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HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 03/12/2002 East Va"l ey Wate istrict 1155 DEL ROSA AVENUE, SAN BERNARDINO, CA REGULAR BOARD MEETING March 12, 2002 2:00 P.M. AGENDA "In order to comply with legal requirements for posting of agenda, only those items filed with the District Secretary by 10:00 a.m. on Tuesday prior to the following Tuesday meeting not requiring departmental investigation, will be considered by the Board of Directors". CALL TO ORDER PLEDGE OF ALLEGIANCE 1. Approval of Agenda 2. Public Comments CONSENT CALENDAR 3. Approval of Board Meeting Minutes for February 26, 2002. 4. Review and accept Financial Statements for the period ended January 3~, 2002. 5. Approval of Liens for Delinquent Water and Sewer Accounts. 6. Accounts Payable Disbursements: Accounts Payable Cheeks #188205 through #188332 were distributed February 20, 2002 through March 3, 2002 in the amount of $288,672~46. Payroll Checks were distributed March 1, 2002 in the amount of $77,103.79. Total Disbursements and Payroll for the period were $365,776.25. OLD BUSINESS 7. Letters noticing the levels of Perchlorate greater than the DHS' new[y-developed Action Level of 4 ug/L. 8. Discussion and possible action regarding the Award of Bid for the Plant 37 Project. 9. LAFCO "Notice of Hearing" on March 20, 2002, 175 W. Fifth St., San Bernardino, CA. 10. Joint Escrow Instructions regarding Property Exchange Agreement between MWD and EVWD. 11. Resolution 2002.09 - Authorizing execution of a Grant Deed from the Metropolitan Water District of Southern California. 12. Radon Rule Update (Genera[ Manager) NEW BUSINESS 13. Directors' fees and expenses for February 2002. 14. Resolution 2002.08 - Increasing the Emergency Reserve Account for the East Valley Water District. 15. Signed petition and request from District employees for approval to close the District Office on July 5, 2002 and use a vacation day to allow for a 4-day weekend..Discussion and possible action. REPORTS 16. February 15 to March 5, 2002 - Releases of Lien for Delinquent Water and Sewer Accounts. 17. General Manager's Report. 18. Oral Comments from Board of Directors. MEETINGS 19. San Bernardino Area Chamber of Commerce "Business after Hours" March 21, 2002, American Red Cross Inland Empire Headquarters, 202 W. Rialto Ave., San Bernardino. 20. ASBCSD Membership Meeting and Annual Vendor Fair, Panda Inn, Ontario, March 18, 2002. 21. ACWA "Ethics & the Public Official", Sheraton Gateway Hotel, San Francisco International Airport, April 10, 2002. ADJOURN 2 DRAFT SUBJECT TO APPROVAL EAST VALLEY WATER DISTRICT REGULAR BOARD MEETING FEBRUARY 26, 2002 MINUTES The meeting was called to order at 2:00 p.m. by President Goodin. Robert Martin led the flag salute. PRESENT: Directors Lightfoot, Sturgeon, Negrete, Wilson, Goodin ABSENT: None STAFF: Robert Martin, General Manager; Paul Dolter, District Engineer; Brian Tompkins, Treasurer/Chief Financial Officer; Mary Wallace, Administrative Assistant. LEGAL COUNSEL: Steve Kennedy GUEST(s): Jo McAndrews, Jim Browning (EVWD), Justine Hendricksen (EVWD), Mike Dzubnar (CDM), and Jeff Endicott (CDM) APPROVAL OF AGENDA M/S/C (Wilson-Sturgeon) that the February 26, 2002 Agenda be approved as submitted. PUBLIC PARTICIPATION President Goodin declared the public participation section of the meeting open at 2:03 p.m. As Robert Martin was at a Conference when the last Board Meeting was "Called to Order" on February 12th, he took this opportunity to formally introduce and welcome the District's new Chief Financial Officer, Brian Tompkins. Brian Tompkins responded that he was looking forward to a long and memorable relationship with the District. V There being no further written or verbal comments, the public participation section was closed. APPROVAL OF THE FEBRUARY t2, 2002 BOARD MEETING MINUTES. M/S/C (Wilson-Negrete) that the February 12, 2002 Board Meeting Minutes be approved as submitted. APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS. The General manager noted that the accounts identified by Numbers: 002-0173-0, 081- 0186-2, 132-0048-1 and 161-0063-2 had been paid and should be removed from the lien list. M/S/C (Wilson-Negrete) that the liens for delinquent water and sewer accounts be approved for processing with the revisions noted by the General Manager RESOLUTION 2002.07 - EXECUTION OF A GRANT DEED TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA was presented to the Board for approval. M/S/C (Wilson-Negrete) that the execution of a Grant Deed to the Metropolitan Water District of Southern California be authorized. DISBURSEMENTS M/S/C (Wilson-Negrete) that General Fund Disbursements #188022 through #188204 in the amount of $765,305.40, and Payroll Checks distributed February 15, 2002 in the amount of $91,948.83, totaling $857,254.23 totaling $1,292,583.74 be approved. WELL SITE ACQUISITION ON 6TH STREET, APN:1192-201-23-24. The General Manager stated that escrow had closed on the property acquisition for the well site on 6th Street and that a copy of the closing statement was attached for review. Information only. THE DESIGN/BUILD CONTRACT WITH CDM ENGINEERING FOR THE PLANT 39 FLUORIDE BLENDING PROJECT was presented to the Board for approval. The General Manager recommended CDM be both the designer and construction manager for the Plant 39 Fluoride Blending Project due to the time element involved. M/S/C (Lightfoot-Wilson) that the Design/Build Contract with CDM Engineering be approved. 2 MINUTES: FEBRUARY 26, 2002 V PATTON GOLF COURSE - PROPOSED LEASE AMENDMENTS WITH THE STATE OF CALIFORNIA. Legal counsel was directed to draft a letter to Noorigian & Associates citing concerns of the District and as a precursor to a default letter and to bring the item back to the Board for further discussion. Information only. THE CONTRACT FOR ARCHITECTURAL SERVICES IN SUPPORT OF DEVELOPING A PRELIMINARY DESIGN AND COST ESTIMATE FOR CONSTRUCTING THE DISTRICT'S HEADQUARTERS BUILDING AND RELATED FACILITIES was presented to the Board for approval. The General Manager stated that he and Directors Lightfoot and Negrete had met with the City of Highland regarding the potential location of the District Headquarters and that the City of Highland would meet within the next two (2) months to further discuss the issue. M/S/C (Lightfoot-Negrete) that the Contract for Architectural Services in support of developing a preliminary design and cost estimate for the District's Headquarters and Related Facilities be awarded to Gary W. Miller Architect & Associates. RADON RULE UPDATE The General Manager reported on the District's progress with the Rule to date; that the General Accounting Office (GAO) had just released a report favorable to the issues being raised about EPA's Proposed Rule on Radon. Information only. APPOINTMENT OF BRIAN W. TOMPKINS AS DISTRICT TREASURER/CHIEF FINANCIAL OFFICER was presented to the Board for approval. M/S/C (Lightfoot-Wilson) that Brian W. Tompkins be appointed District Treasurer/Chief Financial Officer. THE "INFORMATION SYSTEMS, INTERNET, E-MAIL and ELECTRONIC COMMUNICATIONS, ETHICS, USAGE and SECURITY POLICY" was presented to the Board for adoption. M/S/C (Lightfoot-Wilson) that the "Information Systems, Internet, E-Mail and Electronic Communications, Ethics, Usage and Security Policy" be adopted. DISCUSSION AND POSSIBLE ACTION REGARDING THE PURCHASE OF NEW BILLING SOFTWARE FOR THE DISTRICT. Jim Browning stated that he, Justine Hendricksen, Alberta Hess and Brian Tompkins had considered various programs, had observed demonstrations and talked to users of 3 MINUTES: FEBRUARY 26, 2002 those programs and all were in agreement that the program offered by Harris Computer Systems could offer the most features to accommodate the needs of the District. M/S/C (Wilson-Sturgeon) that Harris Computer Systems be selected as the provider of services for the District's Utility Billing System. DISCUSSION AND POSSIBLE ACTION REGARDING THE DESIGNATION OF A VOTING DELEGATE TO REPRESENT EVVVD TO MAKE SELECTIONS FOR THE SPECIAL DISTRICTS' VOTING MEMBER AND ALTERNATE VOTING MEMBER POSITIONS ON THE COMMISSION. M/S/C (Sturgeon-Negrete) that Director Lightfoot be the primary delegate and Director Wilson the alternate. FEBRUARY 5-14, 2002 - RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER ACCOUNTS. Information only. GENERAL MANAGER'S REPORT The General Manager reported on District operations to date; that the ground water levels were Iow due to the "early summer" weather we are experiencing;that the Perchlorate Conference was "off and running" and that 50 +/- Sponsorship letters had been sent out. Information only. ORAL COMMENTS FROM BOARD OF DIRECTORS. Director Wilson stated that the Pemhlorate Conference deserved our utmost support. Information only. Director Goodin expressed his concerns over situations which could be construed as violations of the Brown Act; suggested that the opportunity to view other district facilities could be a helpful experience when the final design phase of EVWD's facilities were ready to be reviewed. Information only. There being no further verbal or written comments from the Directors, this section of the meeting was closed. CORRESPONDENCE FROM DEPARTMENT OF HEALTH SERVICES REGARDING SOURCE WATER QUALITY MONITORING FREQUENCY. A sampling schedule was developed by Gary Young to achieve compliance with the DOHS' "Source Water Quality Monitoring Frequency Cycle". The proposed schedule was approved by DOHS and, as recognition for their efforts, Staff was directed to place commendation letters in the personnel files of Gary Young, Fred Stafford and Paul Dolter for their achievement. Information only. 4 MINUTES: FEBRUARY 26, 2002 DRAFT POLICIES AND PROCEDURES FOR THE CONDUCT OF SERVICE REVIEWS TO BE CONSIDERED BY LAFCO. Information only. NATIONAL WATER RESOURCES ASSOCIATION "2002 FEDERAL WATER SEMINAR, WASHINGTON D.C., APRIL 10-12, 2002. Information onfy. WATER ENVIRONMENT FEDERATION "WASHINGTON BRIEFING 2002: INNOVATIONS IN WATER QUALITY", HOTEL WASHINGTON, WASHINGTON D.C., APRIL 16-17, 2002. Information only. CLOSED SESSION M/S/C (Sturgeon-Wilson) that the meeting adjourn to Closed Session. The Board entered into session at 3:05 p.m. as provided for in the California Open Meeting Law, Government Code Section 54945.9(a), to discuss those items listed on the Agenda. ADJOURN TO REGULAR SESSION M/SIC (Sturgeon-Wi[son) that the meeting adjourn to regular session. ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to session at 3:15 p.m. The items listed on the Agenda were discussed in closed session with no reportable action being taken except: With Respect to Item #23 - There was no reportable action, Information only. With Respect to Item #24 - Authorize Legal Counsel to participate in the remediation process, ADJOURN The meeting was adjourned at 3:20 p.m. Donald D. Goodin, President Robert E. Martin, Secretary MINUTES: FEBRUARY 26, 2002 East Wa str ct P,e,ld nt George E. "Skip" Wilson Vice President 1155 Del Rosa Avenue., P.O. Box 3427 Glenn R. Lightfoot Director San Bernardino, California 92413 Kip E. Sturgeon (909) 889-9501 Director Edward S. Negrete Director Robert E. Martin General Manager Brian W. Tompkins Chief Financial Officer Paul R. Dolter District Engineer March 8, 2002 The accompanying financial statements for the period ended January 31, 2002, have been prepared solely by the staff of the East Valley Water District and have not been audited, reviewed, or compiled by an independent certified public accountant. Management has elected to omit substantially all of the disclosures and the statement of cash flows required by generally accepted accounting principles. If the omitted disclosures were included in the financial statements, they might influence the user's conclusions about the District's financial position, results of operations and cash flows. Accordingly, these financial statements are not designed for those who are not informed about such matters. Administration (909) 885-4900, Fax (909) 889-5732 · Engineering (909) 888-8986, Fax (909) 383-1481 Customer Service & Finance (909) 889-9501, Fax (909) 888-6741 East Valley Water District Balance Sheet January 31, 2002 ASSETS Utility plant in service - water department $66,807,604.11 Utility plant in service ~ sewer department 19,554,869.80 86,362,473.91 Less: Accumulated depreciation {27~111,236.96) 59,251,236.95 Construction in progress 5,063,751.38 64~314~988.33 Water department - bond funds - cash in bank 6,475.00 Certificate of Participation reserved funds - cash in bank 5,499,756.81 Reserved funds - designations - cash in bank 1,561,450.00 %067,681.81 Cash on hand and in banks 12,947,034.60 Less: Cash restricted %06%681.81 5,879,352.79 Accounts receivable (net of allowance) 728,659.48 Other receivables (net of allowance) 152,978.97 Inventory 738,153.87 Prepaid expenses 252~241.42 14,819~068.34 Bond discount and incidental bond expenses 30,200.30 Deferred financing charges 458,121.31 48%321.61 TOTAL ASSETS $86,690 060.09 East Valley Water District Balance Sheet January 31, 2002 LIABILITIES AND EQUITY Certificates o~Participation due after one ye~ $14,950,591.77 Less: Deferred amount on refunding of Certificates o~Pa~ticipation (822~899.33) 14,127~692.44 Accounts Payable 1,002,017.19 Accrued payroll and benefits 340,780.19 Customer service deposits 1,022,678.48 Deferred Rental Income 55,833.00 Accrued interest payable 6,474.74 Deposits - refundable 194,510.09 Certificates of Participation due within one year 1,726~266.00 4~348~559.69 TOTAL LIABILITIES 18,476~252.13 Contributed capital: Invested in utility plant 23,113,858.57 Other contributed capital 3,665,614.18 Retained earnings: Reserved for water bond funds 6,475.00 Reserved for emergencies Z'~qr°'°O° 1,545,000.00 Reserved for unemployment insurance 16,450.00 Fund Balance 37,526,518.67 Net Income for current year 2,339~891.54 TOTAL EQUITY 68, 2'13,807.96 TOTAL LIABILITIES AND EQUITY $86,690,060.09 ~ ooooo ~ ~ ~ oooo O0 · CERTIFICATE OF LIEN MARCH 12, 2002 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 043-0015-1' ~ $70.80 2. 044-0016-2+ $376.44 3. 063-0198-0' $136.38 4. 092-0144-0' $59.74 5. 093-0124-6' $89.81 6. 104-0185-3+ $247.54 7. 141-0158-1 $11.98 TOTAL ~ $ 992.69 *STILL OWNS PROPERTY + MULTIPLE UNITS Page 1 of 1 East Va ey Water District M~MO~ TO: BOARD OF DIRECTORS FROM: BRIAN W. TOMPKINS / CHIEF FINANCIAL OFFICER SUBJECT: DISBURSEMENTS ~ DURING THE PERIOD FEBRUARY 20, 2002 THROUGH MARCH 3, 2002 CHECK NUMBERS 188205THROUGH 188332 IN THE AMOUNT OF $ 288,672.46 WERE ISSUED. PAYROLL CHECKS WERE DISTRIBUTED IN THE AMOUNT OF $77,103.79 ON MARCH 1, 2002. TOTAL OF ACCOUNTS PAYABLE DISBURSEMENTS AND PAYROLL FOR THE PERIOD - $ 365,776.25. ~o , 0~ o~ o~ g~go o~ g g o~ g g g g~g~ ~g ~o o o o o ~ oo ~ ~ ooo ~ o o ~ o o o East Water District Pre,,dent Geor~le' E. "Skip" Wilson · vice President 1155 Del Rose Avenue., RO. Box 3427 Glenn R. Llghtfoot Director San Bernardino, California 92413 Kip E. Sturgeon (909) 889-9501 Director Edward S, Negrete February 27, 2002 Director Robert E. Martin General Manager Brian W. Tempi<ins Board of Supervisors Chief Rnanclal Officer County of San B ernardino Paul R. Dolter District Engineer 385 North Arrowhead, 2na Floor San Bernardino, CA 92401 Subject: . Revision to Perchlorate Action Level (System No. 3610064) Ladies and Gentlemen: In response to e revised draft risk assessment for perchlorate released by the United States Environmental Protection Agency on January 18, 2002, East Valley Water District was notified by the State of California Department of Health Services ("DHS") by letter dated February 1, 2002, that DHS has lowered its health-based advisory Action Level for perchlorate from 18 ug/L to 4ug/L. Therefore, pursuant to Health and Safety Code Section 116455, notice is hereby given that Well Nos. 1 lA, 12A, 24B, 25A, 28A, 107, 27, 41 contain levels of perchlorate greater that the newly-developed Action Level of 4 ug/L. Information regarding the location, type, and operational status of said wells, and the origin .of the contaminant (if known), is included in the attachment enclosed herewith. If you have any questions or comments, please feel free to contact the undersigned at (909) 885-4900 durLng regular business hours. ~e~'E. Iv'rartin General Manager REM: etb Enclosure cc: Kalyanpur Baliga, Ph.D., P.E., DH8 (w/encls.) EVWD Beard of Directors (w/encls.) Administration (909) 885-4900, Fex (909) 889-5732, Engineering (909) 888-8986, Fax (909) 383-1481 Customer Service & Finance (909) 889-9501, Fax (909) 888.6741 v EAST VALLEY WATER DISTRICT PERCHLORATE ANALYSIS FOR WELLS WELL 11A Location South side of Sixth Street, West of Pedley Road Capacity 1865 GPM (gallons per minute) Status Active Origin of Contaminant UNKNOWN Date of Test Level 2/6/01 ND 7/23/01 4.1 ppb 10/18/01 ND 10/19/01 ND 1/30/02 ND WELL 'I2A Location Southeast corner of Sixth Street and Pedley Road Capacity 2968 GPM (gallons per minute) Status Active Origin of Contaminant UNKNOWN -Date of Test Level 2/6/01 13 ppb 4/6/01 8 ppb 7/23/01 16 ppb 10/17/01 13 ppb 10/19/01 14 ppb 1/'24/02 13 ppb 1/24/02 14 ppb WELL 24A Location Northeast corner of Lynwood Drive and Harrison Street Capacity 927 GPM (gallons per minute) Status Active Origin of Contaminant UNKNOWN Date of Test Level 2/21/01 ND 7/25101 ND 10/t 2/0 t ND TERMS AND ABBREVIATIONS USED ABOVE: ppb - parts per billion. ND - non detect EAST VALLEY WATER DISTRICT PERCHLORATE ANALYSIS FOR WELLS WELL 24B Location Northeast corner of Lynwood Drive and Harrison Street Capacity 3030 GPM (§a[[ons per minute) Status Active Origin of Contaminant UNKNOWN Date of Test Level 7/23/01 6 ppb 10/12/01 5.7 ppb 1/30/02 4.4 ppb WELL 25A Location Southeast corner of Mountain Avenue and Marshal1 Blvd. Capacity 1078 GPM (gallons per minute) Status Active Origin of Contaminant UNKNOWN Date of Test Level 2/16/01 ND '7124101 4 ppb 10/12/01 4.4 ppb 1/30/02 ND ~, WELL 27 Location South side of Marshall Blvd., West of Sterling Avenue Capacity 709 GPM (gallons per minute) Status Inactive Origin of Contaminant UNKNOWN Date of Test Level 2/6/01 5.8 ppb 2/6/01 5.8 ppb 4/6/01 5.2 ppb 7/23/01 8.5 ppb 1/30/02 6.1 ppb TERMS AND ABBREVIATIONS USED ABOVE: ppb - parts per billion. ND - non detect EAST VALLEY WATER DISTRICT PERCHLORATE ANALYSIS FOR WELLS WELL 28A Loc~tion South side of Court Street, between Del Rosa Drive and Del Rosa Avenue Capacity 935 GPM (ga[ions per minute) Status Active Origin of Contaminant UNKNOWN Date of Test Level 2/16/01 6 ppb 4/6/01 ND 7/24/01 7.8 ppb 10/18/01 6.3 ppb 10/18/01 6,8 ppb 10/19/01 8,1 ppb 10/19101 8 ppb 10/31/01 5.3 ppb 10/31/01 6 ppb 10/31/01 6,3 ppb 1/30/02 6,2 ppb WELL 41 Location 'South side of Pumalo Street, West of Guthde Street Capacity 605 GPM (gallons per minute) Status Inactive Origin of Contaminant UNKNOWN Date of Test Level 2/21/01 7.4 ppb 4/6/01 7,0 ppb 7/25/01 11 ppb WELL 107 Loc~tion South side of Citrus Street, between Loma Avenue and Mountain Avenue Capacity 950 GPM (gallons per minute) Status Active Origin of Contaminant UNKNOWN Date of Test Level 2/27101 9.8 ppb 4/6/01 9,2 ppb 7/31101 .14 ppb 10/12101 11 ppb 10/19/01 7,3 ppb This supply is blended with the City of San Bemardino Water whose perchiorate levels have been tested but not detected, TERMS AND ABBREVIATIONS USED ABOVE: ppb - parts per billion, ND - non detect V"'~l~" ya~e · Donald D. Goodln East Water District George E. 'Skip" Wilson ¥1ce Presl~ient 1155 Del Rosa Avenue., Re. Box 3427 Glenn R. Lighffoot Director San Bemardino, California 92413 Kip E. Sturgeon (909) 889-9501 Director Edward S. Negrete February 27, 2002 olrmor Robert E. Martin General Manager ' Brian W. Tornpklns City Council Chief P~nancia[ Officer City of San Bernardino Paul R. Dolter Dlstdct Engineer' City Hail 300 North '53" Street San Bernardino, CA 92401 Subject: Revision to Perchlorate Action Level (System NO 3610064) Ladies and Gentlemen: In response to a revised draft risk assessment for perchlorate released by the United States Environmental Protection Agency on January 18, 2002, East Valley Water District wag notified by the State of California Department of Health Services ("DHS") by letter dated February 1, 2002, that DHS has lowered its health-based advisory Action Level for perchlorate from 18 ug/L to 4ug/L. Therefore, pursuant to Health and Safety Code Section 116455, notice is hereby given that Well Nos. 1 IA, 12A, 24B, 25A, 28A, 107, 27, 41 contain levels of perchlorate greater that the newly-developed Action Level of 4 ug/L. Information regarding the location, type, and operational status of said wells, and the origin of the contaminant (if known), is included in the attachment enclosed herewith. If you have any questions or comments, please feel free to contact the underslgned at (909) 885-4900 during regular business hours. General Manager REM: ~tb ~c: K~lyanpur Baliga, PkD., P.E., DHS (w/~ncls.) V EVWD Board ofDix~ctors (w/~ncls.) Administration (909) 885-4900, Fax (909) 889-5732, Engineering (909) 888-8986, Fax (909) 383-1481 Customer Service & Finance (909) 889-9501, Fax (909) 888-6741 V '"~A~'"' yells Donald D. Goodln East Water District .r,,,de., George E. "Skip" Wilson Vice President 1155 Del Rosa Avenue., RO. Box 3427 Glenn R. Ughffoot Director San Bemardino, California 92413 Kip E, Sturgeon (909) 889-g501 Director Edward S, Negmte February 27, 2002 Director Robert E. Martin General Manager Brian W. Tompklns City Council Chief Financial Officer City of Highland Paul R. Dolt~r District Engineer City Hall 27215 East Basel/ne Highland, CA 92346 Subject: Revision to Perchlorate Action Level (STstem No. 3610064) Ladies and Gentlemen: In response to a revised draft risk assessment for perchlorate released by the United States Environmental Protection Agency on January 18, 2002, East Valley Water District was notified by the State of California Department of Health Services ("DHS") by letter dated February 1, 2002, that DHS has lowered its health-based advisory Action Level for perchlorate from 18 ug/L to 4ug/L. Therefore, pursuant to Health and Safety Code Section 116455, notice i~ hereby given that Well Nos. 1 lA, 12A, 24B, 25A, 28A, 107, 27, 41 contain levels of perchlorate greater that the newly-developed Action Level of 4 ug/L. Information regarding the location, type, and operational status of said wells, and the origin of the contaminant (if known), is included in the attachment enclosed herewith. If you have any questions or comments, please feel free to contact the undersigned at (909) 885-4900 during regular business hours. Very truly yours, General Manager ILEM: etb Enclosure cc: Kalyanpur Baliga, ?ED., P.E., DH8 (w/encls.) EVWD Board of Directors (w/~ncls.) Administration (909) 885-4900, Fax (909) 889-5732 * Engineering (909) 888-8986, Fax (909) 383-1481 Customer Service & Finance (909) 889-9501, Fax (909) 888-6741 tel: 909 945-3000 fax: 909 945-1333 March 5, 2002 Paul Dolter, P.E. East Valley Water District 1155 Del Rosa Avenue P.O. 3427 San Bernardino, CA 92413 Subject: Evaluation of Bids Received on February 28, 2002 for Plant 37 Relocation Dear Mr. Dolter: The fLrst advertisement for bids for the subject project appeared in the Press Enterprise on December 10, 2001 and in the San Bernardino County Sun on December 11, 2001. This same advertisement continued to appear in the San