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HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 10/14/2003 East Valley Water District 1155 DEL ROSA AVENUE, SAN BEKNARDINO, CA REGULAR BOARD MEETING October 14, 2003 2:00 P.M. AGENDA "In order to comply with legal requirements for posting of agenda, only those items flied with the District Secretary by 10:00 a.m. on Wednesday 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 Approval of Board Meeting Minutes for September 23, 2003. 4. Approval of Special Meeting Minutes for September 30, 2003. ~m~r 5. Resolution 2003.39 -Notice of Completion for the Rehabilitation of District Well 132-2, located at 7479 San Francisco Street in the City of Highland. 6. Approval of Development Agreement between East Valley Water District and North American Residential Communities, Inc. for domestic water and sewer service to forty-seven (47) dwelling units which is identified as Tract No. 14757 and is located South of Highland Ave., West of Seville Ave. in the City of Highland. 7. Approval of Liens for Delinquent Water and Sewer Accounts. 8. Accounts Payable Disbursements: Accounts Payable Checks #194701 through #194921 were distributed September 19, 2003 through October 10, 2003 ha the amount of $1,168,869.81. Payroll Checl~ for period ended September 26, 2003 and October 10, 2003 and included checks and direct deposits in the amount of $90,252.89 and $83,064.13. Total Disbursements for the period were $173,317.02. OLD BUSINESS 9. Radon Rule Update (General Manager) 10. District Headquarters Site Update (General Manager) l il. Authorize one-month Easement Extension Agreement between East Valley Water District and the ~' Metropolitan Water District for pipeline/tunnel construction. NEW BUSINESS 12. Resolution 2003.41 - Authorizing Investment of Monies in the Local Agency Investment Fund. 13. Review and Approve entry permit to MWD to allow ingress and egress on property to conduct surface and subsurface operations and investigations for the construction, installation and maintenance of a water conveyance pipeline and appurtenant structures near Plant 59. 14. Directors' Fees and Expenses for September 2003. 15. Discussion and possible action regarding the District as host for an ASBCSD Meeting in 2004. 16. Review and approval of Agreement between East Valley Water District and Gary W. Miller, Architect & Associates, Inc. 1!7. Discussion and possible action regarding support from EVWD for SBPEA's Third Annual Benefit Golf Tournament on October 24, 2003. 18. Discussion and possible action regarding Audit Report for fiscal year ending June 30, 2003 and 2002. l 9. Consideration of travel expense request from General Manager for Westcas Washington DC meetings. REPORTS 20. October 6, 2003 - Releases of Lien for Delinquent Water and Sewer Accounts. 2].. General Manager's Report 22. Oral Comments from Board of Directors. MEETINGS 23. Special District Institute Seminar, Catamaran Resort, San Diego, CA., October 16-17, 2003 (Accompanying Workshops offered Oct. 15tt, and Oct. lgth). 24. ASBCSD Membership Meeting, hosted by Lake Arrowhead Community Services District at the Lake Arrowhead Resort, October 20, 2003. 25. American Water Resources Association's 2003 Annual Water Resources Conference, Hilton San Diego Resort on Mission Bay, November 3-6, 2003. 2t5. Legislative Breakfast featuring Supervisor Dennis Hansberger, hosted by San Bemardino Area Chamber of Commerce, Castaway Restaurant, November 7, 2003. 27. California Water Policy Conference "Juggling Our Water Future" presented by Public Officials for Water and Environmental Reform, Wilshire Grand Hotel, Los Angeles, November 19-20, 2003. ~,,~_D JOUI:~,~' 2 DRAFT SUBJECT TO APPROVAL EAST VALLEY WATER DISTRICT SEPTEMBER 23, 2003 REGULAR BOARD MEETIDIG MINUTES The meeting was called to order at 2:00 p.m. by Vice President Wilson. Director Negrete led the flag salute. PRESENT: Directors: Sturgeon, Negrete, Wilson ABSENT: Directors: Lightfoot, Goodin STAFF: Paul Dolter, District Engineer; Brian Tompkins, Chief Financial Officer; Mary Wallace, Administrative Assistant LEGAL COUNSEL: None GUEST(s): None APPROVAL OF AGENDA M/S/C (Sturgeon-Negrete) that the September 23, 2003 Agenda be approved as submitted. PUBLIC PARTICn~ATION Vice President Wilson declared the public participation section of the meeting open at 2:02 p.m. There being no written or verbal comments, the public participation section was closed. APPROVAL OF SEPTEMBER 9, 2003 BOARD MEETING MINUTES. M/S/C (Negrete-Sturgeon) that the September 9, 2003 Board Meeting Minutes be approved as submitted. APPROVAL OF SEPTEMBER 17, 2003 SPECIAL MEETING MINUTES {BOARD WORKSHOP). Minutes: 09/23/03 M/S/C (Negrete-Sturgeon) that the September 17, 2003 Special Meeting Minutes (Board Workshop) be approved as submitted. APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS. The Administrative Assistant stated that the charges identified by Account Numbers: 0170200-00, 0360110-03. 0730014-01, 1320105-03, and 1520181-02 had been paid and should be removed from the lien list. M/$/C (Negrete-Sturgeon) that the liens for delinquent water and sewer accounts be approved for processing with the exceptions as noted by the Administrative Assistant. REVIEW AND ACCEPT FINANCIAL STATEMENTS FOR PERIOD ENDED AUGUST 31, 2003. M/S/C (Negrete-Sturgeon) that the Financial Statements for period ended August 31, 2003 be accepted as submitted. DISBURSEMENTS M/S/C (Negrete-Sturgeon) that General Fund Disbursements #194552 through 194700 distributed during the period of September 4, 2003 through September 17, 2003 in the amount of $268,065.95 and Payroll Fund Disbursements for the period ended September 12, 2003 in the amount of $87,461.80 totaling $335,527.75 be approved. RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER ACCOUNTS. List of liens released on September 10 & 15, 2003 was reviewed. Information only. ORAL COMMENTS FROM BOARD OF DIRECTORS Director Wilson presented a notice which stated that the Administrator of the EPA is directed to report to the Congress on the pending radon in drinking water regulations and evaluate options to implement a single drinking water standard for radon; stated that he had concerns about the proposed Perchlorate role. Information only. There being no further verbal or written comments from the Directors, this section of the meeting was closed. CORRESPONDENCE FROM THE "COMMITTEE TO ELECT GREG ZIOTNICK ACWA VICE PRESIDENT 2004-2005" PROVIDING INFORMATION AND REQUESTING SUPPORT OF MR. ZIOTNICK'S ELECTION TO THE VICE-PRESIDENCY. Information only. 2 Minutes: 09/23/03 CORRESPONDENCE TO KEN CALVERT IN SUPPORT OF HIS EFFORTS TO AUTI:IORIZE THE CALFED BAY-DELTA PROGRAM THROUGtt HR2828. Information only. "BusINESS AFTER HOURS" I:[OSTED BY PItARAOI~S LOST KINGDOM, 1101 N. CALIFORNIA ST., REDLANDS, CA., SEPTEMBER 25, 2003. Information only. "FALL BUSINESS LECTURE & LUNCHEON" SPONSORED BY UNIVERSITY OF LA VERNE CORPORATE ASSOCIATES, SltrI*~RATON SUITES FAIRPLEX, POMONA, CA., NOVEMBER 4, 2003. Information only. "CLIMATE CHANGE AND CALIFORNIA WATER RESOURCES" SPONSORED BY WATER EDUCATION FOUNDATION, SACRAMENTO CONVENTION CENTER, NOVEMBER 6, 2003. Information only. ADJOURN The meeting was adjourned at 2:15 p.m. until the Special Board Meeting at 9:30 a.m. on September 30, 2003. George E. Wilson, Vice President Robert E. Martin, Secretary 3 Minutes: 09~23~03 DRAFT SUBJECT TO APPROVAL EAST VALLEY WATER DISTRICT SPECIAL MEETING SEPTEMBER 30, 2003 MINUTES The Special Meeting was called to order at 9:30 a.m. by President Goodin, Director Wilson led the flag salute. ROLL CALL PRESENT: Directors: Goodin, Lightfoot, Sturgeon, Wilson ABSENT: Director: Negrete STAFF: Robert Martin, General Manager; Brian Tompkins, Chief Financial Officer; Ron Buchwald, Assistant District Engineer; Eileen Tafolla-Bateman, Administrative Secretary LEGAL COUNSEL: Steve Kennedy GUEST(s): Keith Moreland, Caldweil & Moreland PUBLIC PARTICIPATION President Goodin declared the public participation section of the meeting open at 9:35 a.m. There being no written or verbal comments, the public participation section was closed. RENEWAL OF COMMERCIAL INSURANCE PACKAGE FOR THE EAST VALLEY WATER DISTRICT M/S/C (Sturgeon-Wilson) that the District renew the commercial insurance package, as presented, for the East Valley Water District. DIRECTOR STURGEON LEFT THE MEETING AT 10:02 A.M. DIRECTOR STURGEON RETURNED TO THE MEETING AT 10:03 A.M. SPECIAL MEETING MINUTES: September 30, 2003 CONSIDERATION AND REVIEW OF PENDING PERCHLORATE RULE The General Manager stated that there could be a regulation on perchlorate levels in drinking water by January 2004 and that the District would need to be prepared to meet this new standard. The General Manager will seek proposals for treatment and prepare a briefing statement to share concerns with ACWA and various members of the legislature regarding the perchlorate issue. President Goodin stated that he would like to work on legislative relief, obtain involvement with ACWA and also get data regarding the cost for treatment of perchlorate to help the District in meeting the perchlorate standards. The meeting was adjourned at 10:44 a.m. until the next regularly scheduled Board Meeting on October 14, 2003. Donald D. Goodin, President Robert E. Martin, Secretary SPECIAL MEETING MINUTES: September 30, 2003 EXHIBIT "A" RESOLUTION 2003.39_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT NOTICE OF COMPLETION BE IT HEREBY RESOLVED, by the Board of Directors of the East Valley Water District, as follows: WHEREAS, based upon the certificate of completion executed by the District for rehabilitation of Well 132-2 located at 7479 San Francisco Street in the City of Highland. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby determine that said contract is completed and the President and Secretary are hereby authorized to execute a Notice of Completion on behalf of the District, and the Secretary is hereby authorized and directed to record said Notice of Completion in the office of the County Recorder, 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 upon motion duly made, seconded and carried on October 14, 2003. Ayes: Noes: Absent: EAST VALLEY WATER DISTRICT Donald D. Goodin, Board President Attest: Robert E. Martin, Board Secretary (Seal) W2258 jw 09/19103 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Name Sast Valley Water Disbict Sb-eet 1155 Del Rosa Avenue Cify & San Bemardi~lo, CA 92410 Attention: Jenny Wlffiarns SPACE ABOVE THIS LINE FOP. RECORDER'S USE NOTICE OF COMPLETION i'~otJce pursuant to Civil Code Section 3093, must be fi[ed within 10 days after completion. (See reverse side for Complete rex~uimments.) Not~ca is hereby given that: The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of ~e owner is East Valley Water DLstflct The fu~l address of the owner is PO Box 3427 San Bemardino, CA 92413 4, The nafum of the interest or estate of the owner Is, in fee. NONE (If other than fee, strike 'In fee' a~ld Inse~ for example, 'purchaser under contract of purchase, "or lessee'~ 9, The full names and full addresses of all persons, if any, who hold Iffie with the undersigned as joint tenants or as tenants NAME ADDRESS East Valley Water Dis~Ict, a County Water District 6. A work of improvement on the proper[./hereinafter described was completed on August 1, 2003. The work done was: See Exhibit 'A' 7. The name of the contractor, if any, for such work of improvement was SoCal Pump & Well 3/17~03 8, The proper~y on which said work of Improvement was completed is in the city of High[and 9 The stmetaddress of said property is 7479 San Francisco Sffeat (If no street address has been d~9~ult~ assigned, Insert, 'no~e".) Date: October 14, 2003 Donald D. Goodin, Board President VERIFICATION Robert E. Martin, Secretary DEVELOPMENT AGREEMENT THIS AGREEMENT is made this 18 day of September, 2003, by and between EAST VALLEY WATER DISTRICT, a public agency (hereinafter "the DISTRICT"), and NORTH AMERICAN RESIDENTIAL COMMUNITIES, liNC. (hereinafter "the DEVELOPER"). RECITALS A. The DISTRICT is a County Water District organized and operating pursuant to California Water Code Section 30000 et seq. B. The DEVELOPER proposes to subdivide and develop certain real property within the boundaries of the DISTRICT which is located south of Highland Avenue, west of Seville Avenue (APN 1200-101-01, in the City of Highland, County of San Bemardino, State of California, and is generally identified as Tract No. 14757 (hereinafter "the PROPERTY"). A copy of the Tentative Tract Map for the PROPERTY is attached hereto as Exhibit "A" and is incorporated herein by this reference. C. The development of the PROPERTY will consist of 47 dwelling units, and the DEVELOPER desires that the DISTRICT provide domestic water and sewer service to the PROPERTY. The DEVELOPER intends to design and construct the facilities necessary for water and sewer service to be furnished to the PROPERTY. D. The DISTRICT supplies domestic water and sewer service within the area to be served and is the public agency empowered by law to provide such services to the PROPERTY. E. The purpose of this AGREEMENT is to provide the terms and conditions under which the DEVELOPER will design and construct the facilities necessary for the DISTRICT to supply water and sewer service to the PROPERTY (hereinafter "the PROJECT"). COVENANTS NOW THEREFORE, in consideration of the preceding Recitals and the mutual Covenants conta[ned herein, the parties hereto agree as follows: Section 1. DESIGN OF FACILITIES. The DEVELOPER agrees to design the water and sewer facilities for the PROPERTY in the following manner and according to the Rules and Regulations of the DISTRICT: a. The DISTRICT agrees to provide to the DEVELOPER tentative water and sewer plans which conform to the requirements of the DISTRICT. b. The DEVELOPER agrees to design the water and sewer facilities for the PROPERTY in accordance with the DISTRICT's Standards for Design and Processing of Water and Sewer Plans and the tentative plans provided by the DISTRICT. The designs shall be submitted to the DISTRICT in a complete form which shall provide sufficient information for review and approval by the DISTRICT in the exercise of its sole discretion. c. The DISTRICT may request certain changes in the plans to provide for oversizing of facilities, which DEVELOPER agrees to incorporate into ~, the plans and specifications for the PROPERTY. d. The DEVELOPER shall furnish the DISTRICT with any and all easements necessary for the construction, operation, maintenance, and repair of any and all water and/or sewer facilities to be installed and/or used for the PROJECT. All easements shall be submitted to the DISTRICT for review and approval by the DISTRICT in the exercise of its sole discretion prior to the DISTRICT's acceptance of any dedication of the PRO3ECT facilities under Section 6 of this AGREEIVIENT. e. The DEVELOPER shall submit all plans, drawings, specifications, and contract documents, for all work to be performed pursuant to this AGREEMENT, to the DISTRICT for review and approval, if acceptable to the DISTRICT. The DISTRICT agrees to review all such documents in a timely manner and, upon inclusion of all changes thereto requested by the DISTRICT in a ~ manner satisfactory to the DISTRICT, the DISTRICT will provide the DEVELOPER with authorization to proceed. The DEVELOPER shall not proceed with the construction of the PROJECT and any other water or sewer facilities for use on the PROPERTY until the DISTRICT so authorizes. Section 2. CONSTKUCTION OF FACILITIES. The DEVELOPEK agrees to construct the PKOSECT and all other water and sewer facilities necessary for the PROPERTY in the following manner subject to the DISTRICT's approval: a. The DEVELOPER shall obtain all necessary permits from the City of Highland and all other public or private agencies required for the construction thereof. The PROJECT and the facilities appurtenant thereto shall be constructed at a location determined by the DISTRICT, and shall be relocated by the DISTRICT at the DEVELOPER's sole expense if such relocation is deemed necessary by the DISTRICT in its sole discretion. The DEVELOPER hereby grants the DISTRICT full access to the PROPEKTY and all other locations where ~, the work contemplated herein is to be performed. b. All facilities constructed pursuant to this AGREEMENT shall be in accordance with accepted standards and practices in the industry and in compliance with all local, state, and federal laws, rules, and regulations. The DEVELOPEK shall be responsible for providing all labor, materials, and equipment necessary to perform the work for the PROJECT, and such work shall be performed in a timely and workmanlike manner by a party or entity acceptable to the DISTRICT. Ail such facilities shall conform to the DISTKICT's Standard Specifications for the Furnishing of Materials and the Construction of Water and Sewer Pipelines. Ail costs and liabilities in connection with the design and construction of the PROJECT shall be borne solely by the DEVELOPEK. c. The DISTRICT shall inspect and approve all work to be performed under this AGREEMENT. However, any approval by the DISTRICT of such ~ work, or of the designs, specifications, reports, and/or materials furnished hereunder, is understood to be conceptual approval only and will not operate to relieve the DEVELOPER or its contractors, consultants, or subcontractors of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or their own willful misconduct. Further, neither the DISTRICT's review, approval, or acceptance of any of the work or services performed in connection with this AGREEMENT shall be construed as a waiver of any rights hereunder or of any defense or cause of action which the DISTRICT may have arising out of the performance of this AGREEMENT or any previous or subsequent agreements. The DEVELOPER shall cause the facilities constructed under this AGREEMENT to be inspected as required by any and all other public or private agencies. Section 3. DEVELOPER'S COSTS. In addition to all other obligations imposed upon the DEVELOPER under this AGREEMENT, the DEVELOPER shall be responsible for the payment of all of the following: a. The DEVELOPER shall pay to the DISTRICT all, or any portion, of the connection fees for the PROPERTY at the time of application for water and sewer service therefor. The DISTRICT will provide water and sewer service only to those specific subdivision lots within the PROPERTY for which payment in full has been made to the DISTRICT. b. The DEVELOPER shall be solely responsible for the payment of all costs, fees, and expenses associated with the construction, inspection, operation, maintenance, repair, and relocation of the PROJECT, including all costs, fees, and expenses incurred for the environmental analysis, engineering, and design of the PROJECT. c. The DEVELOPER shall comply with all rules, regulations, resolutions, and ordinances of the DISTRICT that are currently in place or may hereafter be adopted, and shall pay when due any and all fees, deposits, charges, rotes, fines, penalties, taxes, and/or assessments that may be levied by the DISTRICT. d. The DEVELOPER hereby consents, and waives any objection, to the exercise of any and all collection remedies that are available to the DISTRICT under the law upon the PROPERTY and/or the person and/or property of DEVELOPER and its shareholders and partners. Section 4. SECURITY. a. The DEVELOPER shall provide performance, completion, and/or payment bonds for the PROJECT in the minimum mount of not less than 100 percent of the estimated construction costs containing covenants which are acceptable to the DISTRICT and the City of Highland. b. The DEVELOPER shall provide a maintenance bond for the PROJECT in the amount of 100 percent of the construction cost, which shall contain covenants which are satisfactory to the DISTRICT. Such bond shall remain in force for at least twelve (12) months from the date of acceptance by the DISTRICT of the dedication of said facilities. c. The DEVELOPER shall also procure and maintain during the performance of this AGREEMENT such policies of insurance, bonds fi:om an acceptable surety, cash deposits, escrow accounts, letters of credit, and other forms of security, in amounts and upon terms deemed sufficient by the DISTRICT in its sole discretion to protect the DISTRICT from any and all exposure to loss and/or liability. Section 5. COSTS FOR OVERSIZING. Pursuant to Section 1.c. of this AGREEMENT, the DISTRICT agrees to pay to the DEVELOPER the incremental cost of oversizing any PROJECT facilities greater than twelve inches (12") in diameter for water distribution pipelines and ten inches (10") in diameter for sewage collection pipes. THe DISTRICT shall determine the amount of the incremental cost of oversizing and the method of payment in the exercise of its sole discretion prior to its acceptance of the PKOJECT facilities. Section 6. DEDICATION OF FACILITIES. a. The DEVELOPEi~ shall, upon completion of the construction of all facilities to be installed hereunder to the satisfaction of the DISTRICT, dedicate said facilities to the DISTRICT by a deed of dedication or such other instrument as the DISTRICT may prescribe, and the DISTRICT agrees to accept the dedication thereof by formal action of its Board of Directors. Thereafter, such dedicated facilities shall become and be operated and maintained by the DISTRICT as par~ of the DISTRICT's water and sewer system. The DISTRICT shall not accept dedication of said water or sewer facilities until ail connection fees have been paid unless otherwise allowed under Section 3.a. herein. b. The DEVELOPEK hereby grants the DISTRICT full access to the PROPERTY for the purpose of instailing, operating, inspecting, maintaining, and repairing all meters, valves, and other appurtenances necessary for the DISTRICT to record, regulate, and control the mount of water pumped therefi:om. Section 7. SERVICE RESTRICTIONS. Any obligation on the part of the DISTRICT to supply water to the PROPERTY pursuant to the terms of this AGREEMENT shall be excused in the event that the performance thereof is interrupted for any of the following reasons: riots, wars, sabotage, civil disturbances, insurrection, explosion, court order, natural disasters such as floods, earthquakes, landslides, and fires, and other labor disturbances and other catastrophic events which are beyond the reasonable control of the DISTRICT. Notwithstanding any other provision to the contrary, the DISTRICT may suspend or refuse water service to the PROPERTY if the DEVELOPER is in breach, default, or violation of this AGREEMENT or any rule, relgulation, resolution, and/or ordinance of the DISTRICT that is currently in place or may hereafter be adopted, or if such service would adversely affect the health, safety, or welfare of the DISTRICT's customers, or for any other reason deemed paramount by the DISTRICT in its sole discretion. ..... Section 8. -NO REPRESENTATIONS..WARRANTIES, OR CLAIM OF WATER RIGHTS. The DISTRICT makes no express or implied representations or warranties concerning the quality, pressure, or temperature of any water delivered pursuant to the terms of this AGREEMENT, or the manner in which the water is provided, or its fitness for any particular purpose, and the DISTRICT shall not be held liable for any losses incurred or damages sustained as a direct or indirect result thereof, nor shall the DISTRICT be held liable for any losses incurred or damages sustained after the water furnished hereunder is transferred to the PROJECT facilities. Any water conveyed by the DISTRICT under this AGREEMENT shall not serve as the basis of, or otherwise support, any water rights claim that may be asserted by the DEVELOPER. Section 9. LIABILITY FOR DAMAGES. The DISTRICT 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 the DEVELOPER and/or its officers, directors,-shareholders, guests, invitees, trespassers, agents, contractors, consultants, and employees, or for property damage, from any cause arising out of or in any way related to the PROPERTY, the PROJECT, and/or the DEVELOPER's obligations hereunder. Section 10. RELEASE. The DEVELOPER hereby expressly waives and releases the DISTRICT and its agents, officers, directors, and employees from any and all liability for the claims, actions, and/or losses set forth in Section 9 above and for any costs and expenses incurred in connection therewith. The DEVELOPER, notwithstanding the provisions of Caiifomia Civil Code § 1542, which provides as follows: "A general release does not extend to claims which the creditor did not know or suspect to exist in his or her favor at the time of the executed release which if known by him or her must have materially affected his or her settlement with the debtor." 7 expressly waives and relinquishes all rights and benefits afforded to the DEVELOPER thereunder and under any and all similar laws of any state or territory of the United States with respect to-the claims, actions, and/or losses referenced above.