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HomeMy WebLinkAbout2008-12-04 - Planning-Engineering-Operations Committee Meeting Agenda Packet Yorba Linda Water District PLANNING-ENGINEERING-OPERATIONS COMMITTEE MEETING Thursday, December 4, 2008, 4:00 p.m. 1717 E. Miraloma Avenue, Placentia - Tel: (714) 701-3020 AGENDA COMMITTEE Director William R. Mills, Chair Director Paul R. Armstrong STAFF Ken Vecchiarelli, Asst. General Manager Lee Cory, Operations Manager Ken Mendum, Operations Superintendent John DeCriscio, Chief Plant Operator Steve Conklin, Consulting Engineer INTRODUCTION OF VISITORS AND 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. ACTION ITEMS This portion of the agenda is for items where staff presentations and committee discussions are needed prior to formal committee action. 1. Consider waiving construction meter fees and temporary construction water charges for demolition of homes destroyed in wildfires. 2. Contract with General Pump Co. for Rehabilitation of Well No. 12. 3. Change Order to Professional Services Agreement with Psomas for Additional Design Services for Zone Reconfiguration Project. 4. License Agreement with Orange County Water District for Access to Warner Basin Complex to Collect Water Quality Samples. 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. 5. Monthly Groundwater Production and Purchased Water Report. 6. Monthly Preventative Maintenance Program Report. • 7. Monthly MWDOC Managers Meeting Summary Report. 8. Monthly OC Groundwater Producers Meeting Summary Report. OR s NA. 4 7` 9. Status Report on Capital Projects in Progress. ADJOURNMENT The next regularly scheduled meeting of the Planning-Engineering-Operations Committee will be held January 8, 2008 at 4:00 p.m. Items Distributed to the Committee Less Than 72 Hours Prior to the Meetinct Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items and are distributed to 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 Michael A. Payne, General Manager, 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. • 2 F ITEM NO. AGENDA REPORT • Committee Meeting Date: December 4, 2008 To: Planning-Engineering-Operations Committee From: Ken Vecchiarelli, Assistant General Manager Staff Contact: Steve Conklin, Consulting Engineer Leon de los Reyes, Water Quality Engineer Reviewed by General Counsel: No Budgeted: Yes Total Budget: $ 1.2M Funding Source: Water Revenue Bond CEQA Account No: 101-2700 Job No: 200813 Compliance: N/A Estimated Costs: $ 71,150 Dept: Eng Subject: Contract with General Pump for Rehabilitation of Well No. 12 SUMMARY: As part of the District's plans to restore and maximize the full potential of its groundwater production capabilities to its service area, bids were received for the cleaning and redevelopment of Well No. 12. Following an evaluation of the two bids received, staff recommends award to General Pump Company, Inc., at a cost of $71,150. • DISCUSSION: As previously reported to the PEO Committee, the District is experiencing diminishing productivity from some of its wells and an overall drop in the combined production capability due to the age, physical characteristics and configuration of the wells. This condition is exacerbated by lower pumping water level in the groundwater basin. The District is addressing this issue through its Well Optimization Plan. As a first step, Well No. 11 has been redeveloped and provided with a new 1600-gpm capacity pump, replacing the former 2000-gpm pump. Well No. 11 is operating very well at 1600 gpm. Thereafter, Well No. 12, which was operating with cascading water into the casing, was removed from service and the casing was examined by video-camera. The video was reviewed by staff of the District and by CDM the District's consultant. The inspection indicated that the casing was in good shape and a redevelopment plan was recommended by CDM. The District solicited bids for redevelopment from two firms that are experienced and qualified to perform this type work. The bids are as follows: General Pump Company: $71,150 Layne Christensen Company: $82,500 District staff reviewed the bids and recommends award to General Pump Company for $71,150. A copy of the bid by General Pump Company is attached. PRIOR RELEVANT BOARD ACTION(S): September 11, 2008: Approve Professional Service Agreement with Camp, Dresser & McKee, • Inc. in the amount not to exceed $54,390 to provide hydrogeologic and support engineering services for optimization study and assistance for the District's water production wells. STAFF RECOMMENDATION: That the PEO Committee recommend that the Board of Directors authorize the General Manager to execute a Purchase Order with General Pump Company, Inc., in the amount not to • exceed $71,150, to provide well redevelopment and testing of Well No. 12. • 0 U • • i Yorba Linda Water District Well No. 12 Bid Shoat Item Description Estimated Un Quantity Unit Price Total Price I Project mobilization and 1 Lump Sum aZ j Aa a $~a 000 demobilization including site cleanup. 2 Furnish and maintain system to 1 Lump Sum O© 0 $ 8100 o- achieve NPDES compliance including neutralizing acid and laboratory analyses. Provide description of your proposed system- 3 Furnish and install by swabbing 1 Lump sum 3 5 y a $ 3 550- pre-mixed sulfamic acid solution into perforated casing intervals per manufacturers direicrtions. 4 Wire brush well casing from top 8 Hours lw $3-700- to bottom 5 Bail or airlift fill from bottom of 4 Hours OQ $ 1 ZOD - well 6 Mechanical development with 40 Hours 2O0 $ 8 C>3p double swab while 1 simultaneously airlifting 7a Furnish, install and demobilize 1 Lump Sum ~ ~ ar3 0'0 I 000 pump equipment for well development and test pumping. Pump shall be equipped with an open ended deep suction set at approximately 240 feet and with a packer above the bowls at approximately 115 feet. 7b Furnish, install and demobilize 1 Lump Sum 6 J p $'3fj oa- pump equipment for well , , development and test pumping. Pump shall be equipped with an open ended deep suction set at approximately 420 feet and with a packer above the bowls at approximately 115 feet. 8 Conduct pumping development 40 Hours 'd v O $ Boo 0 - (by surging and pumping ) with pump with packer not inflated. 9 Conduct constant discharge 8 Hours pumping. _ CADocuments and SettingstbruneLGENPUMPlocal Settings\Temporary Intemet Files\Content.Outlook102WPKGP81Well 12 Bid FormAsMeet1 • Yorba Linda Water District Well No. 12 Bid Sheet Item Description Estimated Units Quantity 10 Conduct pumping with pump 8 Hours with packer inflated. Monitor pressures both above and below packer during pumping. Conduct video camera survey. Total Unit Price Total Price 1010 1 Lump Sum 1 150 0 $ 1 O C>C.) - $'71,150 Mobilization shall include but not be limited to providing all equipment necessary for the project including compressor, neutralization trailer or tank, pipe and toilet rentals. Provide rossum sand tester. Pumping rate 2,000,gpm The rehabilitation should include the introduction of sulphamic acid by swabbing (mechanical development). The entire using should be swabbed with additional swabbing in the perforated intervals so that the acid is forced into the formation. The dosage of acid should follow the manufacturer's recommendations. The bottom of the deep suction will be equipped with perforapons and placed in a blank section of the well to reduce turbulence (228 to 253 feet and 340 to 483 feet) ` Prevailing wage rate required. • CADocuments and Settings\bbrunel.GENPUMPlocal Settings\Temporary Internet Files\Content.Outlook\02WPKGPB\Well 12 Bid Form.)WSheetl Yorba Linda Water District ~ A ` Well No. 12 Bid Sheet -C 6tAl k ^ C l ~ZANA d--' • Item Description I Estimated Units Unit Price Quantity Total Price 1 Project mobilization and 1 Lump Sum $ 5,000 $ 5,000 demobilization including site cleanup. 2 Furnish and maintain system to 1 Lump Sum $ 9,220 $ 9,220 achieve NPDES compliance including neutralizing acid and laboratory analyses. Provide description of your proposed system. 