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HomeMy WebLinkAbout2010-02-04 - Planning-Engineering-Operations Committee Meeting Agenda Packet 'rba Linda Water District AGENDA YORBA LINDA WATER DISTRICT PLANNING-ENGINEERING-OPERATIONS COMMITTEE MEETING Thursday, February 4, 2010, 4:00 PM 1717 E Miraloma Ave, Placentia CA 92870 COMMITTEE STAFF Director William R. Mills, Chair Ken Vecchiarelli, General Manager Director John W. Summerfield Steve Conklin, Engineering Manager Lee Cory, Operations Manager Ken Mendum, Operations Superintendent John DeCriscio, Chief Plant Operator 1. PUBLIC COMMENTS Any individual wishing to address the committee is requested to identify themselves and state the matter on which they wish to comment. If the matter is on this agenda, the committee Chair will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on this agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. 2. ACTION CALENDAR This portion of the agenda is for items where staff presentations and committee discussions are needed prior to formal committee action. 2.1. Amendment No. 2 to Professional Services Agreement - Design of Highland Booster Pump Station Replacement Recommendation: That the Committee recommend the Board of Directors approve Amendment No. 2 to the Professional Services Agreement (PSA) with MWH Americas, in the amount of $18,929 for additional engineering services for the Highland Booster Pump Station Replacement/Expansion Project, Job No. 200814. 2.2. Change Order No. 2 for the San Antonio Pressure Reducing Station Upgrade Project Recommendation: That the Committee recommend the Board of Directors approve Change Order No. 2 in the amount of $12,777.65, with the addition of 0 calendar days to Paulus Engineering, Inc. for construction of the San Antonio Pressure Reducing Station Upgrades Project, Job No. 200901. 2.3. Drilling Contract for Well No. 20 Recommendation: That the Committee recommend the Board of Directors authorize execution of a Construction Agreement for Drilling Well No. 20 to the lowest responsible bidder. 2.4. License Agreement with the Orange County Water District to Discharge Well No. 20 Blow-Off Water Into the Warner Basin Complex Recommendation: That the Committee recommend the Board of Directors authorize execution of a License Agreement with OCWD to allow Well 20 blow-off water to discharge into OCWD's Conrock Basin, subject to approval as to form by General Counsel. 2.5. Recycled Water Facilities Planning Study Recommendation: That the Committee recommend the Board of Directors authorize execution of a Professional Services Agreement with Malcolm Pirnie, Inc. in the amount of $146,044 to prepare a Recycled Water Facilities Planning Study. 2.6. Status of Change Orders and Final Progress Payment with Ken Thompson, Inc. Recommendation: That the Committee provide further direction to staff on the continuing progress of the discussions. 3. DISCUSSION ITEMS This portion of the agenda is for matters such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Committee members. This portion of the agenda may also include items for information only. 3.1. MET Shutdown Operating Plan (Verbal report accompanied by PowerPoint exhibits.) 3.2. Water Supply to Black Gold Golf Course 3.3. Monthly Groundwater Production and Purchased Import Water Report 3.4. Monthly Preventative Maintenance Program Report 3.5. Monthly Groundwater Producers Meeting Report 3.6. Status Report on Capital Projects in Progress 3.7. Future Agenda Items and Staff Tasks 4. ADJOURNMENT 4.1. The next regular meeting of the Planning-Engineering-Operations Committee will be held March 4, 2010 at 4:00 p.m. Items Distributed to the Committee Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items and are distributed to a majority of the Committee less than seventy-two (72) hours prior to the meeting will be available for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District's internet website accessible at http://www.ylwd.com/. Accommodations for the Disabled Any person may make a request for a disability-related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. ITEM NO. 3.1 AGENDA REPORT Meeting Date: February 4, 2010 Budgeted: Yes Total Budget: $5.5M To: Planning-Engineering- Cost Estimate: $18,929 Operations Committee Funding Source: Water Revenue Bond From: Ken Vecchiarelli, General Account No: 101-2700 Manager Job No: J-200814 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Hank Samaripa, Project CEQA Compliance: N/A Engineer Subject: Amendment No. 2 to Professional Services Agreement - Design of Highland Booster Pump Station Replacement SUMMARY: Design of the new Highland Booster Pump Station (BPS) is proceeding on schedule. During recent discussions concerning various project elements, District staff and the project team determined that additional design efforts are needed which were not included in the original scope of work and the Professional Services Agreement (PSA). MWH prepared a proposal for these additional engineering services, which staff has reviewed and is recommending for approval. STAFF RECOMMENDATION: That the Committee recommend the Board of Directors approve Amendment No. 2 to the Professional Services Agreement (PSA) with MWH Americas, in the amount of $18,929 for additional engineering services for the Highland Booster Pump Station Replacement/Expansion Project, Job No. 200814. DISCUSSION: During the review of the 75% design plans, District staff identified the need for revisions to the original design elements not in the original services agreement. At the request of District staff, MWH provided a proposal for additional civil engineering services for a new access road and security entrance to the reservoir and pump station; and added structural and mechanical engineering for a split level floor design to accommodate large piping and control valves, and new gas engines. These added design services provide for optimum maintenance serviceability of the new equipment as well as better access and security to the site. MWH submitted a proposal for the design services which was significantly reduced through negotiations with District staff. The attached proposal for additional services is the amount recommended by District staff as necessary and appropriate for the work requested. If approved, Amendment No. 2 for $18,929 will increase the PSA total from $568,098 to $587,027. A copy of the proposal by MWH is attached PRIOR RELEVANT BOARD ACTION(S): On July 9, 2009 the Board of Directors approved the award of the Professional Services Agreement for the Highland Booster Pump Station Replacement Project to MWH Americas, for a fee not to exceed $469,593. On January 28, 2010 the Board of Directors approved Amendment No. 1 for a fee not to exceed $91,940. ATTACHMENTS: Name: Description: Type: MWH addm 2 012710.pdf MWH addm 2 Backup Material MWH BUSLAlNS A BETTER WORLD January 26, 2010 Hank Samaripa Yoroa Linda Water District 1717 E. Miraloma Ave. Placentia, CA 92870 Subject: Highland Pump Station, Project No. J-200814 Proposal for Additional Design Services Dear Mr. Samaripa: MWH is designing the Replacement Highland Pump Station Project for the District. The preliminary design was completed on September 1, 2009. The 75% plans and specifications were submitted to the District for review on December 2, 2009. Some of the 75% design review comments received from the District requires additional design services that were not included in our original scope of services. We are requesting a contract addendum to complete these additional services. The original scope of services was based on a concept design provided by the District. Some of the corpmepts received in the design review change the assumptions made ir► our scope of services. The following changes will require additional design: 1. Civil - The design will now include re-grading the area around the existing cell tower and connecting to an existing retaining wall. A new access road will be graded and paved to connect the southerly access road to the reservoir access road at the east entrance, Fencing modifications will be made at the east entrance and the horizontal control plan wilt need to be extended to show the east property line. 2. Structural The building will include a split-level floor for the pump room- The change will affect the floor and wail design. New building calculations will be required. Modifications will be made to the floor plan, elevations and details. 3. Mechanical - The mechanical plan and sections will be modified to accommodate the split level floor in the pump room. Floor drains will be modified to separate the drainage from the two levels. These changes will revise both the plans and specifications. MWH will start immediately upon your authorization. Attached is Exhibit A that describes the additional hours and budget needed for this work. Please contact Michael Moore at (949) 328-2405 if you have any questions. i' llin i JD n Ro o n Vi President 618 MicniN da Ave rr,. 626 796 9141 Suite 200 17rx 626 568 610 1 Arcata, CA 5100 7 1nrA"1tV.rrrwhgi0t8i.c0m Exhibit 8 Proposed Budget Exhibit A YLWD HP - Addendum #2 Budget Task Principe! Principal Professional 5upv Engineer Designer CADp Other Direct Cast Total Addendum 2 235 210 185 135 16.75 1. Civit Design 1 2 28 8 0 $1,214 $7,559 2. Structural Design 1 8 20 26 0 $8,725 3. Mechanical 1 11 21 12 $2635 Total 1 2381 222 _2251 169 $0 1 $1,214 1 $18,929 ITEM NO. 3.2 AGENDA REPORT Meeting Date: February 4, 2010 Budgeted: Yes Total Budget: $280,000 To: Planning-Engineering- Cost Estimate: $280,000 Operations Committee Funding Source: ID No. 1 GO Bonds From: Ken Vecchiarelli, General Account No: 101-2700 Manager Job No: 200901 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: No Prepared By: Joe Polimino, Project Engineer CEQA Compliance: Exempt Subject: Change Order No. 2 for the San Antonio Pressure Reducing Station Upgrade Project SUMMARY: Construction is complete by Paulus Engineering, Inc for the San Antonio Pressure Reducing Station Upgrade Project. Due to changed conditions encountered during construction, approval of Change Order No. 2 is recommended to complete the project. STAFF RECOMMENDATION: That the Committee recommend the Board of Directors approve Change Order No. 2 in the amount of $12,777.65, with the addition of 0 calendar days to Paulus Engineering, Inc. for construction of the San Antonio Pressure Reducing Station Upgrades Project, Job No. 200901. DISCUSSION: In accordance with the contract documents, Paulus Engineering, Inc. has submitted a request for Change Order No. 2, which represents an increase in the contract amount of $12,777.65 and a time extension of 0 calendar days. The claim relates to the existing vault top which was removed per plan. During this operation, it was discovered that there was a conflict with an existing SCE electrical conduit that was encased in concrete. The concrete encasement was not shown an any available plans. An RFI was sent in to Psomas, the Engineer of Work for a solution. The recommendation was that the contractor saw-cut the complete perimeter wall of the existing vault to adjust it to the elevation needed to provide the necessary clearance to the SCE encasement. The cost quotation for the extra work was reviewed by District staff and our Engineer of Work and determined to be necessary and appropriate for the services of a subcontractor to saw cut around the entire vault, demolish and remove the excess concrete. The status of the construction contract with Paulus Engineering, Inc. is as follows: . The current contract is $256,816.73 and 130 calendar days starting June 22, 2009. . If approved, Change Order No. 2 adds $12,777.65 (5.4% of the original contract amount) and 0 calendar days. . If approved, Change Order No. 2 increases the total contract amount to $269,594.38 and 130 calendar days. Staff and Psomas, the District's design engineer, have reviewed the contractor's request for Change Order No. 2 and recommend approval. A copy of Change Order No. 2 is attached for your reference. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors approved four progress payments to date, the latest of which was approved on January 28, 2010. On December 10, 2009, the Board approved Change Order No. 1 for $20,566.73. ATTACHMENTS: Name: Description: Type: Change Order 2 Paulus Engineering. pdf Paulus Change Order 2 Backup Material YO RBA LINDA WATER DISTRICT CHANGE ORDER NO. 002 DATE January 21, 2010 Page 1 of 1 CONTRACT NAME: San Antonio PRS Upgrades CONTRACT AMT.: $256,816.73 DAYS: 130 CONTRACTOR: Paulus Engineering Inc. THIS CHANGE: $12,777.65 DAYS: 0 (4.97%) OWNER: Yorba Linda Water District REVISED CONTRACT AMT: $ 263,594.38 DAYS: 130 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor and Yorba Linda Water District otherwise referred to as Owner. DESCRIPTION OF CHANGES +INCREASE CONTRACT TIME OR +EXTENSION - DECREASE IN /OR- CONTRACT REDUCTtON AMOUNT (DAYS) [5} Saw cut vault walls around complete perimeter to adjust elevation as required Der RFI No. $12,777.65 0 108 from Psomas, Engineer of Work. NET CHANGE $12,777.65 0 Days REVISED CONTRACT AMOUNT AND TIME $269,594.38 130 Days The amount of the contract will be increased by the sum of $ 12,777.65 and the contract time shall be increased 4desreased~ by 0 calendar days. The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner. This Change Order constitutes full, fina, and complete compensation to the Contractor for all costs, expenses, overhead, profit, and any damages of every kind that the Contractor may incur in connection with the above referenced changes in the work, including any impact on the referenced work of any other work under the contract, any changes in the sequences of any work, any delay to any work, any disruption of any work, any rescheduling of any work, and any other effect on any of the work under this contract- By the execution of the Change Order, the Contractor accepts the contract price change and the contract completion date change, if any, and expressly waives any claims for arm-additional compensation, damages or time extensions, in connection with the above-referenced changes- f RECOMMENDED: - /ENGINEER OR DATE: CONSULTANT St6e Conk] Bering Manager ACCEPTED. /CONTRACTOR DATE: r ry ; J Jason Paulus, Vice President APPROVED: DATE: /OWNER Kenneth R. Vecchiarelli, General Manager ITEM NO. 3.3 AGENDA REPORT Meeting Date: February 4, 2010 Budgeted: Yes Total Budget: $2M To: Planning-Engineering-Operations Cost Estimate: $600,000 Committee Funding Source: Water Capital Reserves From: Ken Vecchiarelli, General Manager Account No: 101-2700 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Anthony Manzano, Senior Project CEQA Compliance: Exempt Manager Subject: Drilling Contract for Well No. 20 SUMMARY: The District will receive construction bids for the drilling of Well No. 20 on February 2. Staff will review the bids and present the bid results and recommendations for award to the PEO Committee. STAFF RECOMMENDATION: That the Committee recommend the Board of Directors authorize execution of a Construction Agreement for Drilling Well No. 20 to the lowest responsible bidder. DISCUSSION: Plans and specifications were completed for the Drilling of Well 20 located at the southeast corner of the District's Well No. 11 site. Well 11 is located at the north end of the site, which is large enough to allow Well 20 to be drilled prior to Well 11 abandonment. Use of the existing site will allow the District to use existing facilities including the disinfection building and off site pipeline, in addition to saving time and money by not going through property acquisition for a new site. Staff solicited bids and conducted a Pre-Bid meeting on January 20, with bids due on February 2. Staff will review the bids and present recommendations at the Planning-Engineering-Operations Committee Meeting on February 4. PRIOR RELEVANT BOARD ACTION(S): In August 2008, the Board of Directors approved a Professional Services Agreement with Camp Dresser & McGee in the amount of $179,469 to provide hydrogeologic services to evaluate two potential well sites and provide well drilling design, specifications and inspection services. ATTACHMENTS: Name: Description: Type: Revised Agenda Report.doc Revised Agenda Report Report(s) ITEM NO. 2.3 AGENDA REPORT Meeting Date: February 4, 2010 Budgeted: Yes Total Budget: $2M To: Planning-Engineering- Cost Estimate: $600,000 Operations Committee Funding Source: Water Capital Reserves From: Ken Vecchiarelli, Account No: 101-2700 General Manager Job No: 200711 Presented By: Steve Conklin, Dept: Engineering Engineering Manager Reviewed by Legal: N/A Prepared By: Anthony Manzano CEQA Sr. Project Manager Compliance: Exempt Subject: Award of Contract for Drilling Well No. 20 SUMMARY: Bids were received on February 2 for the drilling of Well No. 20. Staff reviewed the bids and recommends award to the lowest responsible bidder, Bakersfield Well & Pump Company. STAFF RECOMMENDATION: That the Committee recommend the Board of Directors authorize execution of a Construction Agreement, in the amount of $367,291.00, with Bakersfield Well & Pump Company for Drilling Well No. 20. DISCUSSION: Plans and specifications were completed for the Drilling of Well No. 20 located at the southeast corner of the Well 11 site at the south end of Richfield Road. Well 11 is located at the north end of the site which is large enough to allow for Well 20 to be drilled prior to Well 11 being abandoned. The new project will make use of existing facilities including the disinfection building and offsite pipeline. Staff solicited bids, conducted a pre-bid meeting on January 20, and received bids on February 2. The Engineer's Estimate of cost was $576,000 and the bid results are listed below. Contractor Bid Amount Bakersfield Well & Pump Company $367,291.00 Palm Springs Pump, Inc. $413,977.00 Best Drilling & Pump, Inc. $418,860.00 South West Pump & Drilling, Inc. $431,275.00 Staff reviewed the bid documents, status of license with State Contractors Board and references of the contractor and found all were in order. Staff recommends award of a construction agreement to Bakersfield Well & Pump Company, in the amount of $367,291.00. PRIOR RELEVANT BOARD ACTION(S): In August 2008, the Board of directors approved a Professional Services Agreement with Camp, Dresser & McKee in the amount of $179,469, to provide hydrogeologic services to evaluate two potential well sites and provide well drilling design, specifications and inspection services. ITEM NO. 3.4 AGENDA REPORT Meeting Date: February 4, 2010 Budgeted: Yes Total Budget: $2M To: Planning-Engineering- Cost Estimate: $550 Operations Committee Funding Source: Water Capital Reserves From: Ken Vecchiarelli, General Account No: 101-2700 Manager Job No: 200711 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: No Prepared By: Anthony Manzano, Senior CEQA Compliance: Exempt Project Manager Subject: License Agreement with the Orange County Water District to Discharge Well No. 20 Blow-Off Water Into the Warner Basin Complex SUMMARY: In order for the District to proceed with construction of Well No. 20, it is necessary to enter into a License Agreement with the Orange County Water District (OCWD) to allow Well 20 blow-off water to discharge into OCWD's Conrock Basin. Conrock Basin is a smaller basin within OCWD's larger Warner Basin Complex, and is adjacent to the District's Well 20. Conrock Basin is the most convenient location and least expensive method for discharging Well 20 blow-off water. A copy of the license agreement is attached for review. STAFF RECOMMENDATION: That the Committee recommend the Board of Directors authorize execution of a License Agreement with OCWD to allow Well 20 blow-off water to discharge into OCWD's Conrock Basin, subject to approval as to form by General Counsel. DISCUSSION: Plans and specifications were completed for the Drilling of Well 20 located at the south-east corner of the Well 11 site at the south end of Richfield Road. Conrock Basin is a smaller basin within OCWD's larger Warner Basin Complex, and is adjacent to the District's proposed Well 20. Using Conrock Basin is the most convenient location and least expensive method for discharging Well 20 blow-off water. Therefore, staff is seeking authorization for execution of a License Agreement with OCWD to discharge into the Warner Basin Complex. The term of the license is 50 years. The fee to OCWD for processing the license agreement is $550. A District check for this amount has been prepared and will be submitted if the execution of the license agreement is approved by the Board. PRIOR RELEVANT BOARD ACTION(S): In August 2008, the Board of Directors approved a Professional Services Agreement with Camp Dresser & McKee in the amount of $179,469 to provide hydrogeologic services to evaluate two potential well sites and provide well drilling design, specifications and inspection services. ATTACHMENTS: Name: Description: Type: OCWD License Agreement 01-25-2010.pdf OCWD License Agreement Backup Material ORIGINAL LICENSE AGREEMENT (YORBA LINDA WATER DISTRICT) (WARNER BASIN COMPLEX) This License Agreement ("License") is made and entered into as of January 6, 2010 by and between the ORANGE COUNTY WATER DISTRICT, a political subdivision of the State of California organized under Chapter 924 of the Statutes of 1933, as amended ("OCWD"), and YORBA LINDA WATER DISTRICT, a special governmental district of the State of California ("Licensee"). PART I FUNDAMENTAL LICENSE TERMS 1.1 License: OCWD hereby issues to Licensee a License to enter upon the following real property owned by OCWD, for the purpose or activity specified in Paragraph 1.1.2: 1,1.1 Licensed Property: 4060 E. La Palma Avenue, Anaheim, CA., Conrock Basin, as shown on the map included as Part IV attached hereto and incorporated herein by this reference ("Premises"). 1.1.2. Use of Premises: For and during the term of this License, and any extension or renewal thereof, Licensee shall use the Premises solely and exclusively for the following purpose(s) or activity(ies): to discharge well development water during the initial construction of water well No. 20; to repair the erosion damage due to the discharge of water from the existing water well No. 11; and to discharge well startup and shutdown water from water well No. 20 on continuous basis subject to the requirements for water discharge, water quality, and water monitoring as stated in Part III and Part V of this License Agreement. 1.2 Term: This License shall commence on January 6, 2010 ("Commencement Date") and shall continue to and terminate at 11:59 p.m. local time on December 31, 2060 ("Expiration Date"). This License and the Licensee's rights hereunder may not be extended beyond the Expiration Date unless such extension is set forth in writing and signed by both OCWD and the Licensee. Notwithstanding the foregoing or any other provision of this License, either OCWD or Licensee may terminate this License with or without cause, or for any reason, at any lime, by giving the other party a ninety (90) days written notice of termination. BY PLACING ITS INITIALS HERE, LICENSEE ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THE PROVISIONS OF THIS LICENSE THAT ALLOW OCWD TO TERMINATE THIS LICENSE AT ANY TIME WITH OR WITHOUT CAUSE AS SET FORTH HEREINABOVE. Licensee: 131 /0334 cA -0016 949607.01 all' 13109 1.3 License Consideration. As consideration for the issuance of this License, Licensee shall pay to OCWD the sum of FIVE HUNDRED FIFTY DOLLARS ($550.00) payable prior to entering the Premises ("License Fee") in accordance with Part II (General Provisions). 