-This~AGREEMENT_ shall act~as.a release of any claims that may arise from the aforementioned whether such claims are currently known or unknown. The DEVELOPER understands and acknowledges the significance and consequences such specific waiver of Civil Code § 1542 and hereby assumes full responsibility for any injuries, damages, losses, or liability that may result from the claims identified above. This AGREEMENT shall also act as a release of any claims, actions, and/or losses set forth in Section 9 above, that may arise in the future whether such claims are currently foreseen or unforeseen. Section 11. HOLD HARMLESS. Excepting the sole or active negligence or willful misconduct of the DISTRICT, the DEVELOPER shall indemnify and hold the DISTRICT and its officers, directors, agents, and employees harmless from and aga'mst 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 the DEVELOPER and/or its officers, directors, shareholders, partners, assignees, guests, invitees, trespassers, agents, contractors, consultants, and employees in connection with the PROPERTY, the PROJECT, and the performance of their obligations under this AGREEMENT, including design defects, even if occurring ailer the completion of the PROJECT, and defend the DISTRICT and its officers, directors, agents, and employees fi.om any suits or actions at law or in equity for damages, and pay all court costs and counsel fees in connection therewith. In addition, the DEVELOPER agrees to defend, indemnify, and hold the DISTRICT harmless from and against all claims, losses, liabilities, damages, demands, actions, judgments, causes of action, assessments, penalties, costs, expenses (includ'mg, 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 the DISTRICT and/or the DEVELOPER with regard to the PROPERTY and/or the PROJECT which are alleged and/or detenn'med to be tortious, and/or in violation of present and future federal, state, and local laws (whether under common law, statute, rule, regulation, or othen~ise), including, but not limited to, the California Environmental Quality Act, Public Resources Code Section 21000 et seq~,-and the Guidelines adopted thereunder,£alifomia Code of Regulations Section 15000 et seq., all as the same maybe.amended from tune to time. Section 12. NOTICES. Any notice, tender, or delivery to be g/yen 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 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 the DISTRICT: East Valley Water District P.O. Box 3427 1155 Del Kosa Avenue San Bemardino, CA 92413 Attn: General Manager If to the DEVELOPER: North American Residential communities, Inc. 326 W. Arrow Hwy. San Dimas, CA 91773 Attn: Stan Stringfellow Section 13. 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 14. 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 thercqn shall be entitled to recover all attorneys fees and other costs actually incurred in connection with reaching a resolution of the dispute whether or not an action, claim, ..... or tawsuit-is-filed~In any actionbrought, the entitlemen~ to reeover attemeys fees and-costs--will be considered an element of costs and not of damages. Section 15. ]INUREMENT. This AGREEMENT and all provisions hereof shall be jointly and severally binding upon, and inure to the benefit of, the parties hereto, their respective heirs, successors, legal representatives, and assigns, and each of the shareholders and partners of the DEVELOPER in their individual, separate, and/or other capacities. Section 16. ASSIGNMENT. This AGREEMENT may not be assigned to any individual or entity without the written consent of the parties hereto. Section 17. INTEGRATION 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 18. 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 19. 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 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 Califomia that would generally have in rem jurisdiction over the PROPERTY. IO Section 20. SEVERABIL1TY. If any portion of this AGREEMENT is declared by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of this AGREEMENT shall continue in full-force and effect. Section 21. TIME OF THE ESSENCE. Time is of the essence in this AGREEMENT, and the parties hereto agree to proceed in good faith, with due diligence, to complete all covenants and conditions set forth herein and to perform such further acts as is reasonably necessary to effectuate the purpose of this AGREEMENT. Section 22. AUTHORITY. Each individual executing this AGREEMENT on behalf of a party hereto represents and warrants that he or she is fully and duly authorized and empowered to so execute on behalf of such party, and that this AGREEMENT is binffmg in the manner set forth in Section 15 hereof. 11 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT executed by their respective officers as of the date first above written. DISTRICT By: East Valley Water District President, Board of Directors ATTEST: By: Robert E. Martin Secretay, Board of Directors ~ %Sm S~w,President) A~EST: 12 ' "';' '~ .... pKOPERTY] " ' i "' [Tentative T~ct Map for the '~ ..... " ': ' ' '" ~' : ~:i~!~',', .,....~. ,.,. ~. -~ ..;:....., .~ ~.,~ .... .~. 7~ ~ ~' ~~' ~,....:..., ,.... .. ~ " .... "" ..',:". : .' . · , ,'. ~ { . : ,. , ~ ,.;': , , . · _ . ,~ ~ · . -~, ~,.: : ~'~.:~ '. K. ' .'~?'; ~.; ~,. " .,:...::..: · · ..,. ~ '. ,.. ...... HIGHLAND 0 LINE ~ 5'1 PAGE 5 1. &, A3 * Aq CERTIFICATE OF LIEN OCTOBER 14,2003 ACCOUNT, OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 0010091-02* $56.54 2. 0010248-01' $48.53 3. 0220010-01' $38.47 4. 0330007-01 ~ $88.20 5, 0730095-11' $70.69 6. 0010001-02' ~ $31.25 7. 0840330-06* $24,78 8. 0930225-05' $113.43 9. 1140047-05+ $516.25 10, 1140054-04* $22.91 11. 1221027-03 $75.55 12. 1420221-02* $42.82 13. 1610205-02 $59.71 14, 1610205-02* $47.24 15. 1623396-01 $88.22 TOTAL $1,324.5g * STILL OWNS PROPERTY ~/I + MULTIPLE UNITS Page 1 of 1 East Va ° ey Water District Board Memorandum Date: OCT. 14, 2003 From: Brian W. Tompkins / Chief F~ Officer Subject: Disbursements. Recommendation: Approve the attached list of accounts payable checks and payroll issued during the period September 19, 2003 through October 10, 2003. Background: Accounts payable checks are shown on the attached listing and include numbers 194701 to 194921 for A total of $1,168,869.81. The source of funds for this amount is as follows: COP Construction Funds Funds depleted EPA Grant Funds Unrestricted Funds $1,168,869.81 Payroll disbursed was for the period ended September 28, 2003 and October 10, 2003 included checks and direct deposits, Totaling $90,252.89 and $83,064.13, Grand total $173,317.02. Fiscal Impact: Total disbursements- $1,342,186.83 INFED 1-29-102TEA 1 APN 1201-171-01 Easement Extension A~reement INFEDl-29-102TEAI Inland Feeder Pipeline Proiect APN 1201-171-01 This Easement Extension Agreement dated as of September 30, 2003 is by and between EAST VALLEY WATER DISTRICT ("Grantor" in the attached Easement Deed) and the METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a municipal corporation ("Grantee" in the attached Easement Deed) RECITALS. This Agreement is entered into with reference to the following: A. Grantor granted to Grantee a Temporary Easement Deed, a copy of which is attached hereto and made a part hereof by reference. B. The Term of the attached Temporary Easement expires October 1, 2003. C. Grantor and Grantee have agreed to extend the term of the Temporary Easement. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Grantor and Grantee agree as follows: 1. Term. The term of the attached easement shall be extended and shall expire November 1, 2003 2. Compensation. Upon execution of this agreement by both Grantor and Grantee, Grantee shall send Grantor a check in the mount of $324 (three hundred twenty-four dollars) as full compensation for the additional term. 3. Except for the extension of the term, all other terms and conditions of the attached Temporary Easement and the attached Agreement of Purchase and Sale and Joint Escrow Instructions Dated 2/26/2002 shall remain in full force and effect. INFED1-29-102TEA1 APN 1201-171-01 4. In order to Process payments to Grantor, Grantee requires the Tax ~'" Identification number of each Person or entity to whom a check will be issued. Please indicate the Tax I D number next to each party signing this agreement as Grantor. 5. This may be executed in counterparts which together shall constitute the complete document. (Grantor) EAST VALLEY WATER DISTRICT 135' ~f/~ ~/~y By (Orantee) THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Ronald R. Gastelum Chief Executive Officer By Roy L. Wolfe Manager, Corporate Resources S: wordshaAronmac~agr~m~nts~91F102TEAl ~x GHiC/r, GO ~i'rLE COMPAv~ ~ .,co,,., in Olflclal co..ty of sa. Iler.ardlno 4/30/2002 ~ 8:00 AM Recorded at the Request of LARRY WALKER ss Auditor/C(~ntroller- Recorder ' THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA 629 Chicago Title When Recorded Mail to Doc//: 2002- 0218868 Titles: 1 Pages: 6 Post Office Box 54153 Los Angeles, CA 90054 Attention: Asset Management DOCUMENTARY TRANSFER TAX $ NONE (Exempt--Section 11922, California Revenue and Taxation Code) EASEMENT DEED Tempora~ Easement for pipeline/tunnel construction MWD Parcel INFED1-29-102TEA1 APN 1201-171-01 EAST VALLEY WATER DISTRICT, Who acquired title as East San Bemardino County Water District, a Corporation (Grantor), hereby grants to THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation (Grontee), an exclusive Temporary Easement to use the property in the City of Highland, County of San Bernardino, State of California, described in Exhibit A, and shown on Exhibit B, both attached hereto and by this reference made a part hereof, for the construction of a capital improvement project by the Grantee on land other than such described property. Reasonable access to Grantor's property across this Temporary Easement shall be maintained by Grantee at all times during the term of this Easement. Such right shall be exercised for a period of twenty-one months commencing on January 1, 2002 and terminating October 1, 2003. \ ~ ~', I emporary easement ~.~ -z- ~ ~ " MWD Parcel No. INF. ED1-29-102TEA1 -... APN 1291-171-01 "... At the expiration of the Temporary Easement, Grantee shall restore such property to a condition as near as practicable to the condition that existed immediately prior to Grantee's operations. Grantee shall not be required to restore vegetation to the pre-existing condition, but shall establish vegetation for erosion control on the property at the termination of this Temporary Easement in accordance with the Environmental Impact Report and Grantee's specifications. Dated: ~ - ~ [. '~h. EAST,VALLEY WATER DISTRICT Its Board President Its Board Secretary Seller s:\wordshar~ronmac\docs ~29IF102TEA1 STATE OF CALIFORNIA ) ) COLINTY OF ~S~ ~;ke e,~ ertl: ~-O ) On ~"eh~,~.~ ~l., g.-(~.~, before me, the undersigned, a Notary Public in and for said State, personally appeared p~omlly ~om to me (or proved to me on ~e b~is of safisfa~ou evidence) to ~ ~e per~n(s) whose nme(s) iff~ ~bscfibed to ~e ~Ihin ~ent ~d ac~owledged to m* ~a h~sh~ executed ~e smo ~ ~e~u~o~ed eapaoi~(ies), ~d ~at by ~s~er/~ignam(s) on ~e in~nt ~e pemon(s), or ~e ~tiW ~on ~h~f of 'w~ch ~e person(s) acted, excreted ~e ~ent. WITNESS my hand and official real. cou . 2o o Z~7 NOTARY ~'LIC · CALIFORNIA ~ ~' SAN BER~NO COUN~ / ~ ~~ ~ aa. 2~3 EX'HIB ~ A ]~NFED 1-29-102TEA 1 (Temporary Easement) East Valley Water Diswict, a Corporation That certain p~rcel of land in the north half of the southwest quarter of the southwest quarter of the northwest quarter of S?ction 3, Township 1 South, Range 3 West, San Bemazdino Meridian, 'in the City of High~anck County of San Bemardino, State of California, conveyed to East San Bemardino COunty Water District as Parcel 2 by Director's Deed recorded April 23, 1965, in Book 6377, page 475 of Official Records of said County. EXCEPTING therefrom that portion lying southwesterly of a line parallel with and distant I00.00 feet southwesterly of, as measured at right angles to, the southwesterly right of way line of Boulder Avenue (State Highway 30), as conveyed to the State of California by Grant Deed recorded June 23, 1948, in Book 2250, page 231, of Official Records of said County. All as shown on Exhibit "B" attached hereto and made a part hereof. END OF DESCRIPTION PREPARED UNDER MY SUPERVISION R.~.LS:¥d~'nte~udbclqcgaB2~lO2ttal.doc September 17, 2001 ' Page 1 of 1 ~ '. . * ' · '? EXHIBIT B , Page 1 of 1 '1 " POR. N1/2 SW1/4 SWl/4 NWl/4 SEC. 3, T1 S, R3 W,'S.B.M., CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA THIS EXHIBIT IS TO BE ATTACHED TO THE LEGAL DESCRIPTION PARCEL 2 0 6377/475 O.R. REC. 4-23.1965 LOT 15 LOT 14 ' A TRACT No. 2387 ~' /% M.B. 34/13 LOT 13 No SCALE EUCALYPTUS AVE. LEGEND~ INFED1-29-102TEA1 (0.349 AC.) VICINITY MAP SITE~ ;uC~LYP?US AVE. PREPARED UNDER . ~ MY SUPERVISION ~ cc THE METROPOLITAN WATER DISTRICT ~ OF SOUTHERN CALIFORNIA '~o~ =~ INLAND FEEDER TEMPORARY EASEMENT  O. WISEMAN ~.LS. 6241 EASTVALLEYWATER DISTRICT,  No sc~[z DATE INFED1.29-102TEA1 /svrrw/infand/row/exhib/29/lO2tea 1.clgn 09/17/2001 R.B./B.G./A.L CERTIFICATE OF ACCEPTANCE This is to certify that the interest i~ real property conveyed by this deed dated ~-.,~,.,,..~ ~g~ ~.oo~. from EAST VALLEY WATER DISTRICT, a corporation to THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporatmn, is hereby accepted by the undersigned officer on behalf of the Board of Directors of said District pursuant to authority confers, ed by Administrativ]e Code Section' 8201 of said District adopted on January 4, 1993, and the Grantee consents to re6ordation thereof by its duly authorized officer pursuant to Administrative Code Section 8221(g) adopted on December 8, 1992. Ronald R. Gastelum Chief Executive Officer ~By Roy Manager, Corporate Resources 'AGREEMENT.OF PUKCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS MWD r o.rNFEp!, -! 02TE :I 560 E. Hospitality Lane San Bemardino, CA 92408 Attention Kathy Benson Escrow Officer ! ' This Agreement is made as of~-~-~ ~.~ ~¥~'~ ~ ~C~ ~,, between EAST VALLEY WATER DISTRICT (Seller), and THE METROPOLITAN WATER DISTRICT OF SOUTHERN CAL1FOP~, a public corporation (Buyer). In consideration of the mutual covenants herein contained, it is agreed as follows: 1. Seller shall sell, and Buyer shall buy, aTemporary Easement in land in the County of San Bemardino, State of California, which interest is hereinafter referred to as "Property,~' and is described in Exhibit A and shown on Exhibit B, attached hereto and incorporated herein by reference. Said exhibits are contained in the attached granting instrument(s) (Exhibit C) of said' interest(s) to be executed p~trsuant to paragraph 3 herein for $6,800, which shall be paid by Buyer to Seller at the close of escrow referred to hereinbelow. 2. The sale shall be completed through an escrow to be opened at Chicago Title, 560 East Hospitality Lane, San Bernardino, California 92408, Attention: Kathy Benson. Such escrow shall be 60 days, and shall include the following terms in addition to those set forth hereinabove: a. Buyer shall pay all escrow fees, 'rifle insurance charges, and other costs related to this transaction. b. Possession of Property shall be given to Buyer upon close of escrow. c. Upon close of escrow, title to the Temporary Easement described hereinabove shall vest in Buyer subject to those title matters that have not been objected to by Buyer in writing. Such vesting shall be insured by a standard policy of title insurance in thc amount of the purchase price herein. d. Buyer may request that any liens evidencing monetary encumbrances (other than liens for nondelinquent property taxes) be subordinated to Buyer's interest. If Seller refuses to subordinate said eneumberances to Buyer's interest, or does not concur vdth any objections raised by Buyer pursuant to Section 2.e. above, this escrow shall Agreement -2- (Easement) ' MWD Parcel No. INFED1-29-102TEA1 APN 1201-171-01 terminate forthwith without any liability on the part of the Seller or its agents, directors, employees, or representatives. e. No escrow instructions other than those contained herein shall be required.. 3. Seller shall execute the deed(s) necessary to effectuate this Agreement concurrently with the execution of this Agreement, which documents, after acceptance by Buyer 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 sale of Property in accordance with the terms thereof. 4.' Seller shall, at the time of execution of this Agreement, duly execute a Certificate of Non-Foreign Status (Seller's Certificate), in the form attached hereto as Exhibit D. 5. Exhibits A and B attached hereto are exhibits to this Agreement as well as to the deed attached as Exhibit C. At the expiration of the Temporary Easement, Buyer shall cause the property to be restored to a condition that is as near as practicable to the condition that existed immediately prior to Buyer's possession thereof. ~ll~[~ Buyer is self-insured fo? all third-party liability exposure in the amount of $25 million and maintains commercial excess insurance in the mount of $75 million and as such fully assumes all risk of loss, which in any manner may arise during the existence of the temporary easement and/or Buyer's use of the Property. Further, Buyer shall indemnify and defend Seller, its successors and assigns, from and against any liability and expenses, includhig the reasonable expense of legal representation, resulting from injury to or death of any person, or damage to any property, including property of Seller, its successors and assigns, except to the extent that such injury, death, or d~.mage is caused by the sole negligence or willful misconduct of Seller, its successor's and assigns, arising out of the use of the Temporary Easement. 6. Time is of the essence of this Agreement. / / / / / / / / / / Agreement : -3 - (Easement) '" MWD Parcel No. INFED 1-29- i 02TEA1 Sellers Mailing Address: EAST VALLEY WATER DISTRICT Post Office Box 3427 Its Board President /By f~ Robert E. Martin Its Board Secretary Seller Buyer's Mailing Address: THE METROPOLITAN WATER DISTRICT ,.~ OF SOUTHERN CALIFORNIA Post Office Box 54153 ~,. Los Angeles, California Ronald R. Gastelum 90054-0153 Chief Executive Officer f Asset Management Attention Ron Ma'culans Peter J. Carpenter Manager, Asset Management Buyer s:\wordshaAronmac\agreements~2~l~102TEA 1 Attachments EXHIBIT A INFBD 1-29-102TEA 1 (Temporary Easement) East Valley Water District, a Corporation That certain parcel of land in the north half of the southwest quarter of the southwest quarter of the northwest quarter of Section 3, Township 1 South, Range 3 West, San Bemardino Meridian, in the City of Highiand, County of San Bemardino, State of California, conveyed to East San Bemardino County Water District as Parcel 2 by Director's Deed recorded April 23, 1965, in Book 6377, page 475 of Official Records of said County. EXCEPTING therefrom that portion lying southwesterly of a line parallel with and distant 100.00 feet southwesterly of, as measured at fight angles to, the southwesterly right of way line of Boulder Avenue (State Highway 30), as conveyed to the State bf California by Grant Deed recorded June 23, 1948, in Book 2250, page 231, of Official Records of said County. All as shown on Exhibit "B" attached hereto and made a part hereo~. ~" I END OF DESCRIPTION pREPARED UNDER MY SUPERVISION R23.~:\priva~k'udbcNcgah29~102teal.doc Sepi~mber 17. 2001 ' Page 1 of I EXHIBIT B P~ge I of 1 POR. N1~2' SW. 1/,4 SWl/4 NWl~4 SEC. 3, T 1 S, R 3 W, S.B.M., CiTY OF HIGHLAND, 'COUNTY OF SAN BERNARDINO~ STATE OF CALIFORNIA THIS EXHIB'IT IS TO BE ATTACHED TO THE LEGAL'DESCRIPTION PARCEL 2 6377/4'75 O.R. REC. 4-23-1965 LOT 15 LOT 14 TRACT No. 2387 ~.~,~3 ~' /% M.B. 34/13 LOT 13 NO SCALE EUCALYPTUS AVE. LEGEND__\ *..~//~.. TEMPORARY EASEMENT INFED1.29-lO2TEA1 VICINITY MAP SITE~ EuCALYpTUS AVE. PREPARED UNDER ,~ ~ THE METROPOLITAN WATER DISTRICT ~. ~ OF SOUTHERN CALIFORNIA TEMPORARY' EASEMENT STH ST. ~ 4. ~.~ G. WISEM/ AN P.L.S. 62~1 EAST VALLEY WATER DISTRICT~ NO $CAL~ DATE v' / MWD IF INFED1.2~-102TEA1 /$vrrv//i~land/row/exhib129/102teal.dgn 09/1712001 R.B./I~.G. IA.I. Recorded at the Request of THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA When Recorded Mail to THE METROPOLITAN WATER DISTKICT OF SOUTHERN CALIFORNIA Post Office Box 54153 Los Angeles, CA 90054 Attention: Asset Management DOCUMENTARY TR_ANSFEK TAX $ NONE (Exempt--Section 11922, California Revenue and Taxation Code) EASEMENT DEED ' Temporary Easement for pipeline/tunnel construction MWD Parcel IN'FED 1 ~29-102TEA1 APN 1201-171-01 EAST VALLEY WATER DISTRICT, ' Who acquired title as East San Barnardino County Water District, a Corporation (Grantor), hereby grants to THE METROPOLITAN WATER DISTRICT OF SOUTHEP~'q CALIFOP~NIA, a public corporation (Grantee), an exclusive Temporary Easement to use the property in the City of Highland, County of San Bernardino, Stale of California, described in Exhibit A, and shown on Exhibit B, both attached hereto and by this reference made a part hereof, for the construction of a capital improvement project by the Grantee on land other than such described property. Reasonable access to Grantor's property across this Temporary Easement shall be maintained by Grantee at all times during the term of this Easement. Such right shall be exercised for a period of twenty-one months commencing on January 1, 2002 and terminating October 1, 2003. \ £×X B!T C ~ ~ ': Temporary Easement Dell · ' MWD P~eel No. INFED1-29-102TEA1 ~ APN 1291~171-01 At the expiration of the Temporary Easement, Grantee shall restore such property ' to a condition as near as practicable to the condition that existed immediately'prior to Grantee's operations, Grantee shall not be required to restore vegetation to the pre-existing condition, but shall establish vegetation for erosion control on the property atXh~cermination of~this-T~emporary Easement in accordance with the Environmental Impact Report and Grantee's specifications. Dated: '~. ~h ~. EAST VALLEY WATER DISTRICT By Donald ~D, Goodin Its Board President , Its Board Secretary Seller s:\wordsharh'onmackdocs ~2911~ 102TEA 1 STATE OF CALIFORNIA ) ) COUN OF ,) On~'e)o.,~.l 9~L. ~Ot~'~ before me, the undersigned, aNotary Public in and for said State, personally appeared personally known to me (or proved to me on thc basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within inslaxnnent and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),.and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~ COMM. ~ SAN BERNAROINO COUNTY Commission Exptrsa Msrch 26, 2003 ~ This is to certify that the interest in real property conveyed by this deed dated from EAST VALLEY WATER DISTRICT (Grantor), to THE METROPOLITAN WATER DISTRICT OF 8OUTHERN CALIFORNIA (Grantee), a public corporation, is hereby accepted by the undersigned officer on behalf of the Board of Directors of said District pursuant to authority conferred by Administrative Code Section 8201 of said District adopted on January 4, 1993, and the Grantee consents to recordation thereof by its duly authorized officer pursuant to Administrative Code Section 8221(g) adopted on DeCe~aber 8, 1992. Dated: THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Ronald R. Gastelum Chief Executive Officer By Roy L. Wolfe Manager, Corporate Resources Date s:\wordsharXronmac\certificX29 IF 102TEA 1 B . ' .~ EXHIBIT D CERTIFICATE OF NON-FOREIGN STATUS (SEI J.