Bernardino Countad Sttt~ every Monday thereafter until January 21, 2002. Additional efforts to advertise the bid was done by distribulJxtg the advertisement along with a complete set of the bid documents to several independent agencies, including Bid America, Construction Market Data, and F.W. Dodge of McGraw Hill Dodge. The bid documents were available for purchase at CDM's office, and 61 were sold. An optional job walk was held on January 8, 2002 with a total of eleven contractors in attendance. The job walk began wi~h an overview of the project, with key items highlighted. The group then walked to the proposed site of the reservoir. Again, key items were pointed out, and any questions were taken. Afterward, a brief meeting was held to answer additional questions. Following, the group drove down the street to see the stockpile site. On January 10, 2002 Addendum 1 was distributed to all of the plan holders on the official hst. This addendum stated that a CD with the existing topography was available for purchase from the CDM Ontario office. Included in this package along with the addendum, was the job walk summary and responses to bidders' questions. Addendum 2 was distributed on Ienuary 17, 2002, making minor changes to the Drawings and Specifications and answering all questions that were submitted in writing by the potential bidders. Addendum 3 was distributed on January 21, 2002. This addendum clarified the numbering of Addendum 1 and Addendum 2 and addressed a discrepancy in the Drawings. Paul Dolter, PiE. March 5, 2002 Page 2 Bids were received at 2 p.m. on January 23, 2002 in the District's office. A total of two bids were received, as listed below. Bidder Grand Total Base Bid 1. Schuler Engineering Corporation $ 5,324,947 2. SSC Construction, Inc. $ 5,736,80-5 The engineers estimate was $5.5 million. On February 12, 2002, the District voted to reject all bids received on January 23, 2002, and authorized the project for readvertisement. The second advertisement was published on February 13, 2002 in the San Bernardino County Sun and appeared on February 13, 18 and 25. The advertisement was also posted with F.W. Dodge of McGraw Hill Dodge and Bid America. This advertisement indicated that Addendum 4 could be purchased from CDM. Eight copies of Addendum 4 and an additional eight full sets of bids were sold. On February 25, 2002, Addendum 5 was issued to those who had purchased Addendum 4. This addendum answered all questions that were received from the bidders. Bid Evaluation and Recommendation for Award Bids were received at 2 p.m. on February 28, 2002 at the District's office. A total of two bids were received, as listed below. The detailed list of bidders and bid prices is attached. Bidder Grand Total Base Bid 1. SSC Construction, Inc $ 5,380,345 2.. Schuler Engineering Corporation $ 5,393,308 The engineers estimate was $5.5 million. Each bidder supplied a bid bond or security in the amount of 10% of the Grand Total Base Bid. Each bidder acknowledged Addenda 1, 2, 3, 4 and 5. Bids for this project are valid for a period of 95 days and expire on June 3, 2002. Paul Dolter, P.E. March 5, 2002 Page 3 The two bidders were also further researched. Each of the bids were checked for mathematical errors. For each of the two, as well as all of their listed sub-contractors, the contractors license numbers were checked with the California License Bureau, which indicated the validity of the licenses as well as whether ~any complaints have been filed with the Bureau. Each license was valid, and no complaints were noted. Each bidder was determined to be responsive to the notice inviting bids. Additionally, for the apparent lowest bidder, several of their references (listed below) were contacted and interviewed. Please note that SSC Construction, Inc. intends to do the concrete work themselves. · Rowena Reservoir, City of Los Angeles, Kevin Brown - 10 MG post tensioned concrete reservoir · Las Flores Reservoirs, Santa Margarita Water District, Bart Lance - two 10 MG post tensioned concrete reservoir · Zone A Reclaimed Water Reservoir, Irvine Ranch Water District, Bill Stewart - 10 MG post tensioned concrete reservoir · Zone D Reservoir, Irvine Ranch Water District, Bill Stewart - 5 MG prestressed buried concrete reservoir · Zone B Reservoir, Irvine Ranch Water District, Bill Stewart - 5 MG prestressed buried concrete reservoir References (listed below) were also contacted for the prestressing tank subcontractor - DYK in order to verify that the experience requirements were met. DYK: · Brett Yaden, Kewitt - two 30 MG reservoirs as well as various others · Even Lundin, Gateway Pacific Contractors - 5.7 MG reservoir, as well as various others · Ivan Simovich, PLC - 9 MG reservoir · Gary McFarland, Goleta Water District - 6.4 MG reservoir Paul Dolter, P.E. March 5, 2002 Page 4 Based on the references that we contacted, it is our opinion that SSC Construction Inc. is a responsible contractor, and is capable of undertaking and completing the Plant 37 Relocation project in a satisfactory and timely manner. Accordingly, CDM recommends that East Valley Water District award a construction contract to the lowest responsive and responsible bidder, SSC Construction Inc., Corona, CA for the Plant 37 Relocation project. The cost of the contract is $5,380,345. If you have any questions, comments, or require any additional information, please contact Very truly yours, Izzat Hamawi, P E Project Manager Camp Dresser & McKee Inc. File: 2706-3~20 BBR Presh-essed Tanks, Inc. (Since 1961) Mr. Gregory E. Larkin President SSC Constmcfion, Inc ., ;~ ~ ~ ¢i;.,.~ 2073 Raikoad Street 'i~.X(, *~' ~' Corona, CA 92880 Phone: (909) 278-1177 Fax: (909) 278-2538 Pages: 20 total Re: 4 MG East Valley Water District Bid: February 28, 2002 Dear Mr. Larkin, Enclosed please find confirmation of our bid faxed to you yesterday, including BBR's Proposal, BBR's Top of the Line PC Tank Costs, BBR's Key Personnel, Photos of Finished Tanks, Photos of New and Earlier Mach/nery and copy of BBR's World Unique Finite Analysis output from another job. It is our understanding that BBR offered a prestressing price that was substantially lower than DYK's original bid and was also attractively lower than DYK's bid submitted before bids Closed yesterday. In spite of our superior qualifications and lower price, you listed DYK as your prestressing subcontractor. Would you please tell us why7 A prompt response would be appreciated. Max. J. Dykmans President cc. East Valley Water District Board of Directors - Via Fax & US Mail (909) 889-5732 Paul R. Dolter, District Enngineer- Via Fax & US Mail (909) 888-8986 David Devlin- Via Fax & US Mail SSC-Larldn-034) 1-02 PHONE: (619) 588-7691 FAX: (619) 588-5225 RO. BOX 966, EL CAJON, CA 92022-0966 (1214 PIONEER WAY) BBR Prest ssed Tanks, Inc. (Since 1961) February 28~ 2002 EAST VALLEY WATER DISTRICT - (ADDENDUM 4) BID PROPOSAL (PAGE 1) TO CONTRACTOR ADDRESSED (BIDS: FEBRUARY 28, 2002 - AT 2:00 PM) 4 MG - Prestressed Concrete Reservoir A. BBR~S WORK COVERS pAR. 1.03 (PRESTRESSING, SANDBLASTING, SItOTCRETE) BBR's price includes: a. Seismic cable sets (for you to unload and install). b. Vertical post-tension: furnish assembled tendons (for you to unload and install), stress and grout. c. Sandblast exterior wall. d. Circumferenfially wrap the wall with solid galvanized wire. e. Shotcrete mix design, application, curing and finishing. B. YOU FLrRNISIt AND PAY - FREE OF CItARGE TO BBR - FOR: a. Proper drainage in the working area outside and around the wall footing to avoid ponding and mud conditions. b. Provide a minimum 8 ft wide - level - clearance envelope - outside and around the wall footing ring - starting from 18" below the top of the wall-footing all the way up, c. Remove bank slides into the clearance area ~ immediately - when they occur. d. Provide rock-covered all-weather access road(s) to the level working'area and around the wall footing suitable for 40-ft trailers - ready-mix tracks - cranes ~ forklifts - or other vehicles. e. provide all-weather working area with electricity and water under pressure - adjacent to the tank - and sufficient in size: (I) to store tool boxes - office & tool sheds - and parking of 2 vehicles, (2) to store all wire needed to be wrapped on the tank wall and roof slab, (3) to unload - assemble - disassemble - and load BBR's machinery, (4) to install a large compressor (1300 CFM) - and large concrete pump, (5) to provide access of 2 ready-mix tracks to the concrete pump to facilitate continuous uninterrupted filling of the pump for efficient concrete and shotcrete operations, (6) to provide sufficient mm-around room for 40 ft trailers and heavy trucks if there is no two- way access to this. working area (the most logical area may be at one of the pipe entrances). ' f. Furnish, install and encase in concrete under the wall footing 2 sets of shotcrete-, water- and compressed-air pipes that BBR will deliver to you free of charge for our automated shotcrete operations. g. Please provide for BBR's prior approval all proposed pipe connections tkrough floor and wall before BBR's move-in and your purchase of such pipe. h. Furnish gated and fenced-in tank site, test and sterilize the tank. For safet~ reasons - other than BBR's crew - no one should be permitted to work within 30+ ft from the outside tank wall while wrapping and shotcreting is in progress. REVISED PRICE C. BBR'S BID PRICE FOR TltE ABOVE DESCRIBED WORK IS: $ 416,776.00 D. LABOR & MATERIAL PERFORMANCE BOND: ADD: 2% (If a bond is required, payment is due upon our acceptance of your contract) PHONE: (619) 588-7691 FAX: (619) 588-5225 RO. BOX 966, EL CAJON, CA 92022-0966 (1214 PIONEER WAY) BBR Prest,,essed Tanks, Inc. (Since 1961) February 28, 2002 . EAST VALLEY WATER DISTRICT - (ADDENDUM 4) BID PROPOSAL (PAGE 2) TO CONTRACTOR ADDRESSED (BIDS: FEBRUARY 28, 2002 - AT 2:00 PM) 4 MG - Prestressed Concrete Reservoir E. CONSTRUCTION TIME (subject to weather and other unforeseen conditions) a. The approximate construction time will be (weather loss not included) 9 Wks. b. We need one month in writing to start our work. F.PAYMENTS TO BBR: a. Move-in and set-up b. Progress payments must be received before the end of each month for materials delivered to site and work done the previous month - less 10% retention. Discount: You may deduct 2% from the amount due - should BBR physically receive payment on or before the 10th of that month. c. Final payment of the balance- in full - must be made within one month following the removal date of BBR's equipment and personnel from the site. Discount: You may deduct 5% from the amount due - should BBR physically receive payment within ten days from the removal date of BBR's equipment from the site. G. DATA ATTACm~,D: DYK-TECH wire wrapping schedule. · Letter from Lyon & Lyon of 2/22/02 to Paul R. Dolter. · BBR's "Top of the Line PC Tank CostsT. · BBR's Key Personnel (M. J. Dykmans, Shih-Hsiung Hsu, Chuck Hammond & Frank Bell). · Photos of finished tanks. Photos of mach/nery and new way of building tanks. · Comparison of cost between flat roofs and dome roofs. · Photo of pre-cast metal diaphragm wall (insures bottle-fight tanks - prevents cracks & corrosion) · New and improved way of tank analysis. · List of 200 PC tanks completed by BBR. · BBR's superintendent will be Frank Bell. Max J. Dykmans President EastValleyWD4 MG-Proposal PHONE: (619) 588-7691 FAX: (619) 588-5225 RO. BOX 966, EL CAJON, CA 92022-0966 (1214 PIONEER WAY) ~ar. 6, 2002 5:56P~,t SSC CONSTR]JCT]ON 909 278 2538 · '" · .'...~ ~..~,'-:..; ; ; i ' :. . M~ch 6, 2002 · : BB~ Prestressed T~, Inc . " . EI. Cajun, Ca m022-0966 · Ref:. 