1.4 Notices and Payments: All payments, notices and other writings required to be delivered under this License to either party shall be delivered in accordance with the provisions of Part U ("General Provisions"), to OCWD at the address set forth in Part II, and to Licensee at the address set forth in this Part I. 1.5 Attachments: This License incorporates by reference the following Attachments to this License: Part I: Fundamental License Terms Part II: General License Provisions Part III: Special License Provisions Part IV: Map of the Premises Part V: Factsheet Acrylamide 1.6 Integration: This License represents the entire understanding of OCWD and Licensee as to the License and all other matters contained herein. No prior oral or written understanding shall be of any force or effect with regard to those matters covered by this License. This License supersedes and cancels any and all previous negotiations, arrangements, agreements or understandings, if any, between the parties, and none shall be used to interpret this License. IN WITNESS WHEREOF, the parties have executed and entered into this License as of the date first set forth above. ORANGE COUNTY WATER DISTRICT, YORBA LINDA WATER DISTRICT, a political subdivision of the State of California a special governmental district of the State of organized under Chapter 924 of the Statutes of California 1933, as amended By. By: _ A-1.7 6~- Name: - Kathryn L." e Title: By: MMiAaefk. arkus P. E., General Manager By: Name: APPROVED AS TO IFORM: Title: RUTAN & TUCKER/qLP. r [Note: Licenses issued to corporations = - require the signature of two corporate General Co4nsel, Ofange County Water officers] District ~I 1 31/022494)-0016 949607.01 a17J18109 -2- Licensee Information: Address for Notices: 1717 E. Miraloma Ave. P.O. Box 309 Placentia, CA 92885-0309 Attn: Steve Conklin Telephone Number: (714) 701-3106 Fax No.: (714) 701-3058 Email Address: sconklin@ylwd.com I? I i02>499-0016 114960'1.01 al21IS/01) -3- PART II GENERAL LICENSE PROVISIONS 2.1 Payment of License Fee 2. 1.1 Transmittal of Payments: Licensee shall make all License Fee payments, and pay all other sums due under this License, in lawful money of the United States, by check payable to "ORANGE COUNTY WATER DISTRICT," and shall personally deliver or mail all payments without any notice or demand to OCWD at the address set forth in Paragraph 2.8.1 below. Licensee assumes all risk of loss or late payment if any payment is made by mail. 2.1.2 No Offsets: All License Fees and other sums due under this License shall be paid without offset or deduction, and shall be deemed payments on account. Neither the payment by Licensee nor the acceptance by OCWD of any License Fee or other sum in an amount which is less than the amount due and payable pursuant to this License, nor the issuance of a monthly statement showing as due and payable an amount less than is properly due and payable pursuant to the terms of this License, shall constitute an agreement by OCWD modifying this License or a waiver of OCWD's right to receive all sums provided for in this License. No endorsement or statement on any check or any letter accompanying any check or payment shall be deemed an accord or satisfaction, and OCWD shall accept all checks and payments from Licensee without prejudice to OCWD's right to recover the balance of the amount due or to pursue any other remedy in this License or otherwise provided by law. 2.2 Charges for Payment of License Fee 2.2.1 If any payment of any License Fee or any other sum due OCWD is not received by OCWD within ten (10) days after the due date, Licensee shall be deemed delinquent in its License Fee payment and a late charge of one and one-half percent (1.5%) of the delinquent amount, plus the sum of One Hundred Dollars ($100.00), shall become immediately due and payable to OCWD. An additional charge of one and one-half percent (1.5%) of such delinquent License Fee payment (excluding late charges) shall be added for each additional calendar month (or portion thereof) that the delinquent sum remains unpaid. 2.2.2 Licensee and OCWD hereby acknowledge and agree that such late charges do not represent and shall not be deemed to be an interest payment, but that such late charges represent a fair and reasonable estimate of the costs and expenses that OCWD will incur by reason of Licensee's late payment. 131 /022.199-0016 949607.01 a12/18/0 -4- 2.2.3 Acceptance by OCWD of any delinquent License Fee payment or late charge shall in no way constitute a waiver of Licensee's default with respect to such overdue and delinquent payment, or in any way impair, prevent or restrict OCWD from exercising any of its rights or remedies set forth in this License or otherwise provided at law. 2.3 Use of Premises 2.3.1 Conditions of Use: For and during the term of this License, and any extension or renewal thereof, Licensee's use of the Premises shall be subject to the following conditions, covenants and restrictions: 2.3.1.1 Except as provided in this License, the Premises shall be used only for the purposes specified in Paragraph 1. 1.2 above, and the Premises shall not be used for any other use or purpose whatsoever, without the prior written consent of OCWD. 2.3.1.2 Licensee shall not cause, permit or suffer any "hazardous material," "hazardous waste" or "hazardous chemicals" as those terms are used in CERCLA (42 U.S.C. § 9601(14)) or SARA (42 U.S.C. § 110211(e)) or any similar Federal, State, or local law, statute, ordinance, regulation or order, or otherwise determined by OCWD, to be brought upon, left, used or abandoned on the Premises. 2.3.1.3 Licensee shall not maintain, commit or permit the maintenance or commission of any waste or any nuisance (as defined in California Civil Code section 3479) on the Premises, and Licensee shall not use or permit the use of the Premises for any unlawful purpose. 2.3.1.4 OCWD or its authorized representative shall have the right at all reasonable times to enter upon the Premises and inspect the general condition of the Premises to determine if Licensee is complying with the terms, conditions, requirements and provisions of this License. 2.3.2 Utilities and Services: Licensee shall be solely responsible for obtaining all utility service and for the payment of all utility charges, including but not limited to water and power, supplied to the Premises- 2.3.3 Permits and Aourovals: Licensee shall obtain any and all governmental permits, approvals, licenses or other authorizations which may be required in connection with the use of the Premises as set forth in this License. No approval or consent given under this License by OCWD shall affect or limit Licensee's obligations hereunder, nor shall any approvals or consents given by OCWD, in its capacity as a party to this License, be deemed to be approval as to compliance or conformance with any applicable governmental codes, laws, orders, rules or regulations. 131 /07.2,199-0016 1)49607.01 all/ 19/09 -5- 2.4 Insurance: Without limiting Licensee's indemnification obligations, Licensee shall not enter or occupy the Premises until Licensee has obtained all of the insurance required herein from a company or companies licensed to do business in the State of California and acceptable to OC WD, and Licensee shall maintain all such insurance in full force and effect at all times during the term of this License and any extension or renewal thereof. Insurance shall be placed with insurers having a current A.M. Best rating of no less than A-:VII or equivalent or as otherwise approved by OCWD. 2.4.1 Licensee shall take out and maintain the following insurance: 2.4.1.1 Workers' Compensation and Employer's Liability Insurance: Licensee shall cover or insure under the applicable laws relating to workers' compensation insurance all of its employees working on or about the Premises, in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any Acts amendatory thereof. Licensee shall provide worker's compensation insurance and employer's liability insurance with limits not less than One Million Dollars ($1,000,000) each occurrence, One Million Dollars ($1,000,000) disease policy limit, and One Million Dollars ($1,000,000) disease each employee. Such policy of workers compensation insurance shall contain the following separate endorsements: (a) "Insurer waives all rights of subrogation against the Orange County Water District, its officers, directors, employees, representatives and volunteers." (b) "This insurance policy shall not be suspended, voided, reduced in coverage or in limits, cancelled, limited, non-renewed or materially changed for any reason by the insurer until thirty (30) days after receipt by the Orange County Water District of a written notice of such cancellation, limitation or reduction of coverage." 2.4.1.2 Commercial General Liability Insurance providing coverage in the following minimum limits: (a) Combined single limit of Two Million Dollars ($2,000,000) per occurrence for Bodily Injury, Personal Injury or Death and Property. (b) Damage Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage (occurrence Form CG 0001). (c) If Commercial General Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to 131/022499-0016 941>607.01 a12/18/09 -6- the project/location (with the ISO CG 2503 or ISO CG 2504, or insurer's equivalent endorsement provided to OCWD), or the general aggregate limit shall be twice the required occurrence limit. 2.4.1.3 Comprehensive Automobile Liability Insurance, including owned, non- owned, leased, hired, and borrowed automobiles and similar vehicles, providing the following minimum limits: (a) Combined single limit of One Million Dollars ($1,000,000) per occurrence for Bodily Injury or Death and Property Damage. (b) Coverage shall be at least as broad as Insurance Services Office (ISO) Business and Auto Coverage (Form CA 0001) covering any auto. 2.4.2 Endorsements: The policies of liability insurance provided for in Paragraphs 2.4.1.2 and 2.4.1.3 shall specify that this specific License is insured and that coverage for injury to participants resulting from Licensee's activities is not excluded, and shall be in a form satisfactory to OCWD and contain the following separate endorsements: (a) "The Orange County Water District, its officers, directors, employees, representatives and volunteers, are declared to be additional insureds on all of the above policies with respects to the operations and activities of the named insured at or from the premises of the Orange County Water District. The coverage shall contain no special limitations on the scope of protection afforded to the Orange County Water District, its officers, directors, employees, representatives and volunteers." (b) "This insurance policy shall not be suspended, voided, reduced in coverage or in limits, canceled, limited, non-renewed, or materially changed for any reason until thirty (30) days after receipt by the Orange County Water District of a written notice of such cancellation, limitation or reduction of coverage." (c) "This insurance policy is primary insurance and no insurance held or owned by the designated additional insureds shall be called upon or looked to cover a loss under said policy; the Orange County Water District shall not be liable for the payment of premiums or assessments on this policy." (d) "Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Orange County Water District, its officers, directors, employees, representatives, or volunteers." 