~R'S CERTIFICATE) Section 1445 of the Internal Revenue Code provides that a transferee (Buyer) of a United States (U.S.) real property interest must withhold tax if'the transferor (Seller) is a foreign' person, To inform the Buyer that withholding of tax is not required upon my disposition of a U.S. real property interest, I;EastValleyWatarDistri~.6eller, hereby certify the following: 1. I am not a nonresident alien, foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income tax Regulations) for purposes of U.S. income taxation; 2. My U.S. taxpayer identifying number (Social Security Number) is ;and TAX ID #956005364 3. My homc address is: 1155 Del Rosa Ave., San Bernard±no, CA 92410 I understand that this certification may be disclosed to the Internal Revenue Service by the Buyer, Buyer's agent or designee, and that any false statement I have made here could be punished by fine, imprisonment, or both. I, the undersigned, declare under penalty of perjury that I have examined this certification and to the best of my knowledge and, belief it is true, correct, and complete. Executed this 26th dayof February. ,at 1155 Del Rosa Ave., San Bernardino,CA. EAST VALLEY WATER DISTRICT Robert E. Martin, XBoard Secretary Eamt VMley Water District (print seller's name) s:\wordshar~ronmac\cer tific~29IF 102TEA 1A RESOLUTION 2003.41 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND BE IT HEREBY RESOLVED by the Board of Directors of the East Valley Water District, as follows: WHEREAS, Pursuant to Chapter 730 of the statutes of 1976 Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the Board of Directors does hereby find that the deposit and withdrawal of money in the Local Agency investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein as in the best interests of the East Valley Water District. NOW THEREFORE, BE IT RESOLVED, that the Board of Directors does hereby authorize the deposit and withdrawal of East Valley Water District monies in the Local Agency investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein, and verification by the State Treasurer's Office of all banking information provided in that regard. BE IT FURTHER RESOLVED, that the following East Valley Water District officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Locai Agency Investment Fund: Robert E. Martin Brian W. Tompkins Mary E. Wallace ~' (NAME) (NAME) (NAME) Board Secretary Treasurer Administrative Assistant ,~/, ~/~ --, (TITLE, s, (TITLE) (SIGNATURE) ~SIC_.,~TU RE) -- The foregoing resolution was duly adopted at a meeting of the Board of Directors of the East Valley Water District, upon motion duly made, seconded and carried on October 14, 2003. AYES: Directors NOES: ABSENT: EAST VALLEY WATER DISTRICT Donald D. Goodin, Board President Attest: Robert E. Martin Board Secretary :war MWD METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Executive Office CERTIFIED MAIL OEP 2 3 200.'3 MWD Parcel Nos. INFED1-30-118, and 122 APNS 155-361-07, and 23 Mr. Panl Dolter District Engineer East Valley Water District 1155 De La Rosa P. O. Box 3427 San Bemardino, CA 92413 Dem' Mr. Dolter: Request for Entry Permit The Metropolitan Water District of Southern California (Metropolitan), a public corporation, is constructing a 42-mile-long pipeline and tunnel system, tentatively designated as the la~land Feeder (Project). This Project is designed to enhance water quality by blending waters fi'om the Colorado River and the State Water Project and to bring snpplemental water supplies to Riverside, San Bemardino, San Diego, Orange, and Los Angeles counties. The ptupose of this Permit is to allow ingress and egress on the Property to conduct surface and subsm'face operations and investigations for the construction, installation and maintenance of a water conveyance pipeline and appurtenant structures. Please sign the enclosed entry permit and return in the stmnped self-addressed envelope within two weeks of receipt of this letter. If you need additional information, please call me at (213) 217-7681. Ve~f~a',uly yours, Ronald O. Maculans Senior Real Estate Representative RGM:bb s:\wordshar\ronmac\letter\lNFED 1-30-118, and 122.doc 700 N. Alameda Street, Los Angeles, California 90012 ,, Mailing Address: Box 54153, Los Angeles, California 90054-0153 · Telephone (213) 217-6000 ENTRY PERMIT Inland Feeder Pipeline MWD Nos. INFED1-30-118 and 122 APNS 155-361~07 and 23 PERMISSION TO ENTER PROPERTY The undersigned Owner (Permitter) of the property (Property) shown on Exhibit B, attached hereto, grants permission to THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA and its agents, employees, or invitees (Permittee) to enter upon the Property or portion of the Property, for purpose and on the terms set forth below. PURPOSE The purpose of this Permit is to allow for the construction, installation and maintenance of a water conveyance pipeline and appurtenant structures within the Property and to allow ingress and egress on the Property to conduct surface and subsurface operations (which may include trenching and boring) and investigations relative to land surveying, appraisal, engineering reconnaissance, archaeological resources, biological resources, environmental, geotechnical, hazardous material, and groundwater. TERMS AND CONDITIONS 1. The term shall be commence upon date of Permitter's signing and shall expire December 31, 2010. 2. Penuitter shall provide the names, addresses, and telephone numbers of all parties with a possessory interest in the Property on the spaces adjacent to the signature block. 3. Permittee shall make every effort to minimize interference with the existing use of Permitter's Property. 4. Permittee is a local government entity created under the laws of the State of California, and is self-insured for $25 million against any third party liability loss and maintains $75 million of commercial liability insurance in excess of the self-insurance retention. Permittee shall maintain its self-insurance program in full force during the term of this Permit. 5. Permittee's use of the Property shall at all times be subject to Permitter's fight to use the Property for the purposes for which it was acquired and for which it is currently used. MWD No. INFED1-30-118 and 122 APN 155-361-07 and 23 Page 2 6. Permittee, or its designated representative, shall notify Permitter of Property no less than two days in advance of initial entry and state the type and estimated duration of the investigation to be performed. 7. Permittee shall, prior to termination of this Permit or completion of its operations, restore the Property to a condition as near as reasonably possible to that which existed prior to Permittee's occupancy. 8. Permittee shall indemnify Permitter against all claims arising from the exercise of the rights granted under tiffs Permit, except claims arising from the negligent or intentional acts or omissions of Permitter. 9. This Permit may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. 10. This Permit contains no Exhibit A. / / / / / / / / / / / / / / / / / / / / MWD No. INFED1-30-118 and 122 APN 155-361-07 and 23 Page 3 Date: PERMITTER Owner's Mailing Address: EAST VALLEY WATER DISTRICT 1155 De La Rosa Post Office Box 3427 San Bemardino, CA 92413 By: Telephone: (Home) Donald D. Good±n Telephone: (909) 889-9501 (Work) Its: Board President By: Robert E. Martin Its:Board Secretary Dated: PERMITTEE Permittee's Mailing Address: THE METROPOLITAN WATER DISTRICT Post Office Box 54153 OF SOUTHERN CALIFORNIA Los Angeles, CA 90054 Telephone (213) 217-7681 Ronald R. Gastelum Mr. Ronald Maculans Chief Executive Officer By: Roy L. Wolfe Manager, Corporate Resources ROM:aj s:\wordsharXronma&EP INFEDI-30-118, 119, and 122 EXHIBIT B Page 1 o! 1 POR. NE1/4 OF SEC. lg, T. 1 N., FI. 3 W., S.B.M., COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA -- DOC. NO. 86-308755 O.R. REC. 10/21/86 PARCEL 2 G.D. 6454/916 O.R. REC, 08/17/65 LEGEND: INFED 1-30-118 VICINITY MAP ASPEN DR. ~ r-' -- -- -- SITE--~.~ ~AN MANUEq ~ ~ I INDIAN ] .~0~//'~ hESERVATIOI~ THE METROPOLITAN WATER DISTRICT ~,,~,~ L _ -- _ --~ N OF SOUTHERN CALIFORNIA ~ INLAND FEEDER ENTRY PERMIT  ~ (SAND CANYON MITIGATION PIPELINE) ~ ~ EAST VALLEY WATER D/STRICT NO SCALE TO NO SCALE MWD INFED1-30-118 inland/row/entper/301118, dgn 08-13-2003 BG/A.L. EXHIBIT B Page I of 1 POR. NEll4 OF SEC. 19, T. 1 N., R. 3 W., S.B.M., COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA f PARCEL 2 (, 0.R. 6454/916 ~ REC. 08/17/65 LEGEND: INFED 1-30~ 122 VICINITY MAP ASPEN DR.~ I "i SITE~ MN MANUEI.~ I INDIAN I .~00~~ ~IESERVATIOI~ THE METROPOLITAN WATER DISTRICT I .... ..J ~[ OF SOUTHERN CALIFORNIA INLAND FEEDER ~'~ I ~ ENTRY PERMIT ¢3 '~ (SAND CANYON MITIGATION PIPELINE) '~ /'~ EAST SAN BERNARDINO COUNTY WATER D/STRICT ~1~1 ~ NO SCALE NO SCALE TO MWD I~ INFED1-30-122 /svrrw/intond/row/entper/50/122.dgn 08-13-2003 BG/A.L. ENTRY PERMIT Inland Feeder Pipeline MWD Nos. INFED1-30-118 and 122 APNS 155-361-07 and 23 PERMISSION TO ENTER PROPERTY The undersigned Owner (Permitter) of the property (Property) shown on Exhibit B, attached hereto, grants permission to THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA and its agents, employees, or invitees (Permittee) to enter upon the Property or portion of the Property, for purpose and on the terms set forth below. PURPOSE The purpose of this Permit is to allow for the construction, installation and maintenance of a water conveyance pipeline and appurtenant structures within the Property and to allow ingress and egress on the Property to conduct surface and subsurface operations (which may include trenching and boring) and investigations relative to land surveying, appraisal, engineering reconnaissance, archaeological resources, biological resources, environmental, geotechnical, hazardous material, and groundwater. TERMS AND CONDITIONS 1. The term shall be commence upon date of Permitter's signing and shall expire December 31, 2010. 2. Permitter shall provide the names, addresses, and telephone numbers of all parties with a possessory interest in the Property on the spaces adjacent to the signature block. 3. Permittee shall make every effort to minimize interference with the existing use of Permitter's Property. 4. Permittee is a local government entity created under the laws of the State of California, and is self-insured for $25 million against any third party liability loss and maintains $75 million of commemial liability insurance in excess of the self-insurance retention. Permittee shall maintain its self-insurance program in full force during the term of this Permit. 5. Permittee's use of the Property shall at all times be subject to Permitter's right to use the Property for the purposes for which it was acquired and for which it is currently used. MWD No. INFED1-30-118 and 122 APN 155-361-07 and 23 Page 2 6. Pennittee, or its designated representative, shall notify Permitter of Property no less than two days in advance of initial entry and state the type and estimated duration of the investigation to be performed. 7. Permittee shall, prior to termination of this Permit or completion of its operations, restore the Property to a condition as near as reasonably possible to that which existed prior to Permittee's occupancy. 8. Permittee shall indemnify Permitter against all claims arising from the exercise of the rights granted under this Permit, except claims arising from the negligent or intentional acts or omissions of Permitter. 9. This Permit may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. 10. This Permit contains no Exhibit A. / / / / / / / / / / / / / / / / / / / / MWD No. INFED1-30-118 and 122 APN 155-361-07 and 23 Page 3 Date: PERMITTER Owner's Mailing Address: EAST VALLEY WATER DISTRICT 1155 De La Rosa Post Office Box 3427 San Bemardino, CA 92413 By: Telephone: (Home) Telephone: (909) 889-9501 (Work) Its: By: Its: Dated: PERMITTEE Permittee's Mailing Address: THE METROPOLITAN WATER DISTRICT Post Office Box 54153 OF SOUTHERN CALIFORNIA Los Angeles, CA 90054 Telephone (213) 217-7681 Ronald R. Gastelum Mr. Ronald Maculans Chief Executive Officer By: Roy L. Wolfe Manager, Corporate Resources RGMmj s:\wordshar~ronmac~EP 1NFED1-30-118, 119, and 122 EXHIBIT B Page POR. NE1/40FSEC. 19, T. 1 N., R. 3 W., S.B.M., COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA -- DOC. NO. 86-308755 O.R. REC. 10/21/86 PARCEL 2 G.D. 6454/916 O.R. REC. 08117/65 LEGEND: VICINITY MAP ASPEN DR.( I-' SITEd ~ANMANUEq I INDIAN I ,,vO~ ~ESERVATIOI~ THE METROPOLITAN WATER DISTRICT o..~.~...~ L _ _ _ ._J N OF SOUTHERN CALIFORNIA · INLAND FEEDER ENTRY PERMIT  ~ (SAND CANYON MITIGATION PIPELINE) ~ /'~ EAST VALLEY WA TER DISTRICT ~ NO SCALE TO · NO SCALE MWD INFED1-30*178 inlandlrow/entper/30/118, dgn 08.13.2003 BG/A.L. EXHIBIT B Page POR. NE1/40FSEC. 19, T. 1 N., R. 3 W., S.B.M., COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA LEGEND: INFED1-30-122 VICINITY MAP ASPEN ~. < r -- - - ~ ~AN MANU~q SITE., DRT,.~--q I INDIAN I /.~,~ hESERVATIOI~ THE METROPOLITAN WATER DISTRICT L _ - - .~ N OF SOUTHERN CAUFORNIA -~/<,~_~.,v,~.~v~,,~,. ~ INLAND FEEDER ~' ~ · -P~ ENTRY PERMIT Q~ t ~ (SAND CANYON MITIGATION PIPELINE) · [ /% EAST SAN BERNARDINO COUNTY WATER DISTRICT TO - NO SCALE NO SCALE MWO INFED1-30-122 /svrrw/inlend/row/entper/30/122.dgn 08-13-2005 BG/A.L. PROPERTY ACCESS AND RELEASE AGREEMENT by and between the METROPOLITA~ ~ATER DIST.~ZCT OF SOUTHEP. N iCA_LIFORNIA, a public corporation (hereinafter ,,Metropolitan"), and EAST VALLEY WATER DISTRICT, a public agency (hereinafter "the District" RECITALS A. Metropolitan is a metropolitan water district organized and existing under the Metropolitan Water District Act of the State of California (Statutes 1969, Chapter 209, as amended) for the purposes of developing, storing, and distributing water for domestic and municipal uses. B. The District is a county water district organized and operating pursuant to California Water Code section 30000 et seq. C. The District is the owner of approximately 2.72 acres of real property located in the City of San Bernardino, County of San Bernardino, State of California, which is more particularly described in Exhibit A attached hereto and incorporated herein by this reference ("hereinafter "the Property"). D. Metropolitan wishes to obtain access to the Property from the District for the purpose of constructing a water conveyance facility known as the Sand Canyon Pipeline which shall consist of approximately 6,000 linear feet of pipeline, a pumping station, and appurtenant facilities (hereinafter "the Project"). The details of the Project were documented in the Inland Feeder Project Final Environmental Impact Report and Environmental Assessment certified and approved by Metropolitan's Board of Directors in February of 1993 hereinafter "the EIR/EA"). E. The purpose of this Agreement is to set forth the terms and conditions under which the District will cooperate in Metropolitan's construction and operation of the Project. COVENANTS NOW THEREFORE, in consideration of the preceding Recitals and the mutual Covenants contained herein, the parties hereto agree as follows: Section 1. PREMISES The District shall provide Metropolitan with reasonable access to the Property as is necessary for the construction, operation, and maintenance of the Project in the limited manner as strictly provided herein. Metropolitan has inspected the Property and agrees that the acreage stated herein is only approximate and the District does not hereby warrant or guarantee the actual amount of acreage stated in this Agreement. Section 2. USE OF PREMISES Metropolitan's.use of the Property shall be strictly limited to those actions necessary for the construction, operation, and maintenance of the Project in accordance with the EIR/EA and the terms of this Agreement. Metropolitan agrees not to use or permit the use of the Property for any purpose not specifically authorized in the EIR/EA or otherwise allowed in this Agreement and any amendments thereto without first obtaining prior written consent from the District. Metropolitan also agrees to exercise due diligence in the protection of the Property from damage, or destruction by fire, vandalism, earthquake, floods, or other cause. Section 3. IMPROVEMENTS (a) Construction. Metropolitan shall be responsible for the construction, installation, maintenance, and repair of any and all facilities necessary for the Project. The Project shall be operated in a manner acceptable to the District and constructed at a location on the Property approved by the District and in compliance with all applicable laws, rules, regulations, statutes, and requirements of the District and any other entity with jurisdiction over the activities conducted thereon. All costs and liabilities in connection therewith shall b~ borne solely by Metropolitan. (b) Labor and Materials. Metropolitan shall be responsible for providing all labor, materials, and equipment necessary to perform the work for the Project, and such work shall ~ be performed in a timely and workmanlike manner so as to cause as minimal interruption as possible in the use and service of the District's facilities. Metropolitan shall obtain any and all permits and/or authorizations that may be required for the Project. (c) InsDection. The District shall review and approve all plans, drawings, specifications, and contract documents for all work to be performed on the Property under this Agreement prior to the commencement thereof. All such work shall be performed by a party or entity acceptable to the District. The District shall inspect and approve all work to be performed on the Property under this Agreement. However, any approval by the District of such work, or of the designs, specifications, reports, and/or materials 3 furnished hereunder, is understood to be conceptual approval only and will not operate to relieve Metropolitan or its contractors, consultants, or subcontractors of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or their own willful misconduct. Further, neither the District's review, approval, or acceptance of any of the work or services performed in connection with this Agreement shall be construed as a waiver of any rights hereunder or of any defense or cause of action which it may have arising out of the ~erformance of this Agreement or any previous or subsequent agreements. (d) Relocation. If the District or any other duly- empowered entity determines that the improvements constructed by Metropolitan, or any part thereof, require repair, replacement, protection, removal, and/or relocation, such action shall be performed by Metropolitan, at its sole expense, and in the manner required by the District, approved by the District, and subject to the protections otherwise afforded to the District under this Agreement. (e) Restoration. At the end of the Term as defined in Section 16 of this Agreement, Metropolitan shall remove all equipment, facilities, and improvements it has caused to be placed on the Property, and shall restore the Property to its condition prior to the date of this Agreement, free and clear of any and all liens and/or claims. 4 Section 4. NO WASTE, NUISANCE, OR UNLAWFUL USE Metropolitan shall not commit, or allow to be committed, on the Property any waste thereon, nor the presence, use, manufacture, handling, generation, storage, treatment, discharge, release, burial, or disposal of any hazardous substance which is or becomes listed, regulated, or addressed under any federal, state, or local statute, law, ordinance, resolution, code, rule, regulation, order or decree, nor create or allow any nuisance to exist on the Property, nor use or allow the Property to be used for any unlawful or unconstitutional purpose. Metropolitan, at its sole cost and expense, shall be solely responsible for ensuring that the Property, and Metropolitan's use and occupancy thereof, complies with all of the requirements of all local, state, and federal authorities now in force, or which may be in force, including but not limited to those identified in Section 14 of this Agreement. ' Section 5. METROPOLITAN'S FINANCIAL RESPONSIBILITIES In addition to all other obligations imposed upon Metropolitan under this Agreement, Metropolitan shall be responsible for payment of all of the following: (a) Base Fee. Metropolitan shall pay a monthly fee of $500.00 on the first day of every month during the Term, as defined in Section 16 of this Agreement, which payment shall be deemed delinquent on the fifteenth day of each month. (b) Service Connection. Metropolitan shall pay to the District a service connection fee of $79,260 on or before September 1, 1998. ~ (c) Water Rates. Metropolitan shall pay the District for the cost of all water used in connection with the Project at the rate of $0.80/100 cubic feet. (d) Proiect Costs. Metropolitan shall be solely responsible for the payment of all costs, fees, and expenses associated with the construction, inspection, operation, maintenance, repair, and relocation of the Project, including all costs, fees, and expenses incurred for the environmental analysis, engineering, and design of the Project. (e) Charges. Metropolitan shall comply with all rules, regulations, resolutions, and ordinances of the District that are currently in place or may hereafter be adopted, and shall pay when due any and all fees, deposits, charges, rates, fines, penalties, taxes, and/or assessments that may be levied by the District. Section 6. REPAIRS AND MAINTENANCE Metropolitan, at its own expense, shall have full and sole responsibility for..all maintenance and repair of the Project facilities, and shall maintain, preserve, remediate, and keep the Property in good repair, working order, and lawful condition, and shall from time to time make all repairs, replacements, and improvements necessary to keep the Property in such condition. Section 7'. FEES, TAXES, CHARGES, AND ASSESSMENTS Metropolitan shall install on the Property current meters to measure the amount of gas, electricity, water, phone, or other utility service consumed by Metropolitan, and the cost of such metering and the installation, maintenance, and repair thereof shall be paid for by Metropolitan. Metropolitan shall also pay when due all gas, water, steam, electricity, heat, power, telephone, refuse, and other charges incurred in the operation and maintenance of the Project and the use, occupancy, abatement, and upkeep of the Property. Metropolitan shall also pay when due all property and excise taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Property or any part thereof, and all special assessments and charges lawfully made by any governmental body for any improvements on the Property. Section 8. LIENS Metropolitan shall not, directly or indirectly, create, incur, assume, or suffer to exist any mortgage, pledge, lien, charge, citation, abatement order, encumbrance, or claim on or with respect to the Property, other than the respective rights of the District and Metropolitan as provided in this Agreement and any amendments thereto. Metropolitan shall promptly, at its own expense, take such action as may be necessary to immediately discharge or remove any such mortgage, pledge, lien, charge, citation, order, encumbrance, or claim as the same shall arise at any time. Metropolitan shall reimburse the District for any expense incurred by the District to discharge or remove any such mortgage, pledge, lien, charge, citation, order, encumbrance, or claim. Section 9. OTHER PROPERTY INTERESTS Metropolitan's rights under this Agreement are subject to all applicable easements, licenses, rights of way, and mineral rights 7 currently in existence. Metropolitan shall not interfere, in any way, with the interests of any person or entity that may presently hold any easemenz, license, right of way, or cil, gas, or other mineral i~terest, upon, across, above, or under the Property; nor shall Metropolitan interfere, in any way, with the rights of ingress and egress of such interest holders. The District further reserves the right to grant additional easements, licenses, and/or rights of way to other parties as may be deemed necessary by the District in its sole discretion. Any easements, licenses, permits, approvals, or rights of way required by Metropolitan for its use of the Property shall be obtained by Metropolitan at its sole cost and expense. Section 10. NON-DISCRIMINATION Metropolitan shall not permit any practice of discrimination '~' against, or segregation of, any person or group of persons on account of sex, race, color, creed, marital status, age, sex, religion, handicap, .national origin, or ancestry in its ownership, employment, selection of contractors, subcontractors, and vendees, or in the use of the Property. Section 11. NO REPRESENTATIONS OR WARRANTIES It is expressly understood by the parties hereto that the physical condition of the Property as of the effective date of this Agreement is such that the use thereof is provided to Metropolitan as-is without any representation or warranty. The District makes no express or implied representations or warranties concerning the Property or its fitness for any particular purpose. Metropolitan shall bear the costs .of any action necessary to place the Property in a condition that meets the requirements of law or that is otherwise suitable for the use contemplated herein. The District shall not be held liable to Metropolitan or to any other party for any losses incurred or damages sustained as a direct or indirect result of the condition of the Property or any use or failure thereof. Section 12. LIABILITY FOR DAMAGES The District shall not be held liable or responsible for any debts or claims that may arise from th~ 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 Metropolitan's obligations hereunder or its use or occupancy of the Property, including those arising out of damages or losses occurring on areas adjacent to the Property. Section 13. RELEASE (a) Unknown Claims. Metropolitan hereby expressly waives and releases the District and its agents, officers, directors, and employees from any and all liability for the claims, actions, and/or losses set forth in Section 12 above and for any costs and expenses incurred in connection therewith. Metropolitan, notwithstanding the provisions of California Civil Code § 1542, which provides as follows: /// "A general release does not extend to claims which the creditor did not know or suspect to exist in his or her favor at the time of the executed release which if known by him or her must have materially affected his or her scttlament with the debtor." expressly waives and relinquishes all rights and benefits afforded to Metropolitan thereunder and under any and all similar laws of any state or territory of the United States with respect to the claims, actions, and/or losses referenced above. This Agreement shall act as a release of any claims that may arise from the aforementioned whether such claims are currently known or unknown, Metropolitan understands and acknowledges the significance and consequences such specific waiver of Civil Code § 1542 and hereby assumes full responsibility for any injuries, damages, losses, or liability they may result from the claims identified above. (b) Future Claims. This Ag: any claims, actions, and/or release of 12 above that may arise in the futur currently foreseen or unforeseen. Section 14. HOLD HARMLESS Excepting the sole or active negli~ of the District, Metropolitan agrees to indemnify and bold the District 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 performance of their obligations 10 under this Agreement or their use and/or occupancy of the Property, and defend the District and its 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 the District and its officers, 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 the District and/or Metropolitan, with regard to the condition of the Property or the activities conducted thereon, which are alleged and/or determined to be ~ortious 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 Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. §§ 96601 through 9657, inclusive; Transportation of ~azardous Materials and Wastes (H~4TA), 49 UoS.