ANSWER ONE COMMUNICATIONS 381.78 51064 03-12-09 03-12-09 ARROW HARDWARE 613.15 51065 03-12-09 03-12-09 ARROWHEAD 12.77 51066 03-12-09 03-12-09 ARTISTIC MAINTENANCE, INC 3,495.60 51067 03-12-09 03-12-09 AT & T - CALNET2 3,667.66 51068 03-12-09 03-12-09 AT&T/MCI 706.45 51069 03-12-09 03-12-09 AUTOMATION DIRECT 26.25 51070 03-12-09 03-12-09 AWWA - DUES 82.00 51071 03-12-09 03-12-09 B & M LAWN & GARDEN 1,171.54 51053 03-12-09 03-12-09 BINKS LANDSCAPE 976.02 51072 03-12-09 03-12-09 BOATSWAIN'S LOCKER 143.21 51073 03-12-09 03-12-09 BOB PETERS FIRE PROTECTION 125.00 51054 03-12-09 03-12-09 BRUCE SPIELBUEHLER 991.05 51074 03-12-09 03-12-09 BUTIER ENGINEERING INC 17,455.00 51075 03-12-09 03-12-09 C & L REFRIGERATION CORP. 259.16 51076 03-12-09 03-12-09 CA DEPARTMENT OF PUBLIC HEALTH 10,950.52 51077 03-12-09 03-12-09 CADET UNIFORM SERVICE 356.05 51078 03-12-09 03-12-09 CALIFORNIA ASSOCIATION PUBLIC 400.00 51079 03-12-09 03-12-09 CAROLLO ENGINEERS 30,995.00 51080 03-12-09 03-12-09 CHAMBERS GROUP INC. 11,198.75 51081 03-12-09 03-12-09 CHICAGO TITLE COMPANY 1,000.00 51082 03-12-09 03-12-09 CNA SURETY 350.00 51083 03-12-09 03-12-09 COASTLINE EQUIPMENT 481.76 51084 03-12-09 03-12-09 COGSDALE SERVICES CORPORATION 12,243.00 51085 03-12-09 03-12-09 CONSOLIDATED REPROGRAPHICS 7,304.87 51086 03-12-09 03-12-09 CYNTHIA BOTTS 172.70 51087 03-12-09 03-12-09 D. R. CRISKE TRUCKING 2,527.19 51088 03-12-09 03-12-09 DANGELO CO. 592.19 51089 03-12-09 03-12-09 DAPPER TIRE CO. INC. 2,004.32 51090 03-12-09 03-12-09 DON WOLF & ASSOCIATES INC. 202.53 51091 03-12-09 03-12-09 EISEL ENTERPRISES, INC. 1,644.05 51092 03-12-09 03-12-09 ELLIOTT ROOF MAINTENANCE 90.00 51093 03-12-09 03-12-09 ENERGY ENVIRONMENTAL SOLN, INC 2,200.00 Yorba Linda Water DistrictCHECK REGISTER FOR CHECKS DATED 02-27-09 THRU 03-12-09 Check. Check... Posting. Vendor Name Check..... No Date Date Amount 51055 03-12-09 03-12-09 EXECUTIVE PROP MANGEMENT 15.64 51094 03-12-09 03-12-09 FAIRWAY FORD SALES, INC. 117.59 51095 03-12-09 03-12-09 FEDERAL EXPRESS 38.49 51096 03-12-09 03-12-09 FOUNDATION FOR CROSS-CONNECTIO 965.00 51097 03-12-09 03-12-09 GOLDEN BELli PRODUCTS 321.10 51098 03-12-09 03-12-09 GOVERNMENT FINANCE OFFICERS 160.00 51099 03-12-09 03-12-09 GRANT THORNTON LLP 3,500.00 51100 03-12-09 03-12-09 GRAYBAR ELECTRIC CO 6.54 51101 03-12-09 03-12-09 GRIFFITH AIR TOOL, INC. 676.13 51102 03-12-09 03-12-09 HAAKER EQUIPMENT CO. 1,485.02 51103 03-12-09 03-12-09 HASCO OIL COMPANY 1,331.57 51104 03-12-09 03-12-09 HOME DEPOT CREDIT SERVICES 120.77 51105 03-12-09 03-12-09 IMAGES BY G MILLER 149.00 51106 03-12-09 03-12-09 INDUSTRIAL MAINTENANCE SERVICE 422.68 51107 03-12-09 03-12-09 INFOSEND 5,211.26 51108 03-12-09 03-12-09 INTERIORS BY JANI-TRESS 4,125.22 51109 03-12-09 03-12-09 J & S CONSTRUCTION 562.50 51056 03-12-09 03-12-09 JAMES PERRY 37.12 51057 03-12-09 03-12-09 JENNIFER CHRYSLE 20.00 51110 03-12-09 03-12-09 KRISTEN SCHROEDER 100.00 51111 03-12-09 03-12-09 LEIGHTON CONSULTING, INC. 1,776.20 51112 03-12-09 03-12-09 LIGHT BULBS ETC 260.41 51113 03-12-09 03-12-09 LYON SUPPLY CO. 984.41 51114 03-12709 03-12-09 MAG SYSTEMS, INC. 781.07 51058 03-12-09 03-12-09 MARK TUTTLE 172.49 51115 03-12-09 03-12-09 MATT OSTIZ 64.00 51116 03-12-09 03-12-09 MC FADDEN-DALE HARDWARE 906.54 51117 03-12-09 03-12-09 MC MASTER-CARR SUPPLY CO. 237.73 51052 02-27-09 02-27-09 McCORMICK,KIDMAN & BEHRENS LLP 23,965.04 51118 03-12-09 03-12-09 METCALF & EDDY, INC. 1,529.50 51059 03-12-09 03-12-09 MICHAEL MINNICK 36.04 51119 03-12-09 03-12-09 MICHAEL PAYNE 1,002.00 51120 03-12-09 03-12-09 MINUTEMAN PRESS 911.22 51121 03-12-09 03-12-09 MSO TECHNOLOGIES 4,025.00 W31209 03-12-09 03-12-09 MUNICIPAL WATER DISTRICT 416,611.19 Yorba Linda Water DistrictCHECK REGISTER FOR CHECKS DATED 02-27-09 THRU 03-12-09 Check. Check... Posting. Vendor Name Check..... No Date Date Amount 51122 03-12-09 03-12-09 MUZAK OA 64.65 51123 03-12-09 03-12-09 NEXTEL OF CALIFORNIA 1,834.83 51124 03-12-09 03-12-09 NICKEY PETROLEUM CO 5,307.94 51125 03-12-09 03-12-09 NICOLE DALTON 356.40 51126 03-12-09 03-12-09 NWRI/OCWD CHILDREN WATER 500.00 51127 03-12-09 03-12-09 ORANGE COUNTY NUT 90.36 51128 03-12-09 03-12-09 PARTS SOURCE ANAHEIM 331.30 51129 03-12-09 03-12-09 PEGGY McCLURE 997.50 51130 03-12-09 03-12-09 PLUMBERS DEPOT INC. 630.34 51131 03-12-09 03-12-09 PRAXAIR DISTRIBUTION 174.03 51132 03-12-09 03-12-09 PSOMAS & ASSOCIATES 19,247.46 51133 03-12-09 03-12-09 QUINN POWER SYSTEMS ASSOCIATES 3,416.15 51134 03-12-09 03-12-09 RICHARD GANGLOFF III 170.00 51135 03-12-09 03-12-09 RICOH AMERICAS CORPORATION 1,453.00 51136 03-12-09 03-12-09 RKI ENGINEERING, LLC 4,500.00 51137 03-12-09 03-12-09 SC FUELS 542.42 51138 03-12-09 03-12-09 SCOTT W. MOULTON 6,120.00 51139 03-12-09 03-12-09 SECRETARY OF STATE/CALIFORNIA 100.00 51140 03-12-09 03-12-09 SELMAN CHEVROLET COMPANY 673.91 51141 03-12-09 03-12-09 SHRED-IT LOS ANGELES 65.00 51142 03-12-09 03-12-09 SOUTHERN CALIF EDISON CO. 51,156.12 51143 03-12-09 03-12-09 SOUTHERN CALIF GAS CO. 8,361.88 51144 03-12-09 03-12-09 STACY BAVOL/PETTY CASH 320.00 51145 03-12-09 03-12-09 STANDARD REGISTER 145.20 51146 03-12-09 03-12-09 STATE CHEMICAL MANUFACTURING 393.13 51147 03-12-09 03-12-09 STEVE CLAYTON 100.00 51148 03-12-09 03-12-09 STEVEN ENTERPRISES 286.08 51060 03-12-09 03-12-09 TEAM ADVANTAGE REO 35.33 51149 03-12-09 03-12-09 TOWNSEND PUBLIC AFFAIRS, INC. 5,240.00 51150 03-12-09 03-12-09 UNDERGROUND SERVICE ALERT 195.00 51151 03-12-09 03-12-09 UNITED INDUSTRIES 549.85 51152 03-12-09 03-12-09 VERIZON WIRELESS 423.27 51153 03-12-09 03-12-09 VILLA FORD 33,646.28 51154 03-12-09 03-12-09 VILLAGE NURSERIES 23.92 51155 03-12-09 03-12-09 VISION SERVICE PLAN 1,655.01 Yorba Linda Water DistrictCHECK REGISTER FOR CHECKS DATED 02-27-09 THRU 03-12-09 Check. Check... Posting. Vendor Name Check..... No Date Date Amount 51156 03-12-09 03-12-09 WELLS SUPPLY CO 5,980.88 51157 03-12-09 03-12-09 WILSON & HAMPTON PAINTING CONT 27,680.00 51158 03-12-09 03-12-09 YELLOW PAGES INC. 167.00 51159 03-12-09 03-12-09 YORBA LINDA HARDWARE 88.91 776,462.15 ITEM NO. AGENDA REPORT Board Meeting Date: March 12, 2009 APPROVED BY THE BOARD OF DIRECTORS To: Board of Directors OF THE YORBA LINDA WATER DISTRICT From: Pat Grady, Assistant General Manager MAR 2 2009 Staff Contact: Steve Conklin, Engineering Manager BY Joe Polimino, Project Engineer m s o 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. STAFF 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. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this item at its meeting held March 5 and supports staff recommendation. 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: Carollo 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 dejiverables, 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. IMP p a "fF .T•~ ~ a1~r..Je Sri' m -SS ~'zv ~y - v. ~5 , 7T .''