131%O?2499-0016 949b07.01 a12/18/09 -7- (e) "This insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability." 2.4.3 Evidence of Coverage. Licensee shall at the time of the execution of the License present to OCWD the original policies of insurance required by this Paragraph 2.4 or a certificate of the insurance, with separate endorsements (Insurance Services Office Form CG 2026, or equivalent), showing the issuance of such insurance and the additional insured and other provisions and endorsements required herein and copies of all endorsements signed by the insurer's representative. All policies shall contain the Licensee's name and location of the Premises on the certificate. At least thirty (30) days prior to the expiration of any such policy, a signed complete certificate of insurance, with all endorsements provided herein, showing that such insurance coverage has been renewed or extended, shall be filed with OCWD. Licensee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2.4.4 Review of Coverage: OCWD shall have the right at any time to review the coverage, form, and limits of insurance required under this License. If, in the sole and absolute discretion of OCWD, the insurance provisions in this License do not provide adequate protection for OCWD, OCWD shall have the right to require Licensee to obtain insurance sufficient in coverage, form and limits to provide adequate protection and Licensee shall promptly comply with any such requirement. OCWD's requirements shall not be unreasonable, but shall be adequate in the sole opinion of OCWD to protect against the kind and extent of risks which may exist at the time a change of insurance is required, or thereafter. 2.4.5 Deductibles: Any and all deductibles must be declared and approved by OCWD prior to execution of this License. 2.4.6 License Contingent Upon Coverage: Notwithstanding any other provision of this License, this License shall be null and void at all times when the above-referenced original policies of insurance or Certificate of Insurance or Renewal Certificates or Endorsements are not on file with OCWD. 2.5 Indemnification 2.5.1 OCWD not Liable: OCWD shall not be liable at any time for any loss, damage or injury whatsoever to the person or property of any person or entity whatsoever, including but not limited to any employee, agent or contractor of Licensee, resulting from or arising out of any act or omission of Licensee or of any person or entity holding under Licensee, or the occupancy or use of the Premises or any part thereof by or under Licensee, or any act or omission in the exercise of any right or the performance of any obligation under 131/022499-0016 p 941>W7.01 x 12/18/09 -8 this License, or directly or indirectly from any state or condition of the Premises, or any part thereof. 2.5.2 Indemnification: Irrespective of any insurance carried by Licensee for the benefit of OCWD, and notwithstanding any other provision of this License to the contrary, Licensee shall indemnify and hold OCWD, its officers, directors, employees, representatives and volunteers harmless from and against any and all actions, claims, demands, judgments, attorneys fees, costs, damages to persons or property, penalties, obligations, expenses or liabilities of any kind that may be asserted or claimed by any person or entity (including, but not limited to, any employee, agent or contractor of Licensee) in any way arising out of or in connection with this License, the operations carried on by Licensee on the Premises or any lands to which Licensee has access hereunder, or the occupation or use of the Premises by Licensee or any person or entity holding under Licensee (collectively, "Claims"), whether or not there is concurrent active or passive negligence on the part of OCWD, and/or acts for which the OCWD would be held strictly liable, but excluding the sole active negligence and willful misconduct of OCWD. In connection therewith: 2.5.2.1 Licensee shall defend and hold OCWD, its officers, employees, agents, representatives and volunteers, harmless from any and all Claims, whether caused in whole or in part by OCWD's active or passive negligence, and/or acts for which OCWD would be held strictly liable, but excluding any Claim that results from the sole active negligence or willful misconduct of OCWD, its officers, employees, agents, or representatives; and Licensee shall pay all expenses and costs, including attorneys' fees, incurred in connection therewith. 2.5.2.2 Licensee shall promptly pay any judgment rendered against Licensee or OCWD covering any Claim, and hold and save OCWD harmless therefrom, whether such Claim was caused in whole or in part by OCWD's active or passive negligence, and/or acts for which OCWD would be held strictly liable, but excluding the sole active negligence and willful misconduct of OCWD. 2.5.2.3 In the event OCWD is made a party to any action or proceeding filed or prosecuted for or arising out of or in connection with any Claim, Licensee shall pay to OCWD any and all costs and expenses incurred by OCWD in any such action or proceeding, together with reasonable attorneys' fees. 2.5.2.4 All of the indemnity obligations of Licensee under this Paragraph 2.5.2, or as otherwise set forth in this License, shall survive the expiration or earlier termination of this License. 3 1/0' .2499-0016 949607A1 a12/1 M9 -9- 2.6 Legal Relations and Responsibilities 2.6.1 Nature of Relationship: OCWD and Licensee understand and agree that the only relationship between them created by this License is that of Licensor and Licensee, and that this License does not create, and shall not be construed to create, any agency, partnership, joint venture, landlord-tenant or other relationship between OCWD and Licensee. 2.6.2 Compliance with Laws: Licensee shall keep itself fully informed of all existing and future state and federal laws and all county and city ordinances and regulations which in any manner affect the activities of Licensee under this License, or the possession or use of the Premises by Licensee, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Licensee shall at all times observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees, and shall protect and indemnify, as required herein, OCWD, its officers, directors, employees and agents against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree, whether by Licensee or any person or entity holding under Licensee. 2.6.3 Assignment: The License granted hereby is personal to Licensee and any assignment of said License by Licensee, voluntarily or by operation of law, shall automatically terminate this License, unless Licensee has obtained the prior written consent of OCWD, which may be withheld, in its sole and absolute discretion, for any reason or no reason at all. 2.6.4 Acknowledgment of OCWD's Title: Licensee hereby acknowledges the title of OCWD in and to the Premises, including the real property fixtures and improvements existing or erected thereon, and Licensee hereby covenants and promises never to assail, contest or resist OCWD's title to the Premises. 2.6.5 Liens: Licensee shall maintain the Premises free from and clear of any claims, obligations, liabilities, liens, encumbrances and charges, including but not limited to any claims, liens or charges arising out of or in connection with the furnishing of materials or the performance of labor on the Premises. Licensee further shall protect and indemnify OCWD and the Premises from and hold them, and each of them, harmless against any and all such claims, obligations, liabilities, liens, encumbrances and charges. 2.6.6 Possessory Interest Taxation: A possessory interest subject to property taxation may be created by this License. It is understood and agreed that if such a possessory interest is created, Licensee shall be responsible for the payment of all property taxes levied on such interest, and that OCWD shall have no responsibility therefor. 131/022499-001G _10- W 9 60 7. 01 a 17/19/09 2.6.7 OCWD's Reservations 2.6.7.1 OCWD hereby reserves the right to giant easements and rights-of-way for pole or tower lines for transmission of electricity, and easements, leases and rights-of-way for telephone, telegraph, telecommunication facilities, gas, water, sewer and oil lines, for roads and highways, and for other similar uses over and across the Premises at any location or locations within the Premises. In the event Licensee determines that the granting or exercise of any such easement, lease, or right-of-way significantly interferes with Licensee's possession or use of the Premises, Licensee's only remedy shall be to terminate this License upon thirty (30) days written notice to OCWD. Licensee shall not interfere with any easements or rights-of-way pertaining to or affecting the Premises. 2.6.7.2 OCWD hereby reserves the right to sell, transfer or otherwise dispose of any portion of the Premises at any time. In the event of such sale, transfer or disposition, and notwithstanding any other provision of this License, this License shall, upon the close of escrow or the conveyance of title, terminate as to the portions of the Premises sold, transferred or disposed of, and Licensee shall release the same from the terms of this License and from any encumbrance which results from this License. 2.6.7.3 OCWD reserves the right unto itself to perform any and all work involved in protecting, replenishing and/or conserving the basin groundwater supply and any other work necessary to the functions or purposes of OCWD, as set forth in the Orange County Water District Act, Chapter 924 of the California Statutes of 1933, as amended, upon any portion or all of the Premises at any time. Such work may be performed without incurring any liability of any nature whatsoever to Licensee, and Licensee hereby releases OCWD from, and covenants not to sue OCWD for, any such liability. OCWD further reserves unto itself the rights of ingress and egress over all or any portion of the Premises. 2.6.8 Waiver of Claims: As a material part of the consideration to OCWD under the License, Licensee hereby waives any and all claims that it may have against OCWD during the term of this License, or any extension or renewal thereof, for any damage to goods, wares and merchandise upon or about the Premises, and for any injury to Licensee, its employees, agents, invitees, or to third parties in or about the Premises, from any cause arising at any time. 2.6.9 Surrender of Possession: At the expiration or termination of this License, whether with or without cause, Licensee shall promptly quit and surrender the Premises in a good state of repair. 1(1/0224')9-0016 94N,0.01 a12/18/09 -11- 2.6.10 Disposition of Abandoned Property: If Licensee abandons or quits the Premises or is dispossessed thereof by process of law or otherwise, title to any personal. property left on the Premises for fifteen (15) or more days after such event shall at OCWD's opinion, be deemed to have been abandoned and transferred to OCWD. OCWD shall have the right to remove and dispose of any and all such property without liability therefor to Licensee or to any person or entity claiming under Licensee, and OCWD shall have no duty to account for such property. Licensee agrees to reimburse OCWD for any and all costs associated with OCWD transferring or disposing of Licensee's personal property pursuant to this Section. 