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 (HWCA), 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.$, inclusive; all as the same may be amended from time to time. Section 15. INSURANCE '~ (a) Coverage. .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 the Property 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. Metropolitan shall maintain this self-insurance program in full force and effect during the Term as defined in Section 16 of this Agreement. (b) Policy Recuirements. The District shall not be liable or responsible for the payment of any premiums or assessments for the insurance coverage required under this Agreement. Insurers shall have at least an Al5 policyholder's rating in accordance with the current Best's Kev Ratin~ Guide or equivalent. In addition, any and all insurers must be authorized to conduct business in the State of California, as evidenced.by a 12 listing in the official publication of the Department of Insurance of the State of California. Certificates of insurance and endorsements, acceptable to the District and verifying the insurance coverage required by this Agreement, shall be filed with the District on or before July 1, 1998. The District reserves the right to require complete and accurate copies of all insurance policies required under this Agreement. The such policies shall include as additional named insureds: the District, its Board of Directors, officers, employees, representatives, and agents when acting in their capacity as such in conjunction with the performance of this Agreement. These policies shall be primary insurance as to the District so that any other coverage held by the District shall not contribute to any loss under Metropolitan's insurance, and shall contain language to the effect that the insurer waives the right of subrogation against the District and any of its directors, officers, employees, representatives, and agents. Each insurgnce policy shall also specifically identify this Agreement and contain a clause which provides that the policy may not be canceled or changed without first giving thirty (30) days advance written notice to the District. In the event any policy of insurance expires at any time during the term of this Agreement and any extension thereof, Metropolitan shall provide the District with a new certificate of insurance at least thirty (30) days prior to said expiration date evidencing coverage as required herein for a period of time not less than one (1) year. Failure on the part of Metropolitan to keep in effect at all times the 13 · nsurance coverage required by this Agreement shall constitute a material breach of this Agreement such that the District may terminate its obligations thereunder or, in its sole discretion, the District may instruct Metropolitan to immediately suspend all activities on the Property until Metropolitan achieves full compliance with its obligations hereunder. Section 16. TERM (a) Firm Term. Unless earlier terminated pursuant to the terms of this Agreement, the term of the Project and Metropolitan's use of the Property as provided herein shall be for a period of five (5) years, commencing on July 1, 1998, and expiring on June 30, 2003 ("the Term"). (b) ~oldin~ Over. Any holding over after the expiration or termination of the Term shall otherwise be on the same terms and conditions set forth in this Agreement. If a holdover occurs, Metropolitan shall continue to remit to zhe District on a timely basis all fees set f.orth in Section 5 of this Agreement. Section 17. SUSPENSION AND TERMINATION (a) Force Maieure. Any obligation on the part of Metropolitan and the District to perform any of their respective obligations hereunder shall be excused in the event that such performance is interrupted for any of the following reasons: riots, wars, sabotage, civil disturbances, insurrection, explosion, court order, natural disasters such as floods, earthquakes, landslides, and fires, and other labor disturbances and other catastrophic events which are beyond their reasonable control. (b) District Discretion. Metropolitan agrees that the health, safety, and welfare of the District's customers .is paramount and supersede Metropolitan's use of the Property as contemplated herein, and that the Project shall be only entitled to water that is in excess of the needs of the local community. Therefore, notwithstanding any provision herein to the contrary, the District may terminate or suspend its obligations under this Agreement or any extension thereof, without penalty of any kind and without dispute or objection by Metropolitan, if Metropolitan fails to timely remit all costs, fees, expenses, deposits, charges, rates, fines, penalties, taxes, and/or assessments levied by the District, or otherwise fails to adequately comply with any of the terms and conditions set forth in this Agreement, or if the District determines in its sole discretion that the termination or suspension of its obligations hereunder is in the best interests of the District. (c) Metropolitan Discretion. Metropolitan may terminate this Agreement only upon compliance with the following conditions: (1) Furnishing the District with written notice thereof at least sixty (60) days prior to the date of termination; (2) Completely satisfying all of the requirements contained in Section 3(e) of this Agreeme~ prior to the date of said termination; and (3) Ensuring that all costs and liabilities of the District in connection with the Project are fully covered by MeUropolitan. /11 /11 Section 18. EFFECT OF DISTRICT'S WAIVER Any failure by the District to enforce any provision of th~s Agreement, or any waiver thereof by the District, shall not constitute a waiver of its right to enforce subsequent violations of the same or any other terms or conditions herein. Section 19. CONDEMNATION OF PROPERTY Should all or any part of the Property be taken by any public or quasi-public agency or entity under the power of eminent domain during the Term of this Agreement, the following shall apply: (a) Termination. The District or Metropolitan may terminate this Agreement by giving the other party sixty (60} days written notice of termination. (b) Allocation of DamaGes. Any and all damages and compensation awarded or paid because of the taking shall belong to the District. Section 20. 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 communicated as of the date of mailing or as of the date of actual receipt in the case of personal delivery. Mailed notices shall be addressed as set forth below, but each party may change its address by wriUten notice in accordance with this section. /// /// 16 If to Metropolitan: Metropolitan Water District of Southern California ~,~ 350 S. Grand Avenue, 8th Floor Los Angeles, CA 90071 Attn: John Shamma If to the District: East Valley Water District 1155 Del Rosa Avenue P.O. Box 3427 San Bernardino, CA 92413 Attn: Robert E. Martin General Manager Section 21. 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 c~nnection therewith. Section 22. 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 any action brought, the entitlement to recover attorneys fees and costs will be considered an element of costs and not of damages. 17 Section 23. INUREMENT This Agreement and all provisions hereof shall be jointly and severally binding upon, and inure to the benefit of, Metropolitan, the District, and their heirs, successors, legal representatives, and assigns. Section 24. ASSIGNMENT This Agreement may not be assigned to any individual or entity except the District without the written consent of the parties hereto. Section 25. INTEGRATION 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 ~herewith. This Agreement may not be amended unless in writing and signed by the parties hereto. Section 26. 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 27. INTERPRETATION Ai~-D 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. 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 the Project. Section 28. 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 29. TIME OF T~4E ESSENCE Time is of the essence in this Agreement and each and every 'provision thereof. ~ Section 30. AUTHORITY Each individual executing this Agreement on behalf of a party hereto represents and warrants that they are fully and duly /// III I/I /11 /11 /I/ I?/ /I/ /11 /11 III III III 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 John R. Woodraska ~~/~/~~ General/'~/-~ Manager, President, Board of Directors Assistant{C~b~ef Engineer APPROVED AS TO FORM: Brunick, Alvarez & Battersby N. Gregory Taylor Steven M. Kennedy General Counsel Genera Counsel Deputy ~cna~-a~l Counsel Date: Date: 2o ~1~ ibit A J uJ z ~ u5 Z F- Z LLI 0 (.3 EAST VALLEY WATER DISTRICT DIRECTOR'S FEE AND EXPENSES REPORT DIRECTOR: DON GOODIN MONTH September, 2003 Meetincls Claimed: Board Meetin.qs (Dates) 9 Conferences and Other Meetinc3s Date: 8 Organization: Mtg w/Dir LightfootLocation: Brass Key Date: 10 Organization: Mtgw/Highland MayorLocation: Highland Chambers Date: 15 Organization: Special Districts Location: Greentree, Victorville Date: 17 Organization: Board Workshop Location: Distdct Date: 20-24 Organization: WESTCAS Location: Washington DC Date: 26 Organization: state of Inland Empire Location: Radisson Hotel Date: 30 Organization: special Board Meeting Location: District Date: Organization: Location: TOTAL MEETINGS 10 X $125.00= $ 1,250.00 Personal Auto Date: 15 Function: Special Districts 80 X .365 $ 29.20 Date: 20-24 Function: WESTCAS(Parking) $ 33.75 Total $ 62.95 '~V Lod,qin,q Date: 20-24 Function: WESTCAS $ 721.42 Date: Function: Total $ 721.42 Meals ('Receipts) Date: 15 Function: Special Districts $ 27.50 Date: Function: Total $ 27.50 Other Date: 30 Function: CSUSB Text Books $ 164.00 Date: Function: Total $ 164.00 Total Directors Expenses $ 975.87 Total Directors Fees (Meetings) $ 1,250.00 Less Advance Payments , TOTAL DUE DIRECTOR $ 2,225.87 Signed Z~)¢-,~. ~ zO /~-...Z.~, Approved Date of Board Meeting October 14, 2003 ~ DIRECTOR'S FEES AND EXPENSE REPORT )IRECTO'R: sturgeon MONTH OF: September 2003 ~o~d Meetings: 9, 17, 23, 30 :~l~t~rences and Other Meetings -Date: 3 Organ'iza~ion SBVWCD Descdp.tio:n Board Meeting Date: 12 Organization ACWA Description Region 9 Meeting Date: 2_4 ....... Organization_3a.~.~.tie.s. .~XP~ DescriPtion. s.a~t .D.~.e~o Date: 26 Organization state of IE Description Radisson Hotel .Date: Organization Description Date: Organization .Description Date: Organization Description Date: Organization Descri 3tion Date: Organization Descri 3tJon Date: Organization Descri )tion ,~,~te: Organization Descri )tion Date: Organization Descri )tion Date: Organization Descri )tion Date: Organization ~Descri )tion Date: Organization :Descri )tion TOTAL # OF MEETINGS 7 ~125.00 each $ 87_5.00 =ersonalAuto: Gas Receipt 09/24 Mi[esx .325 permile $ 52.47 Parking Fees '$ Fotal .Lodc~inqs, Meals & Other: (Details on Back) $ Total Director's Expenses $ 52.47 c~_~, Total Director's Meetings & Expenses $ 875.00 ~ig' ' 'L ~-- ~ Less any Advance Payments $ )ate of Board Approval 10/14/2003 TOTAL DUE DIRECTOR $ 927.47 EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR: ~,i/,~,~ } MONTH OF: £~,,,~d Meetings: ~/~ ~/,~ ~j Conferences and Other Meetinas Date:?/T; ~/~ Organization~ ~ ~,,;~ Description Date: ?/~, Organization ~ ,,,~ Description_ Date: ?/¢~ Organization &¢,,'. H~ ~ Description Date: 2/~ Organization s~.f T.h,~¢~ Description Date: ?/~ .~ Organization~ ~.¢ ~/~ Description Date: Description Date: Description Date: ~' ~ ~,;¢ ~ I~ ,~ ~ '~'~ate: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description TOTAL¢OF MEETINGS /~ ~125.00 each Personal Auto: Miles x .36 per mile Pa~ing Fees Total Lodqinqs, Meals & Other: (Details on Back) Total Director's Expenses ..~~.....~ Total Director's Meetings & Expenses $ / ~'¢ 7. ~' S'~J~ed Less any Advance Payments $ ~ Date of Board Approval TOTAL DUE DIRECTOR $ PC.o?, 0.2 Lodgings: (Receipts attached) Date: ~'.~.~ FunctionAttended,,~ ~ ~,,~,~,,,,,~.--//~-,-. $ /~-7, o~ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended . $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ .. Date: Function Attended $ SUB TOTAL $ 157,~ Meals: (Receipts attached) Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ SUB TOTAL $ Other.: (Receipts attached) Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ SUB TOTAL $ TOTAL LODGINGS, MEALS AND OTHER $ / (Enter this total on the front of form) EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT oard Meetings: '~111~~ Conferences and Other Meetinqs Date: G/¥ Organization Desor ption Date: G/o¢ organization ~'////c)/~ Description 7//~.~ Date: ¢'/¢7 Organization ~/./'/J./~ Descri :~tion Date: F~/'J00rganizat,on ~/~ Lc'}2) Descri ~tion .~4~ Date: Organization Descri ~tion Date: Organization Descd ~tion Date: Organization Descri ~tion Date: Organization Descri ~tion Date: Organization Descri )tion Date: Organization Descri ~tion ~' Date: Organization Descri ~tion Date: Organization Descri ~tion Date: Organization Descri )tion Date: Organization Descri ~tion Date: Organization Descri ~tion TOTAL # OF MEETINGS -~' @125.00 each Personal Auto: Miles x .365 per mile Parking Fees Total Lodqinqs, Meals & Other: (Details on Back) Total Director's Expenses . Total Director's Meetings & Expenses $ &~F. ¢~ '.gned /~/~¢-" tZ~'~z) ~'/ Less any Advance Payments $ / Date of Board Approval TOTAL DUE DIRECTOR $ &25. Ob Lodqin.qs: (Receipts attached) Date: Function Attended Date: Function Attended Date: Function Attended Date: Function Attended Date: Function Attended Date: Function Attended Date: Function Attended Date: Function Attended Date: Function Attended Date: Function Attended SUB TOTAL $ Meals: (Receipts attached) Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ SUB TOTAL $ Other: (Receipts attached) Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ SUB TOTAL $ TOTAL LODGINGS, MEALS AND OTHER $ (Enter this total on the front of form) EAST VALLEY WATER DISTRICT / ~ DIRECTOR'S FEES AND EXPENSE REPORT ,,._/,.~.//.)~,.~. ~ Board Meetings: <~ '~ ~ / 7 ~,~nferences and Other Meetings Date: /5 Organization)~//,~ ~//,.¢2/,./' Description ~~ Date: ~ ~ Organization ~~ ~ Description ~ ~ ~ato: Organization Description ~ate: Organization ~oscdption Dato: Organization Description ~ato: Organization Doscdption Dato: Organization Doscdption Dato: Organization Description Dato: Organization Doscdption Data: Organization Doscription Dato: Oroanization Description ~ate: Organization Description Dato: Organization Description Dato: Organization ~escdption ~ato: Oroanization ~oacription TOTAL eOF MEETINGS~ ~125.00 each~ $ Personal Auto: Miles x .365 per mile Parking Fees Total Lodgings, Meals & Other: (Details on Back) Total Directors Expenses Total Directo¢s Meetings & Expenses ~igned Less any Advance Payments of Board Approval TOTAL DUE DIREOTOR Lodgings: (Receipts attached) Date: Function Attended $ ,,~ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ SUB TOTAL Meal__s: (RT~pts attached) /~./,¢/~- ~ ~/,~. ' Date: Function Attended ~,~///~c:r~,.) Date: Function A~ended Date: Function Affended ~ Date: Function A~ended Date: Function Affended Date: Fun~ion Affended Date: Function A~ended Date: Function A~ended Date: Function Affended Date: Fun~ion A~ended SUB TOTAL Other: (Receipts affached) Date: Function A~ended Date: Function A~ended Date: Fun~ion Affended SUB TOTAL , TOTAL LODGINGS, MEALS AND (Enter this total on the front of form) Association of The OmCERS D,.EOTORS DIRK VOSS GERALD W. SMITH President Baldy Mesa Water District East Valley Resource Conservation District HANK STOY EARL TILLMAN Jr. Cucamonga County Water District Vice President West Valley Water District DICK FORTYUNE Mojave Water Agency KATHY COCHRAN Secretary/Treasurer MARY MURPHY San Bernardino County ,~ctor Valley Water District Administrative Secretary Special Districts / r< ...... _g,._./]__[~. ~_ ?ii :i? September12, 2003 ' ' ..... 'ii~!~?SI~CT/ TO: ALL MEMBERS IT'S THAT TIME AGAIN... TIME TO BEGIN PLANNING FOR OUR MEETINGS FOR THE YEAR "2004" Membership meetings are held the third Monday of the month with the exception of August. The August meeting is for the Board of Directors only. The Board has selected the month of March for the annual vendor fair. More details will be provided at a later date. The Board has adopted the following procedure for selecting our monthly meeting hosts: · The member requesting a particular month and indicating a contact person must submit a letter. Also, please indicate a second and third choice in case the first choice has already been taken. · In the event of more than one member selecting the same month, the earliest postmark will be the determining factor. · No verbal requests will be accepted. Resl:)onsibilities of a Host: · Locate and work with the restaurant/facility. · Arrange the program. I:'.O. BOX 697 · RANCHO CUCAMONGA, CA 91729 · (909) 993-1801 · FAX (909) 947-2598 Host Request Page 2 · Plan the menu. · Handle reservations and registration table the evening of the meeting. You will find more detailed information in the enclosed "Host Guide'. If you would like to host a meeting, but are a little reluctant because you haven't done so in the past, we will be happy to work with you, step-by~step, through the process. In order to have the 2004 Host List finalized pdor to the December meeting, please submit your request by December l~t. If you have any questions, please call me. Yours truly, Administrative S'e'cretary P O Box 9020 Chino Hills, CA 91709 (909) 993-1801 (909) 947-2598 ~ FAX Email: mmurphvC~ieua.orq MM:hs g:~roup~conrngt~nary~pecial disb'icts~host request.doc Enclosure 2004 MEETING DATES &. HOSTS JANUARY 19 FEBRUARY 16 M~RCH 15 BOARD & INLAND EMPIRE UTILITIES AGENCY APRIL 19 MAY 17 SAN BERNARDINO COUNTY WCD JUNE 21 YUCAIPA VALLEY WATER DISTRICT JULY 19 AUGUST 16 Board of Directors Only SEPTEMBER 20 OCTOBER 18 JOSHUA BASIN WATER DISTRICT NOVEMBER 15 DECEMBER 20 Dedicated Members Putting the "SPECIAL" in Special Districts Thank you ! ! HOST GUIDE Thank you for your consideration in hosting one of our meetings. [Ye trust this Guide will be of assistance to you in your preparations. MEETINGS The meetings are always held on the third Monday of the motor. The social hour is from 6:00 p.m. to 6:45 p.m. with the meeting starting at 6:45 p.m. and dinner served shortly thereafter. It is recommended the registration table be set up no later than 5:30 p.m. The meetings are adjourned no later than 9:00 p.m. HOST RESPONSIBILITIES 1. Determines Location: There may be anywhere fi'om 80 - 115 who attend, therefore, you will need to select a location that has adequate banquet facilities and parking. The Host is responsible for any additional charges by the facility such as room rental/set-up fee, ,equipment, etc. ' 'The Board meets fi.om 5:30 to 6:45 p.m. It is requested there be a separate room with a table and eight (8) chairs. However, the Association will not pay a charge for an extra room, and, if need be, will make other arrangements. 2. Menu: All dinner selections should include: entree, vegetable and/or potato, salad, dessert ~md beverage. ASBCSD is not allowed to payfor any liquor charges. Therefore, do not request a bar set-up in the meeting room. The lounge bar serves the purpose of providing drinks. When working with the restaurant, please request that seating is limited to no less than 6 or more than 8 at each table. If you are planning a buffet dinner, please have the food table(s) arranged so that people can pass along both sides to obtain their food. 3. Dinner Costs: Please try to keep these costs as reasonable as possible. There is usually less a~endance when the dinner price gets over $24.00. When you receive a price quote for the dinner(s), be sure to addin tax and gratuity then add t,~e Association's $1. O0 to determine the final dinner cost(s) for the Announcement. Rev/sod 1/22/03 1 All checks received for the dinner should be made payable to the Assodation. Any checks made payable to your district/company should be signed over to the Association. The Host is responsible for the cost of their meals. The Association pays for the following individual meals: a. The Association's Administrative Secretary and guest; and, b. The speaker and guest. 4. ffead Table: O£t/ona/. If you do not have a head table, pleasereserveafronttablewiththe podium nearby. 5. Reservations: A Reservation List should be prepared which contains the name of the organization and the individuals attending. It helps to have this list alphabetized by District/Company and the individual names listed under their District/Company. This list should also indicate payments received and those who still owe. The final list is a useful tool to be used in checking people in on the night of the meeting. The Secretary will ~flso collect and utilize your list to bill anyone making reservations and then not attending. (The Association is held responsible for the dinner unless they have cancelled prior to your District./Company giving the total number of reservations to the facility.) Do not call in more reservations than the number you have received or the host will be hem responsible for these additional costs. All reservations received after the designated deadline date, or anyone attending the dinner without having made reservations, are to be charged the additional $2.00 per person: (The Board hopes to discourage these actions.) 6. Registration table: The table requires two people in order to check-in the attendees, collect money, distribute dinner tickets, name tags, and write receipts, if they are requested. Registration table should have: a. Your Registration List to check offthe people as they come in. If there are any walk*ins, also record their names and the amount paid. b. Receipt book (provided by ASBCSD c. Name Tags (provided by ASBCSD) and pens d. Cash box with at least $50 in change. Revised I/22/03 2 e. Dinner tickets (provided by ASBCSD) Please instruct the facility to have the servers pick up these tickets when dinner is served and return them to you. That way we can double check the number of tickets collected against the number you show having attended. The Association pays the bill based on the mtmber of tickets collected or the RSVP's called in. 7. Program: The Host is requested to make arrangements for the program. However, a Program Committee is available to assist you, if desired. If you need assistance, please advise the Secretary as soon as possible to allow the Committee adequate time to line up a program. 8. Equipment required: The American Flag, podium, and a public address system After the Meeting the Secreta%, will meet with the registration helpers at the registration table and: a. Review the Reservation List, collect the castgchecks. (The cash should be counted by at least two people), and other supplies. b. Check the dinner bill against the number of tickets collected and RSVP's made. c. Pay the dinner bill. d. Reimburse the Host for any prior deposit made. DRAWING TICKETS The Association Board will appoint an individual to handle the selling of the drawing tickets at all the meetings. PLEAStq PROVIDE A COPY OF THIS "GUIDE" TO THE INDMDUAL I:VHO WILL BE MA.KING. ARRANGF_.MENTS AND WORKING WITH YOU ON THE MEETING. Revised 1/~2/03 3 1997 Edition - Electronic Format '""" AIA Document 6141 - 1997 Standard Form of Agreement Between Owner and Architect with Standard Form o/Architect's Services This document has important legal comequences. Coesultation v/ith an TABLE OF ARTICLES anorney is encouraged with respect to its completion or modification. AUTHENTICATION OF THIS 1.1 INITIAl. INFORMATION ElECTRONICAllY DRAFTED/VA DOCUMENT MAY BE MADE BY USING 1.2 RESPONSIBILITIES OF THE PARTIES /VADOCUM£NTD40L 1.3 TERMS AND CONDITIONS 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPENSATION AGREEMENT made as of the Si~eenth day of September in the year Two Thousand and Three fln ,,oM.,, ~dlcate da~ Iaoath and)ear) BE1/WEE N the Architect's client identified as the Owner: (Hame, address and other intbrmafion) ,~East Valley Water District (EVVVD) 1155 Del Rosa Avenue San Bernardino, CA 92413 and the Arc~tect: (N~'ne, addrem and other iafonnstion) Gary W. Miller, Architect & Associates, Inc. 350 West Fifth Street, Suite 201 San Bernardino, CA 92401 ~"~ For the following Project: ~ (Include detaffed descnla~on of ~rol~ct) Corporate Headquarters in Accordance with Printed Program (Attachment 1), Site Plan and Floor Plan (Attachment 2 and 3). 