3 Furnish and install by swabbing 1 Lump Sum $ 9,200 $ 9,200 pre-mixed sulfamic acid solution into perforated casing intervals per manufacturers directions. 4 Wire brush well casing from top 8 Hours $ 290 $ 2,320 to bottom 1 5 Bail or airlift fill from bottom of 4 Hours $ 290 $ 1,1601 well 6 Mechanical development with 40 Hours $ 375 $ 15,000 double swab while simultaneously airlifting 7a Fumish, install and demobilize 1 Lump Sum $ 12,900 $ 12,900 pump equipment for well development and test pumping. Pump shall be equipped with an open ended deep suction set at • approximately 240 feet and with a packer above the bowls at approximately 115 feet. 7b Fumish, install and demobilize 1 Lump Sum $ 12,900 $ 12,900 pump equipment for well development and test pumping. Pump shall be equipped with an open ended deep suction set at approximately 420 feet and with a packer above the bowls at approximately If 5 feet. 8 Conduct pumping development 40 Hours $ 250 $ 10,000 (by surging and pumping) with pump with packer not inflated. 9 Conduct constant discharge 8 Hours $ 250 $ 2,0001 pumping. 10 Conduct pumping with pump 8 Hours $ 250 $ 2,000 with packer inflated. Monitor pressures both above and below packer during pumping. (Conduct video camera survey. 1 i I Lump Sum 1 $ 8001 800 I I Total) I I I I I I $ 82,5001 Mobilization shall include but not be limited to providing al l equipment necessary for the project including • compressor, neutralization trailer or tank, pipe and toilet rentals. Provide rossum sand tester. Pumping rate 2,000 gpm -%I L....Lw..wLUw V1 %MMi A-rIlt,11 nnnnl.AirmcnHllAlin~in,uc\Tomnnran. In/nrnef MI-IN I<1A'AF\Nlnl1 A9 Rill Fnrm\ShAAN J Yorba Linda Water District Well No. 12 Bid Sheet lam. • Item Description Estimated Units Unit Price Total Price Quantity The rehabilitation should include the introduction of sulphamic acid by swabbing (mechanical development). The entire casing should be swabbed with additional swabbing in the perforated intervals so that the acid is forced into the formation. The dosage of acid should follow the manufacturer's recommendations. The bottom of the deep suction will be equipped with perforations and placed in a blank section of the well to reduce turbulence (226 to 253 feet and 340 to 483 feet) Prevailing wage rate required. • • u .....n~e~~.nen/t\MIin~IMUC~Tomnnrarv IntAmpt FPA%\OLK143E\Well 12 Bid Form\Sheetl ITEM NO. 9 AGENDA REPORT • Committee Meeting Date: December 4, 2008 To: Planning-Engineering-Operations Committee From: Ken Vecchiarelli, Assistant General Manager Staff Contact: Joe Polimino, Project Engineer Steve Conklin, Engineering Consultant Reviewed by General Counsel: N/A Budgeted: Yes Total Budget: $ 1.5 Million Funding Source: All Water Funds CEQA Account No: 101-2700 Job No: 200710 Compliance: Exempt Estimated Costs: $ 43,125 Dept: Eng Subject: Amendment No. 1 to Consultants Agreement with Psomas for Zone 4C Reconfiguration Project SUMMARY: Design plans for the Zone 4C Reconfiguration Project are nearing completion. In a recent design-review meeting, staff took a closer look at the existing San Antonio Pressure Reducing Station (PRS) through which water will be fed to the reconfigured zone. It was determined that an upgrade of the 27-year-old PRS would be appropriate. Psomas, the District's design • consultant for the project, was asked to provide a proposal to expand its services to include design of upgrades to the PRS. District staff reviewed the proposal by Psomas and recommends award of Amendment No. 1 in the amount of $43,125. DISCUSSION: The Zone 4C Reconfiguration Project was conceived to raise the hydraulic grade line from 675 to 706 to solve low-pressure problems in three separate areas, totaling 120 homes. Psomas, the District's design consultant for the project, is completing 100% design plans for review, consisting of pipeline and valve improvements. It is anticipated that the project will be advertised for bidding in late December 2008, with construction complete by December 2009. The new Zone 706 (4C) is supplied through the existing San Antonio PRS, which was constructed in 1981. In a recent meeting, staff reviewed the adjustments necessary in the existing PRS to serve the new, smaller Zone 706. It was determined that the best approach would be to upgrade the 27-year-old facility to current District design standards. This would include new pressure-reducing valves, full-size access hatch, forced-air ventilation, lighting, and controls to allow remote monitoring of pressure and flow. An important goal of the PRS upgrade would be to complete the design and replacement of the valves and appurtenances in the existing vault by the completion date of the Zone 706 pipeline work, planned for December 2009. That is, the PRS upgrade project would have its own design, bidding and construction with completion by December 2009. • At the District's request, Psomas provided a proposal to expand its project design services to include the upgrade of the San Antonio PRS. The proposal included a realistic and achievable project schedule for construction completion by December 2009. The proposal for services includes the following: • • Additional $40,465 for the design phase, including plans, specifications and estimate for the PRS upgrade project. • Additional $2,660 for bidding-phase assistance, including attendance in the pre-bid meeting, preparation of addendums and bid evaluation assistance. District staff reviewed the proposed services, staff-hours and fee and believe that they are appropriate for the work required. Staff recommends authorization of Amendment No. 1 in the amount of $43,125 for additional design services and bid-phase assistance, to upgrade the existing San Antonio PRS as part of the Zone Reconfiguration Project. This would bring the total for design and bid-phase services to $156,801. PRIOR RELEVANT BOARD ACTION(S): On June 28, 2007, the Board of Directors adopted Budgets for Fiscal Years 2007/08 and 2008/09 and approved the Current Five Year Capital Improvement Plan for FY 2007-2012. On September 13, 2007, the Board of Directors authorized staff to modify the Current Five Year Plan Capital Improvement Projects List and the Adopted Budget for Fiscal Years 2007-2009 by adding the Zone 4 Reconfiguration Project for the Twin Peaks Area of East Lake Village. On March 13, 2008, the Board of Directors received and filed the Zone Reconfiguration Study for Areas 1, 2 and 3 prepared by RBF Consulting and authorized staff to solicit proposals for the design of the combined projects identified as Alternative Six in this study. On May 15, 2008, the Board of Directors authorized the President and Secretary to execute a Professional Services Agreement with Psomas for a fee not to exceed $113,676 to provide design and bid services for • the Zone Reconfiguration and Sub Zone Extension Projects, Job Nos. 200220 and 200710. STAFF RECOMMENDATION: Support staff recommendation for Amendment No. 1 to the Consultants Agreement with Psomas, in the amount of $43,125 for additional work to provide design services and bid assistance for upgrades to the San Antonio PRS, in conjunction with the Zone Reconfiguration Project, Job No. 200710. C7 Balancing the Natural and Built Environment November 20, 2008 Mr. Joe Polimino Project Engineer YORBA LINDA WATEi R DISTRICT 1717 E. Miraloma Avenue Placentia, CA 92870 Subject: Proposal for Professional Design Services San Antonio Pressure Reducing Station Upgrade Project Dear Mr. Polimino: We are pleased to submit this Proposal for Professional Design Services to the Yorba Linda Water District (District) for the San Antonio Pressure Reducing Station Upgrade • Project. PROJECT UNDERSTANDING Psomas is currently preparing plans, specifications, and bidding documents for the Zone Reconfiguration for Areas 1, 2, and 3 Water System Improvements Project. The San Antonio Road Pressure Reducing Station (PRS) is located in Area 1 approximately 1,000 feet north of the intersection of Yorba Linda Boulevard and San Antonio Road. Adjustment of the downstream pressure setting in the San Antonio Road PRS to raise the downstream HGL from 675 to 706 is critical to the success of the zone reconfiguration project. This adjustment of the downstream HGL, along with piping and valve improvements in the distribution system, will improve service in areas currently experiencing low water pressure. Additionally, installation of check valves and isolation valves in the zone reconfiguration project will change the limits of the distribution system served by the San Antonio PRS, thereby reducing maximum day demands served by the PRS. Fire flow demands will remain consistent with the District's water master plan requirements. 