developer project guide 2008

DEVELOPER PROJECT GUIDE

WATER DEPARTMENT IMPERIAL IRRIGATION DISTRICT

2008

WATER DEPARTMENT DEVELOPER PROJECT GUIDE

TABLE OF CONTENTS

INTRODUCTION Water and the IID ..............................................................................................................1-2 SECTION I Maps: • Irrigation System and Public Roads .............................................................................4 • Drainage .....................................................................................................................5 SECTION II Customer Request Project Process Map ...........................................................................7 Project Requirements .......................................................................................................8-11 Project Request Process ..................................................................................................12-14 Encroachment Permit Application .....................................................................................15 General Provisions ............................................................................................................16-17 Request for Abandonment of Water Facility ......................................................................18 SECTION III Customer Service Project Agreement ...............................................................................21 Project Initiation and Planning Phase Fee Payment .........................................................22 Project Design Phase Payment ........................................................................................23 Project Construction Phase Payment ...............................................................................24 Indemnification Agreement ...............................................................................................25 SECTION IV Standard Drawings ...........................................................................................................27-41 SECTION V Project Contact List ...........................................................................................................43

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OPERATING HEADQUARTERS P.O. BOX 937 IMPERIAL, CALIFORNIA 92251

WATER AND THE IID

The Imperial Irrigation District (IID), is a community-owned utility, providing irrigation water and drainage 24 hours a day, seven days a week to the lower southeastern portion of California’s desert.

IID was formed in 1911 to acquire properties of the bankrupt California Development Company and its Mexican subsidiary. By 1922, the IID had acquired 13 mutual water companies, which had developed and operated distribution canals in the Imperial Valley. By the mid-1920s, the IID was delivering water to nearly 500,000 acres of farmland. Since 1942, water has been diverted at Imperial Dam on the Colorado River through the All-American Canal, all of which the IID operates and maintains. IID was established under the California Irrigation District Act and is governed by a five-member board of directors elected by the public.

The IID serves irrigation water to farmers and residents, turning the desert into fertile irrigated farmland. IID maintains 1,668 miles of main and lateral canals. Of those canals, 1,109 miles are concrete lined or pipelined; 98 percent of all the water IID transports is used for agriculture in the Imperial Valley.

The Imperial Irrigation District (IID) diverts and delivers approximately 3.1 million acre-feet (MAF) of Colorado River water to nine cities and nearly 500,000 acres of agricultural lands in Imperial Valley through a complex gravity flow canal operating system. As part of its operating system, the district maintains an extensive gravity flow drainage system.

Drainage The lateral drain system is laid out to provide a drainage outlet for each governmental subdivision of approximately 160 acres and, as such, the drains usually parallel the canals. The district is obligated to provide its drains at sufficient depth - generally 6 to 10 feet deep - to accept agricultural tile drain discharge.

There are over 1,406 miles of surface drains that can be divided into three main areas: Alamo River System, New River System and drains that flow directly into the Salton Sea. Approximately 430 control structures are installed along the drainage system.

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Delivery The Imperial Irrigation District (IID) receives an average of 3.1 million acre-feet (325,000 gl/af) each year from the Colorado River. Imperial Dam, located north of Yuma, Arizona, serves as a diversion structure for water deliveries throughout southeastern California, Arizona and Mexico. Water diverted at Imperial Dam for use in the Imperial Valley first passes through one of three desilting basins, used to remove silt and clarify the water designed to remove 70,000 tons of silt per day. From the desilting basins, water is then delivered to the Imperial Valley through the All-American Canal.

Three main canals - East Highline, Central Main and Westside Main - receive water from the All-American Canal and are used to deliver water by gravity to many canals that exist throughout Imperial Valley. Farmers then divert water directly from these canals to irrigate approximately 479,000 acres of farmland within IID’s boundaries.

IID serves water through approximately 5,600 gravity delivery gates for irrigation purposes. It operates and maintains more than 1,438 miles of gravity lateral canals, 230 miles of main canals and the 82-mile-long All-American Canal.

Each morning, hydrographers measure and release the required amount of water from the main canal into the heading of each lateral canal scheduled to receive water under the direction of the field operations unit. In addition, every morning, zanjeros (Spanish for “ditch riders”) receive a “run” schedule with instructions on where and when delivery gates should be opened or closed for water delivery within a run. Runs are comprised of a set of canals and all the associated customer delivery gates within a geographic area. From the lateral canals, zanjeros measure and divert the required amount of water from the lateral canal through individual customer delivery gates.

Today, IID is finding new and innovative business methods to achieve both its vision and mission of being a water supplier that is meeting the changing needs of its customers based on excellence in performance while providing the highest quality service at a fair and competitive price.