~,ss'~ riaw~e WP~'d110167. ~a4eimfNOOls~o413S108WOtltl 6020-~atieseysll!HusPOIHt~!d~WtieaoAU7AUap~:h I samsopug ai-la d oqi Kaw UO DIg TIO 4Sda ' ,ClaiaoulS mo3 o1loteo~ ra3oq~a our ) 1mm-a gln.to 149L-989 (biL) auogd 1193 KIII uo'aatWo Kul ig aur;omuoo asnald',Simiurns as; .to lesodoid 1g3tay3a; mo ao saogsanb ,Sun annq no,S jj •;3aloid sty; m; siaaul$ug 311=3 $au2p1 .sao0 So; no,( TM L •ioalozd;uau ooelda7a noAiasa-d puelySig ay; ;o uon3ruisaoD 8utmp saoiAJ2S $uu2aut8ug io;;ona;ao3 iuauno ino no pasnq 2.m smoy JJn;s mo lny; a;ou aseald •panloAin 1101;gutpioo3 pan.uotin3tunuraioo nAxa aqj pug ,Sued iarpoue;o:gontppn agi of anp o~OZ ,Sq sasnaroul XIIE3EdXi uotiornsuo3 $uun saolA.tas BuuaautSuo io;1soo mo `yam ,Syind pit y; n st amp aiaym s;32fold a0 1231A32S asagi saptpid mn3.tagioae 34 (Z) Pug not;aadsut Pug yjD aq; op 03 pa;3alas st o11°mJ 3l (1) :sagoultuns omi paplnoid aneq aM •13aCosg noAiasa7l s11tg aapptH 0g;3o uo143n1191103 91P o; pa;giai saom.ros 8uuaaut2ua io; karcumns aa; pag stnoq rogel;o umop 3lnaiq mo Sutmoys sa14g; omi am pasoloug saag Pug sanoH33IS lolRSKI ay; o; soot;tpuoo ,,il!ng-sit„ ; opi of pasmai uaaq seq gorgm (.iamau iO OOOZ (IflDolny) 913 3tgde.g PntFrp alp;o Moo auo pug mism uo s$utmgip Pio3ai jpng -sd„;o;as aZis 1P8 a;alduro3 auo aptno.Id •asggd uonoansuo3 alp 2aimp;d2i1 spioaai augpai pug 'sago;a)ls Plat; 'uol;eauo;ut pagstum; .toi3eriuoo no posgq s8utmnzp piooaa „;ling-sit„ amdaad •8 N •lgsodoid stg; io; 8ut;aaur SI aurnssy s8unaaur ssaigoid ails no puan 'ia8ugai uop3nnsuoo ay; uios; p nsmbai uagM L •lnsodoid stop io; suta;l .iaprp aSaggD OZ au nssy •s;sanbar iaprp ogtmgD jo uopttniena pun mmAaz gitm;stssg `m2ugur uotionnsaoo atli uro13 paisonbai aagAl •9 Z abed 6002 `l4 tienjged lou;sid je;eM epui-1 egaoA uiI$uo0 aA®;g •iW ATTACHMENT ESTIMATED LABOR HOURS 6 FEE SUMMARY 3RD PARTY CONSTRUCTION MANAGER YORBA LINDA WATER DISTRICT EXTENDED ENGINEERING SERVICES HIDDEN HILLS RESERVOIR PROJECT Fe ruary 11,2009 ESTINATED LABOR HOURS EXPENSES SUSCONSULTANTS TOTAL WSTS of `o m ,@ c m W �L E £ a a ca P U 5 e a o m g w� �$ o - = € E e Personnel 09 g w 3 o e ro 6 W $ c m E 5 9 erne W 0 los 3 3 y O Fb Gassifi 21OF PIC PM PE CAD WP SOir Avers Hw Rate EXTENDED ENGINEERING SERVICES $234 $197 $165 $100 $90 $9.00 3200 10% 1 Prepare for Preconstiuctlon Meeting 4 78 8 - 2 30 $270 $1,800 $7,300 2 Review Shop rawl - $310 55.600 $3,400 $=NO x,300 P rgs/Submitials(100 total,25%v411 require rereview) 0 120 240 - 4 364 $3,280 $22,500 $8,300 $1,000 $3,280 $63,600 $36,100 $3,3D0 $103,000 3 Review RF1's(75) 0 100 100 - 4 204 $1,840 $6,700 $6,400 $500 $1,360 $38.600 $15,000 $1,800 $53,400 4 Pmleet Communication 24 24 5 Pmjecl Management(Staging.Budget and Schedule OA/OC) 24 24 - - 4 62 $470 - - - - $10,700 - $500 $11,200 6 54 $490 - - $500 $11,40D$10,900 6 Review Change Order ProOOSals(ZO) 10 50 30 20 4 114 $1,030 54,000 $2,600 $500 $710 $19,500 $7,800 $1,000 328,300 7 Pmg a3s Meetings(15) 20 60 - - - 80 $720 - $2.800 _ $280 $18.500 $3,100 $700 $20.300 8-AS-Built'Record Drawln9s 2 18 24 120 - 162 $1,460 - $8,800 - 58H0 $79,600 $9,500 $1,500 $30,600 TOTAL 84 410 402 140 24 1080 $9,560 $35,000 $31,000 $2,000 $8,300 $183-00 $74,900 59,600 $267,500 ITEM NO. AGENDA REPORT Board Meeting Date: March 12, 2009 APPROVED BY THE BOARD OF DIRECTORS To: Board of Directors OF THE YORBA LINDA WATER DISTRICT MAR 1 2009 From: Pat Grady, Assistant General Manager Staff Contact: Steve Conklin, Engineering Manager By 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 Butier 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: 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. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this item at its meeting held March 5 and supports staff recommendation. 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 tune 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 a Digital Camera a Electronic vaulting for project data a Consumables for reports a Project Vehicles a 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 BUTLER Construction Managers, Consultrng 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, Bunee Construction Managers, Consulting Engineers Mark M. Butier, Jr. Vice President/CFO Yorpa Undo Water District Construclbn Men agemeM and Reservoir Servleos Fee Summary, ror the Hidden NIIM Reaarvolr Baseline with Inspeetlon t� f ofl aee 1. to 1.3 n0� 't&n amq Mpp09 Ope® 10 ripr09 - Ca#;Par. RasMaM En IneBr - 140 0.d pA do 40 Lead iris r S.Whke 140.00 epp do do m m. MUN /pp J.YMkenhuM 812500 op aO Oe OA 0.a $L ap 40 . m Oa 0`L 20.0 0.O qtr 40 dp m S.WO remm a0$ 1000 20. .� ``" 19600 102. 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CA . I ire 2p WIDE Lo-r \ — TF-MrOKAZYCD�6TKUGTLO� l; r-A6r--Mp-p-r 1 Pry=�r�r�T-r RECORDING REQUESTED 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 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 ("Shapell"). 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 (R_ WOCB) 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 I 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. Signature (Seal) EXHIBIT A LOCATION OF PERMANENT EASEMENT AREA A 20.00 FOOT WIDE EASEMENT OVER 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, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 3 OF TRACT NO. 13669 AS SHOWN ON A MAP FILED IN BOOK 648, PAGES 17 AND 18 OF MISCELLANEOUS MAPS IN THE SAID OFFICE OF THE COUNTY RECORDER; THENCE ALONG THE NORTHEASTERLY LINE OF SAID TRACT NO. 13669 SHOWN AS 'NORTH 42' 19'22" WEST 48A0 FEET" ON SAID MAP, NORTH 42' 19' 22" WEST 23.99 FEET TO A POINT ON SAID NORTHEASTERLY LINE BEING ALSO A POINT ON A 230.00 FOOT RADIUS NOWTANGENT CURVE CONCAVE NORTHWESTERLY AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; A RADIAL THROUGH SAID POINT BEARS NORTH 42' 39' 12" WEST; THENCE ALONG THE NORTHEASTERLY PROLONGATION OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15' 58' 32" AN ARC DISTANCE OF 64.13 FEET TO THE BEGINNING OF A 207.00 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 29' DO' 33" AN ARC DISTANCE OF 104.81 FEET; THENCE NORTH 60' 22' 49" EAST 62.19 FEET TO THE BEGINNING OF A 150.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31' 08' 50° AN ARC DISTANCE OF 81.54 FEET; THENCE SOUTH 88' 28' 21" EAST 70.51 FEET TO THE BEGINNING OF A 150.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33° 57'04" AN ARC DISTANCE. OF 88.88 FEET TO THE BEGINNING OF A 750.00 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 07' 44' 21" AN ARC DISTANCE OF 101.31 FEET; THENCE NORTH 65' 18' 58" EAST 95.51 FEET TO THE BEGINNING OF A 330.