3187 Red Hill Avenue • Suite 150 Costa Mesa, CA 91826 Tel 714.751.7373 Fax 714.545.8883 sin mpsomas.com PS O M A S • Yorba Linda Water District Page 2 Mr. Polimino November 20, 2008 The San Antonio PRS was constructed in 1981 using contemporary District standards, including ladder access through a manhole, two large PRVs and one small PRV in parallel, and a pressure relief valve. Power and telemetry is not available at the PRS vault. The District desires to upgrade the San Antonio PRS to meet current design standards and replace piping, valves, and equipment in sizes and configurations appropriate to serve the new flows and pressures proposed in the zone reconfiguration project. It is proposed to replace the three existing parallel PRVs with two new parallel PRVs. Power and communications upgrades will be constructed to provide lighting, forced air ventilation, intrusion detection, and SCADA signals for remote monitoring. PROJECT APPROACH Base Drawings We will use District provided record drawings supplemented with site visits to prepare a base drawing of the existing mechanical equipment (plan and section) and the existing • improvements in the immediate vicinity of the vault, including the manhole access, curb, gutter, vent pipes, pressure relief discharge piping, and other utilities and improvements visible on the ground surface. Calculations The District will provide water model information to include average day, maximum day, peak hour, and fire flow demands through the San Antonio PRS. Upstream and downstream HGLs of 780 feet and 706 feet, respectively, will be used in the PRV hydraulic calculations. We will recommend a combination of sizes for two new PRVs in parallel to handle the expected range of flows from the lowest demands to fire flow demands. Although cavitation is not expected to be an issue with pressure downstream of the PRVs at about 70 psi and a relatively small pressure drop across the valves, we will run calculations to determine if anti-cavitation trim should be included with the new PRVs. The PRVs will include flow measuring trim. Vault and Mechanical Design The District has stated the following design features and vault modifications are desired: ► Remove all existing valves, piping, and fittings inside the vault to the wall flanges; ► Clean and recoat the existing wall flanges and pipes penetrating the vault walls; • PSOMAS .7 Yorba Linda Water District Mr. Polimino Page 3 November 20, 2008 ► Install two new Cla-Val pressure reducing valves of the sizes needed for the proposed flow ranges; ► Pressure reducing valves to include flow measuring capabilities; ► Install ductile iron pipe and fittings per current District standards, including Victaulic couplings and gate valves (as seen at the Trentino PRS); ► Maintain existing pressure relief valve and piping; ► Remove the existing manhole access and provide non-traffic rated hatch with recessed padlock hasp (hatch will be single leaf or double leaf depending on size); ► Install Lapeyre stair for station access (similar to stairs at the Lakeview flow control station); ► Provide power to this station for; o Lighting (automatic on when hatch is open) • o Ventilation fan (automatic on when hatch is open) o SCADA ► Provide SCADA to include the following equipment and signals; o PLC o RTU o Pressure transducers with local digital readouts and transmitters to provide signal for pressure upstream and downstream of PRVs o Flow measurement through each PRV o Intrusion alarm Electrical/SCADA Design Moraes/Pham & Associates, our electrical subconsultant, will provide plans for the installation of power at the existing station. The plans will include a control sheet to show 1/0 wiring and Cla-Val control block diagrams. The electrical system will include wiring for lights, a ventilation fan and intrusion alarm. The. lights and fan will be designed to turn on when the vault hatch is opened. Detailed RTU drawings are not required and therefore not included in the scope of work. 0 P S O M A S • Yorba Linda Water District Page 4 Mr. Polimino November 20, 2008 The District standard SCADA configuration is Wonderware software on Modicon PLCs. PLC programming will be provided by the District and/or third party services and is not a part of this contract. A new electrical inter pedestal, an electrical panel, and a SCADA panel will be constructed behind the curb in the landscaping in the vicinity of the PRS vault. Traffic Control Design Work at the PRS vault will require removal of a small length of curb and AC pavement along San Antonio Road, as well as staging of materials and equipment in the "parking lane". Depending on the location of nearby power and telephone improvements, trenching along the gutter and/or across San Antonio might be required. The City has stated traffic control plans will be required for construction. We recommend requiring the Contractor to prepare traffic control plans and submittals to the City for encroachment permitting. We have not included preparation of traffic control plans in the scope of work for this project. • Permitting/Right-q1 6T"i{v The location of the City of Yorba Linda right-of-way and the status of existing District easements at the San Antonio PRS are currently unknown. The area behind the existing curb at the PRS is landscaped and includes a slope with ice plant and mature trees. Work at the PRS vault will include limited excavation and materials and construction equipment staging within City of Yorba Linda right-of-way, requiring a construction encroachment permit. Work to construct underground power and communications lines to the PRS from remote facilities will require an encroachment permit for trenching parallel with and/or across San Antonio Road. The plans and specifications will require the Contractor to prepare and submit an encroachment permit application to the City of Yorba Linda and obtain the permit prior to construction. Construction Plain Sheets Following is a list of the constriction plan sheets we anticipate for this project: 1 Title Sheet 2 General Notes, Vicinity & Location Maps 3 Standard Symbols, Abbreviations, Basis of Bearing and Bench Mark 4 Demolition Plan 5 Site Plan and Vault Modifications 6 Hatch Structural Plan and Details is P S 0 M A S • Yorba Linda Water District Mr. Polimino 7 Mechanical Plan and Section 8 Miscellaneous Details 9 Electrical Symbols and Standard Abbreviations 10 Electrical Plans 11 Electrical Schedules/Details 12 Controls SCOPE OF SERVICES Psomas will provide the following scope of services: 1.0 Design Phase Page 5 November 20, 2008 1.1 Records Research - Perform a thorough review of available record drawings, reports, and operating data obtained from YLWD, the City of Yorba Linda • and other utility owners listed on .the Dig Alert website. 1.2 Calculations - Perform hydraulic calculations for the pressure reducing valves and piping to determine sizes for the desired range of flows and to check for the risk of cavitation. Perform structural calculations for the vault roof modifications and installation of a new hatch and frame. Calculate desired air turnover rate and size a ventilation fan for the vault. 