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SECTION I – MAPS

Irrigation System and Public Roads

Drainage

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SECTION II

Customer Request Project Process Map

Project Requirements

Project Request Process

Encroachment Permit Application

Request for Abandonment of Water Facility

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IID WATER DEPARTMENT PROJECT REQUIREMENTS

(Revised 01/05/08)

General: This document provides general, drainage, irrigation, and general environmental comments and should be used by the entity each time facilities will encroach or otherwise impact IID Water Department right-of-way and/or facilities. The intent of this document is to address issues regarding Water Department facilities only. Following this general guideline will help ensure that IID’s right-of-way and facilities are properly delineated, by the entity’s engineer on their improvement plans. To ensure that IID facilities/right-of-ways are delineated properly on your plans, the entity should contact our agency early in the project process as not all IID right-of-way is recorded. IID right-of-way may consist of any and all of the following: fee title, recorded easements, prescriptive and secondary. As a result of your project, IID’s right-of-way may become more defined. The IID requires sufficient right-of-way for operation, maintenance, future removal & reinstallation, and to meet various health and safety requirements. As such, the width of right-of-way required as a result of IID facility modifications will be determined on a case by case basis but shall not be less than 40-feet. In addition to the standard width right-of-way, localized areas of additional right-of-way may be required for facility maintenance and access requirements and to ensure sufficient clearance from fixed objects. Additionally, IID’s right-of-way shall be clear of easement burdens that have not been approved through the permitting process. Where modifications to IID facilities result in a new right-of-way, the right-of-way shall maintain its senior position relative to other land rights. Please note that a permit must be obtained from the appropriate City and/or County if the development results in a new road access. In that the proposed development may impact a number of IID facilities, we strongly recommend that a high level planning approach be used early in the project process to address IID concerns, mitigate impacts to IID facilities, ensure the most appropriate design, and to minimize project costs. The size of the development may provide opportunities for rerouting of IID facilities and thus may provide opportunities to reduce costs. As part of this process the IID requests an appropriate deposit/fee to cover planning costs (as noted in the Project Request Process section). An early understanding of allowable encroachments should help reduce the land development engineer’s design effort. If the development impacts (impacts may include facilities on, partially on, adjacent to and/or currently or previously serving the developing land) our irrigation and drainage systems, undergrounding of these facilities will be required at the expense of the entity. The entity will also be responsible for the costs of any ancillary facilities. The entity may be required to pay additional cost related to impacts if mitigation of impacts result in the IID adding facilities to their system or if system modifications are more expensive to operate, maintain and replace relative to the pre-project facility. This requirement is necessary to mitigate impacts to our operations, maintenance, and to address concerns with future removal and reconstruction of open channel facilities contained within developing areas. Benefits of undergrounding include reduced right-of-way requirements, more usable and higher use right-of-way, and a reduced need for secondary features such as fencing and improved aesthetics. If the project is phased, options for rerouting and abandoning canals and drains will be limited, or at least make rerouting more costly, as a means to continue providing raw water and drainage service to

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remaining farmland will need to be maintained. Phased projects more than likely will require funding (by the entity) of interim facilities to ensure proper system operations. As noted above, the IID requires canals and drains to be pipelined. This requirement is supported by IID Regulation 47, Encroachment Permits which states, “A need exists to minimize, to the extent possible, public access from urban and commercial development adjoining and in the vicinity of IID right-of-way and facilities. Conditions on encroachments and communications of our concern to land use permitting agencies are methods of addressing this problem.” Thus, this regulation is not limited to encroachments placed directly on IID easements but also addresses impacts from development/facilities “adjoining and in the vicinity.” Furthermore, because IID’s rights-of-ways may consists of non-recorded easements (such as the previously mentioned prescriptive and secondary easements), facilities appearing to be adjacent to may actually be contained on IID’s rights-of-ways. In conjunction with the undergrounding of canal facilities, the entity/service owner will, where appropriate, need to provide authorization to discontinue service by providing abandonment agreements. Although the IID requires discontinuance of service to service pipes where potable water is available, in the event that the entity/service owner decides to connect or maintain an existing service pipe to residential areas outside their development, where potable water service is not reasonably available, the entity/service owner must apply with the appropriate IID division for a service pipe account and appropriate permits. In compliance with IID’s Safe Drinking Water Act (SDWA), to maintain raw water service, the water user must contract a DHS approved water provider for cooking and drinking water delivery service. All questions regarding IID’s SDWA compliance efforts can be directed to its Drinking Water Hotline at 339-9048. The service pipe must have a shut-off value or a locking device installed in IID’s right-of-way, in accordance with IID’s Standard Drawing (20F-1394). IID is not a treated water provider; treated water must be supplied by either an existing city or other agency facility. If a new facility is constructed, the IID may provide raw water to that facility. In conformance with IID Regulation 16 “Canal Cut-outs”, the facility must have a minimum storage capacity of 6 days to accommodate canal water outages. As noted above, the IID does not provide raw water service (including for landscaping and related irrigation purposes) where potable water is available. Drainage: If development plans call for a storm water detention facility, the detention facility must be designed such that it does not induce seepage from, nor create instability in adjacent IID facilities. The IID may consider allowing the easement area above IID’s piped drainage system for use by other entities for retention and/or park areas. Absent this sharing of right-of-way, no park areas or detention areas shall encroach upon IID’s right-of-way. As noted previously, if the project impacts an IID drainage facility, IID will require the drain facility to be undergrounded. In addition to the project site detention, detention of water from IID’s drainage system (this may include drains within, adjacent to and/or near the project) may be required to protect development property. The amount of storage and the size of the storage facility or facilities will be dependent upon the design storm and may include mitigation of lost storage. The need for storage facilities should be a result of development impacts. Costs associated with storage facility design and construction will be the responsibility of the entity impacting the drain. Ownership of the facility will reside with either the entity approving the development plans or other entity willing to accept the