1 The Owner and ~¢:hitect agree as follow~, © 1997 AIA® AIA DOCUMENT 8141 - 1997 STANDARD FORM AGREEMENT ARTICLE 1.1 INITIAL INFORMATION 1.1.1 This ,~4greement is based on the following information and assumptions. The American Institute of Architects (Note the disposlrion lb; the ~llo~ ltem~ b)' ~sert~ the request~ff information or a, statemeot such as "not 1735 New York Avenue N.W. applicable, · "unJcno~m at time o£executlon "or "to be detemtined later hZ mutual a$,eement '.) Washington, D.C. 20006- 5292 N/A 1.1.2 PROJECT PARAMETERS O 1917,, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, I977, 1987, ~ 1997by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the lator to legal prosecution, WARNING: Unlicensed photocopying violates U.S. copyright laws and will llll~llGject the violator to leBal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: evwd.aia - 10/212003. AIA License Number 1104647, which expires on 4/30/2004. 1 1.1.2.1 The objective or use is: {Iden#'~ or desrdt~ i£~oprot~iate, Rropo~d use or Provided ,Site Improvements and a Series of Buildings to Meet the Operational and Administrative Needs of EVVVD. 1.1.2,2 The physical parameters are: f/dent/fy os' d~e~ if appropJiate, ,~ze, loca~o~ dimen~ons, or other Retffnent infon~aKo~ such as geotechnicd -- tet:,oru a~ut &e See Site Plan Attachment 2. ].I,2,3 "/3ze Owner's Program is: (ldentif/ doc~wentatlon or state ~e marmer in wMch thel~rogram will be develop, ed.) See Attachment 1 This document has important legal consequences. Consultation with an '1. ].2.4 The le~ para~leters are: attorney is encouraged with respect to (ldeng~ F~zi~t l~a/ infatuation. /ncTu~/n~, ]£a. pF~o.l~ate, Ja~d sur~,v~ ~d /~a/ d~:r/pWons ~'~ m~?'cEo~s of its completion or modification. Be ~[te..) AUTHENTICATION OF THIS All that Portion of The East 112 of the Northwest 114 Section 32, Township 1 North, E~EETRONICAU. YDRAFTEDAIA Range 3 West, San Bemardino Moridlan, In the County of San Bernardino, State of DOCU~4ENTI~1AYBEMADE#YU$1NG California According to the Official Plat Thereof, Described as Follows; Commencing ,~A DOCUm£NT D401. at the Northwest Comer of Said Section 32; Thence North 89*43'05" East 1322.49 Feet to a Point; Thence South 0'23'46" East 41.25 Feet and the True point of .Beginning of This Description; Thence From Said True Point of Beginning 89*43'05" East 699.95 Feet; Thence South 0*23'46" East 593.75 Feet; Thence South 89*43"05" West 699.95 Feet; Thence North 0*23'46" West 593.75 Feet to the True Point of Beginning. 1.].2.5 The fmancia~ parameters aR as follows. .] Amount of the Owner's overall budget for the ?roiect, inc[udL~g the Architect's compensatio=, is: $9,526,000.00 .2 Amount o.F the Owner's bud§et .For the Cost o.F the Work, excluding Mc~dtect's comge=afion, b: $9,040,000.00 1.1.2.6 'The t~ae parameters am: Submit to City Plan Check January 15, 2003, Documents Ready to Bid April 1, 2003 1.1.2.7 The proposed procur~mem or d¢~ive[7 method -For the Project is: Negotiated Bid with Contractors Selected by Interview or Competitive Bid amoung Invited General Contractors. ].].2.8 Ot~er parameters ate: L'I.3 PROJECT TEAM © 3997 AIA© ].1.3.1 TheOw-ner'sDeslgnated~epresarttatJYeis: AIA DOCUMENT B14~ - 1997 (L/~name, a~d~.~'a~o~e~/=~o.,matJon..) STANDARD FORM AGREEMENT Robert Martin The American Institute of Architects 1. i.3.2 The persoas or entities, [a ad,'litlo, to t~e Owner's D~s~nated Representative, who are 1735 New York Avenue N.W. requfl'ed to mvlew ~e Architect's submittals to the Owner ate: Washington, D.C. 20006-5292 (Lbt narn~ ~ddr~a ~nd other in£onnadon.) Robert Martie, ~aul Dottar © 191/,, 1926, 1948, 19!51, 1953, 1958, t961, 1963, 1966, 1967, I970, 1974, 1977, 1987, © 1997by The American Institute of Architects. Reproduction o~ the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the "lator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will ~l~art the violator to legal prosecution. This document was electronfcally produced with permission of the and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: evwd.aia -. 10/2/2003. AIA License Number 1104647, which expires on 4/30/2eo4. 2 1.1.3.3 The Owner's other consultants and contractor~ are: I'ld~ dJ~ip[Jae ar~ i£/c~om:,, ident/~,, t~em b~, o,~o'ae ,md eddre~.) Byeriy lac., Soil Engineering ].].3.4 The Architect's Designated Representative is: (ld~ name, a;~dm~ ,md ot~ Gary W~ Miller 1.].3.5 The consultants retainad at the Architect's expense are: Civil - Mapco; Structural - Knapp & Tang or Design West Engineering; Mechanical & Electrical - TMAD; Landscape - STB 1. ].4 Other important Lrdt ia~ L'l-Formation is: This document has important legal cer~ecluenees. Consultation with an attorney is encouraged with respect to ]. ].5 Vv~ten the sarv~ces under Lids Agreement include contract adr~.n.~tration sez'~ces, the its completion or modification, General Conditions o[ the Co~Lract .For Constzuction sh~ll be the edition o.F AZA Documant AUTHENTICATION OF THiS A2o! curt'eat as o.Fthe (:[ate O.F th. is Agreement, or as .Follows: £LECTRONICALLY DRAFTED /VA Architect's Proprietary General Conditions with Input from Owner's Legal Counsel. DOCUM£NTMAYB£MADEgY USING AIA DOCUMENT L].6 The in.Formation contained in this Article [.z ma}, be reasonably relied upon by the Owner and Architect ~ deternfin~g the Architect's compensation, Both parties, however, recognize that such in.Formation may change and, in that event, the Owner and the A~chitect shall negotiate appropriate adjustments in schedule, compensation and Change in Services in accordance vdth paragraph ~.3.~. ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES 1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members o.F the Project team. 1.2.2 OWNER 1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide tull in.Formation in a timely manner regarding requirements .For and limitations on the Project. The Owner shall furnish to the Architect, within l~ days a~er receipt of a written request, in.Formation necessary and relevant .For the Architect to evaluate, give notice o.F or eh.Force lien rights. L2.2.2 The Owner shall periodically update the budget for the Project, including that portion allocated for the Cost of the Work. The Owner shall not significantly increase or decrease the overall budget, the portion of the budget allocated for the Cost of the Work, or contingencies included in the overall budget or a portion o.F the budget, without the agreement of the Architect to a corresponding change in the Project scope and quality. 1.2.2.3 The Owner's Designated Representative identified in Paragraph [.].3 shall be authorized to act on the Owner's behalf with respect to the Project. The Owner or the Owner's Designated Representative sha~ render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential © 1997 AIA® progress of the Architect's services. AmA DOCUMENT 8141 - 1997 STANDARD FORM AGREEMENT 1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Paragraph i.~.3 or authorize the Architect to furnish them as a Change in Services when such The American Institute of Architects services are requested by the Architect and are reasonably required by the scope of the Project. 1735 New York Avenue N.W. Washington, D.C. 20006-5292 1.2.2.5 Unless otherwise provided in this Agreement, the Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, ~1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written perrnission of the AIA violates the copyright laws of the United States and will subject the 'o[ator to legal pro!~ecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will ~bject the violator to legal prosecution. This document was electronically produced with permission of the A and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: evwd.aia -- 10/2/2003. AIA License Number 1104647, which expires on 4/30/2004. 3 mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. 1.2.2.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. 1.2.2.7 The Owner shall provide prompt written notice to the Arch/tect ff the Ownar becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. 1,2.3 ARCHITECT This document has important legal L2.3.1 Th,: services performed by the JLrehltect, Architect's employees and Architect's consequences. Consultation with an consultants shall be as enumerated in Article 1.4. attorney is encouraged with respect to il~ completion or modification. 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with AOTHENFICATION OF THIS professional skill and care and the orderly progress of the Project. The Architect shah submit for EL~CTROIqlCALLY DRAFTEO PlA the Owner's approval a schedule for the performance of the Architect's services which initially DOCUMENT MAY 8£ MADE BY USING shall be consistent with the time periods established in Subparagraph re.z6 and which shall be PlA Oocttt~fNr t:~OL adjusted, if necessary, as the Project proceeds. This schedule shall include allowances for periods of lime required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Time limits establ/sbed by this schedule approved by the Owner shah not, except for reasonable cause, be exceeded by the Architect or Owner. 1.2.3.3 The Architect's Designated Representative identified in Paragraph la.3 shah be authorized to act on the Architect's behalf with respect to the Project. 1.2.3.4 Tbe Architect shall maintain the confidentiality o f in furmation specifically designated as confidential by the Owner, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent the Architect from establishing ,a claim or defense in an adjudicatory proceeding. The Architect shall require of the Architect s consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the Owner. 1.2.3.5 Except w/th the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. 1.2,3.6 The Architect shah review laws, codes, and regulations applicable to the Architect's services. The iLrchltect shall respond in the design oftbe Project to requirements imposed by governmental authorities having jurisdiction over the Project. 1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and informatkm furnished by the Owner. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any errors, omissions or inconsistencies in such services or information. © 1997 AIA® AIA DOCUMENT 8141 - 1997 ARTICLE 1.3 TERMS AND CONDITIONS STANDARD FORM AGREEMENT 1.3.1 COST OF THE WORK 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not The American Institute of Architects 1735 New York Avenue N.W. completed, tbe estimated cost to the Owner of all elements of the Project designed or specified by the ArcbJ. tect. Washington, D.C. 2GOO6-5292 © 101L 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 19T4, 1977, 1987, © 1997 by l~he American institute of Architects. Reproduction of the material herein or substantial quotation of its provisions w~thout written permission of the A1A violates the copyright laws of the United States and will subject the %lator to legal prosecution. WARNING: Unlicensed photocopying violates U.5. copyright laws and will ~ll~AieCt the violator to legal prosecution. This document was electronically produced with permission of the and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User r~,ocument: evwd.aia -- 10/2/2003. AIA License Number 1104647, which expires on 4/30/2004. 4 1.3.1.2 The Cost of the Work shau include the cost at current market rates of labor and materials furnished bt· the Owner and equipment designed, specified, selected or specially provided tbr by the Architect, including the costs of ruanageruent or supervision of construction or installation provided b), a separate construction ruanager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included -For market conditions at the time of bidding and for changes in the Work. 1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs ol~the land, rights-of-wa)' and financing or other costs that are the responsibility o-Fthe Owner. 1.3.2 INSTRUMENTS OF SERVICE rhis document has important legal consequeno~. Consultation with an 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, attorneyisencouradedwithrespectt° prepared by the Architect and the Architect's consultants are Instruruants of Service for use its complotion or modification. solel), with respect to this Project. The Architect and the Architect's consultants shall be AUTHENTICATION OF THI$ deemed the authrus and owners of their respective Instruruents of Service and shall retain all ELECTRONICAlLy DRAFTED AIA comruon law, statutory and other reserved rights, including copyrights. DOCUMENt MAY lie MADE IIy USING AIA DOCUMENT 0401. 1.3.2.2 Ltpen execution of thts Agreeruant, the Architect grants to the Owner a none~cclusive license to reproduce the ,~rc~tect's [nstrumants of Sarv~ce solely .For pru~oses of constructing, using and maintab~g the ~oject, provided that the Owner shau corup]¥ with ail obligations, including posmpt payment of aU sums when due, under this .4.greeruent. The Architect shall obtaLn simlJar nonexc]usive licenses froru the Architect's consultants consL~tent w~th thL~ Agreement. ,~,~ty termination of t~s Agreeruant prior to completion o.F the Project terminate L~s Ecense. 1Jpon such termination, the Owner shau refrain frees mak~g ~uttber teproductioz~; o.F.tnstruments o.F Se~ce and sba[1 return to the Architect wJtJ~n seven days o.F tem~taLton au originals and reproductio~ Lq the Owner's possession or control. [.F and upon the date the Architect ts adjudged in de.Fault o.F tJ~s Agreement, the £osegoing L~cense sha~ be deerued termLnated and replaced by a second, nonexclusive license perr~fitLing the Owner to authorize oth~r s~"uilarl), credentia[ed deslg~ professionals to reproduce and, where perraJtted by law, to make changes, correeLions or additions to the [nst~uments o.F Sez~ce sole])' .For ~ pu~oses o.F completing, using and ruaJntaining the Project. 1.3.2.3 ~xcept Jot the licenses granted in Suhpa~grapb 1.~.2.2, no other I~cense or fight be deemed granted or [mpEed un~er this ~eement. The Owner shall not assign, delegate, sub[icanse, pledge or otharwi, se trans-Far any license granted herein to another pail.), without the prior vrdtten agreeruant o.F the Architect. Fhiwevar, the Owner shall be permittcdto authorize the Contractor, SubconLractoss, gub-subcontradors and material or equ~pruant supplle~s to reproduce applicable pozt~ons o.F the Insb'uruants o£ Sarv~ce appropriate to and .for use in their execution o~'the Work by license granted in Subparagraph 1,~.2.2. SLz~rutssion or dtstribution o~ [nstturuents o-F Service to meet o~ciaJ re§uJatory recjuLteruants or -For s~a.r pLZ~Oses connection w~l~ the Proiect Js not to b~., construed as ptthL[cat~on in darogation o.Fthe reserved r~gJ~ts of the AJ~chitect and the ~d-cJ~J. tects consultants. The Owner sha~ :not use the instruments o~ Service tot futura additions or a~terations to this Project or .For other projects, u~ess the Owner obta~s the prior ~.~-itten agreement o.F the Architect and the .~'cb~tect's co~lsultants. ~1¥ unauthodzed use DE the [~tmments o-F Service shau be at the Owner's sole risk and without J~ab~t), to the AzchJtect and the Archltect's consultants. © 1997 AIA® AIA DOCUMENT B141 - 1997 1.3.2.4 Prior to the Architect providing to the Owner an)' [nstruruents o.f Service in electronic STANDARD FORM AGREEMENT -form or the Ow~.er providing to the .4zx:hitect an), electrouic data .For incorpoostton into the [nstruruents of Set, rice, the Owner and the ~L_rch. ltect shau b), separate written agreement set The American Institute of Architects .FOSth the spec~c conditioru govemL'~g the -Format o.Fsuch lnstosruents o.FServ~ce or electosuic 17:~5 New Yor~ Avenue N.W. data, including an)' special IJr~[tations or licenses not othezwtse provided in thts Agreement. Washington, D.C. 20006.~292 1.3.3 CHANGE IN SERVICES © 1917, 1926, 1948, 1951, 195~, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the ~lator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will fll~lAJeCt the violator to legal prosecution. This document was electronicaUy produced with permission of the and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: evwd.aia -- 10/2/2003. AIA License Number 1104647, which expires on 4/30/2004. 5 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consuhant.~, may be accomplished after execution of th/s Agreement, without invalidating the Agreement:, it mutually a .g~, ed in writing, if required by circumstances beyond the Architect's control, or if the Architect s services are affected as described in Subparagraph t.3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner prior to providing such services. If the Owner deems that all or a part of such Change in Services is not required, the Owner shall give prompt written notice to the Architect, and the Architect shall have no obligation to provide those services. Except for a change due to the fault of the Architect, Change in Services of the Architect shall entitle the Architect to an adjustment in compematlon pursuant to Paragraph z.5.2, and to any Reimbursable Expenses described in Subparagraph z.3.9.a and Paragraph 1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, the This document has imtmrtant legal Architect shall be entitled to an appropriate adjustment in the Architect's schedule and consequences, consultation with an attorney compensation: its comt~letion or modification. .1 change in the instructions or approvals given by the Owner that necessitate AUTH£NTICATION OF THIS revisions in Instruments of Service; Et~CTRONICAIZY DRAFTED.41A .2 enactment or revision of codes, laws or regulations or official interpretations Dt~UM£hIT MAY B~ MADE eY USING which necessitate changes to previously prepared Instruments of Service; A/A DOCUM£NT D~OI. .3 decisions of the Owner not rendered in a thnely manner; .4 significant change in the Project including, but not l/mited to, size, quality, complexity, the Owner's schedule or budget, or procurement method; .5 failure of performance on the part of the Owner or the Owner's consultants or contractors; .6 preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto; .7 change in the infmmation contained in Art/cle m. 1.3.4 MEDIATION 1.3.4.1 A~)' claim, dispute or other matter' in question arising out of or related to this Agreement shall be subject to mediation as a, condition precedent to arbitration or the institution of legal or equitable proceedings by either part),. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. 1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pen~Ling mediation for a period of 6o days from the date of £tling, unless stayed for a longer period by agreement of the parties or court order. 1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation © 1997 AIA® shall be held in the place where the Proiect is located, unless another location is mutually AIA DOCUMENT B141 - lg97 agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements STANDARD FORM AGREEMENT in any court having jurisdiction thereof. The American Institute of Architects 1735 New York Avenue N.W. 1.3.5 ARBITRATION Washington, D.C. 20006-5292 1.3.5.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with Paragraph 1.3.4. © ~917, 1926, ~948, 1951, ~953, 1958, 1961, ~963, 1966, ~967, 1970, 1974, 1977, 1987, © 1997 by 'the American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will sublect the "~lator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws arid will ~AJect the violator to legal prosecution. This document was electronically produced with permission of the and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User G,ocument: evwd.aia -- 10/2/2003. AIA License Number 1104647, which expires on 4/30/2004. 6 1.3.5.2 Clams, disputes and other matters in question between the parties that are not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall he in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. 1.3.5.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of[imitations. This document has important legal consequences. Coesultation with an 1.3.5.4 No a.rbitration a,-'ising out of or relating to this Agreement shall, include, by attorney is encouraded with respect t° consolidation or joinder or in any other manner, an additional person or entity not a party to its completion or modification. this Agreement, except by written consent containing a specific reference to this Agreement AUTHENTICATION OF THIS and signed by the Owner, Architect, and any other person or entity sought to be joined. ELECTRONICALLYORAFTEDNA Consent to arbitration involving an additional person or entity shall not constitute consent to DOCUMENT MAY 8£ MADE BY USING arbitration of any claim, dispute or other matter in question not described in the written AIADOCUMENTD401. consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity dul)' consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any ceurt having jurisdiction thereof. 1.3.5.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and the Owner waive consequential damages for claims, disputes or other matters in question arising out or' or relating to this Agreement. This mutual waiver is applicable, without 1Lrnitation, to all consequential damages due to either party's termination in accordance with Paragraph 1.3.7 MISCELLANEOUS PROVISIONS 1.3.7.1 This Agreement shall be governed by the law of the principal place of businass of the Architect, unless otherwise provided in Paragraph 1.~2. 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document k2m, General Conditions of the Contract for Construction, current as of the date of this Agreement. 1.3.7.3 Causes ofactinn between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of lhnitations shall commence to run not later than either the date oE Substautial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. © 1997 AIA© AIA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT 1.3.7.4 To the ex'tent damages are covered by property insurance during construction, the Owner and the Architect waive all rights against each other and against the contractors, The American Institute of Architects consultants, agents and employees of the other for damages, except such rights as they may 1735 New York Avenue N.W. have to the proceeds of such insurance as set fotlh in the edition of AIA Document A2m, Washington, D.C. 20006-5292 General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, I987, © 1997 by The American institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the iolator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will ~ll~ubject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be repl'oduced in accordance with your license without violation until the date of expiration as noted below. User Document: evwd.aia -- 10/2/2003. AIA License Number 1104647, which expires on 4/'50/2004. 7 L3.5.2 Clsims, disputes and other matters in question between the par es that are not resolved by :mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. 1.3.5.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. This document has important legal 1.3.5.4 No arbitration arising out of or relating to this Agreement shall include, by consequences. Cen~ultation with an attorney is encouraged with respect to consolidation or joinder or in any other manner, an additional person or entity not a party toits completion or modification. this Agreement, except by written consent containing a specific reference to this Agreement AUTHENTICATION OF THIS and signed by the Owner, Architect, and any other person or entity sought to be joined. ELECTRONICAU. YDRAFT£OAIA Consent to ~xbitration involving an additional person or entity shall not constitute consent to DOCUMENT MAy BE MADE BY USING arbitration of any claim, dispute or other matter in question not described in the written AIADOCUMENTD401. consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreemants to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 1.3.5.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and the Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Paragraph 1.3.8. 1.3.7 MISCELLANEOUS PROVISIONS 1.3.7.1 This Agreement shall be governed by the law of the principal place of bnsiness of the Arch/loci, unless otherwise provided in Paragraph 1.4.2. 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document kzoh General Conditions of the Contract for Construction, current as of the date of this Agreement. m 1,3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to / act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall l SUch statutes of limitations commence to run any later than the date when the Architect's © 1997 AIA® services are substantially completed. AIA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT 1.3.7.4 To the extent damages are covered by property insurance during construction, the Owner and the Architect waive all rights against each other and against the contractors, The American Institute of Architects consultants, agents and employees of the other for damages, except such tights as they may 1735 New York Avenue N.W. have to the proceeds of such insurance as set forth in the edition of AIA Document A2oh Washington. D.C. 20006-5292 General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. © 1917,, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, ~ 1997 by The American Institute of Architects, Reproduction of the material herein or substantial quotation of its provisions without written perrnission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U,S. copyright laws and will Vsubject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: evwd,aia -- 10/2/2003. AIA License Number 1104647, which expires on 4/30/2004. 