2.6.11 Premises "As-Is": Licensee acknowledges that the Premises are being provided to Licensee on an "as-is" basis, and Licensee takes and occupies the Premises without reliance upon any representation by OCWD, or any of its officers, employees, agents or representatives, or any other person, concerning the Premises, their fitness for Licensee's intended use or any other particular purpose of use, their income-producing history, potential or capabilities, their value, or any other promise, representation or inducement not expressly set forth in this License. 2.6.12 No Representation or Warranty Concerniniz Premises: Licensee acknowledges that neither OCWD, nor any of its officers, employees, agents or representatives, has made any written or oral representation, promise, or warranty, expressed or implied, concerning the Premises, their fitness for Licensee's intended use or any other purpose or use, their income producing history, potential or capabilities, their value, or any other matter not expressly set forth in this License. 2.6.13 Disputes: In the event that any action is commenced by a party to this License against the other to enforce its rights or obligations arising from this License or seeking to interpret this License, the prevailing party in such action, in addition to any other relief and recovery ordered by the court, shall be entitled to recover all statutory costs, plus reasonable attorneys' fees. Should OCWD be named in any suit brought by any third party against Licensee in connection with or in any way arising out of Licensee's occupancy or use of the Premises under this License, Licensee shall pay to OCWD its costs and expenses incurred in such suit, including reasonable attorneys' fees. 2.6.14 Security Measures: Licensee acknowledges that the Premises are licensed to and accepted by Licensee in an "as-is" condition, and that the License Payments and other sums payable from Licensee to OCWD hereunder do not include the cost of security guard or any other security services or measures. Licensee further acknowledges that OCWD makes no representation or warranty, express or implied, regarding the security of the Premises or the need for or propriety of any security measures at the Premises; and Licensee further acknowledges that OCWD shall have no obligation whatsoever to provide guard service or any other security measures. Licensee expressly 111/022449-0016 949607,01 a12118/09 -12- assumes all responsibility for the protection and security of the Premises, Licensee, its agents, employees, invitees and property within the Premises from any and all acts of any third party. 2.6.15 No Obligation to Third Parties: Execution and issuance of this License shall not be deemed to confer any rights upon, directly, indirectly or by way of subrogation, nor obligate either of the parties hereto to, any person or entity other than OCWD and Licensee. 2.6.16 Waiver: Any waiver by any party of a breach of any provision of this License shall not be deemed a continuing waiver or a waiver of any subsequent breach whether of the same or of another provision hereof. 2.6.17 OCWD's Liability on Termination: Licensee hereby waives all damages or claims for damage that may be caused by any action of OCWD in terminating this License (either with or without cause), or taking possession of the Premises as provided in this License or at law, and Licensee waives all claims for damages to or loss of such property of Licensee as may be in or upon the Premises upon the termination of this License. 2.7 Maintenance and Repair of Premises 2.7.1 Licensee's Oblijzation to Maintain Premises: Licensee shall at all times during the term of this License, and any extension or renewal thereof, at its sole cost and expense, removes all trash and debris from the Premises. Licensee shall also keep and maintain in good condition and in substantial repair (all to the satisfaction of OCWD in its sole discretion), the Premises and all appurtenances and every part thereof, including improvements of any kind erected, installed or made on or within the Premises. Licensee shall at all times in the maintenance and use of the Premises and the buildings, structures, facilities, improvements and equipment thereon, comply with all laws, ordinances and regulations pertaining thereto, and all conditions and restrictions set forth herein. Licensee expressly agrees to maintain the Premises in a safe, clean, wholesome, and sanitary condition and free of trash and debris, to the complete satisfaction of OCWD and in compliance with all applicable laws. 2.7.2 Licensee's Default of its Maintenance Duties: In the event that Licensee fails, neglects or refuses to remove trash or debris deposited by Licensee or its invitees on the Premises or to maintain or make repairs or replacements as required by this License, OCWD shall notify Licensee in writing of such failure or refusal. Should Licensee fail or refuse to correct such default within ten (10) days of receipt of such written notice from OCWD, OCWD may, but shall not be required to, itself or by contract, undertake the necessary maintenance, repair or replacements; and the cost thereof, including but not limited to the cost of labor, materials and equipment and procurement of insurance, plus 131/0224')')-00 16 13- 1)a960-01 1]2118/09 - an administrative fee in the amount of fifteen percent (15%) of the sum of such costs, shall be paid by Licensee to OCWD within ten (10) days of Licensee's receipt of a statement of such costs from OCWD. Any such maintenance, repair or replacement by or on behalf of OCWD shall not be deemed to be a waiver of Licensee's default under this License, and shall not in any way impair, prevent or restrict OCWD from exercising any of its rights or remedies set forth in this License or otherwise provided at law. 2.8 Miscellaneous 2.8.1 Notices: Any notice, payment or instrument required or permitted to be given or delivered by this License may be given or delivered by personal delivery or by depositing the same in any United States mail depository, first class postage prepaid, and addressed as follows: If to OCWD: If by mail: ORANGE COUNTY WATER DISTRICT P.O. Box 8300 Fountain Valley, CA 92728-8300 Attn: Property Management If by personal delivery: ORANGE COUNTY WATER DISTRICT 18700 Ward Street Fountain Valley, CA 92708 Attn: Property Management If to Licensee: To such name and address set forth for Licensee in Part I of this License, or such other person or address as either party may direct in writing to the other; provided, however, that such new or different person or address shall not become effective until acknowledged in writing by the party to who directed. Except where service is by personal delivery or by registered or certified mail, return receipt requested, service of any instrument or writing shall be deemed completed forty-eight (48) hours after deposit in a United States mail depository. 2.8.2 Warrant of Authorit : Each officer of OCWD and Licensee affixing his or her signature to this License warrants and represents by such signature that he or she has the full legal authority to bind his or her respective party to all of the terms, conditions and provisions of this License, that his or her respective party has the full legal right, power, capacity and authority to enter into this License and perform all of its provisions and obligations, and that no other approvals or consents are necessary in connection therewith. IMM22499-0010 949607.01 -12/18/09 -14- 2.8.3 Headings: The titles and headings of Sections and Paragraphs of this License, as herein set forth, have been inserted for the sake of convenience only, and are not to be taken, deemed or construed to be any part of the terms, covenants or conditions of this License, or to control, limit or modify any of the terms, covenants or conditions hereof. 2.8.4 Time of Essence: Time is of the essence of this License. Failure to comply with any requirement, including but not limited to any time requirement, of this License shall constitute a material breach of this License. 2.8.5 Construction and Amendment: This License shall be construed, interpreted, governed and enforced in all respects according to the laws of the State of California and as if drafted by both OCWD and Licensee. No amendment, change or modification of this document shall be valid unless in writing, stating that it amends, changes or modifies this License, and signed by all of the parties hereto. 2.8.6 Successors: Subject to the provisions of Paragraph 2.6.3 above, this License, and all of the terms, conditions and provisions herein, shall inure to the benefit of, and be binding upon, OCWD, Licensee, and their respective successors and assigns. 2.8.7 Re-En No entry or re-entry into the Premises by OCWD shall be construed as an election to terminate this License, unless prior thereto or concurrently therewith written notice of intent to terminate is given by OCWD to Licensee. OCWD's entry into possession of the Premises without having elected to terminate shall not prevent OCWD from making such an election and giving Licensee notice thereof. 2.8.8 Partial Invalidity: If any term, covenant, condition or provision of this License is held by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way affect, impair, or invalidate any other term, covenant, condition or provision contained in this License. 2.8.9 Further Assurances: Each of the parties hereto shall execute and deliver any and all additional papers, documents and other assurances and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent of the parties hereto. 2.8.10 Precedence: In the event of any conflict between Parts of this License, Part I shall prevail over Parts II, III and 1V, and Part III shall prevail over Part II. FEND GENERAL LICENSE PROVISIONS] 131W2499.0016 N9607.01 02/18/09 -15- PART f1I SPECIAL LICENSE PROVISIONS 3.1 Additional Conditions of Use: The following are added to Paragraph 2.3.1, as additional conditions to the use of the Premises: 2.3.1.5 Licensee shall provide OCWD with a copy of the Water Quality reports for samples taken from the Premises. 2.3.1.6 Licensee shall comply with the following provisions for discharge of water to the Premises (Conrock Basin): (1) License shall comply with all monitoring and reporting requirements as specified by the Santa Ana RWQCB de minimus permit, Order No. R8-2009-003, NPDES No. CA CAG998001 (2) Licensee shall meet the Environmental Protection Agency's drinking water standard for acrylamide as referenced in the fact sheet attached hereto as Part V (FACTSHEET ACRYLAMIDE) and by this reference incorporated herein. (3) Licensee shall submit all water quality reports of water samples taken from Premises to the OCWD Walter Quality Department. (4) Licensee shall not deposit drilling mud, excessive chlorine or other like materials or chemicals in or on the Premises. 2.3.1.7 In the event that OCWD drains the Premises for any reason whatsoever, Licensee shall hook up temporary piping to a local storm drain and redirect the discharge water from the well. 3.2 Additional Insurance: The following are added to Paragraph 2.4, as additional conditions of Insurance of the Premises: 2.4.7 Licensee may submit a letter of self-insurance in lieu of a certificate of insurance in a form acceptable to OCWD. 3.3 Improvements: The following conditions are added to the General Provisions as Section 2.9 2.9 Improvements. 