4MG E~t V~e7 Water Re~on~ to yo~ le~er · Dear Mr. Dyk_mans; Thank you for your inqairy with regards to your bid for prestressing. SSC Construction, In¢ did not solicit a bid from BBR. SSC Construction, In¢ listed DYK as their contractor for prestressing. Sincerely ~.~ _----~xeg Larkin Prcsidcnt cc. Paul R Dolter? Distr/ct En*~eer. ' '. 2073' Rai'lroad Stre(~t * Corona callfom.¢ 92880 · 909-27&1177 o Fax 909-278-2538 · State Uc. N0. 767170 WebsJte: www. sscconstrucdon.net LO'~,~,L AGENCY FORMATION COMMh,,~ION ~ ' 175 West Fifth.Street. Second FI.oor San Bernardino, CA 92415-0490 (909) 387-5866 FAX (909) 387-5871 E-MAIL: lafco @ lafco.sbcounty.gov www.sbc[afco.org // Established by the State of California to serve the Citizens, Cities, Special Districts and the County of San Bernar~lho COMMISSIONERS FEBRUARY 26, 2002 '~. RICHAROP. PEARSON. Chair TO: GENERAL/DISTRICT MANAGERS AND FIRE CHIEFS OLIVERP. ROEMER RE: NOTICE OF LAFCO HEARING D~^.EW~LL~S Pursuant to the provisions of the Cortese-Knox-Hertzberg Local ~M.mbo, Government Reorganization Act of 2000 (Government Code Section 56661a), LAFCO is required to provide a mailed notice of hearing to each ALTERNATES affected local agency by giving notice to the legislative body and the Special Disb'icts executive officer of the agency. CityMember Attached are 6 copies of the Notice of Hearing for the Commission's ,~,dOE""~S"^NS~E~"O~S,,.~,~O,, March 20. 2002 hearing. One copy is for you, as the General/District ^.,.-rON~S~^NO Manager or Fire Chief, and the other copies are for distribution to the *""~'"M""'~' members of the Board of Directors. We would appreciate it if you would distribute these Notices to your Board Members. STAFF ~^~s~.~oo~ Please contact our office if you have any questions. Deputy E. xec~tive Ormer Sincerely, LAFCO Secreta~t LEGAL COUNSEL c~,,~,.~so, Attachments NOTICE OF HEARING Notice is hereby given that the LOCAL AGENCY FORMATION COMMISSION of San Bernardino County will hold a public hearing: March 20, 2002 CIVIC CENTER HEARING CHAMBERS 175 West Fifth Street, Second Floor San Bernardino, California Environmental documentation on the following projects is available for review in the staff office of the Local Agency Formation Commission. Anyone wishing to examine this documentation may contact the LAFCO staff office at 175 West Fifth Street, Second Floor, San Bernardino, California 92415-0490, or call (909) 387-5866 within 21 days of this notice. 9:00 A.M. - Convene Regular Meeting DISCUSSION ITEMS: 3. Consideration of: (1) Review of Negative Declaration with Mitigation Measures Prepared by City of Victorville for Conditional Use Permit CUP-42-00 as CEQA Responsible Agency for LAFCO 2883; and (2) LAFCO 2883 - Annexation to County Service Area 64 (Lakeside Academy) The parcel to be annexed (APN 482-033-04) encompasses 2.5 +/- acres. The annexation site is located at the northeast corner of the intersection of Ridgecrest and Lindero Roads, in the southern Spring Valley Lake area, within the City of Victorville. 4. Consideration of Updates to Policy and Procedure Manual Related to Special Districts 5. Initiation of Service Reviews and Sphere of Influence Updates for all West Valle,/ Local Agencies {Area Identified as being from the City of Fontana Westerly to the Los Angeles/Orange/Riverside Counties Lines) 6. Pending Legislation Oral Report 7. Executive Officer's Oral Report 8. Comments from the Public (By Commission policy, the public comment period is limited to five minutes per person for comments related to items under the jurisdiction of LAFCO.) In its deliberations, the Commission may make appropriate changes incidental to the above listed proposals. The Commission may adjourn for lunch from 12:00 to 1:30 p.m. Anyone wishing to give testimony on the above regularly scheduled items should notify the LAFCO staff office by 5 p.m, the day prior to the hearing or call {909) 387-5866. If you challenge any decision regarding the above proposals in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the LAFCO staff office at, or prior to, the public hearing. LOCAL AGENCY FORMATION COMMISSION JAMES M. RODDY, Executive Officer BY: ANGELA POE, LAFCO Secretary ~ AGENDA ~ LOCAL AGENCY FORMATION COMMISSION FOR SAN BERNARDINO COUNTY CIVIC CENTER I-IEARING CHAMBERS 175 West Fifth Street, Second Floor, San Bernardino REGULAR MEETING OF MARCH 20, 2002 9:00 A.M[. CALL TO ORDER ~ FLAG SALUTE ANNOUNCEMENT: Anyone present at the hearlng who is involved with any of the changes of organization to be considered and who has made a contribution of more than $250 in the past twelve (12) months to any member of the Commission will be asked to state for the record the Commission member to whom the contribution bas been made and the matter of considaration with which they are involved. 1. Approval of Minutes for Regular Meeting of February 20, 2002 CONSENT ITEMS: The following consent items are expected to be routine and non-controversial and will be acted upon by the Commission at one time without discussion, unless a request has been received prior to the hearing to discuss the matter. 2. Approval of Executive Officer's Expense Report DISCUSSION ITEMS: 3. Consideration of: (1) Review of Negative Declaration with Mitigation Measures Prepared by City of Victorville for Conditional Use Permit CUP-42-00 as CEQA Responsible Agency for LAFCO 2883; and (2) LAFCO 2883 - Annexation to County Service Area 64 (Lakeside Academy) 4. Consideration of Updates to Policy and Procedure Manual Related to Special Districts 5. Initiation of Service Reviews and Sphere of Influence Updates for all West Valley Local Agencies (Area Identified as being from the City of Fontana Westerly to the Los Angeles/Orange/Riverside Counties Lines) 6. Pending Legislation Oral Report 7. Executive Officer's Oral Report 8. Comments from the Public (By Commission policy, the public comment period is limited to five minutes per person for comments related to items under the jurisdiction of LAFCO.) The Commission may adjourn for lunch from 12:00 to I:30 p.m. Current law and Commission policy require the publishing of staff reports prior to the public hearing. These reports contain technical findings, comments, and recommendations of staff. The staff recommandation may be accepted or rejected by the Commission after its own analysis and consideration of public testimony. IF YOU CHALLENGE ANY DECISION REGARDING ANY OF THE ABOVE PROPOSALS IN COURT, YOU MAY BE LIMITED 10 RAISING ONLY' THOSE ISSUES YOU OR SOMEONE ELSE RAISED DURING IHE PUBLIC TESTIMONY PERIOD REGARDING THAT PROPOSAL OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE LOCAL AGENCY FORMATION COMMISSION AT. OR PRIOR TO, THE PUBLIC HEARING. 2/20/02 - Rev. 2 - dc JOINT ESCROW INSTRUCTIONS MWD No. INFED1-28-150/APN 1210-211-17 INFED 1-28-271/APN 1201-401-03 TO: Chicago Title Escrow No. 560 E. Hospitality Lane San Bernardino, CA 92408 Attention Sue Klyce Escrow Officer This Agreement is made as of ., between EAST VALLEY WATER DISTRICT, a body corporate and politic (EVWD), and THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation (IViWD), pursuant to the terms of the Utility Replacement and Property Exchange Agreement dated September 1, 1999 by and between EVWD and MWD (UR.PEA) attached hereto as Exhibit D. WHEREAS, pursuant to the URPEA, EVWD and MWD agreed to exchange properties in the County of San Bernardino, State of CMifomia, which interests are hereinafter referred to as "Well Site 121,'(INFED1-28-271) and Well Site 147(INFED1-28-150A) which are described in Exhibits A and shown on Exhibits B, attached hereto and incorporated herein by reference. Said exhibits are contained in the attached granting instruments (Exhibit C) of said interests to be executed pursuant to paragraph 2 herein. In consideration of the mumm covenants herein contained, the panics hereby agree to the escrow instructions set forth hereinbelow to affect this exchange: 1. The exchange shall be completed through an escrow to be opened at Chicago Title, 560 East Hospitality Lane, San Bernardino, California 92408, Attention: Sue Klyce. Such escrow shall be 30 days, and shall include the following terms in addition to those set forth hereinabove: a. MWD shall pay M1 escrow fees, title insurance charges, and other costs related to this transaction. b. Possession of the Properties shall be given to the respective parties pursuant to the terms of the URPEA. c. Upon close of escrow, title to Well Site 121 described hereinabove shall vest in MWD subject to those title matters that have not been objected to by MWD in writing. Such vesting shall be insured by a standard policy of title insurance in the amount of $50,000. Joint Escrow Instructions Regarding Property Exch'~!~ge -2- ~ MWD Parcel No. INFED1-28-150 & INFED1-28-271 APN 1210-211-17 & 1201-401-03 ~' d. MWD may request that any liens evidencing monetary encumbrances (other than liens for nondelinquent property taxes) be subordinated to MWD's interest. If EVWD refuses to subordinate said encumberances to MWD's interest, or does not concur with any objections ra/sed by MWD pursuant to Section 1.c. above, this escrow shall terminate forthwith without any liability on the part of the EVWD or its agents, directors, employees, or representatives. e. Upon close of escrow, title to Well Site 147 described hereinabove shall vest in EVWD subject to those title matters that have not been objected to by EVWD in writing. Such vesting shall be insured by a standard policy of title insurance in the amount of $50,000. f. EVWD may request that any liens evidencing monetary encumbrances (other than liens for nondelinquent property taxes) be subordinated to EVWD's interest. IfMWD refuses to subordinate said encumberances to EVWD's interest, or does not concur with any objections raised by EVWD pursuant to Section 1.c. above, this escrow shall terminate forthwith without any liability on the part of the MWD or its agents, directors, employees, or representatives.. g. No escrow instructions other than those contained herein shall be required. 2. MWD and EVWD shall execute the deeds necessary to effectuate this Agreement concurrently with the execution of this Agreement, which documents, after acceptance by MWD and EVWD as required by law, shall be transmitted immediately thereafter to escrow company, at its address set forth hereinabove with a copy of this Agreement and instructions to open an escrow for the exchange of properties in accordance with the terms hereof. 3. Time is of the essence of this Agreement. 4. This Agreement may be signed in counterparts, each of which shall constitute an original, but all of which together shall be one and the same document. 