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14' 47' 52" AN ARC DISTANCE OF 85.23 FEET; THENCE NORTH 80 606' 48' EAST 83.28 FEET TO THE BEGINNING OF A 550.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19' 06' 57" AN ARC DISTANCE OF 183.50 FEET; THENCE NORTH 60' 59' 61' EAST 57.38 FEET TO THE BEGINNING OF A 350.OD FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12' 10'36" AN ARC DISTANCE OF 74.38 FEET; THENCE NORTH 734 10' 27" EAST 121.87 FEET TO THE BEGINNING OF A 800.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12' 41' 50" AN ARC DISTANCE OF 177.29 FEET; THENCE NORTH 85" 52' 17" EAST 69.05 FEET TO A POINT ON THE NORTHEASTERLY BOUNDARY OF SAID TRACT NO 13230 SHOWN AS A 345.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY AND DISTANT THEREON AN ARC DISTANCE OF 47.94 F-Er AND 'A CENTRAL ANGLE OF 7' 57' 43" FROM THE NORTHWESTERLY TERMINUS THEREOF. THE SIDELINES OF SAID 20.00 FOOT WIDE EASEMENT SHALL BE SHORTENED OR LENGTHENED SO AS TO TERMINATE IN THE SAID NORTHEASTERLY LINE OF TRACT NO 13669 AND THE SAID NORTHEASTERLY LINE OF TRACT NO. 13230. 2 I Koz 'o£ aunt ml*o eaman 3 4 46OL-4Z4 646 :XV4 6604-4Z4 6t6 a --~•.~?ra 'nu 0''. u 1a0 IM 'Sld e9G1 'H Pma 919Z8 tl0 '3N1M1tl1 ooz Suns /o° £ . l~ ware •m ` , M8 NOANVO VNnovi 6,z9i i *40 uaPalp ap Jepud P I bAd s l n ~'r *w F JNI HJ31 tl1iJ 31 j drys ~)>>y No`\ 09-%L :31VOS OIHdVHD g ~NVI"14P~ .ozi .09 .0 1N3W3SV3 unin PI-•-~f-/P'vP V~~ (39PCf- 'ON J DVL1- Pd-f /rP9 [/TN r zc~f- 'GN l3vu sL - ` ° (699£1 'ON '211 £ 101 '2100 A1,N) '0'0'd- ~ i ova ,00'9* A1„ZZ,6L.Z*N f n r 0 X' z m m ' f ,49.18 100,091 ,09,90.10 0 m ,18'bol OO-LOZ ,££,o0zz 8Q N m £t'49 00'0£Z al£,gq.gi Q m v VIVC 3A855 ti do L 133HS «V•s JJSIHX3 VaHV .LNIWISV21 ZN 2[NIVM:lj 30 ANOLLVao-I V ,LIHIHR3 EXHIBIT A LOCATION OF PERMANENT EASEMENT AREA EXHIBIT ""14"" SHEET 2 OF 4 CURVE DATA A R L D 33.57004" 150.00' 88.88' E 07'44'21" 750.00' 101.31' J - r F 14'47'52" 330.00' 85.23' 0 w / U. / F ~ U i J D t Ili! 0 E TRACT NO. 13730 MM 6601-1-716 0 UTILITY EASEMENT 80' 120' \00L IApD ~ GRAPHIC SCALE 1 "m80' `~aO N W'4(' r g. U TETRA TECH INC. A I No. 4431 N,y Tad r the dheetfan of N 18241 LAGUNA CANYON ROAD saoa 3 U C $ SUrrE IRVINE2CA 92618 ~pQ~$ David H dttame, PL& 4131 Dole 949 727-7099 FAX: 949 727-7097 C~p CALIF License eNdres June 30, 2004 j z 4 a i 480L-LZ4 848Xtlj 660E-ELL 896 w 6002 'OC aunp wwro esuea0 M0 ,p u oloa IM 'Sld 'ilw 8P 'H PM % s 84926 'VJ '3MAtl1 ooz alms io ► roa-a W3 I,~~ avow Nomm vNnm 14L94 s w uomajlP 84l n P Ad j Wit 'ON i '0NI 'H031 VH131 o jS,\)tM t~p`o5^r'' .09-„1 •3TVOS JIHdvdo rte. ONVI I`1~ . ozt ,09 .0 1N3W3SV3 5aniln 19 f--4409 1 ff4ff4 oiplaef- I r z m m '0 m L7 m N m Cl) m % m Ln m m a' 8£'94 00'04£ a8£,OI.LI H ,09'£81 ,OO'099 ,L9,90.66 0 i a p Vida 3n?j n5 It 30 £ 133HS Coda JJ81HX3 V"v iwaw3SV3 .LN3NIvm:ld 30 NIOI.LF OO'I V -J IHIHxa EXHIBIT A LOCATION OF PERMANENT EASEMENT AREA EXHIBIT "A►" SHEET 4 OF 4 CURVE DATA D R L I 12'41'50" 800.00' 177.29' 3.kl. N0. J 7'57'43" 345.00' 47.94' @7PARCEL-4434 K 28'52118" 345.00' 173.85' P.i1.e.232/26-2 K r' N tL1 j 'f ai ° Z 10 J X U Q 1 R I\C r NO. 313230 iylJvl 880/1- 16 a UTILITY EASEMENT 0• 60' 120' IL L ~`/`H 4 0 s GRAPH?C SCALE: 1'-60' i a No. 4131 7 PrcP u tlIe direcuan of: o TETRA TECH, INC. 3M 4e-/ 18241 LAGUNA CANYON ROAD e- * 3 i SUITE 200 David N. illtlartm, PLS. 4131 Date n IRVINECA 92818 ,L049)'7 27-7099 FA%: 949 727-7097 (k' CA~1F Uconse expires June 30, 20D4 i i EXHIBIT B LOCATION OF CONSTRUCTION EASEMENT AREA ?HOSE 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 -HROUGH 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 648, 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 79045'08" WEST 114.66 FEET; THENCE NORTH 87`06'40" WEST 152.35 FEET; THENCE SOUTH 54410'56' 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. I 7 8 396-B:f (VI[) af9-11, ll VS 'VI-fOl UU 1, -ls (~'I r~" v ry B LIOf 'd001 AYMtltlOd 1f051 iN1Vv3S V j I• oijol i!ISL-yoJ 0 t 133HS! 'DNI 'JNk3AHns --os= 3,'175' 80 B, 0'a 31Va Z90=eor S tiff`s ~ p~,~ 9 F - -rte - ~ _ - I A D ez a po9~d~~a zz rC m a) z _ o 00 c w 1 v O _ ti '1 PI k7 Pi W D (.u ~ ~ I 00WWfU s a .y W ....D rn f• I C] li 0A Ln 00 Ln;o - _ 0 A V 0 O Cl ..-i ~ Z UIN O Cn W t.) ;,I I - N adOW N r = ' Bl A 1 cn000. ors noo0o0C/ V7 "I e.- I t ~ 0 CD a) 0 m In V+W-^ .A Z Ue UI W 0 UI LO -I W.+®Aa.. 1.12 \ VC. CJf WN~•O~D CD V O. U A W N-+ rl G VIZZ N/ /vB Vl InNZZ VIZZ ZIr,j i, ) 0) O(D O`W 0M AP• W NNE V (TJ0 W AF ~ pm LA00NN V W : NO V ~D X14 DN D ~r a --'NN W O^ N A A 0 (L y~O~•rv ~•,•C, - N®-I raMrulr.w mean.-ruac,-m~o%uz OO< rn rVa r%) ru C:' O W WO A tD 0 ru > Ce ~'~~OVWJD C m w m m O T W N D _ O 0 f1 tR ITB r_ S C f'1 f'4 f'7 fR 9T1 f'! P'1 !°1 S O ~J M .N co m D D O r(0 -i v O] C1 0 - p N .D V:7`.NOO~~uWU1W @--U4NW Vfi 0 NOV VaUiwW WO'^N r`NUtd 00D O ~ n U D d W~ w U O O V c~ W N W ~D tJ 2. U',N ~INOP•OON UID W NPT1 d S .LIHIHXH EXHIBIT C-1 LEGAL DESCRIPTION OF SERVIENT ESTATE Parcels I 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. I Pared 1 °ITt(ue portions of Leta 1 and 2, of Tract No. 13230, in the City of Yorba Linda, County in (hargc, Slane c,: C•ahlomia as shown on a map filed in Book 660, Pages I through 16, inclusive, of Miscellaneous Maps, to the C )Ihc, or the County Recorder of said County, described as follows' Connmenc:ng at the most westerly corner of said Ior 2; thcnce North 68°000)" Masi 6063 reel xonp. the northwesterly line of said Lot 2 ro the 'T'rue Point of Beginning; thence Icavtru,, said nunhwesterly :inc. tirroth 3tP1.'00 East 52-1.17 feet: thence South 5'27'19'• East 30.76 feet to the beginning. of it rtngent curve concavi• westerly having a radius of 50.60 feel; thence southerly 14.58 tect :long said curve through a central angle of 39*1-i1% thence tangent front stud curve South 34'I0'32^ West 25,83 feet to the. southwcsicr:'y line of said Lot 2; 'hence South -%15.00.. Last 13.99 feel aloar said southwesterly lute to a Ixrml on a non-tangent curve concave southeasterly hayin..i r.adi" of :5()00 Icct..i radial hat to sail pour on said Lune hears North W'IA'36" West, s-a:d point also home the most southerly carne: ut s:uel Lot 2, thence :dung the general suutheaatetly line of ,,slid lAil the following courses: southvvesterh 'SJ 04 feet doniz said curve through a central .mglc of 19"15'16' to the iemnning of a :aaccnt reverse tune concave nnehucnterty having a rallus of 205 (4) feel, soulhwcsedy 58.12 feet 11:01ig sae:.' cane through a cer.:ral ang:e of Ili' 14 is ..(!0119 a rtdtal bnc to said curve South 42'1728'• Last 2.(10 feet to the beginning of n non-:argon: curve LinlVavc nochues:cr)v haying a radius ut U7 00 tea:, a radial bnc to :L•e bretnnine of said cunt hears South hrrv:, umthucstetly it tin teat :long said curve through a central :mile of 8°45T" and tcmecnl from sod curs, SuuO: ;h-:ti '9' West 74 79 feel. thcnce North 23"31'41^ West 2,14.86 feet a:ong tic sowhwcs:criv line or said L,~: I an'! the northr;arrrly line of Pare.