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storage facility. All future costs related to the storage facilities would be the responsibility of the entity retaining ownership. Analysis of these development impacts will require a detailed drain hydraulic analysis to properly design system modifications to mitigate development impacts. The IID will review impacts from development from a system standpoint to ensure proper design analysis and review. All costs associated with the analysis will also be the responsibility of the entity impacting the drainage facility. Each development area will be reviewed to determine the appropriate charge/fee to ensure proper design analysis and review from development drainage impacts. Completion of the design analysis may indicate the need for additional capital improvements, the cost of which would be borne by the entity impacting the facility. Future responsibilities with regard to the storage facilities will be delineated in an agreement among the IID and the appropriate entities. IID will consider allowing other types of drainage into our system according to IID regulations & policies according to IID regulations and policies. Thus, discharge from tile lines originally intended for farm leaching must be discontinued. Additionally, the IID will not accept the discharge from newly designed tile lines. Pursuant to IID Regulations 37 and 38 discharge into the IID’s drainage system is allowed for each approximately 160 acre subdivision either at existing legally authorized outlets or at relocated outlets. These facilities must conform to IID Standard Drawing 12F-6855 (Regulations 36 and 39). In the design of site development retention facilities, it should be noted that the ability of the IID’s drainage system to accept storm water from these systems may be limited. Thus, the retention facility design engineer should consider this when determining the amount of detention for their design storm (This may require that the entire storm event be retained). Additionally, the design engineer should consider this issue so that they design the detention pond such that it does not discharge water into IID’s drainage system when it is at capacity. As part of the detailed plan submittal the entity/engineer must include pre and post design water elevations from the properties (including those portions of the property not being developed) that originally discharged into the drainage outlet (or new outlet if modified) and the design high water elevation assumed in the IID’s drain. As part of this submittal the entity/engineer must also include the reference Bench Mark description and elevation. To reduce the potential of the development discharging retained storm water from their retention basin when IID’s facility is at capacity, the retention basin should be designed with a high water at or below the storm high water identified in the adjacent IID drain. Ideally, this storm high water should be established through a review of a sufficient portion of IID’s drainage system. Additionally, to avoid pumping, the bottom of the development retention basin should be designed above the agricultural drain flow high water elevation. The retention basin bottom elevation should be further increased to allow for pipe and structure friction, inlets, outlet and other minor losses in addition to an allowance for the head required to sufficiently open the required one-way valve. Since the IID’s drainage system is primarily designed for agricultural drainage, where the project proposes such, both the quantity and quality of industrial waste effluent may be restricted by the IID to prevent overloading and/or damage to the drains and drainage structures. Additional modifications may also be required to mitigate this type of discharge. This type of discharge must also be in conformance with the laws and regulations of Imperial County, and various State and Federal agencies having jurisdiction over water quality control. The limit for discharge from these types of facilities is as noted in IID Regulation 46.

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The reference Bench Mark for the design should either be an IID maintained Bench Mark or be tied to an IID maintained Bench Mark. If the Bench Mark used for the development design is tied to an IID maintained Bench Mark, the description, elevation and datum equation for the IID Bench Mark should also be included. The entity or their engineer should contact IID so that IID may further discuss these drainage issues with them. Environmental: At the initiation of the project (planning phase), the entity should supply the IID with copies of all environmental documents (CEQA, NEPA, Negative Declaration, etc.). Pipelining of IID canals and drains may have project level environmental or biological impacts that should be analyzed on a site specific basis. Any impacts must by mitigated for by the project proponent. Developers should address any new or reconstructed IID facilities required for and by the project (which can include ancillary utility work such as drainage structures) in the project’s CEQA documentation. Drains in the project area may provide aquatic and vegetative habitat for rare, threatened and endangered species. Environmental documents must address the impacts of development and mitigate these impacts. Sewage and potable water services must also be addressed by the environmental documents. IID does not provide these services. For construction projects larger than one acre to discharge into IID drains, the entity must submit a Notice of intent to the Regional Water Quality Control Board and prepare a Storm Water Pollution Prevention Plan (SWPPP) for storm water management during construction. If a project includes dewatering activities, adequate details must be included in the SWPPP to delineate this purpose. Once a project has received their Water Discharge Identification (WDID) number assigned by the Regional Water Quality Control Board (RWQCB), the WDID must be submitted to IID for verification to process any encroachment permits or apply for drainage access to IID facilities. For projects less than one acre to discharge into IID drains or dewatering, the entity must submit a formal request to the RWQCB for a waiver to discharge temporary dewatering effluent into an IID drain. A copy of the RWQCB response letter, granting the project’s request, must be submitted by the entity to the IID for verification in order to process encroachment permits or apply for drainage access to IID facilities (please refer to IID’s permitting process for more details regarding permits).