7 1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 1.3.7.6 1.1~ess otherwise provided in this Agreement, the Architect and Architecfs consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. 1.3.7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials, The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential This document has important legal or proprietary information if the Owner has previously advised the Architect in writing of the consequences. ¢onsultattbn with an attorney is encouraged with respect to specific information considered by the Owner to be confidential or proprietary. The Owner its completion or modification. shall provide professional credit for the Architect in the Owner's promotional materials for the AUTHENTICATION OF THIS Pro~ect. ELECTRONICALLY DRAFTED .adA DOCUMENT IVIAY BE MADE BY USING 1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed language of AIA DOCUMENT D40L such cartificates shall be submitted to the Architect for review at least ~4 days prior to the requested &ties of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. 1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the par~nars, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign tiffs Agreement without the written consent of the other, except that the Owner may assigo this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's. rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to faci]itate such assignment. 1.3.8 TERMINATION OR SUSPENSION 1.3.8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owlier for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and mm= resumption of the Architect's services. The Architect's fees for the remaining services and the ~ time schedules shall he equitably adjusted. 1.3.8.2 If the Project is suspended by the Owner for more than 3o consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. ~ When the Project is resumed, the Architect shell be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remairdng © 1997 AIA® services and the time schedules shall be equitably adjusted. AIA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT 1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 9o The American institute of Architects consecutive days, the Architect may terminate this Agreement by giving not less than seven 1735 New York Avenue N.W. days' written notice. Washington, D.C. 20006-5292 © 1917, 1926, 1940, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright taws and will ~ll~Subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: evwd.aia -- 10/.l/2003. AIA License Number 1104647, which expires on 4/30/2004. 8 1.3.8.4 Tiffs Agreement may be terminated by either party upon not less than seven days' written notice should the other party tail substantially to perform in accordance with the terms of this Agreeanent through no fault of the party initiating the termination. ~ ].3.8.5 This Agreement ma)' be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. 1.3.8.6 In the event of termination not the'fault of the Architect, the Architect shall be compensated f'or sevtices performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Subparagraph ~.3.8.7. 1.3.8.7 Terraination Expenses are in addition to compensation for the services o£ the rhisdocumeothasimgortsntlega! Agreement and include expenses directly attributable to termination for which the Architect is consequences, consultation with an not otherwise., compensated, plus an amount for the Architect's anticipated profit on the value attorney is encouraged with respect to o[ the services not performed by the Architect. its completion or modification. AUTHENTICATION Of THIS 1.3.9 PAYMENTS TO THE ARCHITECT ELECTRONICAld. YDRAFTEDAIA 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred DOCUMENTMAYB£MADEBYUSING shall be made monthly upon presentation of the Architect's statement of services. No AIADOCUMENTD40I. deductions shall be made fi'om the Architect's compensation on account of penalty, liquidated damages or other sums withheld bom payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. 1.3.9.2 Rehnbursable Expenses are in addition to compensation for the Architect's services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Glauses: ,1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and elec~onic communications; .2 fees paid for securing approval of authorities havJ_ng jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; ,4 expense of overtime work requiring higher than regular rates it authorized in ~ advance by the Owner; .5 renderings, models and mock-ups requested by the Owner; .6 expense o£ professinnal liability insurance dedicated exclnsively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Paragraph .8 other similar direct Project-related expenditures. 1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner s authorized representative at mutually convenient times. 1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel © 1997 AIA® engaged on the Project and the portion of the cost of their mandatory and customary AIA DOCUMENT 3141- 1997 contributions and benefits related thereto, such as employment taxes and other statutory STANDARD FORM AGRE£M£NT employee banefits, insurance, sick leave, holidays, vacations, employee retirement plans and sim/tar contributions. The American Institute of Architects 1735 New York Avenue N.W. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS Washington, D.C. 20006-5292 1.4.1 Enumeration of Parts of the Agreement. This Agreement represerits the entire and integrated agreement between the Owner and the Architect and supersedes all prior © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977,, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the vialator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will ~lllaa~,subject the violator to legal prosecution. This document was electronically produced with permission of the '~' AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: evwd.aia -- 10/2/2003. AIA License Number 1104647, which expires on 4/30/2004. 9 negotiations, representations or agreements, either written or oral This Agreement may be amended mtly by written instrument signed by both Owner and Architect. This Agreement comprises the documents listed below. 1.4.1.1 Smadard Form of Agreement Between Owner and Architect, AIA Document 1.997. 1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, Document Z~4~-~, or as follows: (L/st other documen~ if aa?,, delineati~.A/r~ilect's sco~e of .,erffces.) 1.4.1.:~ Ottter documents as fotlows: '[his docoment has important lega! (L/sf oEler doctenen~, if any, formlng.oatt ofthe Agteemenl.) consequences. ¢or~u#ation with an attorney !s encouragecl with respect to 1.4.2 Special Terms and ¢ondltlons. Special terms and conditions that modify this its completion or rnodi£ication. Agreement ~re as follows: AUT~£NrlC_ArlON OF ELECTRONICALLY DRAF'[£D AIA DOCUMENt MAY ~£ MADE BY USiN~ AIA DOCUMENT D401. ARTI¢I.F 1.5 COMPE ~SAI'[ON LS.l For the Architect's sen, ices as described under Article ~.4, compensation shall be computed as follows: 8¢~emati¢ Design 0% Design D~velopment 2fi% $~2~ .fi00.00 ~o~struction Documents 40% $~ 94,400~00 BMdin§ Se~vices & Ne~oiation ~/o $ Construction Administration 20% $ 97,200.00 Furniture Specification & Installment 1% $ 4,860.00 Closeout 9% $ 43,740.00 1.5.2 If the services of the Architect are changed as described in Subparagraph 1.3.3.1, the Architect's compensation shall be adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Paragraph ~.5.2, in an equitable manner. (Inse~ b~ds of compem~atio.% i~clud~n8 rstes stud mulEples o£Di~e~ Pertonnd ~aeme for PdndpM~ ~d employ'es, ~d ldeao'ty ~wit~r and d~/ employees, i£tequi~ed IdenEly st~c~c aerdces to mSlch ~ced~r methods o£ comImnsalion apply.) 1.5.5 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple o.F ( ) times the amounts billed to the Architect .For such services. 1.5.4 Pot Reimbursable Expenses as described in Subparagraph 1.3.9.2, and any other items included in Paragraph 1.5.5 as Reimbursable Expenses, the compensation shalJ be computed as a multiple of' ( ) times the expenses Lncurred by the Architect, and. the A~chitect's em]ployee.~ and consultants. 1.5.5 Other Reimbursable Expenses, i-pony, are as follows: © 1997 AIA® AIA DOCUMENT B14] - ~997 1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as STANDARD FORM AGREEMENT set forth in this Agreement shall be adjusted in accordance with their normal salary review The American Institute of Architects practices. 1755 New York Avenue N.W. Washington, D.C. 20006-5292 1.5.7 An initial payment of Dollars (S) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, ~) 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United 5totes and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will ~ubject the violator to legal prosecution. This document was electronically produced with permission of the ~IIII~FAIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: evwd.aia -- 10/2/2003. AIA License Number 1104647, which expires on 4/50/2004. 10 at fl~al payment. Subsequent payments for services shall be made mont]~, and where applicable, shall be in proportion to se[vices performed on the basis set forth in this Agreement. 1.5.8 Pa)meats are due and payable Ten ( i~0 ) days from the date of the Architect's invoice. Amounts unpaid Thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (lnse~ r~te o£inter~t sg~ved upon.) 10% Per Year (IJ~ury law am! .,'equ3'eme~ts under t~e Fefferal Tr~ in ]~ndi~ Ac~ .EmEar aUtte arm lacal consumer cz~'t and ot~er ~'~uJatt'ons at ~e O~,~er's aad ~chftect's p.r~cj~:~al plac~ of bualne.~, ~e location of ~e p.,oject and elsewhere rosy affect ~e val/dity o£t1=¥ provlnbn. $~cJ. qc legal sdffce should be ohm'ned wflfi re~pect to delettbns or m~'Kcat/o~s, sad also reganff~g requfrement~ such ~ vffftten disclosures or waivers.) This document bas important legal consequences. ¢or~ultation with an 1.5.9 If t~te services covered by this Agreement have not been completed withba Twenty- attorney is encouraged with respect to four ( 24 ) laonths of the date hereof, through no fault of the Architect, extemiun of the its completion or modification. AUTHENTICATION OF THIS Architect's services beyond that time shall be compensated as pro/~ed in Paragraph 1.5.2. ELECTRONICALLy DRAFTED AIA OWNER (s/gn,,,~) CA'J~cr f~fft~ Robert Martin try W, M~ffe-r, Presid eat (Fdmted n~me ~nd fi~eJ ( ' t~N~ and dde) © 1997 AIA® AIA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D,C. 20006-5292 © 1917, 1926, 1948, 1S,51, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architecls. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopyin8 violates U.S. copyright laws and will '~ject the violator to legal prosecution. This document was electronically produced with permission of the ~ and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: evwd.aia -- 10/2/2003. AIA License Number 1104647, which expires on 4/30/2004. 11 1997 Edition - Electronic Format AIA Document 6141 - 1997 Standard-Eormx f-Architectts emic-e-s - ..... Design and Contract Administration This document has important legal TABLE OF ARTICLES consequences. Consultation with an attorney is encouraged with respect to its commotion or modification. 2.1 PROJECT ADMINISTRATION SERVICES AUTHENTICATIOND£THI5 ELECTRONICALLY DRAFTED AIA 2.2 SUPPORTING SERVICES DOCUM£NT MAY BE MADE BY U$1N6 ~VA DOCUM£NT O~O1. 2.3 EVALUATION AND PLANNING SERVICES 2.4 DESIGN SERVICES 2.5 CONSTRUCTION PROCUREMENT SERVICES 2.6 CONTRACT ADMINISTRATION SERVICES 2.7 FACILITY OPERATION SERVICES 2.8 SCHEDULE OF SERVICES 2.9 MODIFICATIONS ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES 2.1.1 The Architect shall manage the Architect's services and administer the Project. The Architect shall comu]t with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and issue progress reports. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by the Owner and the Owner's consultants. ~ 2.1.2 When Project requirements have been sufficiently identified, the Architect shall ~ prepare, and periodically update, a Project schedule that shall identify milestone dates for decisions required of the Owner, design services furnished by the Architect, completion of documentation provided by the Architect, commencement of construction and Substantial l Completion c,fthe Work. © 1997 AIA® AIA DOCUMENT B141 - 1997 2.1.3 The Architect shall consider the value of alternative materials, building systems and STANDARD FORM AGREEMENT equipment, together with other considerations based on program, budget and aesthetics in developing the desi~_,-1 for the Project. The American institute of Architects 1735 New York Avenue N.W. 2.1.4. Upon request of the Ow-o_er, the Architect shall, ma~e a presentation to ex~la~ the Washington, D.C. 20006-5292 design of the Project to representatives of the Owner. © 1917, 1926, 1948, 1951, 1953, 1958, lgE1, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 b~/The American Institute of Architects. Reproduction of the material herein or substantial quotation ot its provisions without written permission of the AIA violates the copyright laws of the United States and wi][ subject the violator to legaJ prosecution. WARNING: Unlicensed photocopy[n8 violates U.S. copyright laws and wi[I ubject the violator to legal prosecution. This document was electronically produced with permission of the ~I~rMA and can be reprodured in accordance with your license without violation until the date of expiration as noted below. User Document: evwd,aia -- 10/2/2003. AIA License Number 1104647, which expires on 4/30/2004. 12 2.1.5 The Architect shall submit design documents to the Owner at intervals appropriate to the design process for purposes of evaluation and approval by the Owner. The Architect shall be entitled to rely on approvals received from the Owner in the further development of the design. 2.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having iurisdiction over the Proiect. 2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK 2.1.7.1 When the Project requirements have been sufficiently identified, the Architect shall prepare a preliminary estimate of the Cost of the Work This estimate may be based on current This document ha~ important legal area, volume or similar conceptual est/mat.Lng techniques. As the design process progresses consequences. Consultation with an through the end of the preparation et'the Construction Documents, the Architect shall update attorney is encouraged with respect to and refine [he preliminary estimate of the Cost of the Work. The Architect shall advise the its completion or modification. Owner of an.y adjustments to previous estimates of the Cost of the Work indicated by changes AUTHENTICATION OF THIS in Project requirements or general market conditions. If at any time the Architect's estimate of ELECTRONICA!ZY D~?TED the Cost of the Work exceeds the Owner's budget, the Architect shall make appropriate DOCUM£NTMAYBEMAOEBYU$1N6 recommendations to the Owner to adjust the Project's size, quality or budget, and the Owner AIA DOCUMENT D40L shall cooperate with the Architect in making such adjustments. 2.1.7.2 Evaluations of the Owner's budget for the Project, the preliminary estimate of the Cost of the Work and updated estimates of the Cost o£ the Work prepared by the Architect represent the Architect's judgment as a design professional famffiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect ca~mot and does not warrant or represent that bids or negotiated price~ will not vary from the Owner's budget for the Proiect or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. 2.].7.3 In preparing estimates of the Cost of the Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. If an increase in the Contract Sum occurring a~er execution of the Contract between the Owner and the Contractor causes the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly. 2.1.7.4 If hidding or negotiation has not commenced within 9o days alter the Architect submits the Construction Documents to the Owner, the budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the construction industry. 2.7.7.5 If ti~e budget for the Cost of the Work is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: · 1 give written approval of an increase in the budget for the Cost of the Work; © 1997 ^IA® .2 authorize rebidding or renegotiating of the Project within a reasonable time; AIA DOCUMEI~ B141 - 1997 .3 terminate in accordance with Subparagraph ~.5.8.5; or STANDARD FORM AGREEMENT .4 cooperate in revising the Project scope and quality as required to reduce the Gnst oftbe Work. The American Institute of Architects 1735 New York Avenue N.W. 2.1.7.6 If the Owner chooses to proceed under Clause 2.1.7.5,4, the Architect, without Washington, D.C. 20006-5292 additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the budget for the Cost of the Work. The © 1917, 1926, ~948, 1951, 1953, 1958, 1961, 1963, 7966, 1967, 1970, 1974, 1977, 1987, ~ 1997 by The American Institute of Architacts. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subiect the violator to legal pl'osecution. WARNING: Unlicensed photocopying violates U.S. copyright Jaws and will ~lllf~Ub eot the violator to [egal prosecution. This document was electronically produced with permission o~ the A[A and can be reproduced in accordance with your license without violation unti the date of expiration as noted below. User Document: evwd.aia -- 10/2/2003. AIA License Number ~o4647, which expires on 4/30/2004. 13 modification of such documents shall be the limit of the Architect's responsibility under this Paragraph 2a.7. The Architect shall be entitled to compensation in accordance with this A~'eement fbr all services pert'ormed whether or not construction is commenced. ~ ARTICLE 2.2 SUPPORTING SERVICES 2.2.1 1tin,ess specifically designated in Paragraph ~8.3, the services in this Article 2.2 shall be provided by the Owner or the Owner's consultants ~.nd contractors. 2.2.1.1 The Owner shall furrdsh a program setting forth the Owner's objectives, schedule, constraints s:nd criteria, including space requirements and relationships, special equipment, systems and site requirements. This document has important legal 2.2.1.2 The Owner shall furnish surveys to describe physical characteristics, legal limitations consequences. Consultation with an and utility locations for the site of the Project, and a written legal description of the site. The attorney is encouraged with respect to suzveys and legal intormatinn shall include, as applicable, grades and lines of streets, alleys, its completion or modification. pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, AUTHENTICATION OF THIS easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; ELECTRONICALLYDRAFTED/VA locations, dimensions and necessary data with respect to existing buildings, other DOCUMENT MAY BE MADE BY U$1NG improvements and trees; and information concerning available utility services and lines, both /VA DOCUMENTD401. public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Proiect benchmark. 2.2.1.3 The Owner shall furnish services of geotechnical engineers which may inchide but are not limited to test borings, test pits, determinations of soil beating values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. ARTICLE 2.3 EVALUATION AND PLANNING SERVICES 2.3.1 The Architect shall provide a preliminary evaluation of the information furnished by the Owner under this Agreement, including the Owner's program and schedule requirensents and budget for the Cost of the Work, each in terms of the other. The Architect shall review such in.Formation to ascertain that it is consistent with the requirements of the Project and shall notify the Owner of any other information or consultant services that may be reasonably needed ['or the Project. 2.3.2 The Architect shall provide a preliminary evaluation o[' the Owner's site for the Project based on the irfirormation provided by the Owner o['site conditions, and the Ownar's program, schedule and budget for the Cost oi~the Work. 2.3.3 The Architect shall review the Owner's proposed method of contracting for construction services and shall noti[y the Owner of anticipated impacts that such method may have on the Owner's program, financial and time requ/rements, and the scope o£the Project. ARTICLE 2.4 DESIGN SERVICES 2.4.1 The Architect's design services shall include normal structural, mechanical and electrical engineering services. © 1997 AIA® AIA DOCUMENT B141 - 1997 2.4.2 SCHEMATIC DESIGN DOCUMENTS STANDARD FORM AGREEMENT 2.4.2.1 The Architect shall provide Schematic Design Documents based on the mutually agreed-upon program, schedule, and budget for the Cost of the Work. The documents shall The American Institute of Architects establish the conceptual design of the Project illustrating the scale and relationship of the 1735 New York Avenue N.W. Project components. The Schematic Design Documents shall include a conceptual site plan, if Washington, D.C. 20006~5292 appropriate, and preliminary building plans, sections and elevations. At the Architect's option, the Schematic Design Documents may include study models, perspective sketches, electronic © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977,, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written percnission of the AIA violates the copyright laws of the United States and wi[[ subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will Jbject the violator to legal prosecution. This document was electronically produced with permission of the ~I~IA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: evwd.sia - 10/2/2003. AIA License Number 1104647, which expires on 4/30/2004. 14 modeling or combinations of these media. Pralimtnar~ selections of maior building systems and construction materials shall be noted on the drawings or described in writing. 2.4,3 DESIGN DEVELOPMENT DOCUMENTS 2.4.3.1 ~e Architect shall provide Design Development Documents based on the approved Schematic Design Docunaants and updated budget for the Cost of the Work. The Design Development Documents shall illustrate and describe the refinement of the design of the Project, establ/sh/ng the scope, relationships, forms, size and appearance of the Project by means of plums, sections and elevations, typical conStrUct/On details, and equipment layouts. The Design Development Documents shall include specifications that identify major materials and systems and establish in general the/r quality levels. 2.4.4 CONSTRUCTION DOCUMENTS rhisdocurnenthasim~rtantlesel co~equences. Cor~uhation with an 2.4.4.1 The Architect shall provide Construction Documents based on the approved Design attorney is encouraged with respect to Development Documents and updated budget for the Cost of the Work. The Construction its comt~etion or modification. Documents shall set forth tn detail the requirements for construction of the Project. The AUTHENTICATION OF THIS Construction Documents shall include Drawings and Specifications that establish in detail the ELECTRONICALLY DRAFTED ,ada quality levels of materials and systems required for the Project. DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D40I. 2.4.4.2 During the development of the Gonstruction Documents, the Architect shall assist the Owner in the development and preparation of: (ti bidding and procurement information which describes the time, place and conditions of bidding; bidding or proposal forms; and the form of agreement between the Owner and the Gontractor, and (2) the Conditions of the Contract for ~.onstructmn (General, Supplementary and other Condibons). The Architect also shall compile the Project Manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES 2.5.1 The Architect shall assist the Owner tn obtaining either competitive bids or negotiated proposals and shall assist the Owner in awarding and preparing contracts for construction. 2.5.2 The Architect shall assist the Owner tn establishing a list of' prospective bidders or contractors. 2.5.3 The Architect shall assist the Owner in bid validation or proposal evaluation and determination oft he successful bid or proposal, if any. If requested by the Owner, the Architect shall notify all prospective bidders or contractors of the bid or proposal results. 2.5.4 COMPETITIVE BIDDING 2.5,4.1 Bidding Documents shall consist of bidding requirements, proposed contract forms, ~ General Conditions and Supplementary Conditions, Specifications and Drawings. .~. 2.5.4.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Bidding Documents for distribution to prospective bidders. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses, mm 2.5.4.3 If requested by the Owner, the Architect shall distribute the Bidding Documents to o 1997 AIA® prospective bidders and request their tatum upon completion of the bidding process. The AIR DOCUMENT B141 - 1997 Architect shal]: maintain a log of distribution and retrieval, and the amounts of deposits, if any, STANDARD FORM AGREEMENT received from and returned to prospective bidders. The American Institute of Architects 1735 New York Avenue N.W. 2.5.4.4 The Azchitect shall consider requests for substitutions, it permitted by the Bidding Washington, D,C. 20006-5292 Documents, ~md shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. ~) 1917, 1926, 1948, 1951, 1953, 1958, t961, 1963, 1966, 1967, 1970, 1974, 19/7, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written perlllission of the AIA violates the copyright laws of the United States and will subject the vio)ator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will ~l~ubiect the violator to legal prosecution. This flocu~qent was electronically produced with permission oF the IA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: evwd.aia -- 10/2/2003. AIA License Number 1104647, which expires on 4/30/2004. 15 2.5.4.5 The Architect shall participate in or, at the Owner's direction, shall organize and conduct a pre-bid conference for prospective bidders. 2.5.4.6 The .Architect shall prepare responses to questions from prospective bidders and provide cla~ffications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda. 2.5.4.7 The Architect shall participate in or, at the Owner's direction, shall organize and conduct the op~g of the bids. The ArChitect Shall subsequently document and distribute the bidding results, as directed by the Owner. 2.5.5 NEGOTIATED PROPOSALS this document has important legd 2.5.5.1 Proposal Documents shall consist of proposal requirements, proposed contract forms, consequences. Consultation with an General Conclitions and Supplementary Conditions, Specifications and Drawings. attorney is encouraged with respect to its completion or modification. 2.5.5.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction AUTHENFICATION OF THIS of Proposal Documents for distribution to prospective contractors. The Owner shall pay ELECTRONICALLY DRAFTED /VA directly for the cost or'reproduction or shall reimburse the Architect for such expenses. DOCUMENT MAY BE MADE BY USING /VA DOCUMENT IMOL 2.5.5~3 If requested by the Owner, the Architect shall organize and participate in selection interviews with prospective contractors. 2.5.5.4 The Architect shall consider requests for substitutions, if permitted by the Proposal Documents, and shall prepare and distribute addenda idanti~ing approved substitutions to all prospective contractors. 2.5.5.5 If requasted by the Owner, the Architect shall assist the Owner during negotiations with prospective contractors. The Architect shall subsequently prepare a summary report of the negotiation results, as directed by the Owner. ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES 2.6.1 GENERAL ADMINISTRATION 2.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Gontractor as set forth below and in the edition of AIA Document A2ox, General Conditions of the Gontract for Construction, current as of the date of this Agreement. Modifications made to the General Conditions, when adopted as part of the Gontraet Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. 2.6.1.2 The Architect's responsibility to provide the Contract Administration Services under ~ this Agreement commences with the award of the initial Contract for Construction and ~ terminates at the issuance to the Owner of the final Certificate for Payment. However, the Architect shall be entitled to a Change in Services in accordance with Paragraph 2.8.2 when Contract Adrainistration Services extend 6o days after the date of Substantial Completion of the Work. ~ 2.6.1.3 TheArchitectshallbearepresentativeofandshalladviseandconsultwiththeOwner ©1997 AIA~ during the provision of the Contract Administration Services. The Architect shall have AIA DOCUMENT B141- 1997 authority to act on behalf of the Owner only to the extent provided in this Agreement unless STANDARD FORM AGREEMENT otherwise modified by written amendment. The American institute of Architects 1735 New York Avenue N.W. 2.6.1.4 Duties, responsibilities and limitations of authority of the Architect under this Article Washington, D.C. 20006-5292 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent ~ not be unreasonably withheld. © I917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction o1 the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will :ubject the violator to legal prosecution. This document was electronically produced with permission of the ~llll~lA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: evwd.ala -- 10/2/2005. AIA License Number 1104647, which expires on 4/50/2004. 16 2.6.1.5 The Architect shall review properly prepared, timely requests by the Contractor for additional :information about the Contract Documents. A pwperly prepared request for additional information about the Contract Documents shall be in a form prepared or approved by the Architect and shall include a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. 2.6.L6 If deemed appropriate by the Architect, the Architect shall on the Owner's behalf prepare, reproduce and distribute supplemental Drawings and Specifications in response to requests for information by the ConiractOr~ 2,6.L7 Th,., Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests sh~l be This document ha~ important legal consequences. Consultation with an made in wril~ng within any Lime LLmits agreed upon or otherwise with reasonable promptness, attorneyis encouraged with respect to its completion or modification. 2.6.1.8 Interpretations and decisions of the Architect shall be consistent with the intent of AUTHENTICATION OF THIS and reasonably inferable ~-om the Contract Documents and shall be in writing or in the £orm of E~CTRONICAU_y DRAFTED ArA drawings. When making such interpretations and initial decisions, the Architect shall endeavor DOCUMENT MAY BE MADE BY USING to secure £a~thful performance by both Owner and Contractor, shall not show partiality to A~ADOCUMENrD401. either, and shall not be liable for the results of interpretations or decisions so rendered in good f~ith. 2.6.1.9 The Architect shall render i~itial decisions on claims, disputes or other ma'~ters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Gontraet Documents. 2.6.2 EVALUATIONS OF THE WORK 2.6.2.1 The Architect, as a representative of the Owner, shail visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 2.8, 0) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against detects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or £or safety precautions and programs in connection with the Work, since these are solely the Contractor's iights and responsibilities under the Contract Documents. 2,6.2.2 The Architect shall report to the Owner known deviations from the Contract .~ Documents and from the most recent constmctinn schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or mine charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the © 1997 AIA® Work. AIA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT 2.6.2.3 The Architect shall at all times have access to the Work wherever it is in preparation or The American Institute of Architects progress. 1735 New York Avenue N.W. Washington, D.C. 20006-5292 2.6.2.4 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor © 1917, 1926, 1948, '[951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, ~ 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written perrnlssion of the AIA violates the copyright laws of the United States and will subject the violator to legal prasecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will bject the violator to legal prosecution. This document was electronically produced with permission of the ~i~tA and can be reproduced in accordance with your I~cense without violation unit! the date of expiration as noted below. User Document: evwd.aia -- 10/2/2003. AIA License Number 1104647, which expires on 4/30/2004, 17 through the Architect about matters arising out of or relating to the Contract Documents. Communicatinm by and with the Architect's consultants shall be through the Architect. 2.6.2.5 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, ndther this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such- authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. 2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR thisdocumenthasimportantlegd 2.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue consequences. Consultation with an attorney is encouraged with respect to Cezq.~cates for Payment iv. such amounts. The Architect's certJJication for payment shall its completion or rnodification. constitute a representation to the Owner, based on the Architect's evaluation of the Work as AUTHENTICATION OF THIS provided in Paragraph 2.6.2 and on the data comprising the Contractor's Application for EtECTRONICALLYDRAFT£DAIA Payment, that the Work has progressed to the point indicated and that, to the best of the OOCUM£Nr MAY B£ ~£ BY USING Architect's knowledge, information and belief, the quality of the Work is in accordance with AIA ~OCUM£NT D40L the Contract Documents. The foregoing representations are subject (0 to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations fi:om the Gontract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. 2.6.3.2 The issuance of a Gertificate for Payment shall not be a representation that the Architect has (0 made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.3.3 'Ehe Architect shall maintain a record of the Contractor's Applications for Payment. 2.6.4 SUBMITTALS 2.6.4.1 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with hnformation given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, ~ Contractor or separate contractors, while allowing sufficient time in the Architect's professional .~[~ judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as requixed by the Contract ~ Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, © 1997 AIA® sequences or procedures. The Architect's approval of a specific item shall not indicate approval AIA DOCUMENT B14~ - 1997 of an assemb]~y of which the item is a component. STANDARD FORM AGREEMENT 2.6.4.2 The Architect shall maintain a record of submittals and copies of submittals supplied The American Institute of Architects 1735 New York Avenue N.W. by the Contractor in accordance with the requirements of the Contract Documents. Washington, D.C. 20006-5292 2.6.4.3 It professional design sendces or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, '[966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Archltacts. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the ~III~AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: evwd.aia -- 10/2/2003. AIA License Number 1104647, which expires on 4/30/2004. 18 Documents, the Architect shall specify appropriate performance and design criteria that such services must sat/fly. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacg, accuracy and completeness of the services, certifications or approvals performed by such desil~ professionals. 2.6.5 CHANGES IN THE WORK 2~6~5~1 The Architect shall prepare Chahge Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. The Architect may authorize minor changes in the Work not involving an adjustment in Contract Sum or an e~tension of the Contract Time which are consistent with the intent of the Contract Documents. If necessary, the Architect shall prepare, reproduce and distribute Drawings and This docurnent hes important legal Specifications to describe Work to be added, deleted or modified, as provided in Paragraph consequences, consultation with an attorney is encouraged with respoct to 2.8.2. #$ completion or modification. AUTH£N'fICATION OF THIS 2.6.5.2 The Architect shall review properly prepared, timely requests by the O,~aer or ELECTRONICALLY DRAFTED AIA Contractor tbr changes in the Work, including adjustments to the Contract Sum or Contract DOCUr, IE~Vr MAY BE MADE BY USING Time. A properly prepared request for a change in the Work shall be accompanied by sufficient AIA DOCU~4£~Vr D401. supporting data and information to permit the Architect to make a reasonable determination without extensive investigation or preparation of additional drawings or specifications. If the Architect determines that requested changes in the Work are not materially different from the requirements of the Gontract Documents, the Architect may issue an order for a minor change in the Work or recommend to the Owner that the requested change be denied. 2.6.5.3 If t~he Architect determines that implementation of the requested changes would result in a material change to the Contract that may cause an adjustment in the Contract Time or Contract Sum, the Architect shall make a recommendation to the Owner, who may authorize further investigation of such change. Upon such authorization, and based upon information furnished by the Contractor, if any, the Architect shall estimate the additional cost and time that might result from such change, including any additional costs attributable to a Change in Services of the Architect. With the Owner's approval, the Architect shall incorporate those estimates into a Change Order or other appropriate documentation for the Owner's execution or negotiation with the Contractor. 2.6,5.4 The Architect shall maintain records relative to changes in the Work. 2.6.6 PROJECT COMPLETION 2.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Gontractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shah issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. 2.6.6.2 The Architect's inspection shall be conducted with the Owner's Designated Representative to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor © ]997 AIA® AIA DOCUMENT B141 - 1997 of Work to be. completed or corrected. STANDARD FORM AGREEMENT 2.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the The American Institute of Architects Owner about the balance of the Contract Sum remaining to be paid the Contractor, including 1735 New York Avenue N.W. any amounts needed to pay for final completion or correction of the Work. Washington, D.C. 20006-5292 2.6.6.4 The Architect shall receive from the Contractor and forward to the Owner: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final © 1917, 1926, 1948, 1951, 195:~, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AtA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will ~f~.ubiect the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. Use~' Document: evwd.aia -- 10/2/2003. AIA License Number 1104647, which expires on 4,'30/2004. 19 payment and (2) affidavits, receipts, releases and wdvars of liens or bonds indemnifying the Owner against liens. ARTICLE 2,7 FACILITY OPERATION SERVICES 2.7.1 The Architect shall meet with the Owner or the Owner's Designated Representative promptly after Substantial Completion to review the need for facility operation services. 2~7.2 Llpon request ofthe Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall conduct a meeting with the Owner and the Owner's Designated Representative to review the facility operations and performance and to make appropriate recommendations to the Owner. ARTICLE 2.8 SCHEDULE OF SERVICES rhis document has important legal cotsequences. Co~ultation with an 2.8.1 Design and Contract Administration Services beyond the following limits shall be attorney is encouraged with respect to provided by the Architect as a Change in Services in accordance with Paragraph 1.3.3: its completion or modification. .1 up to ( ) reviews of each Shop Drawing, Product Data item, sample and similar AUTH'iNTtCArION 0~: rills submittal of the Contractor. ELECTRONICALLY DRAFTED ,adA .2 upto ( )visitstothesitebytheArchitectoverthedurationoftheProjectduring DOCUM~Nr~¥RE~Ea¥O$#VG construction. .,'VA DOCUMENT D40L .3 up to ( ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents. .4 up to ( ) inspections for any portion of the Work to determine final completion. 2.8.2 The following Design and Contract Administration Services shall be provided by the Architect as a Change in Services in accordance with Paragraph ~.3.3: · 1 review of a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 responses to the Contractor's requests for information where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner?rovided information, Contractor- prepared coordination drawings, or prior Proiect correspondence or documentation; .3Change Orders and Construction Change Directives requiring evaluation of proposals, including the preparation or revision of Instruments of Service; .4 providing consultation concerning replacement of Work resulting from fire or other cause during construction; .5 evaluation of an extensive number of claims submitted by the Owner's .consultants, the Contractor or others in connection with the Work; .6 evaluation of substitutions proposed by the Ovmer's consultants or contractors and making subsequent revisions to Instruments of Service resulting therefrom; .7' preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; or .8 Contract Administration Services provided 60 days after the date of Substantial Completion of the Work. © 1997 AIA~ 2.8.3 The Architect shall furnish or provide the following services only if specifically AIA DOCUMENT 8141 - 1997 designated: STANDARD FORM AGREEMENT Services Responsibility Location of Service The American Institute of Architects (Architect. Ore, er o.r/got P. rovMed)Description 1735 New York Avenue N.W. Washington, D.C. 20006-5252 .] Programming N.P .2 Land Survey Services N.P. © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 7970, 1974, 1977, 1987, © 1997 byThe American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will ~ll~ibject the violator to legal prosecution. This document was electronically produced with permission of the A and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: evwd.aia -- 10/2/2003. AIA License Number 1104647, which expires on 4/3012004. 20 .5 Geotechnlcal Services N.P. · 4 Space Schematics, Flow Diagrams N.P. · 5 ExJst~g Facilities Surveys N,P. .6 Economic Feasibi!ityStudies N.P. .7 Site Analysis and Selection N.P. .8 EnvTxonmental Studies and N.p. Repo~ .9. Ownar:Suppliedpata_ N.P. Coordination aG Schedule Development anti Architect Mmdtoring .n Civ[[ Design ArchRect 'fhi$ document h~$ important le~a/ .m LancLscape Design Architect con~ecluence~,¢or~ultafionw#han a~ Interior Design - FiDishes A[¢hitect ~ttorne),~encour~edwithrespeato · 14 Special Bidding or N'egotiation N.P. its completion or modification. a5 Value An~dysL~ N.P. AUTHENTICATION OF THIS .~6 Detailed Cost Estimating N.P. EL£CTRONICALLYDRAFTEDA/A · 17 On-Site Proiect Representation Architect DOCUMENT ;WAY 6£ MADE BY USING Weekly /~A DOCUMENT D40L .18 Comtmction Management Architect Payroll Approval · 19 Start-up Assistance N.P. .xo Record Drawings A~chitect m Post.-Contmct E~mluation N.P. .~ Tenant-Ralated Sendces Architect Furniture Specification .~ Audio-V~sual Engineering for Architect ~o~rd Room & Closed Session Description of Sen'ices. ARTICLE 2.9 MODIFICATIONS 2.9.1 Modifications to this Standard Form of Architect's Services: Design and Contract Adrainistra~J on, if any, are as follows: By its execution, this Standard Form of Architect's Services: Design and Contract Administration and modifications hereto are incorporated ~to the Standard Form of Agreement 3etween the Owner and Architect, ALA Document B~41-1997, that was entered into by the parties as of the date: .--~/~ ~-~'~"~N / © 1997 AIA® OWNER {$1gn~ture} STANDARD FORM AGREEMENT The American Institute of Archilect.~; 1719 New York Avenue © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: evwd.aia -- 10/2/2003. AIA License Number 1104647, which expires on 4/30/2004. 21 This document has important le~d consequences. Consultation with an af?orney is encoura~e~ with respect to its completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED/VA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. © 1997 AIA® Al^ DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292 © 1917,, 1926, 1948, 1951, 19S3, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopyin8 violates U.S. copyright laws and will 'ubject the violator to legal prosecution. This document wes electronically produced with permission of the ~iII~IA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: evwd.aia -- 10/2/2003. AIA License Number 1104647, which expires on 4/30/2004. 22 '-' san s6 na d no pUB[IC 6mptoy66s 3,sSOCl tlOn E~t Valley Water Dis~ct 1155 D~I Rosa Avenue S~ Bem~no, Ca. 92418 Dear Mr. Martin: The Board of Directors for the San Bemardino Public Employees Association is holding its third Annual Benefit Golf Tournament at Shandin Hills Golf Course on October 24, 2003. This year's event will be to support the numerous charity organizations that the Association contributes to throughout the year. The organizations include: The Diabetes's Foundation, For Kid's Sake, Children's Fund, local DARE programs and the Youth Justice League to name a few. On behalf of the Board of Directors we are asking for help and support of this worthy cause through your generous donations of cash, raffle prizes, gifts, girl certificates, tee prizes, or tee sponsorships to make this event as big a success as possible. We are proud of the service we have been able to provide to our members and their families and grateful to be associated with individuals and organizations such as yourself, and appreciate your support for this worthwhile benefit. Sincerely, Dan Long Staff Advisor/Tournament Chairman DL/szn The San Bernardino Public Employees Association's 3rd Annual Golf Tournament Format: Shandin Hills Golf Course San Bernardino 4 Person Scramble Friday, October 24, 2003 Awards 6:30 a.m. Check-In Lunch 8:00 a.m. Shotgun Start Refreshrnents Awards and Lunch at Club House Tee Prizes Immediately following tournament Raffle Prizes ~ ~'~~~..~~ Hole-In-One Contest Longest Drive Win a Car Closest to the Pin ~~.. ~ * Tee Sponsors $100.00' Tournament Registration Entry Fee: $65.00, Entry fee includes: Cart, Green fees, Buffet Lunch & Refreshments. Payment & Registration Deadline: October 8, 2003 Register between now & October 1 to receive a FREE 2 for 1 coupon for a practice roundl For Information contact Dan Long at: (909) 889-8377 or (877) 312-3333 or E-Mail dlon.q~sbpea.com SBPEA 3rd Annual Benefit Golf Tournament And Fundraiser Name: Entry Fee(s) $65.00 per Golfer = $ Address: Tee Sponsor - $100.00 = $ City: Phone: Total Enclosed = $ Foursome Par[nets/Cart Partner: (Please print) Make checks payable to SBPEA GOLF. Send to PO Box 432 San Bernardino CA. 92402. Attn: Dan Long East Va ' ey Water District October 10, 2003 MEMORANDUM To: Board of Directors ~ From: Robert E. Martin, General Manager Subject: Expense Reimbursement I recently attended a WESTCAS sponsored lobbying trip to Washington, D.C. (September 20 -24 ). WESTCAS typically orgamzes these trips through their Budget CorrLmittee for which I am the current chairman. I made my travel plans early and had planned on returning early Wednesday morning. My wife, Elaine, was also traveling with me as she often does. The appointments for our meetings are typically arranged by Peter Carlson, the Washington, D.C. representative for WESTCAS. A few days prior to my departure, Peter informed me that he had made an appointment for our group with Congressman Richard Pombo, who is the current chairman of the House Resource Committee. The purpose of this meeting was to ask him to sponsor our Clean Water Act amendments which Westcas has been working on for many years. Unfortunately, the appointment with Mr. Pombo was at 11:00 a.m. on Wednesday, which I would not have been able to attend because of my travel arrangements. Peter asked if I could reschedule my flight to attend this meeting with Mr. Pombo. He felt that it was extremely important to have both Bom'd Members of WESTCAS and fellow Californians attend. I did, in fact, reschedule my flight at an additional cost of $160 and did attend the meeting. The purpose of this agenda item is to request the Board's consideration for the payment of my wife's rescheduled flight which was also $160. Your consideration of this request is appreciated. Attachment KM:¢tb <,,J~ II I 1' E B PASSENGER TICKET AND BAGGAGE CHECK ~ II II I 1' E D ~T..Ch~I~S~ESC~a~O..~O.~.~^WA~C~*.~(~LE ETKT PASSE'ER RECEIPT SITI ~~ ~ ............ ,,, sm DUP TE 21002 104 " ----- 0 3 ~ ~INOT U~L[D FOR II THIS IS YOUR RECEZPT ~. ~ B~[BENUR1295 ~24SEP ~ a$ S .35 Em Z~N ~ 12.00ZP 1G.SOX~3~.6~4.5~.~ AIC 160~OO~ ~100. ~w~w~w~T,~T~ ~ ~ ~,~ XT2B.50 02791086292' 0 016 2100258104 I 0 016 2100258104 1 US0279.00 RELEASES OF LIEN OCTOBER 6, 2003 ACCOUNT OWNERS PROPERTY AMOUNT --N[IMBER- NAMe- --' ADDRESS OWED'- 1. 0040171-02~ $131.56 2. 0420183-01 $ 18.81 3. 0430092-01 $ 18.70 4. 0742344-02: $ 11.80 5. 0810083-0(3, $ 26.70 6. 0830088-0n, $126.90 7. 