-! S cr City of Yorha Linda tan Lane AJlmtmc it I.[. 01-11i:, rccur:ici 11 , 1.96 ,u Insrr.;.- a No. 199604 1 3 14i or Official Ruwrds, in :ne otbci' of said Cocnry Recorder. t0 the nasth%c,mlt line d said Parecl thence South 32405 54" Rest 111.34 feet .lone said :.1st nncn:rnncd northwestrdv line to th.• eacahuccter.v line of s.vd Lot 1; thence ai0rg said last mentioned aouthwusterh line and the norihwrstcriv line of s.ud Lot I Ire ..^ullou:^,? courses: Nort9 15"90n West 1,4905 leel, North 36°4ti'00•' L':u: 10!.44 fret Lad North 61°2000" Last 266.19 tec: to ?std most westerly concr of Lot thence North 68"000I3" fait hi) 6 e)u:ap vrd rUrlhwevtcrly !mc of Lot 2 :a :hc True Point of Beginning. 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I;P 1111 _ ~ r ~~.e~.,n b . N711{;, P Nlr Ri' y- / 69{'B Ok y Ny 71-. 15Jf 1'i 'i IiIWit l I,'J t 3v fca a: eauz t 1 V t _ _ - vZ ff.~l li.;l_ •EL J 4e' ~ p 1r=S~! '1 f ~I 41•.6S 9~ vi .7i _ I Ic Fv , ~-:v ,I I" p .fF. - , *3n r t'~S Jill 4'.i'- ! vr.Dl 9~- T '_H_ '•tl__ _ i _ llprl 3~i1n7~~ ,I SiLMS Z !0 l 133HS C 8 ?•1 -3~dt'r ,7i?i l J\ .Jtl 4. t fi S.U 'CO-66 =1' - ;0d 3J'.3~i343 f S31USfln-Nl 113ddH5 Sl30evd 03S0c.^,Z:d " S?3?tlmd 0v1S x3 52f3`dAU 2[.LV.LSH ,LNMAIMS 3o NIOI.LdRI3S2jQ 'IV92[Z T-J ,LIMHX2[ 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 1 'Rose portions of Lots 4, 5 and B of Tract No. 13230, in the City of Yorba Linda, Counly of Orange, State of California, as shown on a map filed in Book 660, Pages 1 through °.6, inclusive, of Miscellaneous Maps, in the Office of the County Recorder of said County, described as I'nllowst fte3:ruung at titc most wes:crly corner of said Ltt y said corner i>csng On a curve conc:rvc northweaterlY having a radius of 260,00 feet. a radial line to said most ucstery corner bears South L-111! i-i L'aap, rfrcncc along the northwesters' hx of said lxu 4 ute following cr,incs atetihe.,,ter,} ';.57 feet aEvn.; ,aid carve throw:, a cer,:ral angle of 16°25'59" to the beginning of a tangent reverse curve concave southeaster Iv havutg u radius of 195.00 feet and northeasterly 17.76 feet along said curve through a central angle of 5`13'06"; thence leaving said northweslerv line. rtun-tangent hum said curve, South 69°5R'47" !fast :44.72 feet; thcnce South 31'40:45" Last 722,21 feet to the northerly line of vial Lot A; thence North A612MI0 West 527.7) feet along said nurlhrrly fine and its westerly prolongation to the westeriv line of said ten 4~ thence a:nng the said westerly hoe the :ollowing courses: North 1lrOf" West 2S6 37 !ec:, North ?1°25'C4i' We,t 611 feet. North Z73T55' fast 60 37 feat and North 32'40,~s W cst 282 9; fee: to the P omi of Beetnnmg. Contains an area of S,13 acres, muse or Icss. Parcel Those pcrruuru of Lots 4 and 5 of Tract No. 1121111, in the Ciry of Yorha f:nda. County of Orange, SLUG of California es shown en a map tiled in look 660, Pages 1 through 16, inclusive, of Nhrcellanenus'.'taps, in iftu otfict- of the Coanty RecriHicr ul said Ceunti:. descnbcd as lokluws. Comntenang at the mist westerly collier of said 1fn 4, lard corner, being on a curcc ccmc.ne northwesterly havtn,t radius of 260.00 feet, a :adtal line to slid roost westerly Corner, tsrats Sou^. h: 42`OA IT Last: tCenCc :done the northwesterly fine of said Lot 4 the following courses: northeasterly 71.s7 feet :clung said curve through a (cniral angle Ili"?S'iA' to the hegmaing of a tangent reverse curve con-tie soulho:uterly having a radius of 175AK) tad northcastcdy t? 76 feet along said curve. through a central angle of S°13'CR' to :he Prue Point of Hegunung: Ihcucc Icav:ng s<ud northwesterly lone and nun watvrnt from said curve, South 08' A':7" Last 244.72 feet: thence Snulh 12 EXHIBIT C-2 LEGAL DESCRIPTION OF SERVIENT ESTATE 12°4!735 H:tst fcct ~ the nor!faeriv :foe cl iaul Luc p: iheme Suutl: 86"?Ufi11r E-w 310-hi feet along said nnmlherly ime to t.hr cnctieaetrrlr ,.u:.r•erof >aA Lot 3, dterxe vong the.. rmverly an.i northerly inrs of said Lot S ncc fo3tavuag cuumcs: North 1'NrOO" West 226.39 icct and North 12*4e'Y35' Wcst 34'.', 1 fcc" :o a !s°..;ur on a run tangent cunt mncxmsouthcxuc^r!S hacinga radfasof 394.00 fcc,• !t radial "lint 7e the hcglntt:nw of aadcare Gran North "JJ"J1S t'° Wcst, suUtheasicav Is -16 feet alonII said w-%v :hrough a ecmm of ! T",m 3', t iwcnt :,-on szjc nrrve, snrth %'2077' We %q t?O.M teat to !he. bca nrim of a t;mgr.rv curve mnarec nnnhwecer!% hiring a mlius of 21C,fai feel. wastcrly (0 tcct .slur°g ;aid cure t:'9runtl: a central anoe of to tna beginning of a !anr;jll :c.c;n cone Lino+c.v,a~thcaa;era}a,-tt,R a:a,!im: of!')<i)1~ fcc: anj ~W(ht csa:rly:%1. tat feet ajovg said curve dtru,ign a cen75z! nnglc at ~ 1t :AO !c !,lc Te x poll! ftcQrt:!tnq. Gontam.%:,n area of 5;178 acres., mute or less. 13 i I DmN~ v ~ ~ ~r ~ ~ . z ry> Moo rp - u Y c i 1 ~'~Y d' D® Z p c :F v ca?„ m m A z am 2 3~.J A f ~ A ' ya t ~ bq,Rv CN n r C;4~~° 104201 286 37 z ~'i~ ° ~ ry~Sr ,CSN v ' --N-Roap°oz-7P'sRsC PARCEL 3 I C27 Iff~.on, (9.332 AC) ° te03°20'00°w nm 5A4 84 g SCIS ?G'f,JE 6152' 2G; 'r - v - V) ~I F. 536.4] / `~JF y I R IA I~1 _ /y4~ L ~1 7 O ' m Z 111111 / '~0 t V V ptN O> m M F Am 1 m f) {y~8 8// n ®p Vf yy tJ I 'r 4 Q `~t ~4N ~ p y 21 r7y I ` _ .fit 9dC awn M® o a i ~ v ~nrn n. m m v tc c`-^ it a, 8° y'D 4' x ~ La C A "s f] 1 ~f i\SEE SHEET 2 ~ - ITEM NO. AGENDA REPORT Board Meeting Date: March 12, 2009 rnEwmQFMRW" wwm To: Board of Directors THEy0WUK0AWX801M1GF From: Pat Grady, Assistant General Manager MAR 1 2 2009 Staff Contact: Steve Conklin, Engineering Manager BY ta4/gee f o 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. 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. District staff, the District's consulting engineer Carollo, and District legal counsel reviewed the bid documents from the three apparent lowest bidders. Review of the bid documents from the apparent 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 apparent 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: Award a contract for construction of the Hidden Hills Reservoir Project to Pacific Hydrotech Corporation for the total bid price of $5,012,458. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this item at its meeting held March 5 and supports staff recommendation. ITEM NO.6 HIDDEN HILLS RESERVOIR PROJECT BID OPENING February 24, 2009 Bidder Bid Amount 1. Superior Construction $4,448,000 2. Pacfic Hydrotech $5,012,458 3. Sukut Construction $5,169,000 4. Schuler Engineering $5,262,781 5. Sera Construction $5,520,520 6. Gateway Pacific $5,709,218 7. So. Cal Pacific $5,833,000 8. KEC Engineering $5,881,670 9. CC Myers $6,153,300 10, JBH Structural Concrete $6,172,686 11. SSC Construction $6,178,500 12. Pascal & Ludwig $6,421,891 13. Riverside Construction $6,877,500 14. Griffith Co. $6,886,903 15. Mepco Services $6,970,000 16. Minco Construction $7,332,900 ITEM NO. AGENDA REPORT Board Meeting Date: March 12, 2009 To: Board of Directors APPROVED BY THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT From: Pat Grady, Assistant General Manager MAR 1 2 2009 Staff Contact: Steve Conklin, Engineering Manager Leon de los Reyes, Water Quality Engineer 6Y P"V_Xa- t S-v Reviewed by General Counsel: No Budgeted: Yes Total Budget: $ 11.2 M CEQA Funding Source: Water Revenue Bond Compliance: Mitigated Neg. Dec. Es Account No: 12-27b timated Costs: $11.2 M JoDept: Eng309 Subject: Approval of Change Order 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. 'uo!;epuewwooaj gels spoddns pue 9 yaeW play 6u!;aaw s;! ;e wap s!y; passnos!p aau!wwoo suo!4eiado-6uu99u!6u3-6u!uueld 941 :N0I1V0N3WW003M 33111WWO0 ue '60£OOZ 'ON qof '339fWd 3uawaoe!deN nomeseN P 146iH a43 do uo!;one;suoo Jo; uo!;ejodioo 6u!J99u!6u3 jalnyos o; s~(ep ~epualeo Ieuo!;!ppe 6Z Pue 99'9M6 9l$;o;unowe ay; u! 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Z 'ON JapJO a6ueyo;o Adoo y •lenoidde puawwooai pue;sanbai japio a6ueyo ay; paMa!AaJ ';ue;Insuoo ;uawa6euew uo!;ou;suoo s,pu;s!Q ay; 'sj9au!6u3 ollaeo pue gels jepualeo 69L Pue 'sAep 17171Z6`b8£`6$ s!;unowe;oei;uoo uo!;oru;suoo pes!Aaj 941'panoidde1I .AIaA!;oedsai %17'9 PUe %L'£ aje sAep jepualeo;oei;uoo leu!6!jo pue ;unowe ;oei;uoo leu!6uo o; siapio a6ueyo ;o a6e;ueojad le;o; 'panoidde ;I (uo!sua;xe awl; %O.17 e) sAep jepualeo 6Z Pue (eseajou! Ism %f6 e) 99'926' 69l$ sppe Z 'ON JaPJO a6ueyo `panadde ;I (sAep iepueleo loei;uoo leu!6!jo;0 %t,* L) sAep iepusleo OL pue (;unowe pei;uoo leu!6!jo ay; ;o %0'Z) 69.9179'M$ s! ;unowe a;ep o; japio a6ueyo pazuoy;ny '900Z 'Z aunt 6u!lie;s sAep iepualeo 0£L PUe 917£'6170'6$ s!;oequoo leu!6uo 941 :snnollo; se s! 6u!jaau!6u3 jalnyos y;!nn;oei;uoo uo!;oni;suoo ay; ;o sn;e;s a41 'ei;xe pa;senbai;ou;s!Q e seen s!41 •sinoy Nionn go 6u!jnp s!leo o; 6u!puodsai u! Alle!oadse 'sa!;!l!oe; ay; a;ejado pue u!e;u!ew o; sa!;np nay; ;o aoueuLO}jad ay; u!e;s ono ;o ~(;a;es ay; jo; Aj!I!oe; J!oAaasaJ ay; o; eouei;ue pue 'sayo;ey eouej;ue j!oAjasaj ';IneA anleA ssed-Aq ';IneA Ja;aw ja;em ';lneA aA!eA Josuas ous!as deep ay; ui swe;sAs 6ul;y6!l a;o uo!;elle;su! a41 alnpayos pue s;soo 's;u!ei;suoo aw!; o; anp uo!;do ue se paaaps oo ;ouuseM latlinn An6 ay; 6u!;eooleN •s;uewannbai may; o; ;uensmd sem ~(n6 pue clod jamod s,uos!p3 pa;ad o; ain;onj;s Ilene 6u!u!e;ai a;amoo-peoio;um Ieuog!ppe ;o uo!;ou;suoo a41 •seu!ledld;al;no/jalu! 941 ;o;y6!aM pue ez!s ay; o; anp tiessaoau sie;ey; slue; tiejodwa; ay; ;o seu!led!d;al;no/jalu! ay; ;e s;roddns a;ajouoo;o uo!;oru;suoo ayl YORBA LINDA WATER DISTRICT CHANGE ORDER NO. 2 DATE 2125109 Page 1 d2 CONTRACT NAME: Highland Reservoir Replacement CONTRACT AMT.: $ 9,048 348.00 DAYS: 730 CONTRACT NO.: J-200309 PREV. APPRVD. CHANGES: $183,848.89 DAYS: 10 CONTRACTOR: Schuler Engineering THIS CHANGE: $181,928.35 DAYS: 29 OWNER: Yorba Linda Water District REVISED CONTRACT AMT $9,384,921-44 DAYS: 39 : This Change Order covers changes to the subject contract as described herein. The Contractor shall construct furnish equipment and materials, and perform as work as necessary or required to complete the change order hems for a lump sum price agreed upon between the Contractor and Yonba Linda Water District otherwise referred to as Owner. HNCREASE CONTRACT flME DESCRIPTION OF CHANGES / OR •EXTENSION / - DECREASE IN OR -REDUCTION CONTRACT (DAYS) AMOUNT COP 4: Air gap relocation drain lines $159,130.00 21 days COP 10: Inl@UOUtiet pipe supports at temporary tanks $16,969.00 4 days COP 11: Retaining Wall #3 Clearance $29,817.00 2 days r21:Touchh #1-Insurance premium for Acts of God -$50,000.00 0 days nical cost Sept-Nov -$2,377.00 0 days ntry Lighting $30,750.00 2 days 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 :70d9 ays --~~Z,j ~ S ~l i YORBA LINDA WATER DISTRICT CHANGE ORDER NO. 2 DATE 12/25109 Page 2 of 2 The amount of the contract will be Increased by the sum of _$151,926.65 and the contract time shall be Increased by bjab ens = calendar days. The undersigned Contractor approves to foregoing Change Omer as to the changes, if any, in she conbW price specified for each Item Including any and all supervision costs and other miscellaneous coats resting to she change in work, and as to she extension of time allowed, it arty, for completion of the entire work on account of said Change Order. The Contactor agrees to furnish all labor and materials and perform all other necessary work, Inclusive of that directly or Indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provisions will apply hereto. It Is understood that the Change Order shell be effective when approved by the Owner. This range order wnstilutes full, final, and complete compensation to the contractor for all costs, expenses, overhead, profit and any damages of every kind that the contractor may Ines in connection with the above referenced ranges In the wonk, Including any Impact on the referenced work of any other work under the contract, any flanges in to sequences of arty work, any daisy to any work, any disruption of any work, any rescheduling of any work, and any other effect on any of the work under this contract By the execution of the range order. the contractor accepts the contract price change and the contract completion date flange, If any, and expressly waives any claims for any additional compensation, damages or time extensions. In connection with the above-referenced ranges. r Caroilo RECOMMENDED: DATE: q Engineers Z - Z ~~D l 13 o h ACCEPTED: C Engineering DATE: Engineering Chas Wick APPROVED: Yorba Unda DATE Water District Steve Conklin ITEM NO. AGENDA REPORT Board Meeting Date: March 12, 2009 APPROVED BY THE BOARD Of DIRECTORS To: Board of Directors OfTHFYOgBALINDA WATER DISTRICT MAR 1 2 200 From: Pat Grady, Assistant General Manager Staff Contact: Lee Cory, Operations Manager BY John DeCriscio, Chief Plant Operator M/3/tee s-o 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. PRIOR RELEVANT BOARD ACTION(S): N/A. STAFF 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. COMMITTEE RECOMMENDATION: The Planning-Engineering-Operations Committee discussed this item at its meeting held March 5 and supports staff recommendation. 