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PROJECT REQUEST PROCESS (Revised 01/05/08)

The IID uses a four-phase approach to project completion consisting of planning, design, construction, and close-out phases. The details of this process are outlined below. This process applies to modifications to existing IID owned facilities and facilities installed within the IID’s right-of-way that will become an inherent part of the IID’s system (such as road pipe crossings). As IID owns the canal and drain system, policy requires that the IID either install or contract for the installation of these facilities.

Planning Phase: The planning phase consists of reviewing potential project alternatives (some projects may have only one alternative defined) providing a corresponding opinion of cost to complete the project design up to the bidding phase and providing a feasibility level project opinion of costs (including bidding costs) for budgeting purposes based upon the costs of similar previously completed projects. The Planning Phase is initiated by receipt of an appropriate nonrefundable deposit/fee by the entity and properly completed and signed “Project Initiation and Planning Phase Payment” and “Customer Service Project Agreement”, and “Indemnification Agreement” forms.

The planning phase deposit amount will be determined based upon the scope defined in the letter received by the entity and through appropriate clarifying dialogue with the entity (not less than $3,000). At the end of the planning phase, the entity will either choose an alternative and provide funding for completion of the design phase or choose to end the project process. The design phase opinion of cost is valid for 90-days. A response to the deposit request must be received within this 90-day period or project will be cancelled. When possible a plan check is completed as part of the planning phase. If the entity/entity’s engineer requires a plan check prior to the planning phase an additional separate deposit will be required. The amount of the deposit will be non-refundable and will be dependent upon the complexity of the review, but shall not be less than $2,000. In such cases, the requester will be advised in advance and provided with an estimated completion date.

The requester can generally expect a planning review response within 30 days after receipt of the aforementioned items. If a separate plan check is desired, the requester can generally expect a response within the same time period. Notwithstanding, planning/plan check review completion may vary based upon the accuracy, completeness and complexity of the plans, current project demands, staff availability, and many other factors. The actual planning/plan check review response time will be estimated once sufficiently complete plans, the planning/plan check fee and all required submittals for that phase are obtained.

Design Phase: The Design Phase consists of project management and engineering, survey investigations, design, and drafting. The result of these activities are detailed construction plans which allows the project to either be bid for construction or built with internal forces using material and equipment bids. This phase also consists of providing the entity with a preliminary project opinion of cost. The preliminary project opinion of cost includes engineering, construction and project management, facility construction, construction staking, quality control and assurance, field as-built drawings, the production of record drawings, bidding costs, and an outside service loading fee. The Design Phase is initiated by receipt of an appropriate deposit by the entity and a properly completed and signed “Project Design Phase Payment” form. The requester can generally expect completion of the design

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phase within 90 days after receipt of these items. Notwithstanding, design phase completion may vary based upon project complexity, current project demands, staff availability, right-of-way acquisition, agreement completion and many other factors. The actual design phase completion time will be estimated once a design phase deposit and all required requestor submittals are obtained. A copy of the latest project site and off-site improvement plans, and a draft Final Map, are to be submitted with the design phase deposit. IID will be unable to start designs for canal and drainage facilities until the project improvement plans and draft Final Map are submitted. Thus, the deposit should not be submitted without these documents. If these documents are later revised and submitted to the IID, this may impact the cost and schedule as changes in the development plans may cause a corresponding change in our plans and thus schedule. Thus, the entity should ensure that they have fully addressed all issues pertaining to facilities encroaching and/or adjacent to IID facilities.