1.3 Base Drawings - Create AutoCAD base drawings at a scale of 1/2"=1' using all available vault and utility record drawing information supplemented with site visits. 1.4 50% Design Submittal - Prepare 50% design construction plans showing the preliminary vault mechanical and structural design. Plans will be provided at 1/2"=1' scale in plan and section views. We will provide five (5) sets of the 50% design plans for District review. 1.5 90% Design Submittal - Prepare 90% design submittal incorporating District plan review continents, structural, and electrical design. Plans will be provided at a horizontal scale of 1/2"=1'. Five (5) sets of project bid documents, technical specifications and preliminary construction cost estimate will be submitted with the 90% plans for District review and is comment. P S O M A S r1 U Yorba Linda Water District Mr. Polimino Page 6 November 20, 2008 1.6 100% Design Submittal - Incorporate District's final review comments and submit five (5) sets of 100% construction plans, contract documents, technical specifications and construction cost estimate for District acceptance. 1.7 Final Deliverables - Deliver signed/sealed mylar drawings, final bid documents and compact disk containing all documents in AutoCAD (latest version) and MS Word for use in construction bidding. Reproduction of construction documents for bidding purposes is not included. 1.8 Project Management and Meetings - Provide project management to ensure adherence to the project schedule and budget and to document all communication between Psomas and the District. Psomas will conduct and document meetings at project kick-off, 50% and 90% design review submittals. Agendas and minutes will be prepared for all meetings. 1.9 Permit Assistance - Standard City of Yorba Linda permit conditions will be • included in the final contract documents and will require the Contractor to obtain the encroachment permit. Plan submittals to the City during design are not included in the scope of work. 2.0 Bid Phase 2.1 Attend Pre-Bid fleeting- Assist the District by attending the project pre-bid meeting. 2.2 Prepare Addenda - Assist the District by preparing any required addenda to clarify the construction documents. 2.3 Bid Evaluation Assistance - Assist the District in review and evaluation of the contractor bids. Project Schedule Since the Zone Reconfiguration and San Antonio PRS Upgrade projects are hydraulically related, it is important to coordinate the construction period of both projects to the same time fratnc. We have prepared a project design schedule attached as Figure 1, which includes the schedule for both projects. We are available to begin work on the project immediately after receiving the notice-to-proceed from the District. C, PS ®MAS • Yorba Linda Water District Mr. Polimino Labor Horns and Fee Page 7 November 20, 2008 We propose to provide engineering services to complete the work as discussed above on an hourly basis with the total fee not to exceed that shown in Table 1 attached. Our Fee Table lists the subject project as Variance No. 1 and shows the estimated labor hours and fees by task and total fee. The fee is computed based on our Standard Hourly Rates in effect at the time services are rendered. Our current Standard Hourly Rate Schedule is also attached as Table 2. In addition to specific exclusions stated previously, this proposal does not include preparation of SCADA programming and integration, geotechnical studies, traffic control plans, easement legal descriptions, surveying, potholing, construction phase services, record drawings, and other services not specifically stated herein. If you have any questions, please do not hesitate to call me at 714-481-8061. • Sincerely, PS®MAS Je Vernon R. Weisman, P.E. Senior Project Manager VRN:NG:vs Encl. 2008-11-18_YLWD_Itr prpsl_VW-NG.doc 0 • • • FIGURE 1 YORBA LINDA WATER DISTRICT Design Services —Zone Reconfiguradon for Areas 1, 2, and 3 Water System Improvements Project and Son Antonio Road PRS Upgrade Project Schedule Task Warne Duration start Finish ems 7/08 8lOe 9/08 10/08 11/98 12108 1 /09 2/09 9109 4/09 5109 8/08 7/09 9/09 9/99 10/08 11/09 212 Variance No.1 - San Antonio Road PRS Upgrade 216 days Thu 12111/08 Thu 1018109 Notice to Proceed 1 day Thu 12111/08 Thu 12/11108 tent Prepare 50% Design Plans 20 days Fri 12/12108 Thu 1 /8/09 District Review of 50% Design Plans 5 days Fri 1/9/09 Thu 1/15/09 Prepare 90% Design Plans 17 days Fri 1/160) Mon 219109 District Review of 90% Design Plans 10 days Tue 2/10109 Mon 2123/09 Prepare 100% Design Documents 10 days Tue 2/24/09 Mon 3/9/09 District Review of 100% Design Docs 5 days Tue 3110/09 Mon 3116109 Submit Final Mylars & Contract Does 5 days Tue 3117/09 Mon 3123/09 Bid Period 28 days Tue 3124109 Thu 4/30/09 Contract Award 10 days Fri 5/1/09 Thu 5/14109 Construction Period 105 days Fri 5115109 Thu 10/8/09 P S O M A S reek � Milestone 0 Notice to Proceed �J • • TABLE 1 YORBA LINDA WATER DISTRICT Zone Reconfiguration Project Estimated Labor Hours and Fees 2.0 Bid Phase - - 0 0 2 0 2 0 4 $524 $0 $13,200 $0. $0 $13,724 Subtotal Task 3.0 0 0 2 0 2 0 4 $524 $0 $13,200' $0 - $0 $13,724 P.E. - Project Engineer ($144ar) S.E. - Staff Engineer ($117mv) CADD - Lead CAD Designer ($1la" 2.1 Attend Pre -Bid Meeting _... ...a._- -- - -- - -- - 0 2 2 - -. .._ _. 0 .. 0 -- 0 -- 4 - - $838 '-- $0 SO $0 $p $636 22 Prepare Addendum 0 2 8 0 2 0 12 _ $1,736 $0 -- $0 - $0' -- $0 $1,736 2.3 Assist in Evaluation of Bids we 0 1 2 0 0 0 3 $462 $0 $0 $0 $0 $402 $0 Subtotal Task 2.0 0 5 12 0 2 0 19 $2,934 $0 $0 $0; $0 $2,634 30 Palliating Services 3.1 PoMoOng of hosting utilities at 10 Locations - - 0 0 2 0 2 0 4 $524 $0 $13,200 $0. $0 $13,724 Subtotal Task 3.0 0 0 2 0 2 0 4 $524 $0 $13,200' $0 - $0 $13,724 Variance No. 1 - San Antonio Road PRS Upgrade peownas P.I.G. - Principal In Charge 8 DAICC ($1968n) Pothole (Widerwound Solutions) P.M. - Project Manage (51741hr) aectilol (Momeaftam) P.E. - Project Engineer ($144ar) S.E. - Staff Engineer ($117mv) CADD - Lead CAD Designer ($1la" Vt -1 - Design Phase VI-1.1 I Utility Records Research 0 0 0 4 0 0 4 $468 $0. $0 $0 we $682 VIA-2 Perform Hydraulic and Structural Calculations _ 0 1 16 0 0 0 17 $2,478 $0 $0 $0 $0 $2,478 V7 -1.3. Site Visit/ Prepare Base. Mapping -_ 0 0 4 0 4 16 24 $2,552 $0 $D $0 60 $2,552 Vt -1.4 Prepare PrNimbiary Design (50%) Plans 0 2 8 0 8 12 _ 30 $3,572 $0 $0. $7,650 $165 $5,387 V11-1.5 Prepare 90% Plans, Specifications and Estimate 0 4 24 0 12 32 72 $8,576 $0 $0 $8,050 5220 V1 -1.6 Prepare 100% Plans, Specifications and Estimate 0 2 10 0 8 20 40 $4,612 $0 $0 $3,190 $220 _$14,848 $8,022 VI-1.7 Provide I" Deliverables 0 2 2 0 4 6 18 $t,860 80 $0 -$0 $220 $2,080 VI-1.8: Project Management and Meetings - 2 4 10 0 0 0 18 $2,528 $0 $0_ $0 $55 $2,599 V1 -1.9• Permit Assistants 0 1 4 8 0 0 13 $1,686' $0 .so $0 $110 $1,809 Sub -Total Task VIA 2 16 78 12 - 36 Be 232 $28,332 $0 $0 $10,890 $1,210 $40,465 1.2 - Bid Phase V7-2.1 - Attend Pre -Bid Meeting 0 2 2 0 0 0 4 $636 $0 $0 $0 $0 $636 VI- 2.2 'PrepareAddendum 0 1 6 0_ 2 0 11 $1,562 $0 $0 $0 $0 $1,562 Vi-2.3 Assist in Evaluation of Bids 0 1 2 0 0 0 3 $462 $0 $0 $0, $0 $462 Sub -Total Task V1.21 0 4 12 0 2 0 18 $2,860, $0 $o $0 $0 $2,650 Subtotal Variance No. 1 2 20 12 0 2 - 0 18 1 $30,992 $0 $0 $10,890 $1,210 $43,125 Total Estimated Hours and Fee 11 75 170 82 194 170 684 1 $113,308 $15,270 $13,200 $10,890 - $4,100 $156,801 Psomas peownas P.I.G. - Principal In Charge 8 DAICC ($1968n) Pothole (Widerwound Solutions) P.M. - Project Manage (51741hr) aectilol (Momeaftam) P.E. - Project Engineer ($144ar) S.E. - Staff Engineer ($117mv) CADD - Lead CAD Designer ($1la" Des - Designer ($948u) Psomas • TABLE 2 HOURLY RATE SCHEDULE For services by Psomas Effective through December 31, 2008 Water and Wastewater Engineering Services $ 65-$ 85 Administrative Assistant $ 65-$ 90 Engineering Assistant $ 70 - $100 CAD Designer $ 80 - $120 Lead CAD Designer $ 80 - $125 Civil Engineer Designer $ 90 - $130 Professional Engineer/Surveyor $120-$160 Project Engineer/Project Surveyor/Senior Environmental Scientist $120-$195 Senior Project Engineer $150-$190 Project Manager $165-$230 Senior Project Manager, QA/QC Manager, Principal-In-Charge $210-$235 Two-Man Survey Crew • . Standard computer and technology costs are incorporated into these hourly rates, as well as direct labor, overhead, fringe benefits and fee. • Survey and other specialty equipment will be charged at a per unit per day rate. • Expert witness testimony is two times the normal rate. • Per Diem is calculated at current State Department of Transportation rates (or other appropriate Agency rate). Reimbursables Mileage at $0.585 per mile (or current IRS allowable rate) and parking expenses incurred by office employees are charged at cost. Prints, plots, messenger service, subsistence, air travel, and other direct expenses will be charged at cost plus ten percent. The services of outside consultants will be charged at cost plus fifteen percent. C7 ITEM NO. AGENDA REPORT • Committee Meeting Date: December 4, 2008 To: Planning Engineering Operations Committee From: Michael A. Payne, General Manager Staff Contact: Ken Vecchiarelli, Assistant General Manager Leon de los Reyes, Water Quality Engineer Reviewed by General Counsel: No Budgeted: Yes Total Budget: $ 3.2M Funding Source: Water Revenue Bond CEQA Account No: 101-2700 Job No: 200711 Compliance: Assessment Pending Estimated Costs: $550.00 Dept: Eng Subject: License Agreement with Orange County Water District for Access to Warner Basin Complex to Collect Water Quality Samples SUMMARY: The District is required by the State Department of Public Health (DPH) to collect and analyze water quality samples from Orange County Water District's (OCWD's) Conrock Basin. OCWD requires the execution of a License Agreement in order to access its property for sample collection. is DISCUSSION: As part of the District's long-term goal of increasing groundwater production, efforts continue to gain approval to construct a second well at the site of Well No. 11, near to OCWD's Conrock Basin. Per DPH requirements, the District must perform a series of water quality tests on Well No. 11 and on nearby surface-water bodies, including the Santa Ana River and Conrock Basin. OCWD requires the execution of a License Agreement, documentation of insurance and payment of a license fee of $550 in order to access its property for sample collection. A copy of the License Agreement is attached. Staff has reviewed the agreement and recommends approval. PRIOR RELEVANT BOARD ACTION(S): September 11, 2008: Authorize a Professional Service Agreement with Camp, Dresser & McKee, Inc. in the amount of $179,500 for hydrogeologic services to evaluate two potential well sites, provide well-hole design, specifications, observation and inspection services for two new groundwater wells. STAFF RECOMMENDATION: That the Board of Directors authorize execution of the License Agreement with Orange County Water District for access to the Warner Basin Complex to collect water samples, and to approve payment of $550 license fee to OCWD. 4. • LICENSE AGREEMENT (YORBA LINDA WATER DISTRICT) (WARNER BASIN COMPLEX) This License Agreement ("License") is made and entered into as of , 2008 by and between the ORANGE COUNTY WATER DISTRICT, a political subdivision of the State of California organized under Chapter 924 of the Statut6k, of 1933, as amended ("OCWD"), and YORBA LINDA WATER DISTRICT, a special governmental district of the State of California ("Licensee"). PART I a FUNDAMENTAL LICPPISE TERMS 1.1 License: OCWD hereby issues to Licensee a License togenter upon the following real property owned by OCWD, for the purpose or activity specific in Paragraph 1.1.2: 1.1.1 Licensed Property: 4060 . La Palma Avenge, Anaheim, CA., Conrock Basin, as shown on the map included as aft 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 i rdm ses solely and exclusively for the following purpose(s) or activity(ies) to collect water samples.` 1.2 Term: Thig ILicense shall commence on December 17, 2008 ("Commencement Date") and shall continue to and terminate of 11:59 yp.m. lgiral time on December 31, 2010 ("Expiration Date"). This License and the Licensee's rireunder may not be extended beyond the Expirationbate unless-such extension is set forth in writing and signed by both OCWD and the Licensees Notwithstanding the foregoing or any other provision of this License, either OCWD or Licensee, may terminate thi`s` License with or without cause, or for any reason, at any time, by giving the' other party a ten (10) days written notice of termination. BY PLACING ITS IN ITIALS HERE, LICENSEE ACKNOWLEDGES THAT IT HAS REAM AND UDERSTANDS THE PROVISIONS OF THIS LICENSE THAT ALLOW OCWD TO TERMINATE THIS LICENSE AT ANY TIME WITH OR WITHOUT CAUSE AS SET FORTH HEREINABOVE. Licensee: 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). 131/022499-0016 949607.01 al 1/18/08 k 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 II ("General Provisions"), to OCWD at the address set forth in Part II, and to Licensee at the address set forth in this Part 1. • 1.5 Attachments: This License incorporates by reference the following Attachments to this License: By:. Michael R. Markus P. t.'. General Mhnager i x" APPROVED AS TO ORM: RUTAN & TUCKER, LLP. Part I: Fundamental License Terms Part 11: General License Provisions Part III: Special License Provisions Part IV: Map of the Premises 1.6 Integration: This License represents the entire ua si.ding of OCWD and Licensee as to the License and all other matters contained herein. V 1pno?'oral or written understanding shall be of any force or effect with regard to those nutters cov ed by this Licensed This License supersedes and cancels any and all previous negotiations, arran t'. ents, agreemenWs or understandings, if any, between the parties, and none shall' be use` 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 ORBA,LINI A WATER DISTRICT ti B B° Stephen R. Sheldon, President ,,VName: Title: General Counsel, Orange County Water District By: Name: Title: [Note: Licenses issued to corporations require the signature of two corporate officers] 131/022499-0016 949607.01 all/18/08 -2- 4 Licensee Information: • Address for Notices: 1717 E. Miraloma Ave. P.O. Box 309 Placentia, CA 92885-0309 Attn: Ken Vecchiarelli Telephone Number: (7ol,4) 701-3102 Fax No.: (714) 70,1 1084t~ Email Address: kvec@ylwd.com P Y. ~ • 131/022499-0016 949607.01 a11/18/08 -3- • • PART II GENERAL LICENSE PROVISIONS 2.1 Pavment of License Fee 2. 1.1 Transmittal of Pavments: 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 sbill=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, pms due`under this License shall be paid I I, without offset or deduction, and shall be deemed payments on account. Neither the payment by Licensee nor the acceptance lsy OCWD of any License Fee or other sum in an amount which is less than the amount due andThyable pursuant to this License, nor F the issuance of a monthly statement showing as due and payable an amount less than is properly due and payable pursuaiif to the terms of this License, shall constitute an agreement by OCWD modifying this License or a waiver gf OWD's right to receive all sums provided for in this License. No endoroerrtent or state ient 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 payml~ is from LWensee without prejudice to OCWD's right to recover the'balance of 4amount due or to pursue any other remedy in this Licensegor otherwise provided by law.3 2.2 Charizes for Pavment of License.Fee f X2.2:1 If any payment of any License Fee or any other sum due OCWD is not received 600 by;OCWD within ten (10) days after the due date, Licensee shall be deemed delinquent in its -License Fee payment and elate 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 (1.56/o)' 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. • 131/022499-0016 949607.01 al 1/18/08 -4- 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 OIF following conditions, covenants and restrictions:' ` 2.3.1.1 Except as provided in this License, tl a Premiss shall be used only for the purposes specified in Paragraph 1.1.2,a6bve, pd 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 "hazardousiaterial," "hazardous waste" or "hazardous chemicals" as: those terms are used in CERCLA (42 U.S.C. § 9601(14)) or'j''ARA (42 U.S.C. §410211(e)) or any similar Federal, State, or local law, statute, ordinance, regulation or orde° or otherwise determined by OCWD, to be brought up( p, left, used®or abandoned on the Premises. • 2.3.1.3 Licensee shall not ma in, commit or permit the maintenance or commission of any waste or any isance (as defined in California Civil Code sectigh 3479) on the Premises, and ~icensee shall not use or permit the use of the Premises for any unlawful purpose. 