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 HL5M 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 HL5M 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 I Home Office: One Floodgate Rd, Bridgeport, NJ 08014 856-467-3636 Norwich, CT 660-889-2343 Raleigh, NC 919-661-6061 N. Charleston, SC 643-618-2256 Wilmington, DE 302-656-9144 Manchester, NH 603-887-5550 Houston, TX 281-864-9200 Atlanta, GA 770-529.7559 New York Metro 201-858-8850 Flichmond, VA 804-796-6600 Chicago, IL 708-889-1560 Buffalo, NY 585-344.3156 Virginia Beach, VA 757-490-1300 Boston, MA 617-367-3354 Syracuse, NY 315-536-2317 Washington, DC 301-390-3806 Helene, Mr 406-495-1335 Pittsburgh, PA 724-266-6936 Charleston, WV 304-984-0200 Charlotte, NC 704588.4592 San Antonio, TX 210.648-9101 Los Angeles, CA 951-681-3636 February 26, 2009 Yorba Linda Water District Attention: Mr. John DeCriscio Sale Quotation #BB5453 Page 2 of 2 SALE QUOTATION GSA # GS-07F-9491G UNIT SALE ITEM QTY DESCRIPTION PRICE TOTAL A 1 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 I 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.2 AGENDA REPORT Board Meeting Date: March 12, 2009 To: Board of Directors APPROVED BY THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT From: Ken Vecchiarelli, General Manager MAR 1 2 2009 Staff Contact: Pat Grady, Assistant General Manager BY S=-::~ Qc /r'4 3-J Reviewed by General Counsel: N/A Budgeted: Total Budget: Funding Source: CEQA Account No: Job No: Compliance: Estimated Costs: Savings TBD Dept: Admin Subject: Temporary Cessation of Personnel Recruitments and Promotions SUMMARY: The Board requested this matter to be addressed at this time considering the severity of the economic downturn, the rapidly mounting pressures of rising water and energy costs and simultaneous mandates for implementation of strict water conservation measures. DISCUSSION: Currently, the District has 84 authorized positions as shown on the attached exhibit. Of these positions, currently 74 are filled with full time employees, six of which are filled at a lower classification than the currently authorized salary range. Of the ten vacant positions, staff previously has committed not to fill four of these positions without an additional needs justification with review and approval by the Board. Additionally, with the recent promotion of Pat Grady to the Assistant General Manager position, the IT Director position will not be backfilled until further development of the budget process, strategic planning workshop, needs determination and approval by the Board of Directors. Mr. Grady has agreed to continue serving as the IT Director in addition to taking on the role and responsibilities of the Assistant General Manager position. Several Board members have expressed their desire to temporarily cease all recruitments and promotions of full time District employees until the FY 2009/10 budget is developed and approved. The current unfilled positions are as follows: Accounting Assistant 11 Plant Operator 11 Assistant Administrator I GIS Administrator Safety & Training Officer Sr. Project Engineer IT Director Sr. Project Manager Maintenance Distribution Operator 11 Maintenance Distribution Operator 111 Of the ten vacant positions above, only the last three on the list were being considered for full time positions with the Senior Project Manager and the Maintenance Distribution Operator Ul currently in the active recruitment process. The Senior Project Manager recruitment is nearly complete with a background check in progress. In consideration of the current economic conditions and fiscal status of the District's finances, staff will review alternative options including the potential for limited term or contract employment for this position, pending further review and approval by the Board of Directors. Staff will further consult with the Operations Manager and HR Manager to determine the potential impact to services, safety and the need for proper supervisory coverage before taking any further action on the Maintenance Distribution Operator positions. All other positions will continue to be held in a temporary holding pattern for future consideration during the budget process. PRIOR RELEVANT BOARD ACTION(S): N/A STAFF RECOMMENDATION: That the Board direct the General Manager to institute a temporary cessation of personnel recruitments and promotions of full time employees through the end of the Fiscal Year 2008/09 with further review and consideration within the proposed budget development, review and approval process. COMMITTEE RECOMMENDATION: The Personnel-Risk Manarment Committee will consider this item for discussion at their meeting scheduled March 9 . I I As of March 6, 2009 AGENDA ITEM NO. Authorized Positions Salary Start Range Position Classification Auth Emp Status/Comments Date 1-11 (Temporary Help) 0 0 12 13 14 15 Customer Service Representative 1 1 1 16 Meter Reader 1 2 2 17 Accounting Assistant 1 1 1 Customer Service Representative II 1 1 Engineering Secrets 1 1 Maintenance Worker 1 8 8 Mechanic 1 1 1 Operations Secretary 1 1 18 Meter Reader 11 2 2 19 Customer Service Representative 111 2 2 Storekeeper 1 1 20 Engineering Technician 1 0 0 Maintenance Distribution Operator 11 8 7 Under filled with (5) Maintenance Worker I positions. One recently vacated position as of March 6, 2009. Water Quality Technician 1 0 0 21 Accounting Assistant 11 2 1 Current) filled with art time consultant. Facilities Maintenance 1 1 Mechanic II 0 0 22 Information Systems Technician I 1 1 Water Quality Technician II 1 1 Under filled with (1) WQT I. 23 Executive Secretary 1 1 Maintenance Distribution Operator 111 5 4 Opened 1/23/09; Closes 2/13/09. Meter Services Representative 1 1 Mechanic III 1 1 Personnel Technician 1 1 Plant Operator II 4 3 Additional operator position will be assessed by the GM after the Instrumentation Technician is filled. 24 Construction Inspector 1 1 Engineering Tech 11 3 3 GIS Technician 1 1 Information Systems Technician 1 1 II/Programmer Authorized Positions Salary Start Range Position Classification Auth Emp Status Date 25 Assistant Administrator 1 1 0 On hold per General Manager. Human Resources Analyst 1 1 Instrumentation Technician 1 1 Sr. Accountant 1 1 26 GIS Administrator 1 0 On hold per IT Director and GM. Project Engineer 2 2 Sr. Construction Inspector 1 1 Sr. Fleet Mechanic 1 1 Sr. Maintenance Distribution Operator 4 4 Sr. Plant Operator 1 1 27 Customer Service Supervisor 1 1 28 Management Analyst 1 1 29 Water Quality Engineer 1 1 Safety & Training Officer 1 0 On hold per HR Manager and GM. 30 Sr. Project Engineer 1 0 Filled with part time consultant. Water Maintenance Superintendent 1 1 SCADA Administrator 1 1 Information Systems Administrator 1 1 31 Chief Plant Operator 1 1 32 33 34 Sr. Project Manager 1 0 Conducting background check. 