At the end of the design phase the entity will either choose to move forward with the project process by submitting a deposit in the amount of the preliminary project opinion of cost or choose to end the project process. The preliminary project (construction phase) opinion of cost is valid for 30-days. If the entity chooses to end the project process or no response to the construction deposit request is received within the 30-day period, the entity will either be billed or refunded and the project cancelled. The amount of billing or refund will be based upon the actual expenditures accumulated through the design phase. Construction Phase: In the construction phase the IID will either obtain a detailed construction bid through a bidding process or obtain a detailed construction opinion of cost using internal forces and material (including costs for material loading) and equipment bids. Additionally, IID will provide an opinion of cost for the internal costs for project management, construction management, and miscellaneous engineering services. After receipt of bids (including an appropriate contingency, based upon the complexity level of the project, for potential change orders due to unforeseen circumstances), the IID will review the bid amounts against the preliminary project opinion of cost.

If the bid amount, plus IID’s opinion of internal costs, is equal to or less than the preliminary project opinion of cost the IID will proceed with completion of the project. If the bid amount, plus IID’s opinion of internal costs, is greater than the preliminary project opinion of cost, the entity will be contacted. The entity will then either choose to move forward with the project by submitting an additional deposit for the increased amount or choose to end the project process. If the entity chooses to end the project process at this point, the entity will be reimbursed the construction phase deposit (preliminary project opinion of cost) amount minus any expenditures though that point in time.

The earliest construction can commence is 90 days after receipt of the construction phase deposit and receipt of a properly completed and signed “Customer Service Project Agreement.” Although, as noted, the actual time required is dependent upon surveying, design, construction and procurement schedules (procurement alone may take between 3 to 6 months depending upon the project scope), and the ability to schedule canal water outages. Construction may be delayed further during the IID’s canal outage moratorium period which typically spans from September 15th through November 1st of each year, but due to yearly cropping patterns may be longer. Additional environmental issues such as the Burrowing Owl season may extend the project completion date. An approved IID encroachment permit is also required prior to construction commencing for those facilities that will remain under the ownership of the entity such as private crossings and bridges and for facilities installed, by the owner or the owner’s contractor, within the IID’s right-of-way.

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One product of the Planning Phase will be a preliminary project schedule. This schedule is inherently preliminary as a number of assumptions are required regarding various potential alternatives, critical issues being resolved, critical path items being completed on time and various other factors. Because schedules for these various issues are of a preliminary nature this preliminary schedule should be used only for general information. A final project schedule will be created during the Design Phase based upon resolution of the Planning Phase unknowns. As such, although the Design Phase will include a final project schedule, the ability to meet this schedule will still be dependent upon a number of critical path elements required from the entity/engineer such as timely deposits, timely authorization to discontinue water services, timely receipt of adequately completed development plans, timely establishment of rights-of-ways, completion of agreement negotiations and associated agreement processing, etc. In that regard, additional schedule modifications may be required prior to the Construction Phase.

Close-out: After completion of the project, the entity will be billed if actual costs exceed the construction bid amount (including the contingency amount) and IID’s opinion of internal costs. The entity will be refunded if actual costs are less than these amounts. Project close-out is normally completed within 30 days after receipt of all outstanding invoices.

Additional Notes: If during any of the project phases the entity desires to increase and/or change the scope of the project they will be required to provide an additional deposit amount to cover those services. Scope changes may delay final construction of the project. Please note that no opinions of cost/estimates/bid amounts provided during this process include removal or relocation of other utilities (including Energy facilities) unless specifically stated (please contact the Energy Department at (760) 351-2550 if you require their services). These items must be budgeted for and coordinated by the entity separate from this project.

Additionally, none of the opinions of cost/estimates/bid amounts include costs for the acquisition of right-of-way (unless specifically stated) or for work required due to unforeseen conditions, which would be performed on a force account basis and be included in the project cost. In the event of unforeseen conditions, the entity would be billed for the amount above the contingency amount. If no unforeseen conditions are encountered or unforeseen conditions amount to less than the contingency amount, the entity would be refunded that amount. Except where specific IID Board action requires payment in advance by local government agencies (agencies), agencies will not be required to provide deposits. Absent this type of Board action, agencies will be billed the total project amount at the completion of the project or when the agency decides to terminate the project process. Additionally, an agreement will be required between the entity and IID for all projects. Any costs (budgets, preliminary opinions of cost, construction opinions of cost, estimates, bids, etc.) provided during this process are valid for a maximum of 30 days.

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IID 901 (R03 06-08)

GENERAL PROVISIONS 1. ACCEPTANCE OF PROVISIONS. Permittee’s engagement in any activity under this permit shall constitute an acceptance of these

provisions. 2. DISTRICT TITLE. This permit only relates to encroachment on the District’s right of way. The District has title to the right of way

based upon recorded right of way deeds and/or implied dedication. This permit does not address encroachment on the real property or right to real property belonging to any other entity. The District makes no warranty concerning this encroachment and the real property, or the right to real property belonging to any other entity. Permittee places this encroachment at its own risk.