2.9.1 Prior Consent for Improvements: Licensee shall not make any alteration of or improvement to the Premises without the prior written approval of OCWD. 131/022499-0016 949607.01 a12)18 109 -16- 2.9. 1.1 In the event that Licensee desires to make any alteration, improvement, addition or utility installation in or about the Premises, Licensee shall present such request in writing to OCWD, together with detailed plans of the proposed alteration or improvement; and Licensee shall not commence such alteration or improvement unless and until OCWD has granted approval thereto in writing. 2.9.1.2 In the event that OCWD grants written approval to any requested alteration of or improvement to the Premises, such approval shall be deemed conditioned upon Licensee acquiring all governmental licenses, approvals and permits required therefor, and such alteration or improvement shall be constructed in strict conformance with the plans approved therefor by OCWD. Once approved by OCWD, no changes or alterations shall be made to the plans without the prior written approval by OCWD. 2.9.1.3 In the event that OCWD grants written approval to any requested alteration of or improvement to the Premises, Licensee shall construct such alteration or improvement at Licensee's sole cost and expense. 2.9.5 Contractor's Insurance: OCWD shall be named as additional insured in all insurance policies required by Licensee from its contractors or subcontractors prior to entering the Premises, 2.9.6 Ownership of Improvements All buildings, improvements, fixtures and facilities (exclusive of trade fixtures, portable buildings, vehicles and antennas), constructed or placed within the Premises by Licensee, including but not limited to electrical and other utilities, listed or not, shall, upon the completion of construction, installation or placement within the Premises, be free and clear of all liens, claims and liability for payment for labor and material. Such buildings, improvements, fixtures and facilities (exclusive of trade fixtures, portable buildings, vehicles and antennas), shall become and remain the property of OCWD at the expiration of this Lease or earlier termination hereof. Upon the expiration or earlier termination of this Lease, OCWD retains the right, in its sole and absolute discretion, and by written notice to Licensee, to require (or, if requested by Licensee, to allow) Licensee, at Licensee's sole cost and expense, to remove all such buildings, improvements, fixtures and facilities located on the Premises. In the event OCWD either requires or grants permission to Licensee, such removal by Licensee shall include leveling the Premises, restoring any bemis removed, removing any underground obstructions, filling any excavations and compacting such filled excavations to ninety percent (90%) compaction. 2.9.3 "As-Built" Plans and Construction Costs: As a condition to the approval of any alteration of or improvement to the Premises, OCWD shall have the right to require Licensee to prepare and famish to OCWD, at Licensee's sole cost and expense, and within sixty (60) days following completion of such alteration or improvement, a complete set of reproducible "As-Built" plans for such alteration or improvement, and/or 111/022490-0016 949607.01 alms/09 -17- an itemized statement of the actual cost of the construction or installation of such alteration or improvement. 2.9.4 Compliance with Building Codes: Licensee shall comply with all Building Codes in effect at the time of construction or installation of an improvement of any kind on the Premises. The applicable Building Codes shall be those codes as adopted by the local permitting jurisdiction (i.e., city or county) in which the Premises is located. In the event that Licensee fails to conform to the Building Codes, OCWD may require immediate compliance. If Licensee fails to comply, OCWD, at its option, may make such changes to bring the improvement into compliance with the Building Codes and charge Licensee the cost of such changes plus ten percent (10%) to cover administrative costs. Licensee shall have ten (10) days from receipt of the invoice to reimburse OCWD for the cost of making such changes. 2.9.5 Licensee's Assurance of Construction Completion: Prior to commencement of construction of approved facilities, or any phase thereof, within the Premises by Licensee, Licensee shall famish to OCWD evidence that assures OCWD that sufficient monies will be available to Licensee to complete the proposed construction in accordance with the plans approved by OCWD. The amount of money available shall be at least the total estimated construction cost. Such evidence may take one of the following forms: (a) Completion bond issued to OCWD as oblige, and issued by a surety acceptable to OCWD. (b) Performance bond and labor and material bond (or performance bond containing the provisions of the labor and material bond), issued by a surety acceptable to OCWD and supplied by Licensee's contractor or contractors, provided said bond(s) are issued jointly to Licensee and OCWD as obligees. (c) Irrevocable letter of credit issued to OCWD from a financial institution acceptable to OCWD to remain in effect until OCWD acknowledges, in writing, satisfactory completion of construction. (d) Cash. (e) Any combination of the above. 2.9.6 Mechanics Liens or Stop-Notices: Licensee shall at all times indemnify and save OCWD harmless from all claims, losses, demands, damages, costs, expenses, or liability costs for labor or materials in connection with construction, repair, alteration, or installation of structures, improvements, equipment, or facilities within the Premises, and from the cost of defending against such claims, including attorney fees and costs. 11 /02249'x•0016 -l S- 949607.01 a[2/19/0( ) In the event a lien or stop-notice is imposed upon the Premises as a result of such construction, repair, alteration, or installation, Licensee shall either: (a) Record a valid Release of Lien, or (b) Procure and record a bond in accordance with Section 3143 of the Civil Code, which frees the Premises from the claim of the lien or stop-notice and from any action brought to foreclose the lien, Should Licensee fail to accomplish either of the two optional actions above within fifteen (15) days after the filing of such a lien or stop-notice, this Lease shall be in default and shall be subject to immediate termination. [END SPECIAL LICENSE PROVISIONS] 13 1/0221499-0016 949607.01 012/18/09 -19- PART N MAP OF THE PREMISES 1111 NORTH RICHFIELD RD, ANAHIENI, CA 52807 WELL- 20 E,r.HlclT r W-Q Ra. ~ 'Y looffib, wti s d 0 x PREMISES r ,f F 11 IPRt7P0 ED 7 ER..D.sG?iA1tG fi 1-:{ { - PRQ PCSE❑ 17ML&C STL WATE4 VAN a Y i l YLWD PROPOSED WELL-2D , Well Site ~f c. Prepared By YORIIA LINDA WATER DISTRICT 1717 MIRALOMAAVE PLACENTIA, CALIFORNIA92870 SCALE: NO SCALE (714) 701-3000 DATE: OCT. 14, 2009 131/022499-0016 949607.01 sIM8/09 -20- PART V FACTSHEET ACRYLAMIDE EPA Crroand Water & Drinking Water > breadcrumb? > Consumer Factshect on: ACRYLAMIDE. Page 1 of 3 U.S. ENVIRONMENTAL PROTECTION AGENCY Ground Water & Drinking Water ~ ~ ltssentACtlil{41ti I saxttasl.Sls I Pnnl verslw, search: ~ m r EP&J3ajmt ~ tfaux> Ground W tL&_QrinCio Wate y Consumer Fecisheel on ACRVLAMIDE Drinking Watcrand Health Consumer Factsheet on: ACRYLAMIDE Boric Frequently Asked Questions List of. Cont.@minantq Local DrInking Water pages, Information As part of the Orlnking Water and Health es, this fad sheet is part of a larger publication: National Primary Drinking Water Regulations Drinking Water Standard,' This is a factsheet about a chemical that may be found In some public or private drinking water List of Contaminants 8 supplies. It may cause health problems it found In amounts greater than the health standard set by MCLs the United States Environmental Protection Agency (EPA). Regul.innns 8 Guidance What Is Acrylamlde and how Is It used? Public Drinking Water Systems Acrylamide is an organic solid of white, odorless, flake-like crystals. The greatest use of acrylamide Source Water is as a coagulant aid in drinking water Ireatment. Other uses of include: to improve production from Protection oil wells; In making organic chemicals and dyes; in the sizing of paper and tsxtlles', In ore Underground Injection processing; In the construction of dam foundations and tunnels. Control The list of trade names given below may help you find out whether you are using this chemical at Data & Darah.17'rs home or work. Drinking Water Academy Trade Names and Synonyms: Safe Drinking Water Act 2-Propenamlde National Drinking Acrylic amide w:,ter Advisory Ethylenecarboxamide Council Amiesoo AcryI 40 Water Infrastructure Acrylagel Security Optimum KIMMM Why Is Acrylemlde being Regulated? In 1974, Congress passed the Safe Drinking Water Act. This law requires EPA to defermine safe levels of chemicals in drinking weterwhich do or may cause health problems. These non- enforceable levels, based solely on possible health deks and exposure, are called Maximum Contaminant Level Goals. The Ii for acrylamide has been set at zero because EPA belleves this level of protection would not cause any of the potential health problems described below. There are currently no acceptable means of detecting acrylamide in drinking water. In this case, EPA Is requiring water suppliers to use a special treatment technique to control its amount in water. Since acrylamide is used in drinking water treatment processes, it is being controlled simply by limiting its use for this purpose. These drinking water standards and the regulations for ensuring these standards are met, are called National Primary Drinking Water Regulations. All public water supplies must abide by these regulations. What are the Health Effects? Short-term: EPA has found acrylamide to potentially cause the following health effects when people are exposed to It at levels above the MCL for relatively short periods of time: damage to the nervous system, weakness and incoordination In the legs. htip://www.epa-gov/safewater/contaminants/dw contarnfs/acryiami.htmj 10/13/2009 131/022499.0016 949607.01 a 121 W09 -21- PART V Continued EPA Ground Water & Drinking Water > breadcrumb? > Consumer Factsheet on: ACRYLAMIDE Page 2 of 3 Long-term: Acrylamide has the potential to cause the following effects from a lifetime exposure at levels above the MCL: damage to the nervous system, paralysis; cancer, How much Acrykinlde Is produced and released to the environment? Demand for acrylamide in the early I990swas about 920 million pounds. TIN main source of concern for acrylamide in drinking water is from its use as a clarifier duhng water treatment. When added to water, it coagulates and traps suspended solids for easier removal. However, some acrylamide does not coagulate and remains in the water as a contaminant. Improvements in the production and use of acrylamide have made it possible to control this contamination to acceptable levels. From 1987 to 1993, according to EPA's Toxic Chemical Release Inventory, acrylamide releases to land and water totalled over 40,000 Ibs. These releases were primarily from plastics industries. The largest releases occurred in Michigan. What happens to Acrylamide when It Is released to the envlronment7 Acrylamide does not bind to soil and will move into soil rapidly, but It Is degraded by microbes within a few days in soil and water. Its has little tendency to accumulate in fish. How will Acrylamide be Detected In and Removed from My Drinking Waters The regulation for acrylamide became effective in 1992. EPA requires your water supplier to show that when acrylamide is added to water, the amount of uncoagulated acrylamide is less than 0.5 ppb How will I know if Acrylamldo Is In my drinking Water? If the treatment technique for acrylamide fails, the system must notify the public via newspapers, radio, TV and other means. Additional actions, such as providing alternative drinking water supplies, may be required to prevent serious risks to public health. Drinking Water Standards: Mclg: zero Mcf: Treatment Technique Acrylamide Releases to Water and Land, 1987 to 1993 (In pounds): Water land TOTALS lin pounds) 3,111,287 5,918 Top five stales' Ml 17,200 0 WA 8,000 0 C7 5,890 0 LA 4,367 500 PA 2,505 20 AL 1,282 1,258 Major Induslrias' plastics end resins 19.002 2,177 Pulp mils 8.000 0 fndusl. organics 7,107 2,200 1rdusl.lnorvanlcs 2,510 Soo Watedt-and totals only include facilities with releases greater 100 Ibs. Learn more about your drinking waterl EPA strongly encourages people to learn more about their drinking water, and to support local efforts to protect and upgrade the supply of safe drinking water. Your water bill or telephone books bnp://www.epa_gov/safewater/contaminants/dw conLw4s/acry lami.htm) 10/13/2009 131/022409-0016 04 960 7.