35 36 Human Resources Manager 1 1 37 En ineerin Manager 1 1 Finance Director 1 1 Information Technology Director 1 0 Will not be filled per GM. Operations Manager 1 1 38 39 1 1 40 Assistant General Manager General Manager 1 1 Total 84 74 ITEM NO. y AGENDA REPORT Board Meeting Date: March 12, 2009 APPROVED BY THE BOARD OF DIRECTORS OFTHEYORBA LINDAWATER DISTRICT To: Board of Directors MAR 1 2 2009 From: Ken Vecchiarelli, General Manager BY Staff Contact: Annie Alexander, Executive Secretary m 3 a Reviewed by General Counsel: N/A Budgeted: N/A Total Budget: N/A Funding Source: N/A CEQA Account No: N/A Job No: N/A Compliance: N/A Estimated Costs: N/A Dept: N/A Subject: Reschedule Board Meetings in the Second Quarter of 2009 SUMMARY: The Board of Directors agreed to hold one evening meeting each month for the first quarter of the calendar year to encourage and accommodate public attendance. Some public representatives have requested a continuation of this practice although public attendance has been very light. DISCUSSION: The Board of Directors regularly meets on the second and fourth Thursday of each month at 8:30 AM. Staff has received requests from the public and City of Yorba Linda representatives to continue this practice. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors has previously rescheduled Board meetings when conflicting with holidays, conferences or other special events. The Board also scheduled the first meeting of January, February and March 2009 to start at 6:30 p.m. STAFF RECOMMENDATION: That the Board of Directors approve and authorize the General Manager to schedule the Board meetings as follows: 1) Schedule the Board Meeting of Thursday, April 9 from 8:30 a.m. to 6:30 p.m. 2) Schedule the Board meeting of Thursday, May 14 from 8:30 a.m. to 6:30 p.m. 3) Schedule the Board meeting of Thursday, June 11 from 8:30 a.m. to 6:30 p.m. ITEM NO. AGENDA REPORT APPROVED BY THE BOARD OF DIRECTORS Board Meeting Date: March 12, 2009 OF THE YORBA LINDA WATER DISTRICT To: Board of Directors MAR 1 2 2009 From: Pat Grady, Assistant General Manager gy Staff Contact: m M -C X-1 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: Authorizing the President to Execute Correspondence to the State Water Resources Control Board SUMMARY: The attached correspondence requests that the California State Water Resources Control Board (SWRCB) re-examine their proposed criteria for the distribution of federal stimulus funds for wastewater projects. DISCUSSION: The District's legislative consultant, Townsend Public Affairs, contacted Staff today and requested that correspondence, executed by the President, be remitted to the SWRCB related to the recent federal stimulus funds. The SWRCB has proposed that of the $270 million dollars available to the State of California for wastewater projects, 25% of those funds are only accessible by agencies that provide service to a population with a median household income of 80% or less than the State's median household income (disadvantaged communities). Staff concurs with Townsend Public Affairs in that the selection criteria should be re-considered by the SWRCB to allow for a more equitable distribution of funds. Attached for the Board's review is the letter drafted by Townsend Public Affairs for the President's signature. PRIOR RELEVANT BOARD ACTION(S): None STAFF RECOMMENDATION: That the Board of Directors authorize the President to execute correspondence to the California State Water Resources Control Board related to the proposed criteria for the distribution of federal stimulus funds. r"m Yorba Linda Water District Reliable and Tnrsted Service for More Than 100 Years March 12, 2009 CWSRF, Attn: Amendment to the CWSRF IUP Comment Letter State Water Resources Control Board 1001 I'll, St Sacramento, CA 95814 To Whom It May Concern: On behalf of the Yorba Linda Water District, I am writing to express my concerns regarding the recent guideline recommendations proposed by the State Water Resources Control Board staff to allocate the federal stimulus funds under the Clean Revolving Water Loan Fund. Specifically, staff is proposing: • California will be receiving about $270 million for wastewater projects. • Half the total wastewater funds will be distributed as a one-percent loan. • Twenty-five percent of the funds will be used for projects where the service area's population is 80 percent of the Statewide median household income (approximately $44,360). • The remaining 25 percent of the funds will be used for projects that qualified for Proposition 50 bond funds but were frozen because of budget issues. While the guidelines have been developed in good faith, our concerns are related to the ineligibility of the water District, even though we have projects that are ready to go into construction immediately and would significantly contribute to our local economy. Specifically: • The median household income for YLWD's service areas is higher than 80 percent of the state total, however YLWD does service a portion of its service territory that does meet the disadvantaged community mark. • Only three cities in Orange County meet this test (Santa Ana, Seal Beach and Stanton). Since the entire service area is counted, many water agencies and municipalities would lose out. • The key is job creation. For example, if the Yorba Linda Water District receives funds for just one project, it will create 100-200 good paying construction jobs for about one year, employing those hit hardest by the recession. • Most all urban districts would be excluded from receiving ARRA subsidized funds under the recommended guidelines. I 1717 E. Miraloma Avenue Placentia, CA 92870 714-701-3000 714-701-3058 Fax I am respectfully requesting that the State Board reconsider the criteria so funds are distributed equally. In addition, a suggested alternative is if the agency serves a community that meets these criteria, the entire agency should be eligible to compete for American Recovery and Reinvestment Act of 2009 funds. Sincerely, John Summerfield Board President I ITEM NO. MINUTES OF THE PERSONNEL-RISK MANAGEMENT COMMITTEE MEETING March 9, 2009 A meeting of the Personnel-Risk Management Committee was called to order by Director Armstrong at 4:00 p.m. The meeting was held at the District's Administrative Office at 1717 East Miraloma Avenue, Placentia, California. COMMITTEE STAFF Director Paul Armstrong, Chair Ken Vecchiarelli, General Manager Director Ric Collett Pat Grady, Assistant General Manager Gina Knight, Human Resources Manager Lee Cory, Operations Manager Ken Mendum, Water Maint. Superintendent PUBLIC COMMENTS None. ACTION ITEMS 1. Temporary Cessation of Personnel Recruitments and Promotions. The Committee discussed the proposed action and will recommend to the Board of Directors to direct the District's General Manager to institute a temporary cessation of personnel recruitments and promotions. 