3. KEEP PERMIT ON THE WORK. This permit shall be kept at the site of the work and must be shown to any representative of the

District. 4. ADDITIONAL AUTHORIZATION. Permittee shall secure written authorization, order or consent, prior to the performance of any work

hereunder, from any private or public entity, or other lawful authority which may pertain to the use of the right of way or real property and the type of activity for which this permit is granted. This permit shall be suspended in operation unless and until such authorization, order or consent is obtained.

5. MAINTENANCE. Permittee shall exercise reasonable care to maintain properly any encroachment placed by it in the right of way and

to exercise reasonable care in inspecting for and immediately repairing and making good any damage to any portion of the right of way as a result of activities performed under this permit, including any and all damage to the right of way which would not have occurred had such work not been done or such encroachment not placed therein. The District shall not be held responsible for any damage to any improvements or facilities installed by Permittee under this permit, whether said damage is caused by the District or its agent or otherwise.

6. CLEAN UP RIGHT OF WAY. Upon completion of any activity under this permit, the right of way shall be placed in the same condition

or better than it was immediately prior to the work. For example, all brush, timber, scraps, trash and material shall be entirely removed and the right of way let in as presentable condition as before work started.

7. CONSTRUCTION. All construction activity pursuant to this permit shall conform to recognized construction. All of the work shall be

done subject to the supervision of, and to the satisfaction of, the District. 8. FUTURE MOVEMENT OF WORK OR INSTALLATION. Whenever the District desires to construct, reconstruct or do maintenance

work on District facilities on the right of way, or to use the right of way for any purpose, the Permittee shall, upon request of the District, immediately move, remove, relocate or otherwise change, any improvements, work or installation on the right of way, all at the sole expense of the Permittee.

9. INDEMNITY. The Permittee shall, to the fullest extent permitted by law, indemnify and save the District free and harmless of and from

all claims, demands, losses, and liability, including cost and legal fees, arising directly or indirectly out of obligations undertake in connection with this permit, excepting only claims arising from the sole negligence or misconduct of the District.

10. INSURANCE. At any time, at the judgment of the District, Permittee may be required to obtain commercial general liability insurance,

naming Permittee as insured and the District as additional insured, with total limits of any amount up to $1,000,000 per occurrence and $2,000,000 general aggregate. Permittee’s failure to obtain such insurance when required shall be a material breach of this permit.

11. BOND. At any time, at the judgment of the District, Permittee may be required to obtain a bond, in an amount equal to the value of

work or improvements constructed or activities performed by Permittee. Permittee’s failure to provide a bond when requested shall be a material breach of this permit.

12. NO HAZARDOUS MATERIALS/WASTE OR SPILLS. Storage and/or disposal of any hazardous material(s) or hazardous waste(s)

on to this right of way are expressly forbidden. Any spills of a hazardous material or hazardous waste used or produced during the permitted activity is to be cleaned up immediately by the Permittee, at their expense. The District’s Hazardous Materials Unit is also to be notified in the event of a hazardous release by contacting either the District’s Power Dispatch: (760) 339-0510 or Water Dispatch: (760) 339-9381. The District has the absolute right to immediately suspend an operation that does not adhere to these requirements, or is found in violation of any Local, State, or Federal Environmental Regulations, until the problem is adequately or completely resolved.

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13. CONDITIONS FOR SERVICE PIPE INSTALLATION. Prior to installation of service pipes the following conditions are required: 1)

The District’s Utility Work Coordinator shall be notified 48-hours prior to start of work at (760) 339-9169, 2) DHS Approved Provider alternative water delivery service for all business or residential structures receiving only canal water, 3) installation of a District approved locking device/shut-off valve (to facilitate disconnection should the water user fail to comply with District regulations and/or SDWA requirements) within District or Imperial County right-of-way, 4) The District recommends that each structure or property install its own service pipe or design the layout in a manner that would allow District to shut off service to a single structure, property, and/or water user within District or Imperial County right of way. Based on current District procedures, all water users sharing service pipes are at risk of being disconnected should any single water user on a common pipe fail to comply with SDWA requirements.

14. AS-BUILT DRAWINGS. The Engineering Services of the Water Department requires that the Encroachment Permit Applicant

submits the As-Built Drawings to update District Drawings. Applicant is given 30 days from the completion of the construction to submit this requirement. If after 30 days these As-Built Drawings have not been submitted, the Engineering Services will perform this task and charge the Applicant accordingly.

15. NOTIFICATION. Permittee shall notify the District’s Inspector at (760) 339-9888 at least 48 hours prior to start of work. In addition,

Permittee shall not make or allow any excavation or fill to be made WITHOUT FIRST NOTIFYING IMPERIAL IRRIGATION DISTRICT by calling 1-800-422-4133 (Underground Alert), and OBTAINING PERMISSION.