(11 a12/18!09 _ PART V Continued EPA Ground Water & Drinking Water > breadenomb? > Consumer Factsheet on: ACRYLAMIDE Page 3 of 3 government listings are a good starting point Your local water supplier can give you a Ilst of the chemicafs they lest for in your water, as well as how your water is treated. Your slate Department of Health/Envlronment is also a valuable source of information. For help in locating these agencies of for information on drinking water in general, call: EPAs Safe Drinking Water Hotline: (800) 426-4791. For additional Information on the uses and releases of chemlcals in your state, contact the: Community Right-to-Know Hotline: (800) 4249346, List of Contaminants t¢Wrrsr flnmal Attonf OUr C}ACe 1 PUbllnatio 9 1 L1P1s5 C [f.;P }1_ gtJ)I 1 5[ BfLtl 1 (1LA51lOfliaod M3yrgy EE&8A .k I PfiVjA Yy- gd.BAUAIy Notice J ~GRIASi~i Last updated m Tuesday. November 28th. 2006 URL: http~/Mvw,epa.gw/sakwater/canlsmfnenls/dv_conlemfs/acrylemi.html hnp://wtvw.epD-gov/safewaler/contaminants/dw contamfs/acrytami.htm1 10/13/2009 131/022499-0016 919607,01 a 12/1 R/09 -23- ITEM NO. 3.5 AGENDA REPORT Meeting Date: February 4, 2010 Budgeted: Yes Total Budget: $150,000 To: Planning-Engineering- Cost Estimate: $146,044 Operations Committee Funding Source: Multiple Funds From: Ken Vecchiarelli, General Account No: 101-2700-0922 Manager Job No: J-200921 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Derek Nguyen, Water Quality CEQA Compliance: N/A Engineer Subject: Recycled Water Facilities Planning Study SUMMARY: Proposals were received and reviewed by District staff for the preparation of a Recycled Water Facilities Planning Study. The study will be half-funded by a grant from the State. STAFF RECOMMENDATION: That the Committee recommend the Board of Directors authorize execution of a Professional Services Agreement with Malcolm Pirnie, Inc. in the amount of $146,044 to prepare a Recycled Water Facilities Planning Study. DISCUSSION: The District's Capital Improvement Program includes funding for a Recycled Water Facilities Planning Study. The proposed Study will evaluate the feasibility of using recycled water to irrigate golf courses, parks, schools and greenbelts within the District's service areas. The study will also include analysis of potential industrial and commercial customers within the District's boundary to reduce and offset potable water supply. This Study will be funded partially by a grant from the State Water Resources Control Board. Engineering staff prepared a Request for Proposal to provide engineering services for the completion of a Recycled Water Facilities Planning Study and solicited six consulting firms experienced in this field. Four consultants submitted their proposals. The District's review team evaluated and ranked the proposals based on experience, technical merit, content and understanding of the Project. Following the technical evaluation and ranking, separate fee envelopes with fees for each proposal were opened by staff. Results of the ranking and the proposed fees were as follows: Firm Evaluation Score Proposed Fee Staff Hours Malcolm Pirnie, Inc. 11.03 $146,044 940 Carollo 10.67 $129,614 700 RBF Consulting 10.46 $169,705 981 MWH 10.44 $150,410 928 Malcolm Pirnie, Inc (MPI) is the recommended firm because they are very experienced in similar types of studies. They recently completed an identical study for the City of Anaheim which was approved by the State Water Resources Control Board. MPI's proposed project team is the same experienced team that conducted the study for the City of Anaheim. Based on the above relevant experience, technical merit and competitive fee, staff recommends award to Malcolm Pirnie, Inc. PRIOR RELEVANT BOARD ACTION(S): On September 24, 2009, the Board approved Resolution 09-18 authorizing the General Manager to file for a Water Recycled Facilities Planning Grant from the State Water Resources Control Board. ITEM NO. 3.6 AGENDA REPORT Meeting Date: February 4, 2010 Budgeted: Yes Total Budget: $2.3 Million To: Planning-Engineering- Cost Estimate: $2.3 Milllion Operations Committee Funding Source: ID No. 1 GO Bonds From: Ken Vecchiarelli, General Account No: 301-2700 Manager Job No: 200710 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: No Prepared By: Steve Conklin, Engineering CEQA Compliance: Exempt Manager Subject: Status of Change Orders and Final Progress Payment with Ken Thompson, Inc. SUMMARY: As directed by the Committee in January 2010, staff is in discussions with Mr. Ken Thompson, Jr. of Ken Thompson, Inc (KTI) regarding the construction claim for daily mobilization and demobilization for the Zone Reconfiguration Project. Staff will provide an update on status of the discussions. STAFF RECOMMENDATION: That the Committee provide further direction to staff on the continuing progress of the discussions. ITEM NO. 4.2 AGENDA REPORT Meeting Date: February 4, 2010 To: Planning-Engineering- Operations Committee From: Ken Vecchiarelli, General Manager Presented By: Steve Conklin, Engineering Manager Prepared By: Steve Conklin, Engineering Manager Subject: Water Supply to Black Gold Golf Course SUMMARY: At its January 28 meeting, the Board commented that Black Gold Golf Course is experiencing ever increasing cost for water and that perhaps there might be options for water supply that could lead to savings in the future. Staff is requesting further discussion with the Committee regarding options and ideas that may be envisioned by the Board before staff initiates an evaluation of potential options. ITEM NO. 4.3 AGENDA REPORT Meeting Date: February 4, 2010 Subject: Monthly Groundwater Production and Purchased Import Water Report ATTACHMENTS: Name: Description: Type: GW Production and Purchased Water Report.pdf Monthly Report Report(s) YLWD SOURCE WATER SUMMARY Fiscal Year 2009-10 TOTAL MONTHLY YTD BUDGET GW IMPORT DEMAND GW GW (Demand Est.) DELTA MONTH (AF) (AF) (AF) (AF) Ju 1-09 1,404.2 933.5 2,337.7 60.1% 60.1% 2,585.9 -9.6% Aug-09 1,357.6 961.4 2,319.0 58.5% 59.3% 2,544.1 -8.9% Sep-09 1,309.4 911.5 2,220.9 59.0% 59.2% 2,232.2 -0.5% Oct-09 1,205.4 617.6 1,823.0 66.1% 60.6% 19882.8 -3.2% Nov-09 1,026.4 674.8 1,701.1 60.3% 60.6% 19487.4 14.4% Dec-09 793.9 370.8 19164.7 68.2% 61.4% 1,338.0 -13.0% Jan-10 806.9 310.2 1,117.1 72.2% 62.3% 1,166.6 J Feb-10 - 19116.1 Mar-10 - 19322.6 Apr-10 - 19654.3 May-10 - 29188.2 Jun-10 - 29451.9 FYTD 7,903.8 4,779.7 12,683.5 62.3% 13,236.9 -4.2% Allowable GW (YTD) 5,913.6 (AF) CUP Obligation FY 2009-10 29193.0 (AF) Monthly CUP Pumping (AF) - (AF) YTD CUP Pumping (AF) 2,191.8 (AF) YTD CUP Achieved 99.9% GROUNDWATER PERCENTAGE 85.0% 80.0% 75.0% 70.0% -$--MONTHLY GW FYTD GW 65.0% BPP GOAL 46.6 60.0% CUP ADJ GOAL 56.6 55.0% 50.0% 45.0% 1 Jul-09 Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- 09 09 09 09 09 10 10 10 10 10 10 Month WATER SUPPLY FY 2009-2010 January 2010 Water Supply CUP IMPORT 0.0% 27.8% GW 72.2% 2009-2010 YTD Water Supply CUP 17.3% GW 45.0% 1i GW BPP GOAL 46.6% IMPORT 37.7% 3,500 3,000 2,500 2,000 Q N E O > 1,500 1,000 500 Total Water Use Q%, o°' o� o%' o�' o� o�' o�' o� ob (Z' o% o° ^° 1�' e '.° o%' e �.° d) e �.° o%' e �.° o% o° ^° F e, F q, F �� Month ■09 -10 GW 009 -10 IMPORT Monthly Average Mean Temperature ( °F) 008 -09 GW 72.7 74.8 ■ 08 -09 IMPORT 07 -08 G W 72.2 73.6 :07-08 I M PO RT 70.5 70.4 69.8 74.0 74.3 64.0 67.4 74.1 65.9 63.3 66.4 61.0 65.4 61.6 66.1 60.1 62.6 62.6 58.2 54.0 55.8 54.3 55.0 58.2 55.4 56.3 Q%, o°' o� o%' o�' o� o�' o�' o� ob (Z' o% o° ^° 1�' e '.° o%' e �.° d) e �.° o%' e �.° o% o° ^° F e, F q, F �� Month 22,000 --*—Budgeted Total GW + Import 20,000 18,000 16,000 14,000 U- <- 12,000 a> E 0 10,000 2,000 0 4-- Jul -09 2009 -2010 YTD Water Supply Aug -09 Sep -09 Oct -09 Nov -09 Dec -09 Jan -10 Feb -10 Mar -10 Apr -10 May -10 Jun -10 Month ITEM NO. 4.4 AGENDA REPORT Meeting Date: February 4, 2010 Subject: Monthly Preventative Maintenance Program Report ATTACHMENTS: Name: Description: Type: 2009-10 PM Report.pdf PM Report Backup Material PM PROGRAM 2009/2010 Fiscal 2009 -10 1 JUL I AUG I SEP I OCT I NOV I DEC I JAN FEB I MAR I APR I MAY I JUN Percent of target 8% 1 17% 1 25% 1 33% 1 42% 1 50% 1 67% 1 75% 1 83% 1 92% 1 100% HYDRANTS (3,881) Target; all hydrants to be serviced annually. INSPECTED THIS MONTH 0 5401 3541 131 130 2061 992 INSPECTED THIS YEAR 0 5401 8941 1,025 1,155 1,361 2,353 % OF TOTAL 0.0% 14.0%1 23.0%1 26.4% 29.8% 35.0% VALVES (10,706/2 =5,353) Target; all valves to be operated every two years OPERATED THIS MONTH 242 2941 4561 5751 326 463 227 OPERATED THIS YEAR 242 5361 9921 1,5671 1,893 2,356 2,583 % OF TOTAL 4.5% 10.1%1 18.5%1 29.3%1 35.4% 44.0% 48.0% DEAD ENDS (962x2 =1,924) Target; all dead ends to be flushed twice each year. FLUSHED THIS MONTH 0 01 01 5261 436 0 0 FLUSHED THIS YEAR 0 01 01 5261 962 962 962 % OF TOTAL 0.0% 0.0%1 0.0%1 27.3%1 50.0% 50.0% 50% AIR VACS (309) Target; all air /vacs to be serviced annually. INSPECTED THIS MONTH 0 2051 931 0 1 01 2 INSPECTED THIS YEAR 0 2051 2981 298 299 2991 301 % OF TOTAL 0.0% 66.3%1 96.4%1 96.4% 96.8% 96.8%1 97.4% SEWER CLEANING (802,560) Target; all sewers to be cleaned annually. CLEANED THIS MONTH 73,825 18,7981 24,9741 104,224 121,202 128,7031 91,802 CLEANED THIS YEAR 73,825 92,6231 117,5971 221,821 343,023 471,7261 563,528 % OF TOTAL 9.2% 11.5%1 14.7%1 27.6% 42.7% 58.8% SEWER TELEVISING (200,640) Target; all sewers to be televised every 4 years. TELEVISED THIS MONTH 5,334 21,651 1 23,1191 5,463 1 809 3,628 7,062 TELEVISED THIS YEAR 5,334 26,9851 50,1041 55,5671 56,376 60,004 67,066 % OF TOTAL 2.7% 13.5%1 25.0%1 27.7%1 28.1% 29.1% 33.4% ITEM NO. 4.5 AGENDA REPORT Meeting Date: February 4, 2010 Subject: Monthly Groundwater Producers Meeting Report ATTACHMENTS: Name: Description: Type: GWP MtgNotes 13Jan10.pdf GWP Summary Report for Jan2010 Backup Material Yorba Linda Water District MEMORANDUM DATE: January 14, 2010 TO: Ken Vecchiarelli, General Manager FROM: Steve Conklin, Engineering Manager COPY: Pat Grady, Assistant General Manager Lee Cory, Operations Manager SUBJECT: Groundwater Producers Meeting, January 13, 2010 John DeCriscio and I attended the Groundwater Producers (GWP) Meeting on January 13 at OCWD. Items presented and discussed included the following: 1. Mid-Basin Injection Project. OCWD staff reported that they are in the process of selecting a consultant for design of the full-scale demonstration well for the subject project. The planned well will be 1000-feet deep with an injection capacity of 3-4 mgd, located near the intersection of Edinger Ave and the Santa Ana River. Following construction, there will be a year-long testing/demonstration program, during which time OCWD will be seeking funding for the full-scale project. If funding is secured and the project is approved to proceed, the demonstration well will be the southerly-end of the new wellfield, being 4 to 5 wells with an injection capacity in the range of 15 mgd. The proposed project would provide recharge water to a third area of the basin, one that has been over-drafted. 