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
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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
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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
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(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
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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.
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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
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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.
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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
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YLWD PROPOSED WELL-2D
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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)