0920097-04 $ 82.61 TOTAL $ 417.08 +PAID THROUGH TAX ROLLS Page 1 of 1 V SPECIAL DISTRICT ADMINISTRATION USING THE LATEST TECHNOLOGY AND PROVEN ~-II~[~$1}I[e!,JES TO BECOME THE BEST For Board Members, Managers, Secretaries and Senior Staff of Special Districts, Cities, Counties and Non-Profits A Special District Institute Seminar · The best seminar on district administration ~--~- Updated · Completely updated -- the latest information · Addeesses your needs with p~actical advice you can use immediately This is the third ina serxes-- of tl~ree seminars designed to give you the tools needed to deal with thee challenges facing your district. This seminar incorporates learning and discussion on the latest techniques and technology for effective adrr~nistrafion. Try it - You'll walk away richer for it Catamaran Resort San Diego, CA October 16-17, 2003 _Accompanying Workshops offered Oct. 15t* and Oct. Wednesday, Oct. 15th Saturday, Oct. 18th · l~'"]~lll~h,~ Better Board/Manager Board Secretaries Relationships Workshop Workshop ~,' better com~nunlcation between the Board and Manager Geared specifically to d~e challenges {:acing your position Special District' ' ' Adm mstranon For Board Members, Managers, Secretaries and Senior Staff... PROGRAM SCHEDULE Special districts can experience serious problems Wednesday, Oct. 15 - Optional Workshop unless they have the necessary tools to build and ] 9:00 - 4:00 I Building Better Board/Manager Relationships [ maintain a successful district. Too often, district Thursday, Oct. 16 - Seminar Day 1 leaders may be unaware of approach/ag concerns 7:30 - 8:00 a.m. Registration and Contlnental Breakfast or problems until it is too late to deal with them. 8:00 - 8:15 Introductions & Opening Remarks 8:15 - 9:30 Principles for Successful District Administration This seminar provide:5 valuable tools for policy 9:45 - 11:00 Collaborative Negotiations and Decision Makin~ makers and managers to reach your goals and 11:15 - 12:30 Workshop 1 - Administration Principles achieve success in yotrr district. You w/II learn the Workshop 2 - Negotiations and Decision Making new advances in information technology to support 12:30 - 1:45 Keynote Luncheon your leadership in/datives and increase district 1:45 - 3:15 Guidelines for Human Resource Strategies performance, topics ~.aclude: 3:30 - 4:45 Workshop 1 - Human Resource Strategies Workshop 2 - Purchasing Power · Strategic Management -4:45 - 5:45 Networking Reception · Decision Mak/ng Friday, Oct. 17 - Seminar Day 2 · Human Resources 7:30 - 8:00 a.m. Continental Brealdast '~,a~ ' Board Packages 8:00 - 9:30 Executing the Strategy - Road Map to Success · Records Management 9:30 - 10:30 Effective Board Packages · Negotiations & Purchasing 10:45 - 12:00 Workshop 1 - Executing the Strategy Workshop 2 - Benefits of Imaging Technology 12:00 - 1:15 Luncheon: Presentation of Cert~icates REGISTER NOW - 800-45%0237 1:15- 2:45 HidnR and Keeping Great Employees 3:00 - 4:15 Workshop 1 - Paperless Agenda ~?~ '~'~:'~ "~ ? ~ '-?..; :~:'L;: ~z;'rz~Z:~;':~.~,~:~'~¢?~?~?~:~'~ .~ Workshop 2 - Hi.ring and Keeping Great Employees ~li6fi~f~Y-l-~;~i:itteixaed ~iBt~'~¢~ 2:; 4:15 - 4:30 wrap-up Session: Successful District Administration .rogram~oyeF: the past 30~ve~rs'g-~All~mstruefors ~:: Saturday, Oct. 18 - Optional \Vorkshop re :e~..e4~.~tieeit~and pracuc~ng authormes m ,..'7~:;;: ] 9:00 - 4:00 ] Board Secretaries Workshor~ I Two Optional Workshops Offered ~ Better Board/Manager :'l~am,m~mfl~,,k.'l Board Secretaries Workshop Donoa Bartlett-May, Helix Water District Glenn M. Reiter, Reiter Lowry Consultants Robert Rauch~ Rauch Comnmnication Consultants Vernlce Hartman, San Diego County Water Authority Kristine Kwong~ Liebert Cassidy Wlfitmore ~I-I~w YOU'LL LEARN... WHAT YOU'LL LF~M/N... · .,,.,,~ things can go '0trong · Board Secretary's role with the Board, Public, and Staff · Six keys to better Board-Manager relationships · How to make the agenda and minutes work together · The best roles for Board Members and Managers · Preparation for and facilitation of controversial Board meemags · How to reduce frust~rafion and build great communication · New Board member orientations - what to include and trust · Gracef-ally handling unique situations faced by Board Secretaries OCTOBER 2003 - ENROLLMENT FORM FAX: 760-643-1761 * PHON]~i: 800-457-0237 or 760-643-1760 PO Box 769 * Bonsall, CA 92003-0769 ~' Name: Tide: Agency~ Mailing Address: For Official Use Only City: State: Zip: Phone: Fax: E-mai1: Website: Guest Name:: (A) $295 Budding Better Board/Manager Relationships Workshop (B) $295 Board Secretaries Workshop (C) ___ $565 Special District Administration Seminar (Two Days) O (D) __ $785 Seminar + Workshop ($75 savings) Select One: __ Board/Manager Relationships or __ Board Secretaries (E) $985 Serninar + both Workshops ($170 savings) (F) $119 Order Handbook Only - Building Better Board/Manager Relationships (G) __ $119 Order Handbook Only - Board Secretaries (H) $199 Order Handbook Only - Special District Administration Seminar (~andbooks will be shipped the meek after the event) ti) $ 50 Spouse/Guest Meal Package for Workshop 0) . $100 Spouse/Guest Meal Package for Seminar I~ , 10% Discount for attendance for 5 or more from same District · $25.00 l:~arly registration discount (must receive payment by 9/3/03) Sub Total of Registration $ Subtract 10% Discount for 5 or more $ (if appk'cable) Subtract $25.00 Early Registration $ Of apph'cable) Special Needs: Certification ]Fee ($35.00) $ (if apph'cable) CJ Wheelchair Access Total Registration Fee $ C~ Visually Impaired k-J Hearing Imp~dred METHOD OF PAYMENT: Payable to Special District Institute O Vegetarian Meals [] Check Enclosed for $ C~ Other F'I Please Invoice PO# OCharge: []Visa []M/C []A-XCard# + (16numbers + $ numbers Ifsted in the Mgnatute area on haole of ctec~'t card) Credit Card Mailing Address: Zip Code: Signature Expiration Date: :*~'[:llll":~Jl;%)Jl 't~lllllJl::! ;' · · ' '. "' .' ':" "~': '" : ';' '-"d i " 9 .,;: . "'.: .... ',,'.' .'', v;' ,,, ,..: .;: ~.". ~. ' ," ~ [ · (.,., ..... ,, .... . .,. ........ ~.(~%~6';~';~ ~5,~;:~:i~5)~37'~,.;~;;~ · SqN BERNARC'rNO ,g-~ 924"_3-3427 . , C',.;LV. . · . A~ociation of the Membe~hiP Me'in9 ~ [ ............... Lake Arrowhead Community So.ices District ~"~Sfin~th~ OCt6B'~r The socml hour ~ b~n at 6 p,m, ~th a ca~ to order at 6:4fi p,m, A buffet d~ner wi~ be se~ed., , I M~nu: Nu" ~,n~M~r'--~a~d-T~ma~.Carr~andCabba~'~a~ 1 Pr~5~¢ ~ea~ ~ PaLm and C~e ~n Fi~W ~ree~ ~h ~man ~me .and ~iV~ ~r~ Deen ~a~ - ~ X~ and D~ D~ X~rcr~s and ~&h ~d Tem~ ~inaigr~ ~argar~ ~ic~n ~pe ~th bee Pepper, Eni~ and ~ur T~II~ X~h Verd~ ~e~e ~hi~d~. ~a ~ ~orn ~re~ C~i~n~ ~r ~ P~ Ja~peng ~epper& ~ni~. Tomato. ~ce. ~gur Cr~ ~hre~ed ~e5~ ~camg~ and ba~a: Tg~L~ ~ip~ ~ru~ ~ ~urros a~ Danu~ C~ee, T~ and 532.50 ~ to Bybi b~ T~ursaa~, ~etober ltl, 2003 Telephone. ~9-~g117 Fax. 909-~7-~165 P O Box 700, La~ ~rowhead, CA 92352 D~tdcffAssociate A~e~ees: 2798z~ ~tdmbe ~Ji~hw~, 189 Lak~ Arr~e~d. CA 9~52 ~ro~ the v~: 1-215 m '~d (CA-30 E)~m R~so~s", CA-30 to Wme~CA-18 no~h to ~ Attention water resources professionals! Looking for a SPLASH of inspiration?? Experience San Diego and dive into a SEA of multidiscipllnary knowledge at the iAmerican Water Resources Association's ' ............ 2003 Annual Water Resources Conference ~ ~ Tt~e only community that includes water resources research, management and ~ o~ -- education professionals from all disciplines e~I"~. ,, -~.. November 3-6, 2003 -~ San Diego, California ~ ~.~. The preliminary program is posted and available for viewing at: ........... www. awra.org/meetings/California2003/index.html AWRA's Ammal Conference will have somethi~lg for everyone involved in water resources. The Conference will be held at the Hilton San Diego Resort on Mission Bay, a location in Southern California near both serious water resources problems and innovative solutions. Over 300 papers will be presented in 75 concurrent platform sessions. In addition, the conference will feature nearly 100 poster presentations. Conference topics will include: TMDLs; Water Management; Lakes and Ponds; Riparian and Aquatic Ecosystems; Education/Outreach/Communication Issues; ASRs; Watershed Planning and Management-Case Studies; Demand Management; Impact Assessment of Urbanization; Meeting Future Water Demand; Stormwater Management; Drought Mgmt & Conservation; Source Water Protection; Water Banking; Colorado River Basin; Regional Water Reuse; Pathogens in Watersheds; Transboundary Water Issues; Public Perception and Education; Runoff Characterization; Ground/Surface Water Management; Agricultural Hydrology; the San Francisco Bay/Delta; Wetlands; Watershed Modeling Water resources professionals from many disciplines including agriculture; consultants; biological sciences; hydrologists and hydrogeologists; physical scientists; researchers; soil scientists; consultants; economAsts; engineers; information technology specialists; educators; local, state, regional, and federal government representatives; policy makers; planners; utility managers; water law practitioners; and natural resources managers will find a plethora of relevant, solution- oriented presentations. For students, in addition to the opportunity to be exposed to attendees and their soon-to-be professional colleagues in a multidisciplinary fashion, the conference offers a Student Career Night, at which students can meet with and have their questions answered by water resources professionals from several disciplines and employment sectors. Finally, the conference offers unparalleled opportunities for water resources professionals and students alike to establish new contacts or renew old friendships during the many networking breaks, the Opening Reception, the Commercial/Educational Exhibits and the Conference Luncheon.  Logon now! The Preliminary Program is available on the AWRA website at ~ www.awr a.org/meetings/California2003/index.htrni Check it out, register today, and we'll see you in San Diego. Don't miss this outstanding meeting! AWRA CONFERENCE TECHNICAL SESSIONS A T-A-GLANCE , MONDAY - NOVEMBER 3 · ~1~_:30 AM-10:00 ,~M 10:30 AM-12:00 NOON 1:30 PM-3;00 pM 3:30 PM-5:00 PM OPENING PLENARY SESSION CONCURRENT SESSIONS ~[-5 CONCURRENT SESSIONS 6-10 CONCURRE?~T SESSIONS I DemandManagement-I 6 Demand Management-II 11 Impact Assessment of POSTERS ON DiSPI.A¥ [ 2 hmovative Treatments- 7 Pad~ogens in Watersheds Urbanization-I Metals 8 TMDLs-II 12 Ground Water & Surface 8:30 ;,M-6:30 I~~ 3 TMDLs-I 9 Regional Water Reuse-II Water Interactions 4 Regional Water Reuse-I 10 ASR-II 13 Water Resources planning Op~NtNG N£rWO~]itN¢ 5 ASR-I 14 Pub]iCEducationPercepQons & RECm"nON A~V 15 Transboundary Water POSTER SESSION Issues 5:00 FM-6:30 I,M · TUESDAY - NOVEMBER 4 · 8:30 AM-10:00 AM 10:30 AM-12:00 NOON 1:30 PM-3:00 P~ 3:30 ~'M-5:00 p~4 CONCURRENT SESS]:ONS 16-20 CONCURRENT SESSIONS 21-95 CONCURRENT SESSIONS 26-30 CONCURRENT SESSIONS 31-35 16 Water Management-I 21 Water Management-II 26 Water Management-III 31 Impact Assessment of 17 GIS & Remote Sensing-I 22 GIS & Remote Sensing-II 27 Runoff Characterization Urbanization-II 18 TMDLs-III 23 TMDL-IV 28 TMDLs-V 32 Gro~md Water/Surface 19 Colorado Rive~>I 24 Colorado River-II 29 Meeting Future Water Water Management 20 ASR-II/ 25 BMPsPerformance/ Demancl-I 33 Watershed Planning & O&M 30 Integrated Water Quality & Management/Model Quantity Management Applications 34 Meeting Future Water FUN RUN ~ 6:30 ^M-8:00 AI~ Demand-II 35 Wetlands Restorstion & POSTERS ON DISPLAY - g:30 ~,~a-3;30 P~ Protection AN EYENING IN TbiE HEART OF OLD TOWN SAN DIEGO ~ 6:00 PM-9:30 PM ~=~' "W EDNESDAY ~ NOVEMBER 5 * 8:30 AM-10:00 AM 10:30 A~-12:00 ~o'~ 1:30 PM-3:00 PM 3:30 PM-5:00 PM CONCURRENT SESSIONS 36-40 CONCURRENT SESSIONS 41-45 CONCURRENT SESSIONS 46-50 CONCURRENT SESSIONS 51-55 36 Drought Management & 41 Drought Management & 46 Watershed Plann/ng & 51 Watershed Plarming & Conservatian,-I Conservation-ii Management: Case Management: Case 37 Stormwater Management 42 Stormwater Management studies-! Smd/es-i/ &Modeling-I &Modeling-II 47 StormwaterInfiltration 52 SurfaceWater/Ground 38 TMDLs-VI 43 TMDLs-¥II 48 TMDLs-VIll Water/AquaticEcosystem 39 Cultural Issues 44 Agricultural Hydrology 49 San Francisco Bay & Interactions 40 Lakes & Ponds-I 45 Lakes & Ponds-Yl Delta 53 Ground Water Management 50 Lakes & Ponds-III 54 Climate Changes, Hydrologic Modeling, & Floodplain Mapping AWRA AWAKDS LUNC~IEON 55 Water Policy, Planning, & 12:00 NOON-I:15 PM Management · THURSDAY ~ NOVEMBER 6 · 8:30 AM-10:00 AM 10:30 AM-12:00 NOON 1:30 Pt~3:00 P~ 3:30 PM-5:00 PM CONCUP,~ENT S~SSlONS 56-60 CONCURRENT SESSIONS 63,-65 CONCURRENT SESSIONS 66-70 CONCURRENT SESSIONS 71-75 56 Education/Out:read1/ 61 Education/OutreachJ 66 Ed'aca'don/Ou~each/ ?1 Source Water Protection Coramunication-I Communication-II Commrmication-IIl 72 Surface Water 57 Riparian & AquaQc 62 Riparian & Aquatic 67 Riparian & Aq%tatic Interactions Ecosystems-I Ecosystems-il Ecosystems-III 73 Water Banldng 58 TMDLs-IX 63 Watershed Modeling 68 Desalting Ocean Water & 74 Water Quality Du Jour 59 Wetlands 64 Sedimentation & Ground Water 75 Stormwater BM'Ps ~0 Stormwater Management Geomorphology 69 Nonpoint Source Impacts Performance Impacts & Receiving Water ~ 65 Stormwater Management Characterization & Drainage planning & 70 Stormwater Quality Design Management Planning The San Bernardino Area Chamber of Commerce Governmental Affairs Division Invites you to attend Legislative Breakfast Featuring Supervisor Dennis Hansberger Friday, November 7, 2003 7=30 a.m. Castaway Restaurant 670 N Kendall Drive $25 - includes breakfast State of the County Come meet Supervisor Hansberger Ask questions Yes, I (we) will attend the Legislative Breakfast Name Business Name Name Phone Please make reservations Enclosed is $ Make check payable to: San Bernardino Area Chamber of Commerce P. O. Box 658 San Bernardino, CA 92402 (909) 885-7515 V JL gg eo_ to handle or deal with usually several things Reserve a Room page and click on the words Group Block. -as obligation- at one time so as to satisfy often The Group code is CWPl118. The cut-off date for the confer- competing requirements. ~' to engage in manipulation ence rate is October 26. However, space is limited and ,cial[y in order to achieve a desired end. attendees are encouraged to make reservations right away. ~'~.~' Both definitions are included in the Merdam- Special Offer: ALl attendees booking a room at Webster Dictionary and both are true descriptions of how the group rate at the Wilshire Grand during the confer- we try to balance all the competing needs for Califomia!s ence will be entered into a contest to w~n a free night's water. Though we may not att agree on how much water lodging at the hotel. The winner will be selected on the we have in California, we do agree that it is a limited final day of the conference and one night's lod~ng will be resource. We can also agree that our demands for water credited to the attendee. are not diminishing. But can we agree on what the desired end of our ~)~a~ juggling looks like? l:; it rivers flowing freely to the ocean, providing habitat to various species of wildlife along the As always, the goal of the conference is to way? Perhaps it is verdant fields and orchards that insure present speakers with a variety of opinions and diverse we have a domestic food supply? Or perhaps we expect backgrounds. A perfect example of this goal is the list of to have as much water as we like, at a reasonable price, our plenary speakers. whenever we turn on our faucets? Do we have to choose Patdda ~ulro~.', General Manager of the Southern or can we have it all? Nevada Water Authority and member of the American Celebrating its 13th year as a major forum for Water Works Association, will open the conference with California water issues, the 2003 water policy what is sure to be a live[y presentation about what conference will focus on how to meet the challenges of all California and Nevada can learn from each other as both of our future water needs. Once again we have brought states plan for an uncertain water future with many together speakers from differing perspectives to share their common chaiLenges. vision on how we can meet the challenges of the future. In Vivienne Bennett will be speaking on Wednesday, addition to the engaging, provocative plenary sessions that November 19th. Her lunch presentation, "A New Water we are known for, the conference will feature 4 Ethic: How to Live the Good Life with Less Water," workshops on land use planning and water issues and an reflect her beliefs and aspirations which she has voiced in additional 1~ workshops on topics ranging from agricultural her book "The Politics of Water: Urban Protest, Gender ~*'~~vers and the trade-offs they represent, to the and Power in Monterrey, Mexico" (University of Pittsburgh ~tional Rubick's Cube known as the Delta Please join Press, 1995), and numerous articles. Professor Bennett u~'~ we seek to understand how Califorma might ensure a the Associate Professor of Latin American Studies and the water supply that can satisfy all of our future needs. Chair of the Liberal Studies Department at CSU San Marcos. Our dinner speaker on Wednesday wi[l be Robert Glennon., author of '~/ater Follies: Groundwater Pumping WhO ~O~ J~'~? and the Fate of America's Fresh Waters". Professor ~ Decision makers at a~l levels of ~overnment Glennon is the Morris K. Udall Professor of Law and Public E] Land use planners Policy at the University of Arizona's James E. Rogers ~ Representatives from water agencies College of Law. His evening presentation will be a lesson, I~ Business, Agricultural and environmental leaders both entertaining and informative, in the damage that [3 Technical expert has resulted from the excessive pumpin~ of our aquifers. ~ Academics Professor GI. ennon has offered to sign copies of his book, ~ And others interested in California's water future copies of which will be available at the conference. Finally, our lunch panel on Thursday wi[l be ~o~il~r~ moderated by Gifford I~inchot. author of The Intelfi~ent The conference wi[[ be held at the beautiful Organization and Intrepreneuring, and the founder of Wilshire Grand Hotel in Los Angeles. The four-diamond the Bainbridge Graduate Institute. Mr. P~nchot has done Wi[shire Grand Hotel at 930 Wi[shire B[vd is centrally scenario planning with Fortune 500 companies as well as located in the heart of downtown Los Angeles.The hole[ is branches of the federal government. This closin~ panel, ideally situated just 15 mi[es from Los Angeles Interna- an interactive exercise, will look at the state of the art tional Airport and 18 mi[es from Burbank Airport.The of dynamic scenario planning. Led by Mr. Pinchot, the reduced group rate for conference attendees is $129 panel members wi[[ address how their organizations single/double occupancy. Alt attendees will be upgraded to address scenario challenges and will explore how to a Deluxe Room. For reservations call 888-773-2888 and coordinate scenario planning among disparate agencies mention that you are attending the California Water Policy at different levels. It will definitely be a thought-provok- Conference. Or go to www. wilshire~rand.com. Go to the ing end to two interesting days. Wednesday. November 19 Thursday, November 20 9:00 am Welcome and Opening Remarks, Dorothy Green, Conference Chair Perchlorate: Water with a Twist ';':: - · of Rocket Fuel o:15 am Weter in the West: Managing, Our. Moderator: Susan Lien Longvflle, Future Rather Than Betting the Fa. rm ~': San Bernardino Cound[member ~,~' Pat Mu[roy, General Manage5 .... David Beckman, NRDC* Southern Nevada Water Authority. .- Barry Groveman, Environmental Attorney, Council Member, City of Catabasas 10:00 am Break ' ' Assemb[ymember Hannah-Beth Jackson* ; -/' ' Larry Ladd, Community Advisor Group for 10:30 am Response Panel: . _ Aerojet Superfund Site Issues Moderator: Sunne Wright McPeak, President and CEO, Bay Area Council* Statewide Watershed Planning[: What Will - it Take to Make a Difference? Panelists: Moderator: Martha Davis, Inland Empire Paul Betancourt, Immediate Past Utilities Agency P'esident, Fresno County Farm Bureau* Ann Baker, Office of Assemb[ymember A.G. Kawamura, Chair, Western Fran Pav[ey* Grower's Association ;.. · Conner Everts, Southern California Fred Kee[ey, Executive Director, Watershed Alliance PLanning ~t Conservation League ~ ~ il Peter Lavigne, Rivers Foundation of Steve Macaulay, Executive Director, - the Americas California Urban Water Agencies ., Jonas Minton, CA Dept. of Water Resources Supervisor Linda Parks; Ventura Coun'l~y '- Ann Riley, San Francisco Bay Rexona[ WQ.CB Noon A New Water Ethic: How to Live the . Seawater Desalination: Good. Bad Good Life with Less Water . or Indifferent? Vivienne Bennett, Associate. Professo~ Moderator: Frances Spivy-Weber, of Latin American Studies, Chair, Mono Lake Committee Libei-al Studies Dept., CSU San Marcos .' ' ,~ Marco Gonzalez, Surfdder Foundation, . - .. -":~ -: San Diego Chapter ~,~ pm l:~4t~,~,~J~'[~.-~[,],k~4 "- Jared Huffman, Board Member, Water Management Beyon'd the Borders: '~-'~ :- :~ ,_ MaNn Municipal Water District Lessons from Other Lands:/::. . Bob Yamada, San Diego County Moderator: Douglas Walla~e;. East Bay MUD . - Water Authority Larry Farwell, Consultant- .~ . TBA- Richard Harris, East Bay MUD ::' :/. Fawzi Karajeh, CA Dept. 6f Wzite~' Resources '$qu~ez~n8 Nature's Sponges: Watershed Bahman Sheikh, Water Reuse Consultant ,:.. Management for DrousJht and Fire Relief . . , ,? :.?' M0derato~: Ma~y:Ann Warmerdam, RCRC The Delta:An operational'Rul~ick's Cube !'i ~.: i' Ma~l~ ShaYS, Lake Arrowhead Community Moderator: StevelMacaulay, .. _ - Sei%q~"i~:~ Dist!rict CSD Catif0~nia Urban Water Agencies ' ' B~I~ Steele, U.S. Bureau of Reclamation, Gre~'Gartrell, Cor~.;C0sta Water District ~;~:~w~;~o[ofado Region. Diana~ Jacobs, CA':D~pt.'of'Fish 'E Game Otfs'Wollan,~Board Member, Kathy Kelly, 'CA Depl~ b{ iWa{er R~Sources ~P[acer County Water Agency Joan Maher, Santa C ar~ Ya[ ey~Water D strict TBA Eric Wesselman, Sierra Club . -= .- .. lO:O0.atfl Break~i'r' EmerginR Contaminants: A sittbr'Pill - ,- / ' -'~ · to Swallow? 10:~0 am' Moderator: Michael Stanley-Jones, Ensuring Water for Habitat: What Clean Water Fund . . ' - Options are Best? ' ' Stephanie Hughes, City of Pa[o Alto ' Moderatgr: Hao Dunning; Professor, Barbara smith, US EPA Region 9* UC Davis.:' TBA Huey Johnson, Resource Reriewal Institute Q., Lowell P[oss, San Joaquin River Water and Land Use Planninm It Looks Group Authority ~1111~ Good on Paper, But ...... Andy Sawyer, SWRCB Attorney - ModeratOd J~ff Ldbx;' UC Davis Extension': .............. Mike Wb~l~','CA'Fa~m-W~ter.Coa[itio~ Vince Bertoni,Vice President Policy and Michael Wall, Senior Attorney, NRDC Legislation, CCAPA Rand!/Kanouse, East Bay MUD Ag Waivers and Urban Faucets: What's Art K~dman, McCormick, Kidman the Connection? MUD - · Catifornia Business ~ Bill Jennin 3:00 pm Parr~ 3:30 pm H. David The Salton Sea and the Colorado River Nahai Delta: On~? Both? Neither? LA Re . Q~ua!it¥ Control Board Moderat0r:TBA · ,~- St'~ Sena~o~ Denise Ducheny" Hot-D~m: Whither W~ter/~naeement Ed Glenn, Professor, University of AHzona ~ for a Chan~inq Clir~ate? ' Lorri Gray, US Bureau of Reclamation - ~~j~ Moderator: Otis Wollan, Board Member, LoWe~ Colorado Region Placer County Water Agency - Tom Kirk, Sa[ton Sea Authority Joan Clayburgh, Sierra Nevada Alliance J, Francisco Zamora-Arroy0, Jack Humphreys, Hydmet S~noran Institute Robert Wilkinson, UC Santa Barbara Water. Witchth~ the Dismal Science: The Water-Growth Conundrum: Can We TheEconomics of Water Resources Effect It? Where to Direct It? Moderator: Larry McKenney, Moderator: Mary Ann Dickinson, California "CotJnty of Orange Urban Water Conservation Council Mark Beuhl~r, Coache[ia Valley Ane Deister, E[ Dorado Irrigation District. Water District Kathleen Garcia~ W'a[[ace, Roberts and Todd Ed Osann, NRDC Jonas Minton, C.A, Dept of Water Resou roes Peer Swan, Board Member, Lynne PlambeClk,-'Board Member, Newha I rvine'Ranch Water DistMct County Water District Privatized Water and the Public Interest Noon Lunch and Closing ~anel: Moderator: Otis WoIlan, Board Member, Playing Futures: What's the Scenario ~i~' P[a.cer Cqunty Water Agency Now that Disaster is Normal? Morris Allen, former Manager of Utilities Moderator: Gifford Pinchot, author, City of Stocktdn The intelligent Orsanizot~on and Juliette Beck, PubUc Citizen Intrepreneuring; and founder of the Adrian Moore, Reason Foundation ~, Bainbridge Graduate Institute. Wyatt Troxel, OMI Corporation Panel: Water and Land Use Techno[o~lcal Linde Adams, Chief Deputy to the Govem~r* Plannin~ Tools; What Should Ran Gastelum, CEO, MWD of Southern Government Do? California* Moderator: Kevln Wolf, Doug Linney, Board Member, East Bay MUD Wolf & Associates , Jonas Minton, Deputy Director, CA Dept of Gary Darling, CA Department of Water Resources Water Resources Ed Osann, NRDC Jeanne Faust, ESRI Brenda Southwick, Managing Counsel, Dennis O'Conner, Senate Committee CA Farm Bureau Federation* on Agriculture and Water Resources 2:30 pm Adjourn 5:00 pm Environmental Adjustment Hour *Invited 6:00 pm Dinner and Awards Presentation For updates on speakers, detailed descriptions about the . Robert Glennon, Author, Water Follies: workshops and information about pre- and post-d0nf~rence Groundwater Pumpin~ and The Fate Of meetings visit our website at: www.cawaterp0 cy.0rg Ameri~ca's Fresh Waters ljIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Registratio Form ReCllatratiorl Fees: Please Circle A00rooriate Cateq0~' Both Days Wednesday Thursday California Water Policy 13 · Juggling Our Water Future Student* $80 $55 $50 November 19 & 20, 2003 Nooprofit$* $100 $70 $65 Wilshire Grand Hotel, Los Angeles Industry* $225 $195 $180 Registration fees include coffee on both days and conference materials, Please Note: Government (Includes all meals) $345 $285 $210