2. Santa Ana River Baseflow Analysis. OCWD staff reported reduced flow is occurring in the SAR over the last few years. Reasons for this include the continuing drought, more pumping in the inland basins, more conservation and more water reclamation. SAWPA has commissioned a study to identify the reasons for the continuing reduced flow over the last ten years, with emphasis on the last four years. The first draft will be presented to SAWPA in February. OCWD will report on the findings in the coming months. 3. GWR System Expansion. Design is 60% complete for the 30 mgd-expansion, which will increase production capacity from 70 to 100 mgd. Completion of design plans is expected in June. Funding for construction is being pursued--$26 million from Feds, and state water-bond funding if approved in November. Expansion of GWRS to 100-mgd capacity will utilize all available secondary effluent from OCSD's Fountain Valley plant. For GWRS to expand to its ultimate capacity of 130 mgd, flow would need to be pumped back from OCSD's Huntington Beach plant, or additional flow generated at Fountain Valley some time in the future. Another option is to gain 1 approval and determine feasibility of using 30-mgd flow from SARI line, now directed to Huntington Beach plant. 4. FY 10-11 RA, BPP and BEA Projections. OCWD staff indicated that the elements for the projections are still being studied. The plan is to complete the staff report by January 15, for presentation at the OCWD Board meeting January 20. The staff report will be available on line by January 18. This will be a first-cut for discussion and feed-back. Final rates will be approved by the Board in April. 5. Future BPP Projections for Urban Water Management Plans. Delayed until after above projections are presented and evaluated. 6. Prado Dam Sediment Removal Program. OCWD staff reported that since the dam was completed in 1941, the upstream pool has lost 48,000 AF of capacity of flood storage and 20,000 AF of capacity for recharge-water storage due to sediment build-up. The sediment is primarily sand. The sediment retention causes several problems: 1) loss of water storage, 2) loss of sand in the recharge area of the river, resulting in "armoring" and loss of recharge capability, and 3) loss of sand reaching the beaches at the outlet of the river. OCWD is retaining the HDR team for engineering of a sand-removal demonstration project and the preparation of the Environmental Assessment/EIR for the full-scale project, if it proceeds. The plan is to use a hydraulic dredge to remove sediment from the pool area and deposit it downstream of the face of the dam, to be carried downstream later by flood discharges from the dam. 7. Update on Possible Well-Destruction Program. OCWD and Anaheim are looking for funding for programs for destruction of unused wells, for public safety and protection of the groundwater basin. This is a continuing issue that is now more of a problem with budget cutbacks. This will continue as a discussion item at future meetings. 8. Division 6 Board Member Replacement. Applications were accepted through January 13, and will be reviewed by OCWD Committee on January 14, with an evaluation process to follow. 9. Annexation Update. It was noted that discussions are ongoing between YLWD and OCWD staff. There was no mention of the City of Anaheim in the process. 10.0ther. Bob McVicker of Mesa Consolidated Water District asked that there be review and discussion regarding the determination of the BEA rate for the new FY. There was general support for future discussion on this. Keith Lyon of MWDOC thanked the Producers for their voluntary over-pumping of groundwater the end of 2009. As a result, MWDOC demands were reduced such that no MWD Tier 2 rates were imposed on MWDOC and downward on the retail agencies. 2 ITEM NO. 4.6 AGENDA REPORT Meeting Date: February 4, 2010 Subject: Status Report on Capital Projects in Progress ATTACHMENTS: Name: Description: Type: CIP Rept Febl O.pdf Status Report on Capital Projects in Progress Backup Material CAPITAL IMPROVEMENT PROJECTS STATUS REPORT Date: February 1, 2010 New Information since Last Report is Shown in Red IN CONSTRUCTION Project Current Status Next Actions Comments 1 Highland Reservoir Reservoir walls almost Complete shoring for the roof On schedule with no significant Budget: $11,200,000 Job No. 200309 complete. Contractor starting to deck forms, and then begin issues outstanding. Project Contact: Joe Polimino install shoring for roof deck forming for the roof and Planned Completion Date: August 2010 forms. column cap concrete. 2 Zone 4C Reconfiguration Completing notification and Proposed Change Order No. 2 Potential Change Order No. 3 under Budget: $1,500,000 Job No.200710 planning for 40 psi change -over recommended for approval by discussion. Project Contact: Joe Polimino for 100 homes, February 1. PEO Committee and will go to Planned Completion Date: Dec 2009 (no change) the Board on January 28. 3 San Antonio PRS Upgrades Contractor completed work on Final change order will be If final CO is approved, the final Budget: $300,000 Job 200901 the San Antonio PRS. brought to PEO in February. payment and NOC will be brought Project Contact: Joe Polimino to the following Board Meeting. Planned Completion Date: Nov 2009 4 Hidden Hills Res & Santiago BPS Contractor has completed Contractor to make first roof Submitted easement description to Budget: $7,000,000 Job No.200028 reservoir wall construction. pour in early February. State's rep for prep of easement Project Contact: Joe Polimino Work on installation of roof Pipeline work to start in documents. Planned Completion Date: July 2010 forms and rebar. March. 5 Photovoltaic Panels —Admin Bldg Preliminary Design completed. Wait for State's Solar Rebate Order components for solar system. Budget: $250,000 Job No. 200912 District to receive a review set confirmation. Await SCE Schedule 8 hour shutdown of Project Contact: Hank Samaripa of plans prior to submittal to agreements for paralleling Admin Bldg in April for Planned Completion Date: May 2009 City of Placentia. service with solar panel. interconnection of solar system. 6 Wells 1, 5 and 12 Upgrade Analyzing W -12 gas engine W -12 replacement engine Well 5 was successfully test - Budget: $190,000 Job No. 200813 replacement. W -5 test pumping torsion analysis to be pumped at original design flow rate. Project Contact: Anthony Manzano completed. conducted. W -5 permanent Project Completion: TBD pump to be installed. 7 Reservoir WQ Improvement Installation of mixer in Camino Mixing system installation and System will mitigate thermal 1 Budget: $100,000 Job No. 200917 de Bryant Res in progress. start-up to be complete by late stratification and nitrification issues. Project Contact: Anthony Manzano discharge permit. Well drilling February 2010. Drilling. Planned Completion Date: Jan 2010 bid due date 02/02/2010. contract in February. IN DESIGN IN PLANNING Project Current Status Next Actions Comments 1 Well 20 OCWD Board approved Seeking PEO & Board Targeting March 2010 to start Well Budget: $2,000,000 Job No.200711 discharge permit. Well drilling approval to award well drilling Drilling. Project Contact: Anthony Manzano bid due date 02/02/2010. contract in February. Planned Completion Date: TBD has delayed signing pending kickoff meeting to establish 2 OC -51 Connection Upgrade Waiting formal response from Meet with MWDOC to discuss Upon receipt of MET's response, Budget: $242,000 Job No. 200815 MET concerning YLWD's MET's response. staff will meet and devise Project Contact: Derek Nguyen design proposal. appropriate plans to proceed further. Planned Completion Date: TBD 3 Highland Booster Station Upgrade 70% design comments Review floor slab layout to Review specifications for purchase Budget: $6,000,000 Job No. 200814 returned to MWH consultant. accommodate the large gas of two new Caterpillar gas engines Project Contact: Hank Samaripa Incorporate revisions from engines and pumps. Review and other reports such as noise, Planned Completion Date: Mid 2011 addendum 1 into the design. addendum 2 for added asbestos, cell site modifications. services. 4 Anaheim Intertie Connection Preliminary design completed. Review specifications. Prepare Prepare bid documents for project. Budget: $250,000 (YLWD Share) Awaiting the 75% design plan a short list of General Job No. 200906 set for review. Distribute Contractors for construction Project Contact: Hank Samaripa copies and comments to phase. Planned Completion Date: March 2010 Anaheim. IN PLANNING Project Current Status Next Actions Comments 1 Fairmont Site Improvements Agreement approved by S &S has proposed a code Present schedule to Operations and Budget: $300,000 (YLWD share) Board. Waiting for signed update review by City. Production departments. Job No. 200803 agreement from S &S. S &S Contact S &S for preliminary Project Contact: Hank Samaripa has delayed signing pending kickoff meeting to establish Planned Completion Date: TBD completion of other priorities. schedule. 2 Recycled Water Study Project Funding Commitment Recommending award of Plan to commence study beginning Budget: $1,800,000 Job No. 200807 for grant received from Recycled Water Facilities March 2010. Project Contact: Derek Nguyen SWRCB. Planning Study to PEO & Planned Completion Date: TBD Board in February 3 West Wellfield Project Staff evaluating two Property Potential well sites to be Land availability along with Budget: $9,000,000 Job No. Acquisition Service proposals. determined and evaluated. separation requirements from City Project Contact: Anthony Manzano of Anaheim Wells will impact well Planned Completion Date: TBD selection. 4 Asset Management Plan (AMP) Received AMP draft report for Presentation of draft AMP to Schedule an AMP presentation to Budget: $120,000 Job No. 200909 review. Management Staff for review the full Board tentatively in late Project Contact: Hank Samaripa and planning of presentation to February or early March. Planned Completion Date: Feb. 2010 Board. 5 Sewer Master Plan (SMPU) Staff and Consultant working Initial stage of flow monitors Flow monitors will be set and Budget: $350,000 Job No. 200916 on setting flow monitors. will be set in late January. relocated to new sites depending on Project Contact: Anthony Manzano weather and data findings. Planned Completion Date: August 2010 CAPITAL IMPROVEMENT PROJECTS APPROVED BY THE BOARD (2007 -2012) THAT ARE STILL PENDING 1. Zone 5 (1000) Booster Station ($1,080,000) 2. Fairmont Booster Station Reconfiguration ($400,000) 3. Foxtail Drive Pipeline ($245,000) 4. Elk Mountain Reservoir Site Improvements ($300,000) 5. Fire Flow Improvements - -Via Sereno and Ohio ($125,000)