2.5 OCWD or its authorized'representative shall have the right at all reasonable times to enter upon the Premises and inspect the general condition of ,4g the Premises to determine; if Licensee is complying with the terms, conditions, requirements and provisions of this License. 2.3.2 Unties and Services: Licensee shall be solely responsible for obtaining all utility service and for the p4ynent of all utility charges, including but not limited to water and power, supplied tp-the Premises. 2.3.3 Permits and Annrovals: 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. 131/022499-0016 949607.01 all/18/08 -5- 2.4 Insurance: Without limiting Licensee's indemnification obligations, Licensee shall not • enter or occupy the Premises until Licensee has obtained all of the insurance required herein from a company or companies licensed to do business in the State of California and acceptable to OCWD, 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. +~~Y 2.4.1 Licensee shall take out and maintain the following ins ance~~ 2.4.1.1 Workers' Compensation and Emplov&,S Liabllity Insurance: Licensee "',i IF ~ shall cover or insure under the applicable laws #,lating to , porkers' compensation insurance all of its employees working on or dbott the Premises, in accordance with the "Workers' Compensation andiTnsurance Act," Division 1'V, of the Labor Code of the State of California andiany Acts am tidatory thereof." *ei see shall provide worker's compensation insurance and . lbker's liability,insurance with limits not less than One Million Dollars ($1;000,000) each occurrence, One Million Dollars ($1,000,0PO)edisease policy limit,,and One Million Dollars ($1,000,000) disease each employee. Such policy of wgrkers compensation insurance shall contain the following -separate endorsements: (a) "Insurer waives1 ill rights of subrogation against the Orange r 4 $ County Water District, its officerss;directors, employees, representatives and volunteers." (b) "This insurance poli Ycy shall not be suspended, voided, reduced in coverage or in limits, cancelled ignited, non-renewed or materially changed for E any reason by the insurer until thirty (30) days after receipt by the Orange County Water District of a writtiotice of such cancellation, limitation or reduction of "w coverage. 2:4:1.2 Comiiiercial General Liabilitv Insurance providing coverage in the E follo!ving mimum limits: nE gae~. (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 949607.01 al 1/18/08 -6- the project/location (with the ISO CG 2503 or ISO CG 2504, or insurer's • equivalent endorsement provided to OCWD), or the general aggregate limit shall be twice the required occurrence limit. 2.4.1.3 Comprehensive Automobile Liabilitv 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 Dorllarq.($1,000,000) per occurrence for Bodily Injury or Death and Property bammage. S9dy., 'h E&d (b) Coverage shall be at least as brdhd' as Insurance Services Office (ISO) Business and Auto Coverage (Form,(,'&Ql) covering any auto. 2.4.2 Endorsements: The policies of liability insurance provided for''iri Paragraphs 2.4.1.2 and 2.4.1.3 shall specify that this specif c Licens6js insured and that coverage for injury to participants resulting from Licensee's actitritie 4s 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 prrnes of the Orange County Water District. The • coverage shall contain no special` limitations on the scope of protection afforded to the, Orange County Water Distri g,its officers, directors, employees, representatives, and volunteers." (b) "This insurance policy shall not be suspended, voided, reduced in ,z coverage or in limits, canceled, limited, non-renewed, or materially changed for any reason until thirty (3l) "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,lo,s' 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." • 131/022499-0016 949607.01 all/18/08 -7- (e) "This insurance shall apply separately to each insured against • whom claim is made or suit is brought, except with respect to the limits of the insurer's liability." 2.4.3 Evidence of Coverage: Licensee shall at the time of the execution of the License present to OCWD the original policies of insurance required by this Paragraph 2.4 or a certificate of the insurance, with separate endorsements (Insurance Services Office Form CG 2026, or equivalent), showing the issuance of such insurance and the additional insured and other provisions and endorsements required hereio,ano'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 cerfif cate. At least thirty (30) days prior to the expiration of any such policy, a signed coi*ete certificate of insurance, with all endorsements provided herein, showing that Stich insurance coverage has been renewed or extended, shall be filed with OGWD. Licensee's insurance shall apply separately to each insured against whom claim is made o~ Auit is brought, except with respect to the limits of the insurer's liability. 2.4.4 Review of Coverase: 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 insuranceepirovisions in this License do not provide adequate protection for OCWD, OCWI? shall'have~ the ri&bl to require Licensee to obtain • insurance sufficient in coverage, form aud:l mits to provide adequate protection and Licensee shall promptly eoply with anysuch requirement. OCWD's requirements shall not be unreonable, but shah be adequateh,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,~pr thereafter. 2A.5 Deductibles:, Any and all deductibles must be declared and approved by OCWD prior to execution of this License. ' 2.4 .6 .License Contingent Unon Coverage: Notwithstanding any other provision of this License;t'10 '1s License Ali 11 be null and void at all times when the above-referenced original policies of insurance or Certificate of Insurance or Renewal Certificates or Endorsements` aro'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 949607.01 al 1/18/08 -8- this License, or directly or indirectly from any state or condition of the Premises, or any • part thereof. 2.5.2 Indemnification: Irrespective of any insurance carried by Licensee for the benefit of OCWD, and notwithstanding any other provision of this License to the contrary, Licensee shall indemnify and hold OCWD, its officers, directors, employees, representatives and volunteers harmless from and against any and all actions, claims, demands, judgments, attorneys fees, costs, damages to persons pr.property, penalties, obligations, expenses or liabilities of any kind that may be asserted br claimed by any person or entity (including, but not limited to, any employed agent or contractor of Licensee) in any way arising out of or in connection w A4 this License, the operations carried on by Licensee on the Premises or any landsJohich Lic e i ` ee has access w; > hereunder, or the occupation or use of the Premt es bydUcensee or erson or entity holding under Licensee (collectively, "Clainas whether or not there is concurrent active or passive negligence on the part of OCV , and/or acts + r which the OCWD'would be held strictly liable, but excluding the sole active negligence' find willful misconduct of OCWD. In connection therewith: 2.5.2.1 Licensee shall defend and, hold OCWDits off gers, employees, agents, representatives and volunteers, harmless from any and all Claims, whether caused in whole or in part by OCWD's,actiyo, obf passive ,negligence, and/or acts for • which OCV D"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, ororepresentatives; and Licensee shall pay all expenses and costs, including attorneys' fees, incurred in connection therewith. 