5. Escrow holder shall only be concerned with Section 3 of the attached URPEA. EVWD has issued a notice of acceptance to MWD set forth in section 1.4 of the UP, PEA. Joint Escrow Instructions~ Regarding Property Exchange -3- MWD Parcel No. INFED1-28-150 & lNFED1-28-271 APN 1210-211-17 & 1201-401-03 / / / / / / / / EVWD's Mailing Address: EAST VALLEY WATER DISTRICT Post Office Box 3427 San Bemardino, CA 92413 By Its MWD's Mailing Address: THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Post Office Box 54153 Los Angeles, California Rona!d R. Gastelum 90054-0153 Chief Executive Officer Asset Management Attention Ron Maculans By. Peter J. Carpenter Manager, Asset Management Date s:\wordshar~ronmac\agreementsX28iff 50evwdexch .doc Attachments Recorded at the Request of THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA When Recorded Mail to THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Post Office Box 54153 Los Angeles, CA 90054 Attention: Asset Management DOCUMENTARY TRANSFER TAX $ None (Exempt--Section 1 t922, California Revenue and Taxation Code) GRANT DEED IvlWI) Parcel No. INFED1-28-271 APN 1201-401-03 EAST VALLEY WATER DISTRICT, a body corporate and politic and a political subdivision of the State of California which acqu/red title as EAST SAN BERNARDINO COUNTY WATER DISTRICT, a body corporate and politic and a political subdivision of the State of California. (Grantor), hereby grants to THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation (Grantee), the property in the City of Highland, County of San Bemardino, State of California, described on Exhibit A and shown on Exhibit B attached hereto and incorporated herein by reference. Dated: EAST VALLEY WATER DISTRICT, a body corporate and politic and a political subdivision of the State of California By: EXHIBIT A IN'FED 1-28-271' (Grant Deed) East San Bernardino CountyWater District That portion of the east half of the southeast quarter of Section 3, Township I South, Range 3 West, San Bemardino Meridian, in the City of Highland, County of San Bernardino, State of California, as conveyed to East San Bernardino County Water District, by Corporation Grant Deed recorded December 18, 1978, in Book 9582, Page 1668 of Official Records of said County described as follows: Beginning at the southwest corner of said east ha.lf of the southeast quarter of said Section 3; thence S 89° 43' 30" E 150.00 feet along the south line of said Section 3; thence N 00° 04' 45" W 100.00 feet on a line parallel with the west line of said east half of the southeast quarter of said Section 3; thence N 89" 43' 30" W 150.00 feet to a point on said west line of the east half of the southeast quarter of said Section 3; thence along said west line S 00° 04' 45" E 100.00 feet to the Point of Beginning. "' EXCEPTING therefrom all surface and gTound water rights. All as shown on Exhibit "B" attached hereto and made a part hereof. END OF DESCRIPTION ] PREPARED UNDER MY SUPERVISION Q~Peter~ .F~V. iseman P.L.S.6241 Date PGW¥:LSinfcdl~8~legal~71 .doc November 15. 2000 Page I of I EXHIBIT B ~'HIS EXHIBIT IS TO BEATTACHED ~ Page I of 1 TO THE LEGAL DESCRIPTION' POR. E 1/2, SE 1/4, SEC. 3 T. 1 S., R. 3 W., S.B.M., ClT~ OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA NOT TO SCALE MERRIS ST. 150' lO'PIPELINE EASE. ~ INFED1-28.271 BK. 9582/1668 O.R. ~ BK. 9582/1668 O.R. REC. 12/18/78 ~ REC. 12/18/78 ~ ABBEY WAY P.o.a. 10 LEGEND GRANT DEED  INFED1-28-271 (0.344 AC. TOTAL,) VICINITY MAP ~ GREE POTRD. PREPARED UNDER ~ I ~IM~R~;tSI I MYSUPERVISION THEMETROPOLITANWATERDISTRICT sT I ~ - OF SOUTHERN CALIFORNIA DEED 5,~j . 1' "- / P.~er G. Wiseman P.I-S. 6241 EAST SAN BERNARDINO NOr rO SC~L~ DATE / / MWD INFED1-28-271 Recorded at the Request of EAST VALLEY WATER DISTRICT When Recorded Mail to EAST VALLEY WATER DISTRICT 1155 Del Rosa Avenue San Bemardino, CA 92413 DOCUMENTARY TRANSFER TAX $ None (Exempt-Section I 1922, California Revenue and Taxation Code) GRANT DEED MWD No. INFED1-28-150 APN Portion of 1210-211-17 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation (Grantor), hereby grants to EAST VALLEY WATER DISTRICT, a body corporate and politic and a political subdivision of the State of California (Grantee), the property in the City of Highland, County of San Bemardino, State of California, described on Exhibit A and shown on Exhibit B attached hereto and incorporated herein by reference. Dated: THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation By Roy L. Wolfe Manager, Corporate Resources RGM:bb s:\wordshar~ronmacXdocsX281 IF150~antdeed EXHIBIT A INFED 1-28-150A (Grant Deed) MSVD to East Valley Water District, a body corporate and politic All that portion of the east 20 acres of the southeast quarter of the southwest quarter (SE1/4SW1/4) of Section 2, Township 1 South, Range 3 West, San Bemardino Meridian, in the City of Highland, County of San Bemardino, State of California, described as follows: Beginning at a point on the southerly line of said SE1/4SW1/4, said point being N 89° 33' 29" W 105.88 feet from the southeast comer of said SE1/4SWI/4 as marked by a 2" iron pipe with brass cap, 2" above surface stamped "TIS - R3W- ¥t S2/S11 L.S. 3018" as shown on Record of Survey filed in Book 105, pages 32 through 35, inclusive, of Record of Surveys, records of said County; thence continuing along said southerly line N 89° 33' 29" W 185.28 feet; thence N 00° 08' 37" E 157.48 feet; thence N 01° 55' 40" W 5?.89 feet; thence parallel with the southerly line of said SE1/4SW1/4 S 89° 33' 29" E 191.00 feet; thence parallel with the easterly line of said east 20 acres S 01° 06' 29" W 215.33 feet to the point of beginning. ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART THEREOF. PREPARED UNDER MY SUPERVISION ~ Date / ~' PGW~ PS..~l¢§ah2$\150A.doc August 29, 2001 Page 1 of 1 ·I EXHIBIT B PageI o! 1 =THIS EXHIBIT IS TO BE ATTACHED TO THE LEGAL DESCRIPTION" POR. SE1/4SW1/4 SEC. 2, T. 1 S., R. 3 W., SBM CITY OF HIGHLAND COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA GREENSPOT ROAD COURSE TABLE LINE BEARING DISTANCE L 1 N 89° 33' 29" W 105.88' SE1/4 SW1/4 L2 N 89° 33' 29" W 185.28' L3 N O0° 08' 37" E 157.48' L4 N 01° 55' 40" W 57.89' L5 S 89° 33' 29" E 19'/,00' R.S. 105/32-35 L6 S 01° 06' 29" W 215.33' E 20 ACS. L5 L4 ~ ~ -L1 L3 L2 ~, ABBEY WAY NOrTOSCALE \ S 1/4 COR. SEC. 2 P.O,B. LEGEND ~  GI:~NT DEED INFED1-28-150A (0.926 AC.) VICINITY MAP PREPARED UNDER ~1 GREENSPOT ~.~ IRD. MY SUPERVISION ~[ ~ ~_SITE ~ THE METROPOLITAN WATER DISTRICT gl sr. [ , O~= sourHE~N CAUFO~NIA INLAND FEEDER ABBEY WAY . Wiseman P.I-S. 62~T' "---- MWD TO  EAST VALLEY WATER DISTRICT A BODY CO , O, TE ,ND POL,T,C NOT TO SCALE DATE INFED 1'28' 150A · /Inland/row/exhlb/28/150A.dgn 08/29/81 PGW UTILITY REPLACEMENT AND PROPERTY EXCF~NGE AGREEMENT THIS AGREEMENT is made this /~ay of .~D~,~"~- , 1999, by and between the METROPOLI~ WATER DI~TRICT 'OF SOUTHER_N CALIFORNIA, a public corporation (hereinafter "Metropolitan"), and EAST VALLEY WATER DISTRICT, a public agency hereinafter "East Valley"). RECITALS A. Metropolitan is a public corporation organized and existing under the Metropolitan Water District Act of the State of California (Statutes 1969, Chapter 209, as amended). Metropolitan has the authority to acquire, store, and transport water for municipal and domestic uses. To fulfill these purposes, Metropolitan has designed and proposes to construct, operate, and maintain certain water conveyance facilities commonly known as the Inland Feeder Project (hereinafter "the Inland Feeder").. The Inland Feeder has been divided into nine reaches in its 43.7-mile alignment of 12-foot-inside-diameter tunnels and pipelines, beginning in the foothills of the San Bernardino Mountains and finishing at the Colorado River Aqueduct in San Jacinto, in the County of"Riverside. When completed, this transmission pipeline will nearly double Metropolitan's water d~livery capability from the State Water project, providing Southern Californians with as much as 650 million gallons of additional water each day. The details of the Inland Feeder were documented in the Inland Feeder Project Final Environmental Impact Report and Environmental Assessment certified and approved by Metropotitan's Board of Directors in February of 1993. III E (H]BiT D B. East Valley is a county water district organized and operating pursuant to California Water Code Section 30000 et seq. East Valley is a public water agency Ghat provides water and sewer service to residential, commercial, and industrial properties in the City of Highland and other neighboring communities in the County of San Bernardino. C. East Valley is the owner of approximately 0.344 acres of real property located in the City of Highland, Cou'nty of San Bernardino, State of California, which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter "Parcel A") . East Valley owns and operates a groundwater production facility known as Well No. 121 on Parcel A. Well No. 121 has a pumping capacity of approximately 1,500 gallons per minute and distributes water via buried pipeline to East Valley's Upper Pressure Zone which spans nearly the entire jurisdictional area of East Valley. D. The proposed alignment of the Inland Feeder is adjacent to Well No. 121. Due to the width and depth of the required excavation, and the type of heavy equipment to be used, it is anticipated that the Inland Feeder will impact and potentially render Well No. 121 inoperable during pipeline construction. E. As a result, Metropolitan has requested that East Valley consent to the replacement of Well No. 121 with a new well and associated water conveyance facilities connecting to East Valley's Plant No. 143 (such public works being collectively referred to hereinafter as "Well No. 147") at a different site located 2 approximately 3,600 feet easterly of Well No. 121 on real property which is more particularly described in Exhibit "B" attached hereto .and incorporated herein by this reference (hereinafter "Parcel B"), at the expense of Metropolitan and in accordance with the Mitigated Negative Declaration approved by East Valley;s Board of Directors on December 14, 1998 (hereinafter "the Negative Declaration"), in order to accommodate the proposed alignment of the Inland Feeder. .All such activities shall hereinafter be referred to as "the Replacement Project" and are generally depicted on the maps attached hereto as Exhibit "C" which are incorporated herein by this reference. F. The purpose of this Agreement is to set forth the terms and conditions under which the parties hereto will participate in the Replacement Project. COVENANTS NOW THEREPORE, in consideration of the preceding Recitals and the mutual Covenants contained herein, the parties hereto agree as follows: section 1. CAPITAI~ IMPROVEMENT. Section 1.1. ProDert¥ Acquisition. Upon execution of this Agreement, Metropolitan shall proceed with obtaining fee title to Parcel B. Section 1.2. Construction. Upon acquisition of lawful possession to Parcel B, Metropolitan shall grant East Valley and its employees, agents, and invitees full unrestricted access and use of Parcel B for the construction, installation, and inspection 3 of Well No. 147 and any and all other facilities necessary for the Replacement Project. Well No. 147 and any and all other facilities necessary for the Replacement Project shall be equipped in a manner acceptable to East Valley and constructed at a location on Parcel B approved by East Valley. All costs and liabilities in connection therewith shall be borne solely by Metropolitan. Section 1.3. ComDletion. All work under this Agreement shall be performed by East Valley or a party or entity retained and managed by East Valley. All plans, drawings, specifications, contract documents, and construction schedules for all such work must be approved by both Metropolitan and East Valley prior to the commencement thereof. Such approval shall not be unreasonably conditioned by Metropolitan nor withheld by Metropolitan for more than thirty (30) days. Neither East Valley's review, approval, or acceptance of, nor payment for, any of the services hereunder shall be construed as a waiver of any of rights of East Valley under law or this Agreement, or of any defense or cause of action which East Valley may have arising out of the performance of this Agreement. Construction of all Replacement Project facilities shall be completed within nine (9) months from the date that Metropolitan grants East Valley access to Parcel B pursuant to Section 1.2 of this Agreement. Section 1.4. AcceDtance. Upon completion of construction of the Replacement Project, if East Valley determines in the reasonable exercise of its sole