16. PRECEDENCE. The terms of this encroachment permit take precedence over and supersede all other agreement between

the IID and permittee concerning the obligations undertaken in connection with this permit. 17. DRAINAGE OUTLETS. All drainage outlets shall be installed in conformance with District Standard drawing 12F-6855

(Sheets 1-7). As noted within these drawings, all non-agricultural discharge facilities require a valve to prevent the backflow of water from IID’s drainage system into the discharging system.

18. ENVIRONMENTAL. The Permitee shall comply with and abide by all federal, state and local environmental laws,

rules, regulations and guidelines applicable to the site of the work or activities for which this permit is granted. Permitee’s failure to fulfill this provision shall be a material breach of this permit. The District shall not be held responsible for any violation or non-compliance by Permitee of any and all applicable laws, rules, regulation and guidelines pertaining to environmental issues in the performance of the work or activities under this permit. These issues include but are not limited to: wildlife habitat; rare, threatened, endangered or species of special concern; sensitive vegetation, air and water quality, cultural resources, etc., their impacts, and mitigation thereof.

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SUBMIT ENCROACHMENT PERMIT APPLICATION AND REQUEST FOR ABANDONMENT

OF WATER FACILITY TO:

Imperial Irrigation District

Real Estate Supervisor

Attn: Jim Kelley

Mailing address: P.O. Box 937

Imperial, CA 92251

Hand delivery: 1653 W. Main Street El Centro, CA 92243

(760) 339-9240

(760) 339-9127 Fax

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SECTION III

Customer Service Project Agreement

Project Initiation and Planning Phase Fee Payment

Project Design Phase Payment

Project Construction Phase Payment

Indemnification Agreement

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CUSTOMER SERVICE PROJECT AGREEMENT Imperial Irrigation District

Project Address: __________________________________________________________________________ 1. To ensure correct billing, please provide the following information: (billing will be issued in the name under

which this job was initiated.)

Customer Name: _______________________________________________________________________

Mailing Address for Billing: _______________________________________________________________

Telephone No.: (______) ______________________ Fax No.: (______) _________________________

Tax ID No. / Social Security No.: ___________________________________________________________ 2. Person or business responsible for the project expenditures:

Name: _______________________________________________________________________________

Address: _____________________________________________________________________________

Telephone No.: (______) ______________________ Fax No.: (______) _________________________

Tax ID No. / Social Security No.: ___________________________________________________________ NOTE: FAILURE TO COMPLETE THIS FORM AND RETURN IT TO IID WILL CAUSE A DELAY IN

PLANNING, DESIGN AND CONSTRUCTION FOR THIS PROJECT.

I AGREE AND UNDERSTAND THAT THE SPECIFIC PHASE FEE (DESIGN PHASE, CONSTRUCTION PHASE) AMOUNT APPLIES ONLY TO COSTS THROUGH THAT PHASE AND THAT AN ADDITIONAL DEPOSIT WILL BE REQUIRED FOR THE NEXT PHASE. I ALSO UNDERSTAND THAT MY OBLIGATION IS TO PAY FOR ACTUAL PROJECTS COSTS. THUS, AFTER PROJECT CLOSURE I WILL BE BILLED OR REFUNDED BASED UPON ACTUAL PROJECT COSTS. IF THE PROJECT IS CANCELLED, I UNDERSTAND THAT I WILL BE OBLIGATED FOR ACTUAL COSTS THROUGH CLOSURE OF THE PROJECT THROUGH THAT POINT IN TIME. _________________________________ ___________________ ____________________________ Signature Date Representing _________________________________ Print Name

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PROJECT INITIATION AND PLANNING FEE PAYMENT Imperial Irrigation District

Dear Customer: To aid us in the completion of the planning phase of your project please provide the following information. Where your project encroaches on IID facilities please provide appropriate plan, profile and sectional views. All plans should provide the pre and post design conditions:

Planning Fee Attached $ ___________ Various Plans and Related Documents Required to Complete Your Project Including But Not Limited to: ____ Project Plan Sheets Showing Encroachments and/or Potential Impacts to IID Facilities and/or

Right-of-Way

____ Retention Basin Design with Calculations ____Tentative Map

____ Final Map ____Conditions of Approval

____ All Project Environmental Documents (CEQA, NEPA, etc.)

1. Project Name:_________________________________________________________________________ 2. Township ______________________ Range ___________________ Section ______________________

Address: Street ________________________________________City ________________ Zip _________

APN# (Assessor Parcel No.) ______________________________________________________________ 3. Owner ___________________________________________ Telephone No. (______) ________________


Contact Person ________________________________________________________________________

Address: Street ________________________________________City ________________ Zip _________ 4. Consultant ____________________________Telephone No. (______) ________________


Contact Person ____________________________________________________________

Address: Street ________________________________________City ________________ Zip _________ 5. Date Planning Information/Alternatives Are Required ___________________________________________ I AGREE AND UNDERSTAND THAT THE PLANNING FEE IS NON-REFUNDABLE AND NO REIMBURSEMENT WILL BE DUE IF THE PROJECT IS CANCELLED. _________________________________ ___________________ ____________________________ Signature Date Representing _________________________________ Print Name

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PROJECT DESIGN PHASE PAYMENT Imperial Irrigation District

Dear Customer: To aid us in the completion of the design phase of your project please submit this form.