2.5.2.2 ' Licensee si all 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 S le active negligence and willful misconduct of OCWD. g~ 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. • 131/022499-0016 949607.01 a11/18/08 -9- 2.6 Legal Relations and Responsibilities • 2.6.1 Nature of Relationship: OCWD and Licensee understand and agree that the only relationship between them created by this License is that of Licensor and Licensee, and that this License does not create, and shall not be construed to create, any agency, partnership, joint venture, landlord-tenant or other relationship between OCWD and Licensee. @L33 2.6.2 Compliance with Laws: Licensee shall keep itself ful yhi"ed 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, Licge or the possession or use of the Premises by Licensee, and of all such orders,#nd deci 0'of bodies or tribunals having any jurisdiction or authority over the sam Licensee shall a1411 times observe and comply with all such existing and future laws, ordinances, regulation, orders and decrees, and shall protect and indemnify, p required he in, OCWD, its ofticors, directors, employees and agents against any claim.gr liability, arising from,r based on the violation of any such law, ordinance, regulation, order or decree, whether by Licensee or any person or entity holding undo Licensee. 2.6.3 Assignment: The License granted hereby is personal toLicensee 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 OCVVI, which may be withheld, in its sole and absolute discretion, for any reason or no reason at all. 71 2.6.4 Acknowledment,of OCVVD's Title,, Licensee hereby acknowledges the title of OCWD in and to the PV!3mjses, nclud t the real property fixtures and improvements existing or erected thereon,> d Licensee hereby covenants and promises never to assail, contest or resist OCVVD's titt c le Premises. 2.6.5, d Liens: Licens etshall ~rnaintain 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 offhabor 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. • 1311022499-0016 949607.01 a11/18/08 -10- A- 2.6.7 OCWD's Reservations • 2.6.7.1 OCWD hereby reserves the right to grant 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 termitte•this License upon thirty (30) days written notice to OCWD. Licensee shall no'ftiterfere with any easements or rights-of-way pertaining to or affeO ng the'Aremises. 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 &ent of such sale, fer or disposition, and notwithstanding any oiheiproviWrt of this Licens "this License shall, upon the close of escrow or the convey'ain of title, terminate as to the portions of the Premises §ld,, transferred or dispspd of, and Licensee shall release the same from the terms of this License and $omjany encumbrance which results from this License. 2.6.7.3 OCWD reserves the right nto itself to.fierform any and all work • involved itiAprotecting, replenishing and/or cofiserving the basin groundwater supply and any other, Work necessAt'y 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 ame4dd, upon any portion or all of the Premises at any time. Su~k~ wmrk may be performed without incurring any liability of any nature whatsoever to Licensee, and Licensee hereby releases OCWD from, and covenants not to sue OCW~ for, any such liability. OCWD further reserves unto 1 6 itself the righ of ingress and egress over all or any portion of the Premises. 2.6.8 Waiver of C1 s: As a material part of the consideration to OCWD under the License, Licensee heeby waives any and all claims that it may have against OCWD during the term, this License, or any extension or renewal thereof, for any damage to goods, wares afid 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. • 131/022499-0016 949607.01 al 1/18/08 -11- 2.6.10 Disposition of Abandoned Pronertv: 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,otticensee's personal property pursuant to this Section. 2.6.11 Premises "As-Is": Licensee acknowledges tthe Premises are being provided to Licensee on an "as-is" basis, and Licensee takes,and'ccupies 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, them income-producing history, potential or capabilities, their value, or any other promise,'rehresentation of inducement not expressly set forth in this License. 2.6.12 No Representation or Warrantv,Concernins Premises -,,o Licensee acknowledges that neither OCWD, nor any of its officers, employees, agents or representatives, has made any written or oral representation, promise, or vvarrgnty, 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 e?~Oressly set forth in this Licen e. 2.6.13 Disputes: In4he 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 ar d recovery ordered by the court, shall be entitled to recover all statutory costs, plus reasonable attorneys'; fees. Shbuld OCWD be named in any suit brought by any third party against License 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 131/022499-0016 949607.01 a11/18/08 -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 Liabilitv on Termination: Lieensee hereby waives all-damages or claims for damage that maybe caused by any action of~OCWD in terming,g.this License (either with or without cause), ortaking possession of the Premise Aas provided in this License or at law, and Licensee waives alltclaims 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 Obliption to Mamt'ano*emises: Licensee shall at all times during the • term of this License, and any extension ors renewal thereof, at its sole cost and expense, removes allcfash and debris from the Preriles. Licensee shall also keep and maintain in good condition and h. substantial repair (ally p the satisfaction of OCWD in its sole discretion),.tl a Premises 'and ally ppurten ° ces and every part thereof, including im ovements 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, improvemz is 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 v iitll 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 131/022499-0016 949607.01 al 1/18/08 -13- 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 requ r d or permitted to be given or delivered by this License may be given or delivered by#iso4#delivery or by depositing the same in any United States mail depository, first cuss postage praid, and addressed as follows: jq, ~a If to OCWD: If by mail: ORANGE COUNTY WATER DISTRICT P.O. Box 8300 If by personal delivery: • If to Licensee: is Fountain Valley, CA, 92728-8300 Attn: Property Managdmght ORANGE COUNTXIVVATER DISTRICT 1h0 Ward Street Fountain Valley, CA 92708 Attn I Property Management To sucli name and address set forth for Licensee in Part I of this License, f 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 effec0e,until acknowl aged in writing by the party to who directed. Except where service`iq y personatolivery 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. w 2.8.2 Warrantv of Authoritv: 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. 131/022499-0016 949607.01 all/18/08 -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 l vs of tlip. State of California and as if drafted by both OCWD and Licensee. No amend*nt, char 6 or modification of this document shall be valid unless in writing, stafli glq t it amends, changes or modifies this License, and signed by all of the parties hereto. 