discretion that Well No. 147 operates at a pumping capacity, and produces water of a quality, that is at least equal to Well No. 121, it shall issue a written notice of acceptance and immediately grant Metropolitan access to Parcel A for Inland Feeder activities. Upon East Valley's acceptance of the completed work performed by a party or entity retained pursuant to this Agreement, East Valley shall be immediately entitled to the full use thereof. Section 2. METROPOLITAN'S FINANCIAL RESPONSIBILITIES. Section 2.1. Advance Payment. Upon both parties' approval of the plans, drawings, specifications, contract documents, and construction schedules for the work to be performed pursuant to Section 1.3 of this Agreement, East Valley shall submit an estimated budget therefor to Metropolitan. Metropolitan shall remit full payment of the cost estimate to East Valley within thirty (30) days after Metropolitan's approval thereof, which approval shall not be unreasonably withheld or delayed. Section 2.2. Liability for Costs. Metropolitan shall be solely responsible for the payment of all costs, fees, expenses, fines, penalties, and liens associated with the construction, inspection, start-up, and initial operation, maintenance, repair, and replacement of Well No. 147 and any and all other facilities necessary for the Replacement Project, including all costs, fees, and expenses incurred for the environmental analysis, engineering, and design thereof. Metropolitan shall also reimburse East Valley for its actual costs in performing plan checks, inspections, and other work related to the Replacement Project. Upon Metropolitan's full satisfaction of its obligations under this Agreement, all 5 other costs of operation, maintenance, repair, replacement required thereafter shall be the sole responsibility of East Valley. Section 2.3 Reconciliation. The total funding of the Replacement Project and all other costs, fees, and expenses contemplated by Section 2.2 of this Agreement shall be accomplished by Metropolitan without any financial contribution or advance by East Valley. Additionally, Metropolitan agrees that it will waive all contribution rights against East Valley for funding of the Replacement Project and other associated costs. East Valley shall apply the funds received from Metropolitan pursuant to Section 2.1 of this Agreement toward the satisfaction of Metropolitan's financial obligations hereunder. If said funds are not sufficient to pay the entire amount thereof, Metropolitan shall remit payment to East Valley of the remaining balance within thirty (30) days of written notice. If, at the end of this Agreement, Metropolitan's payments are in excess of all of the costs, fees, and liabilities actually incurred in connection with the Replacement Project, the excess will be returned by East Valley to Metropolitan within thirty (30) days thereof. Section 3. PROPERTY EXCRANGE. Section 3.1. From Metropolitan. As soon as reasonably practicable after East Valley's issuance of a notice of acceptance pursuant to Section 1.4 of this Agreement, Metropolitan shall deliver to East Valley (a) fee title to Parcel B and (b) title to Well No. 147 and the Replacement Project facilities. Such interests shall be conveyed free and clear of all liens for taxes 6 and assessments not yet payable and of all easements and encumbrances not previously approved by East Valley, and shall be evidenced by fully-executed deeds in recordable form acceptable to East Valley. In the event that Metropolitan or any duly-empowered entity is determined to have prior rights with respect to the use of Parcel B as a result of the Replacement Project and/or property exchange provided for in this Agreement, any relocation required to accommodate that entity's facilities shall be performed by Metropolitan at its sole expense. Section 3.2. To Metropolitan. Concurrent with Metropolitan's faithful performance of its obligations under Section 3.1 of this Agreement, East Valley shall deliver to Metropolitan a grant deed in recordable form fully-executed by the appropriate officials thereof conveying all of its right, title, and interest in Parcel A. It is expressly understood by the parties hereto that Metropolitan shall not acquire any water rights by operation of this Agreement, and that East Valley makes no express or implied warranties concerning Parcel A or its fitness for any particular purpose, nor shall East Valley be held liable for any losses incurred or damages sustained as a direct or indirect result thereof. Section 3.3. Preparation of Documents. All deeds, legal descriptions, maps, and other documents necessary to effectuate the transfer of property in accordance with the terms of this Agreement shall be prepared by Metropolitan and shall be subject to approval by East Valley. 7 Section 4. OPTION TO PURCHASE. Upon consummation of the property transfer described in Section 3.2 of this Agreement, East Valley may repurchase Parcel A from Metropolitan for the price of $34,000.00, subject to an easement thereon to allow Metropolitan to operate and maintain the Inland Feeder, any time within two (2) years after notice of completion of the construction of that portion of the Inland Feeder located, thereon, which notice shall not be unreasonably withheld or delayed by Metropolitan. Any sale of Parcel A to a third party in violation of this provision without the express written consent of East Valley shall be deemed a breach of this Agreement and shall be null and void. Section 5. LIABILITY FOR DAMAGES East Valley shall not be held liable or responsible for any debts or claims that may arise from the operation of this Agreement, or for any damage claims for injury to persons, including Metropolitan and its agents or employees, or for property damage, or for other loss to any vehicle or the contents thereof, from any cause arising out of or in any way related to the Replacement Project, Metropolitan's obligations hereunder, and/or Metropolitan's use, ownership, or occupancy of Parcel A and Parcel B. Section 6. HOLD NARMLESS. Section 6.1. Indemnification by Metropolitan. Exceptfng the sole or active negligence or willful misconduct of East Valley, Metropolitan agrees to indemnify and hold East Valley and its officers, directors, agents, and employees, harmless from and against all claims and liabilities of any kind arising out of, in connection with, or resulting from, any and all acts or omissions on the part of Metropolitan and/or its agents, guests, invitees, trespassers, contractors, consultants, and employees in connection with the Replacement Project, the performance of their obligations under this Agreement, or their use and/or occupancy of Parcel A, and defend East Valley and its respective officers, directors, agents, and employees from any suits or actions at law or in equity and to pay all court costs and counsel fees incurred in connection therewith. In addition, Metropolitan agrees to defend, indemnify, and hold East Valley and its office~s, directors, agents, and employees harmless from and against and all claims, losses, liabilities, damages, demands, actions, judgments, causes of action, assessments, penalties, costs, expenses (including, without limitation, the reasonable fees and disbursements of legal counsel, expert witnesses, and accountants), and all foreseeable and unforeseeable consequential damages which might arise or be asserted against East Valley and/or Metropolitan, with regard to the Inland Feeder, the Replacement Project, the physical condition of Parcel A and Parcel B, and/or the activities conducted thereon, which are alleged and/or determined to be tortious and/or in violation of present and future federal, state, and local laws (whether under common law, statute, rule, regulation, -or otherwise), including, but not limited to, the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., and the Guidelines adopted thereunder, California Code of Regulations Section 15000 et seq.; the Comprehensive 9 Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. §§ 96601 through 9657, inclusive; Transportation of Hazardous Materials and Wastes (H~4TA), 49 U.S.C. App. §§ 1801 through 1813, inclusive; the federal Resource Conservation and Recovery Act (RCP~A), 42 U.S.C. §§ 6901 through 6992, inclusive; 40 C.F.R. Parts 260 through 271, inclusive; the California Hazardous Substance Account Act (HSAA), California Health and Safety Code §§ 25300 through 25395, inclusive; the California Hazardous Waste Control Act (~WCA), California Heath and Safety Code §§ 25100 through 25249, inclusive; the Porter-Cologne Water Quality Control Act, California Water Code §§ 13000 through 13999.16, inclusive; and the Underground Storage Tank Act (USTA), California Health and Safety Code §§ 24280 through 242999.7, inclusive; all as the same may be amended from time to time. Section 6.2. Indemnification of Metropolitan. Subject to Section 6.1 of this Agreement, and excepting the sole or active negligence or willful misconduct of Metropolitan, East Valley agrees to indemnify and hold Metropolitan and its officers, directors, agents, and employees, harmless from and against all claims and liabilities of any kind arising out of, in connection with, or resulting from, any and all acts or omissions on the part of East Valley and/or its officers, directors, employees, ~nd agents in connection with the performance of their obligations under this Agreement, or their use and/or occupancy of Parcel B, and defend Metropolitan and its officers, directors, agents, and employees from any suits or actions at law or in equity and to pay 10 all court costs and counsel fees incurred in connection therewith. Section 7. INSURANCE. Section 7.1. Metro~olitan's Coveraqe. Metropolitan is self-insured for $25 million against any claim, loss, or damage that may occur as a direct or indirect result of Metropolitan's use or occupancy of Parcel A or performance or nonperformance of any acts or obligations arising under this Agreement, and maintains $75 million of commercial liability insurance in excess of the self- insurance retention. Such insurance shall be primary insurance as to East Valley and its directors, officers, employees, representatives, and agents so that any other coverage held by said entities shall not contribute to any loss under Metropolitan's insurance. Metropolitan also waives the right of subrogation against East Valley and any of its directors, officers, employees, representatives, and agents. Section 7.2. Contractor Policy Requirements. All contractors retained to perform work on the Replacement Project shall procure and maintain such policies of insurance, bonds from an acceptable surety, cash deposits, letters of credit, and other forms of security, in amounts and upon terms deemed sufficient by East Valley in the exercise of its sole discretion. All insurers may be required to have at least an Al5 policyholder's rating-in accordance with the current Best's Key Ratinq Guide or equivalent. In addition, any and all insurers must be authorized to conduct business in the State of California, as evidenced by a listing in the official publication of the Department of Insurance of the State of california. Certificates of insurance and endorsements, acceptable to East Valley and verifying the insurance coverage required by this Agreement, shall be filed with East Valley. East Valley may reserve the right to require complete and accurate copies of all insurance policies authorized under this Agreement. These policies shall include as additional named insureds: East Valley, Metropolitan, and their respective directors, officers, employees, representatives, and agents when