Estimated Design Phase Cost - Payment Attached $_________________________





Contact Person ________________________________________________________________________



Contact Person ____________________________________________________________

Address: Street ________________________________________City ________________ Zip _________ 5. Date Planning Information/Alternatives Are Required ___________________________________________

I AGREE AND UNDERSTAND THAT THE DESIGN PHASE AMOUNT APPLIES ONLY TO COSTS UP TO BIDDING/MATERIAL PROCUREMENT AND THAT AN ADDITIONAL DEPOSIT WILL BE REQUIRED FOR THE CONSTRUCTION PHASE WHICH INCLUDES BIDDING/MATERIAL PROCUREMENT. I ALSO UNDERSTAND THAT MY OBLIGATION IS TO PAY FOR ACTUAL PROJECTS COSTS. THUS, AFTER PROJECT CLOSURE I WILL BE BILLED OR REFUNDED BASED UPON ACTUAL PROJECT COSTS. IF THE PROJECT IS CANCELLED, I UNDERSTAND THAT I WILL BE OBLIGATED FOR ACTUAL COSTS THROUGH CLOSURE OF THE PROJECT THROUGH THAT POINT IN TIME. _________________________________ ___________________ ____________________________ Signature Date Representing _________________________________ Print Name

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PROJECT CONSTRUCTION PHASE PAYMENT Imperial Irrigation District

Dear Customer: To aid us in the completion of the construction phase of your project please submit this form.

Estimated Construction Phase Cost - Payment Attached $__________________________





Contact Person ________________________________________________________________________



Contact Person ____________________________________________________________

Address: Street ________________________________________City ________________ Zip _________ 5. Date Planning Information/Alternatives Are Required ___________________________________________

I AGREE AND UNDERSTAND THAT THE CONSTRUCTION PHASE AMOUNT APPLIES ONLY TO COSTS FROM BIDDING/MATERIAL PROCUREMENT THROUGH PROJECT CLOSURE. I ALSO UNDERSTAND THAT MY OBLIGATION IS TO PAY FOR ACTUAL PROJECTS COSTS. THUS, AFTER PROJECT CLOSURE I WILL BE BILLED OR REFUNDED BASED UPON ACTUAL PROJECT COSTS. IF THE PROJECT IS CANCELLED, I UNDERSTAND THAT I WILL BE OBLIGATED FOR ACTUAL COSTS THROUGH CLOSURE OF THE PROJECT THROUGH THAT POINT IN TIME. _________________________________ ___________________ ____________________________ Signature Date Representing _________________________________ Print Name

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Imperial Irrigation District Terms and Conditions for

Receipt of Water Department Facility Construction for New Developments

In consideration of IID’s provision of Water Department facility construction for the development project, Applicant agrees to the following: 1) Applicant is fully responsible for meeting and addressing all environmental issues and concerns, safety requirements as well as required modifications, installations, maintenance, repairs and removals as related to all components of irrigation and drainage facilities, on and off the construction or project site, where such systems and facilities are modified, installed, repaired or removed as part of Applicant’s project. This responsibility of Applicant will continue until all modifications, installations, repairs and removals for these systems and facilities have been completed by the district or the district’s representative. 2) To the fullest extent permitted by law, Applicant shall indemnify and save the District free and harmless of and from all claims, demands, losses, and liability, including cost and legal fees, arising directly or indirectly out of obligations undertaken in connection with this project, excepting only claims arising from the sole negligence or misconduct of the District. Applicant: __________________________________________________ Date: ________________________ Witness: ___________________________________________________ Date: ________________________ Witness: ___________________________________________________ Date: ________________________

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SECTION IV

Standard Drawings

42


SECTION V

Project Contact List

43

IMPERIAL IRRIGATION DISTRICT CONTACT LIST

WATER DEPARTMENT Administration Office 333 East Barioni Blvd Imperial, CA 92250 760 339-9287 KEY CUSTOMER COORDINATOR 333 East Barioni Blvd Imperial, CA 92250 760 339-9557 WATER ENGINEERING 333 East Barioni Blvd Imperial, CA 92250 760 339-9256 PROJECT MANAGEMENT 333 East Barioni Blvd Imperial, CA 92250 760 339-9714 COMMUNITY RELATIONS 333 East Barioni Blvd Imperial, CA 92250 760 339-9144 REAL ESTATE 1653 West Main St El Centro, CA 92243 760 339-9239 ENERGY DEPARTMENT Administration Office 1653 West Main St El Centro, CA 92243 760 339-9249