2. Risk Management Claims Policy. The Committee discussed the proposed Risk Management Claims Policy. Staff will submit to legal counsel for review prior to the committee recommending that the Board of Directors adopt Resolution 09-03 to implement this policy. DISCUSSION ITEMS 3. Status of Recruitments. Staff gave an update on current recruitments. 4. Status of Risk Management Activities. Staff discussed a claim submitted to the District on March 12, 2009 related to a water leak. After reviewing various customer service reports relating to the incidents mentioned in the claimant's letter, the District's Operations staff identified three separate non-related incidents that occurred at different times and locations near the claimant's residence. The District's HR manager spoke to the claimant and explained the situation. The claimant expressed verbally that she was pleased with the District's efforts to investigate and resolve the situation. Staff has agreed to settle the claim for a lesser amount than presented. ADJOURNMENT The Committee adjourned at 5:17 p.m. The next meeting of the Personnel-Risk Management Committee will be held April 13, 2009 at 4:00 p.m. 1 ITEM NO. /3d MINUTES OF THE PLANNING-ENGINEERING-OPERATIONS COMMITTEE MEETING March 5, 2009 A meeting of the Planning-Engineering-Operations Committee was called to order by Director Armstrong at 4:00 p.m. The meeting was held at the District Administrative Office at 1717 East Miraloma Avenue, Placentia, California. 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 None. ACTION ITEMS 1. Engineering Services for the Hidden Hills Reservoir Project. Engineering Manager Steve Conklin reported on proposal received from Carollo Engineers for providing engineering services for the construction phase of the project, including submittal review, change order request analysis, responding to requests for information from the contractor, and preparation of as-built drawings for the finished project. Following discussion, the Committee supported recommending authorization of 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. Engineering Manager Conklin reported on the five proposals received and the evaluation process. Following discussion, the Committee supported recommending authorization of a Professional Services Agreement with Butier Construction Managers 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. Engineering Manager Conklin reported on the status of easements for the Hidden Hills Reservoir Project and the proposed easement agreement with Shapell Industries. Following discussion, the Committee supported recommending that the Board approve the Temporary Construction Easement and Permanent Access Easement Agreement with Shapell Industries and execution of the documents. 4. Award of Construction Contract for the Hidden Hills Reservoir Project. Engineering Manager Conklin reported on the 16 bids received for construction of the Hidden Hills Reservoir Project, and the findings of the bid review process. 1 Following discussion, the Committee supported recommending that the Board authorize award of the construction contract to Pacific Hydrotech Corporation for $5,012,458. 5. Approval of Change Order No. 2 for Highland Reservoir Replacement Project. Engineering Manager Conklin reported on the status of construction of the Highland Reservoir Replacement Project and the items in proposed Change Order No. 2. Following discussion, the Committee supported recommending that the Board approve Change Order No. 2 in the amount of $151,926.55 to Schuler Engineering Corporation. 6. Purchase of Emergency Mobile Equipment Chief Plant Operator John DeCriscio reported on the planned use of the emergency mobile pump and engine generator for the water system. Following discussion, the Committee supported recommending that the Board authorize the General Manager to execute a Purchase Order with Godwin Pumps in the amount not to exceed $138,247.10 for the purchase of a diesel pump set and a diesel engine generator, as further described in the agenda item. DISCUSSION ITEMS 7. Review of Radio Read Meter Replacement Project Phase 1 & 2 - Job Nos. 200512, 200801 and 200802. General Manager Ken Vecchiarelli reported on the status of the Radio Read Meter Replacement Project. He noted that $3,695,057 has been expended and the remaining $268,942 will be expended by the end of the FY. As a result of these efforts, the District will be able to read meters monthly beginning April 1St and bill closer to the usage period for this monthly water consumption. 8. Monthly Groundwater Production and Purchased Water Report. Chief Plant Operator DeCriscio reported on the monthly groundwater production report for February 2009. He noted that the District is on track to achieve the BPP Goal of 52% and the CUP production of 2166 AF. 9. Monthly Preventative Maintenance Program Report. Operations Superintendent Ken Mendum reported on the status of the PM Program through February 2009. He noted that his staff is catching up on the percentage goals for the year in the aftermath of the Freeway Complex Fires. Following the firestorm crews were needed to shut off services to homes that had damaged plumbing; deliver bottled water daily to the area affected by the boil water notice; perform additional system checks on fire hydrants in the urban wildland interface; and assist City of Yorba Linda staff filling and delivering sandbags and information to residents for establishing erosion control measures. 10. Monthly MWDOC Managers Meeting Summary Report. General Manager Vecchiarelli reported on the MWDOC Managers meeting he attended on February 26, 2009. 11. Monthly OC Groundwater Producers Meeting Summary Report. Chief Plant Operator DeCriscio reported on the OCWD Groundwater Producers meeting held February 11, 2009. 2 12. Status Report on Capital Projects in Progress. Engineering Manager Conklin provided a summary of the Status Report on Capital Projects in Progress for February 2009. ADJOURNMENT The Committee adjourned at 6:15 p.m. The next meeting of the Planning-Engineering- Operations Committee will be held April 2, 2009 at 4:00 p.m. 8 ITEM NO. ORANGE COUNTY LAFCO PRESENTS A~ Stakeholder Summit . m u ~ ~ ~ P`"•=f" ,i °t ffi r~~j~, i m~'57^ ~x I~~ ¢t o 'i"•P~^ca'Yk t 9t(uh G C'Hw'Y dll4uh 1 ,n, 1 ~ .k s ( p r P'~" }pa y s'~~ Lt~ATIO 4 ~ ~>iCssta Riles Net ~ ~ M` h p Y ~4 ~ ~€,`~'4 VN+ 6 ~7•~G!i'~["~"9.~ ~,1 rY*,?i, t-!~+~ T~z~ ~ . a a, s t Yx, APPROVED BY THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT MAR 1 2 2009 3/3/2009 BY N~~ (~f/O l(oTi~ 7Xf'~l.E/l/>