acting in their capacity as such in conjunction with the performance of this Agreement~ These policies may be primary and non-contributory, and may contain language to the effect that the insurer waives the right of subrogation against East Valley, Metropolitan, and any of their respective directors, officers, employees, representatives, and agents. Each insurance policy shall also specifically identify. this Agreement and may contain a clause which provides that the policy may not be canceled or changed Without first giving thirty (30) days advance written notice to East Valley. In the event any policy of insurance expires at any time during the term of this Agreement and any extension thereof, East Valley may demand a new. certificate of insurance at least thirty (30) days prior to said expiration date evidencing coverage in a manner consistent herewith for a period of time not less than one (1) year. Section 8. NOTICES. Any notice, tender, or delivery to be given hereunder by either party to the other shall be effected by personal delivery in writing or by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed 12 communicated as of mailing or in the case of personal delivery, as of actual receipt. Mailed notices shall be addressed as set forth below, but each party may change its address by written notice in accordance with this section. If to Metropolitan: Metropolitan Water District of Southern California 350 S. Grand Avenue, 8th Floor Los Angeles, CA 90071 Attn: James Gallanes If to East Valley: East Valley Water District 1155 Del Rosa Avenue P.O. Box 3427 San Bernardino, CA 92413 Attn: Robert E. Martin General Manager Section 9. DISPUTES. Any dispute or controversy arising out of, under, or in connection with, or in relation to this Agreement, and any amendments thereto, or the breach thereof, which is not resolved informally by prior mutual agreement of the parties hereto, shall be submitted to arbitration in accordance with the California Arbitration Act, Sections 1280 through 1294.2 of the Code of Civil Procedure. The cost of such arbitration shall be paid by the parties equally; however, the prevailing party in the arbitration shall be entitled to reimbursement of its attorneys fees and other costs incurred in connection therewith. Section 10. ATTORNEYS FEES. If a dispute arises which cannot be resolved by arbitration, regarding the breach or enforcement of the provisions of this Agreement, the prevailing party therein shall be entitled to recover all attorneys fees or other costs actually incurred in connection with reaching a resolution of the dispute whether or not an action, claim, or lawsuit is filed. In 13 any action brought, the entitlement to recover attorneys fees and costs will be considered an element of costs and not of damages. Section 11. INUREMENT. This Agreement and all provisions hereof shall be jointly and severally binding upon, and inure to the benefit of, the parties hereto and their respective heirs, successors, legal representatives, and assigns. Section 12. ASSIGNMENT. This Agreement may not be assigned to any individual or entity without the written consent of the parties hereto. Section 13. INTEGP~ATION AND AMENDMENT. This Agreement constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements, whether oral or written, between the parties in connection therewith. This Agreement may not be amended unless in writing and signed by the parties hereto. Section 14. CAPTIONS. The captions of sections and subsections of this Agreement are for reference only and are not to be construed in any way as a part of this Agreement. Section 15. INTERPRETATION AND ENFORCEMENT. This Agreement shall not be construed against the party preparing it, but shall be construed as if both parties jointly prepared this Agreement and any uncertainty or ambiguity contained herein shall not -be interpreted against any one party. Failure by either party to enforce any provision of this Agreement, or any waiver thereof by such party, shall not constitute a waiver of said party's right to enforce subsequent violations of the same or any other terms or 14 conditions herein. This Agreement shall be enforced and governed by and under the laws of the State of California, and venue for any action brought to interpret and/or enforce any provision of this Agreement shall be in a state or federal court located in the State of California with in rem jurisdiction over Parcel A and Parcel B. Section 16. COUNTERPARTS. This Agreement may be signed in counterparts, each of which shall constitute an original, but all of which together shall be one and the same document. Section 17. TIME OF THE ESSENCE. Time is of the essence in this Agreement and each and every provision thereof. Section 18. AUTHORITY. Each individual executing this Agreement on behalf of a party hereto represents and warrants that they are fully and duly authorized and empowered to so execute on behalf of such party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers as of the date first above written. ACCEPTED: THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA EAST VALLEY WATER DISTRICT Ronald R. Gastelum ~/~.~~~//~/~.~ .~ BGeneral Manager/~ $ Y: Edward S. Negrete / ' ' President, Board of Directors APPROVED AS TO FORM: Brunick, Alvarez & Battersby N. Gregory Taylor Steven M. Kennedy General Counsel General Counsel Deputy q~eneral EXHIBIT A INFED1-28-271 (Grant Deed) East San Bernardino County Water District That portion of the east half of the southeast quarter of Section 3, Township 1 South, Range 3 West, Sa~ Bern~rdino Meridian, in the City of Highland, County of San Bernardino, State of california, as conveyed to East San Bernardino County Water District, by Corporation Grant Deed recorded December 18, 1978, in Book 9582, Page 1668 of official Records of said County described as follows: Beginning at the southwest corner of said east half of the'southeast quarter of said Section 3; thence S 89° 43' 30" E 150.00 feet along the south line of said Section 3; thence N 00° 04' 45" W 100.00 feet on a line parallel with the west line of said east half of the southeast quarter of said Section 3; thence N 89° 43' 30" W 150.00 feet to a point on said west line of the east half of the southeast quarter of said Section 3; thence along said west line S 00° 04' 45" E 100.00 feet to the Point of Beginning. PREPARED UNDER Date ~ PGW\p:\..\infedl\28\1egal\271.doc Occobe= 26. 1997 Page 1 of 1 · - EXHIBIT ~ Page I of 1 'THI~ ,EXHIBIT IS TO BE ATTACHED TO THE LEGAL DESCPJPT/ON' POFL E 1/2, SE 1/4, SEC. 3 T. 1 S., FL 3 W., S.B.M., CITY OF HIGHLAND, ' COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA · _ FIFTH ST. r NOT TO SCALE MERRIS ST. GRANT DEED (0.~4~ A¢. TOTAl.) · VICINITY MAP ~,, ,~ '~ 'j ,~ ~ ~ i .-~"  THE METROPOLITAN WATER DISTRICT PREPARED UNDER ~sJ ~SION~/ _......~ //... OF SO UTHERN CAUFORNIA ~ P.L-S. ~2~ ~ ~.~ ~/~/~ cou,~ w~ ~s~cr .orms~ DATE / / ~D -INFE~I-2J-~I ' ' ' EXHIBIT ]]'qFED1-2S-150 (Grant Deed) Ruffen B. Kirkland All that portion of the east 20 acres of the southeast quarter of the southwest quarter (SE1/4SW1/4) of Section 2, Township I South, Range 3 West, San Bemardino Meridian, in the City of Highland, County of San Bemardino, State of California, described as follows: Beginning at a point on the southerly line of said SE1/4SW1/4, Said point being N 89° 33' 29" W 105.88 feet from the southeast comer of sa.id SEI/4SW 1/4 ~s marked by a 2" h'on pipe with brass cap, 2" above surface stamped '"r 1s - R3W- ,A S2/S11 L.S. 3018" as shown on Record of Survey filed in Book 105, pages 32 through 35, inclusive, of Record of Surveys, records of sald County; thence continuing along said southerly line N 89° 33' 29" W 185.28 feet; thence N 00° 08' 37" E 157.48 feet; thence N 01° 55' 40" W 57.89 feet; thence parallel with the southerly line of said SE1/4SWl/4 S 89° 33' 29" E 191.00 feet; thence parallel with the easterly line of said east 20 acres S 01° 06' 29" W 215.33 feet to the point of beglnn~ug. ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART TH]ER.EOF. END OF DESCRIPTION PREPAKF22_UNDER MY SUPERVISION pc( p.~. Wi~eman, P.L.S. 6241 Date / ' R.B. p:'OcgahlS~150.doc July 12, 1999 Page 1 of 1 EXHIBIT B Page 1 of 1 'THIS EXHIBIT. IS TO BE AI-i'ACHED TO THE LEGAL DESCRIPTION' POR. SE1/4SW1/4 SEC. 2, T. 1 S., R. 3 W., SBM CITY OF HIGHLAND COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA GREENSPOT ROAD COURSE TABLE UL~EI BEARING DISTANCEI : N89~33'29'W 705o88' I SE1/4SW'I/4 .L.2.I N89"33°29'W 785.28' L3 j NOO'OS'37'E 157.48' L4 NO1°55'40'W 57.89' L5 S 89- 33* 29'E I 191.00' R.S. 105/32-35 L6 I S01°06'29-W I 215.33' E 20 ACS. ' L6 L~ ~ ~x~_BEY WAY NOT TO SCALE P.O.B. S 1/4 COR. SEC. 2 LEGEND VICINITY MAP O. 624 t~ GREENSPOT PREPARED UNDER / RD. ~ SUPERVISION / SiTE THE METROPOLITAN WATER DISTRICT ~ MERPJS F ~ OF SOUTHERN CALIFORNIA ST. {~ ~/'~ INLAND FEEDER i GRANT DEED I i ABBEYWAY ~ P?~G. WlsemanP. LS. 6241 RUFFENB. KJRKLAND · ' MWD - DATE · ~or ro S--~L~ - INFED1-28-150 ~]nland/rowfexhlb/28Jl SO.dgn Tom Do,sort ~". Area_.deared for well site location '; ,', ..... ' Feel . ~:,. ~ ~.~ ~ i ''. 0 25 50 10:1 ~.~ '.~..,~ . --. .......... ..: . ....... ~;-~a ~o~;g~'s~ ' ":-' ~ ........ ' '- '~-" RESOLUTION 2002.09 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT AUTHORIZING EXECUTION OF A GRANT DEED FROM THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, A PUBLIC CORPORATION. BE IT HEREBY RESOLVED AND ORDERED that the MWD Corporation Grant Deed dated February 21, 2002 and signed by Roy L. Wolfe, Manager, Corporate Resources, as Grantors, grants to the East Valley Water District, its successors and assigns, as Grantee, real property located in the County of San Bernardino, State of California, more particularly described in Exhibit "A" and the same is hereby accepted for and on behalf of the said Water District. NOW, THEREFORE, BE IT RESOLVED that the attached Grant Deed be accepted and all rights, title and interest in and to said property be vested in the East Valley Water District, and that the Secretary of said District be and is hereby authorized and directed to record this Resolution with the said Grant Deed attached hereto, in the office of the County Recorder of the County of San Bernardino, State of California. The foregoing resolution was duly adopted at a meeting of the Board of Directors of the East Valley Water District, by motion made, duly seconded and carried unanimously on March 12, 2002. AYES: DIRECTORS: NOES: ABSENT: EAST VALLEY WATER DISTRICT Donald D. Goodin, President ATTEST: Robert E. Martin, Board Secretary W1970 03/06/02 jw ~ar. 5. 2002 2:52PM I~WD REAL ESTATE SVC 213 217 7650 Recorded at th~ Request of EAST VALLEY WATER DISTRICT When Recorded Mail to EAST VALLEY WATER DISTRICT 1155 De[ Rosa Avenue San Bema~dino, CA 92413 DOCUMENTAR? TRANSFER TAX $ None (Exempt--Section 11922, Califom/a Revenue and T~x~ion Code) GRANT DEED MWD No. INFEDI-28450 APN Portion of 1210-211-17 THE M~TROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation (Grantor), hereby grants to FAST VALLEY .WATER. DISTRICT, a body corporate and politic .and a political subd/vision of "' ' the State of California (Grantee),." ' · the property in the City of FIighland, County of San Bemardino, State of California, described on Exhibit A and shown on Exhibit B attached hereto and incorporated herein by reference, Dated: THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA a public corporation ROM:bb s:\wordsharh'onmac\docsX281 IF1 $0grantdeed Mar. 5. '2002 2:52PM MWO REAL ESTATE SVC 2]3 217 7650 /~o.9593 P, 3 EXttlBIT A INI~D 1-28 - 150A (C~c ant Deed) MW'D to . . East Valley Water District, a body corporate and politic All that portion of the ~ast 20 acres of thc southeast quarter of the southwest quarter (SE 1/45WI/4) of Section 2, Township I South, Range 3 West, San Bcmardino Meridian, in tho City of Highland, County of San Bernaxdino, State of California, described as follows: Beginning at a point on the southerly line of said SEl148Wl/4, said point being N 89° 33' 29" W 105.88 feet f~om the southeast comer of said 5BIMSWI/4 as marked by a 2" iron pipe with brass cap, 2" above surface stamped "TlS -R3W- ~A S2/Sll L.S. 3018" as shown on Record of Survey fried in Book 105, pages 32 through 35, inclusive, of Record of Surveys, records of said County thence continuing along said southerly line 1'4 89° 33' 29" W 185.28 feet; thence N 00° 08' 37" B 157.48 feet; thence N 017 55' 40" W. 57.89 feet; thence parallel with the southerly linc of said SE 1/4$Wl/4 S 89° 33' 29" B 191.00 feet; thence parallel with the easterly line of said east 20 acres $ 01° 06' 29" W 215,33 feet to thc point of beginning. ALL AS SHOWN ON EXHIBIT "B" ATTACI'~-D HERETO AND MADE A PART THEREOF. I '" v. vz 'Oi ; v. 'cvawzo v ........ I Date~ Pate 1 of I Mar. 5. 200Z Z:b~M MWU K~AL ~IAI~ ~VC ZI~ ZI! !bbU No.~b~ F. ~ EXHIBIT B Pa;, of ~THI$ EXHIBIT IS TO BE A1TACHED TO THE LEGAL DE$CRIPTIOM POR. SE1/45Wl/4 SEC. 2, ?. 1 S., R. 3 W., SBM CITY OF HIGHLAND COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA GREENSPOT ROAD C¢ ~RSE TABLE LINE; BEARIN(~ DISTANCE L1 N 89~ 33' 2~ W 105.88' .L2 NS~aa'2~W 185.28' SE1/4 SW1/4 L3, N ~ OS' 3~ E , L4' N 01' 55' 40" W 57,89' E 20 ACS. L5 c~ k ~ ABB~ WAy -- S ,/4 COR. SEC. 2 LEGEND (o.~ ~,) Exp~ VICINI~ MAP ~ N~ 6~41 t~ar. 5. 2002 2:53PM MWD REAL ESTATE SVC 213 21~ 7650 No.9593 P, b CALiFORIqlA ALL-PURPOSE ACKNOWLEDOEMEIqT s/swot dsh ar/sheflo/fom'v~lotary (2; C; 0 0 0 0 0 ~ ~ ~ o ~ o ~ ~ z 0 ~ ~ o o o o o o o ~w~ ~ m~~ ~ ~ ~ o o ~ o O0 0 1.1.1 000~ -r Z Z Z ~.~IJJ LI ~ ~ 0 ~ Z oX 0 0 Z 0 0 0~~ ~ z~ 0 ~ ~ z:OO~o~ g~o~ EAST VALLEY WATER DISTRICT D_L~,CTOR'S FEES AND EXPENSE RE....,}RT DIRECTOR: Z./~HT'F(2£] ']'- MONTH OF: ard Meetings: A//~- ? Conferences and Other Meetinqs Date: 2/5' Organization ~-//b2~ Description ~b //dS ~ ~ r Date: %/2.~ Organization ~/7'y' ,Cf: /¢/6db']~.,~ Description /~¢~. / Date:. Organization Description Date: .Organization Description Date:. .Organization Description Date: Organization Description Date: Organization Description Date: .Organization Description Date: Organization Description Date: Organization Description ~ Date: .Organization Description Date: Organization Description Date: .Organization Description Date: .Organization Description Date: Organization Description TOTAL # OF MEETINGS. ~ @125.00 each Personal Auto: Miles x .325 per mile Parking Fees Total Lodqin.qs, Meals & Other: (Details on Back). Total Director's Expenses ~/")~,~¥, k/~r~~ __ Total Director's Meetings&Expenses vgned . Less any Advance Payments / Date of Board Approval TOTAL DUE DIRECTOR EAST VALLEY WATER DISTRICT DIRECTOR'S FEE AND EXPENSES REPORT DIRECTOR: DON GOODIN MONTH Februar,/-02 Meetings Claimed: Board Meetings (Dates) 12, 26 Conferences and Other Meetings Date: 6 Organization: CA Water History Location: CSUSB Date: 7 Organization: Mtg with Bob Location: Tartan Date: 13 Organization: Mtg with Negrete Location: Tartan Date: 15 Organization: WESTCAS Conf Call Location: District Date: 18 Organization: Special Districts Location: Rancho Cucamonga Date: 2O Organization: CA Water History Location: CSUSB Date: 22 Organization: ACWA Region 9 Location: Victor Yalley Water Dist Date: 27 Organization: CA Water History Location: CSUSB TOTAL MEETINGS 10 X$125.00= $ 1,250.00 Personal Auto Date: 22 Function: ACWA Region 9 80 X 36.5 $ 29.20 Date: Function: ~, Total $ 29.20 Lodging Date: Function: Date: Function: Total $ Meals (Receipts) Date: Function: Date: Function: Total $ Other Date: Function: Date: Function: Total $ Total Directors Expenses $ 29.20 Total Directors Fees (Meetings) $ 1.250.00 Less Advance Payments Signed .~f.~ ~ Z~ ~.~OTAL DUE DIRECTOR $ 1,279.20 V Approved Date of Board Meeting March 12, 2002 EAST VALLEY WATER DISTRICT DI~CTOR'S FEES AND EXPENSE DIRECTOR: sturgeon MONTH OF: February 2002 ' ~.etinqs Claimed · ,,~ard Meeting (Dates): 12th & 26th Conferences and Other Meetinqs Date: 5 Organization Robert & Glenn Location Brass Key Date: 20 Organization EAC Location Redlands EDD Date: 21 Organization WEF Location Sacramento Date: 26 Organization SB C of C Location Hilton Date: 27 & 28 Organization Spec. Dist. Inst. Location San Dd. ego Date: Organization Location TOTAL # OF MEETINGS 7 @125.00each $. 875.00 Personal Auto: Date: 02/27 Function Attended spec. Dist. Inst. Miles x per mile $ 42.96 Date: 02/28 Function Attended Spec. Dist. Inst. Miles x per mile $ 15 · 32 Conference Fees: TOTAL $ 58.28 ~'~'~6~i~:~:~:: (Receipts attached) ~ Date: 02/28/02 Function Attended Special District Institute $ 920.00 Date: 02/21/02Function Attended WEF in Sacramento $125.00 Air fare: TOTAL $ 1 , 045 . 00 ~: (Receipts attached) Date: °2/21/°2 Function Attended WEF .$ 184.50 Date: Function Attended $ 184.50 TOTAL $ Other: 10/02/02 Date: 05/22/02 Function Attended WEF Tours $ i ,100.00 Date: 02/21/02 Function Attended WEF $. 7.00 Date: 02/21/02 Function Attended WEF $ 56.62 TOTAL $1,163.62 SUMMARY: Total Director's Fees (Meetings) $ 875.00 Total Director's Expenses $ 2,451·40 Less any Advance Payments -- $ .__.',, ~_J~- ,...--~¢"-'~----'~ TOTAL DUE DIRECTOR $.3,326.40 Signed . EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AlqD EXPENSE REPORT DIRECTOR: SKIP WILSON MONTH OF: /:~ 2002 MEETINGS Board Meetings Other Meetings Date:~.r_~_organization ~qc~n C~,,){ Location~ Date: ;~/tq Organization r~o~0~ Location Date: Orgamzation noo~ c-m~t,,tl~,, Location Date: __Organization Location Date: .organ~?ation Location Date:_ .Organization Location Date: Organization Location TOTAL IV~.ETINGS .. g_._(~125 each $ PERS AUTO/TRANSPORTATION Date: Funotion $ Date: Function $ Total $ LODGING ~' Date:~../~ Function/Location dc~oA a)od, C~,~'~c~ $ Date: Function/Location $ MEALS Date: Function $ Date: Function .$. Total $ OTHER ~ ' ~ Total $ Total Dir~to~s Expenses $ Total.Director's Fees $ Less and Advance Payments $__ Approved Date of Board Meeting. $ ~ l ~, ~ 2- RESOLUTION 2002,08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT INCREASING THE EMERGENCY RESERVE ACCOUNT FOR THE EAST VALLEY WATER DISTRICT BE IT HEREBY RESOLVED by the Board of Directors of the East Valley Water District as follows: WHEREAS, the East Valley Water District has approved the retention of certain funds for the purpose of providing a safety margin for the East Valley Water District in the event of emergency needs; and WHEREAS, the Board of Directors of the East Valley Water District has established a separate reserve account which is dedicated to providing emergency funds as needed by the East Valley Water District. NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Valley Water District does hereby resolve, determine and order as follows: 1. The Treasurer of the East Valley Water District is hereby directed to deposit into the emergency reserve account an amount of $155,000.00 from funds earned during the 2001-02 fiscal year. This restricted account has been established for the purpose of providing readily available funds to the East Valley Water District in the event of emergency needs. 2. The Treasurer of the East Valley Water District shall, from time to time, deposit additional funds into the emergency reserve account as directed by the Board of Directors. 3. The funds deposited in this restricted reserve account shall remain in such account for the purpose of funding emergency needs of the East Valley Water District until, and unless, the Board of Directors deems otherwise. 4. This account shall be periodically audited and the amount and source of such funds deposited shall be periodically reported to the Board of Directors. The foregoing resolution was duly adopted at a meeting of the Board of directors of the East Valley Water District by motion made, duly seconded and carried unanimously on March 12, 2002. AYES: Directors NOES: ABSENT: EAST VALLEY WATER DISTRICT Donald D. Goodin, Board President Attest: Robert E. Martin, Board Secretary Memorandum 'to: Robert E. Martin, General Manager From: Ail Nan-Exempt District Employees date: February 1, 2002 Re: 4th of July Holiday The staff members who have signed below are respectively requesting your approval to use a vacation day on Friday, July 5, 2002, in order to close the District Offices and extend the 4th 0f d./u)y hol/i~ay to aA-day weekend for all of our employees. Allo, Bevede, H ,~..~,, ".~ Karper, Melissa Badow, Dale P King, Edward Batdo¢, EarlE Long Jr, Leon Bateman, Eilee~ L Michael Becerra, Richard R McGee, Steven ~rke, Kathleen Chip-Baxter, Maw E Neighbours, Charles ~~~ _ Davis, Daniel R Olive, Kenneth O ~ ~ , o,on. hom.., ' _ Die~, Daniel L. Dotson, Timothy *ames, .enw Farrington. Steven A Reardon, Micha~~~-- Fox, Jane Sturdivan, Gaw ~~ Henderson, Michael R / ,~~~* Ter., Norman E Hendricksen, Lois }~.t ~'f/~': rtz../" Williams, Allen ' Hemandez, Peter D < ~~~. Williams, Jenny Hu~,Gerald ~ ~~¢~~ Yo.ng, Gaw / / RELEASES OF LIEN FEBRUARY 15, 2002 - MARCH 5~ 2002 ACCOUNT RELEASE OWNERS PROPERTY AMOUNT NUMBER DATE NAME ADDRESS OWED '1. 002-0206-4 03/05/02 73.6,8 2. 035-0061-0 03105/02 145.14 3. 042-0180-9 03~05~02 14.8;9 4. 081-020'I-5 03~05~02 34.59 5. 082-0092-6 03/05/02 66.2!5 6. 091-2058-3 03/05/02 104.12 7. 101-0~104-2 03/05/02 447.76 8. 10t-0208-5+ 03/05/02 47.'110 ~ 9. 112-0299-7 03/05/02 19.93 10. 113-0245-5 03/05/02 79.,¢16 11. 136-0033-0 03/05/02 42.69 12. 144-1711-3 03/05/02 87.55 13. 144-t715-5 03/05/02 41.48 14. '154-0264-1 03/05/02 54.30 15. 154-0334-1 03/05/02 377.52 TOTAL ~ $1,636.96 +PAID THROUGH TAX ROLLS Page 1 of 1 You are cordially invited to attend the San Bernardino Area Chamber of Commerce "Business After Hours" hosted by The American Red Cross Inland Empire Chapter Thursday, March 21, 2002 5:00p. m. - 7:00p. m. Inland Empire Chapter Headquarters 202 FA. Rialto Avenue San Bernardino, CA. 92408 R.$.V.P. by March I4 Cover Charge- $5. O0 to (909) 885-7515 Bring a Friend! A~ociation of the San Bernardino County Special District~ Inland Emptre Utth?es Agency ~s hosting the Mar. ch mem.bership meeting and Annual Vendor Fair atr~ii~;~booththe ~a~tda The social hour and browsin be at 6 .m. 't' !!', :, il ]!i;i~}~g to order at 6:45 p.m. A sit-down family-s~*..'~hinese dinner will be served. · '" ... Menu: -.~aup: .- \Van Tan .'.)aup' ; "... '.' ~ t~urue: Par[e. La' ~ein. ~ran!e [Z[aV'ar, rl ~'hic¥.n.l.]aney ~ ~: ar[;c Ch:cken ~a ~t2e~J ~3. X/e et:ab e~ ~'cea~r,ec] or [:ried 12Joe. . '. ' ~ra~ram: E__a¢[: ~ar-~ciloal&tcj As..~aciaLe ~mber ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: RSVI' to :Patti Dickenson by March 90 -357-0 .4t ' ; ~ ~') I]o'4. 697 R-"lllcho (..llCaliiOilga~ Di,t;ieffAss;¢i,at, : ,,,, RE IND ere 3223 Centerlake Drive ~ Ontario, CA 4~ 10 Freeway to the Haven Avenue exit ~6 Turn south on Haven to Guasti Road ~ Turn west onto Guasfi Road :~ ~ Guasti Road imersects M~;'~rlake Drive ~d the ~anda ~ ~ o~U~ti z ~ ~2000 ~Que~t.mm, inc.; 02000 N~stbn ~echno~ ~ Presented by: ' ' :Association of California Water Agencies ~ST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR: / MONTfl OF ~.~ Me, tings Claimed Pe~onal Auto / Dat~: F~ction Attended ~ $ Dal¢: ~ _ Function Articled $ To~l $ ~gings: (R~ei~ts arched) Date:~ F~ti~ Attended $ , / Daf,: Function A~ended , ~te: Function Attended Iotal $ O~r: Date: Function Att~nd~ $. Dat~: Funo~on At~ended Dat~: Funztion Atmnded Total $ Total Dk~tor's Si~ . Approwd Dae of Boar~ Meeting