2.8.6 Successors: Subject to the provisions' Paragrap*g.6.3 above, thi s s License, and ~ all of the terms, conditions and provisions herein; %shall inure 'lo the benefit of, and be binding upon, OCWD, Licensee, and their respective successors and assigns. 2.8.7 Re-Entry: No entry or re-entry into the Premises by'Gi WD shall be construed as an election to terminate this License,.unless prior thereto or oncurrently therewith written notice of intent to terminate is tivenby OCWDAQ1Licensee. OCWD's entry into • possession of the P mise9 without hav!4 elected to terminate shall not prevent OCWD from making s u fi an election and giving'Licensee notice thereof. 2.8.8 Partial Inv dity: )'faany term, covenant, condition or provision of this License is held by,a;court of competent jurisdictio t~ be invalid, void, illegal, or unenforceable, the re trader of the provisions hereof shall remain in full force and effect and shall in no 4ay affect, impair,. or invalidate any other term, covenant, condition or provision t contained in this License. 2.8.9 ? Further Assurances: Each of the parties hereto shall execute and deliver any and all additinna.ypapers, documents and other assurances and shall do any and all acts and 10 things reaso 4ly r c essary in connection with the performance of their obligations hereunder and to,carry out the intent of the parties hereto. ti' 2.8.10 Precedence: In the event of any conflict between Parts of this License, Part I shall prevail over Parts II, III and IV, and Part III shall prevail over Part II. • 131/022499-0016 949607.01 al 1/18/08 -15- t s PART III • 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. 3.2 Additional Insurance: The following are added to Paragral'~.4, as additional conditions of Insurance of the Premises: 2.4.7 Licensee may submit a letter of self-insure On lieu of a cartaificate of insurance in a form acceptable to OCWD. F ~ +e ax e~`1 • 131/022499-0016 949607.01 all/18/08 -16- s r • C7 • ;r 131/022499-0016 949607.01 a11/18/08 PART IV MAP OF THE PREMISES -17- ITEM NO. AGENDA REPORT Committee Meeting Date: December 4, 2008 To: Planning-Engineering-Operations Committee From: Ken Vecchiarelli, Assistant General Manager Staff Contact: Leon de los Reyes, Water Quality Engineer Steve Conklin, Contract Engineer Reviewed by General Counsel: No Budgeted: Yes Total Budget: $ 11.2M Funding Source: Water Revenue Bond CEQA Account No: 102-2700 Job No: 200309 Compliance: Mitigated Neg. Dec. Estimated Costs: $ 11.2M Dept: Eng Subject: Progress Payment No. 7, and Change Order No. 1 for the Highland Reservoir Replacement Project SUMMARY: The Board of Directors awarded a contract to Schuler Engineering for construction of the Highland Reservoir Replacement Project on April 10, 2008 and approved a project construction budget of $11.2M on May 15, 2008. Submitted for consideration are construction Progress Payment No. 7 and Change Order No. 1. DISCUSSION: In accordance with the contract documents, Schuler Engineering Corporation submitted a request for Progress Payment No. 7 for the period ending November 30, 2008. This progress pay request includes small percentage payments for shoring and sheet bracing, mobilization including project related office expenses and submittals, 26 % of electrical and instrumentation, 47% underground yard piping including piping connections to the Highland Booster Pump Station, and 24% of temporary tank related tasks such as tank #2 assembly, and overflow and drain piping structures. Moreover, in accordance with the contract documents, Schuler Engineering submitted Change Order No. 1 due to modifications and field-changed conditions encountered during the course of construction from June to October 2008. Change Order No. 1 comprises credits to the District for changed and deleted mobilization, office equipment deletions, material substitution and addition under the sloped portion of foundation, deletion and substitution of construction materials under the temporary tanks, and a credit to the District for payment of Schuler's geotechnical services cost due to the latter's delay in executing a geotechnical contract. In addition, it also includes: • a 4-inch diameter French drain work, as recommended by our geotechnical engineer, to mitigate wet soil condition encountered around Temporary Tank No. 1, • a changed field condition related to the existing 30" Zone-1 pipeline connection. This eliminates the siphon design condition at 3.6 feet (about 360,000 gallons) reservoir water level, thereby increasing reliability and maximum use of reservoir capacity • encasement of the 30" storm drain due to its proximity to the Temporary Tank #1 r • two air relief valves due to pipeline alignment changes in the bypass and meter vaults See attached Summary of Change Order No. 1 for additional details regarding the items included in the change order. If further information is desired beyond that attached, a more detailed breakdown of items in the change order is available at the office of the staff contact for the project. The status of the construction contract with Schuler Engineering is as follows: • The current contract is $9,049,346 and 730 calendar days starting June 2, 2008. • If approved, Change Order No. 1 adds $183,648.89 (a 2.03% cost increase) and 10 calendar days (a 1.37% time extension). • If approved, the revised construction contract amount is $9,232,994.89, and 740 calendar days. • If approved, Progress Payment No. 7 is $409,918.62 (4.5% of total contract amount less 10% retention of $40,991.86, for a net payment of $368,926.76 • If approved, total progress payments to date including retentions are $2,951,564.01 (32.6% of the total contract amount). • As of November 30, 2008, 182 calendar days were used (25% of the contract time). Staff and Carollo Engineers, the District's construction management consultant, reviewed the progress payment request, change order, and recommend payment and approval respectively. A copy of Progress Payment No. 7 and Change Order No. 1 are attached for your information. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors awarded a construction contract to Schuler Engineering on April 10, 2008 in the amount of $9,049,346 for construction of the project. On May 15, 2008, the Board approved execution of a Professional Service Agreement with Carollo Engineers in the amount of $605,856 for engineering support services, construction management and backup inspection services; a Professional Service Agreement with Leighton Consulting Engineers in the amount of $86,200 for geotechnical services, soils, concrete and materials testing; a Professional Service Agreement with BonTerra Consulting in the amount of $22,251 for environmental compliance services; and approved the construction budget in the amount of $11,200,000 for construction of the Highland Reservoir Replacement Project. The Board has approved six progress payments to date, the most recent of which was approved on November 12, 2008. STAFF RECOMMENDATION: Staff recommends the Board of Directors approve Progress Payment No. 7 in the net amount of $368,926.76 to Schuler Engineering Corporation and 10% retention of $40,991.86 deposited to Citizens Business Bank escrow account, and Change Order No. 1 for $282,102.89 for construction of the Highland Reservoir Replacement Project, Job No. 200309. COMMITTEE RECOMMENDATION: YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT Highland Reservoir PROGRESS PAY REQUEST NO. 7 LOCATION Yorba Linda PROJECT NO. ,1- PAGE 1 OF 1 PAGES 200309! CONTRACTOR Schuter Engineering DATE Nov. 30,2008 ORIGINAL CONTRACT AMOUNT: $ 9;040,348 AUTHORIZED CHANGE ORDERS $ REVISED CONTRACT AMOUNT: S 9,049,340 PROGRESS PAY ESTIMATE FOR PERIOD VALUE OFWORK'COMPLETED CHANGE ORDER WORK COMPLETED TOTAL VALUE OF WORK COMPLETED LESS RETENTION 1"0°% LESS OTHER DEDUCTIONS AMOUNT DUE THIS ESTIMATE LESS AMOUNT PREVIOUSLY-PAID BALANCE DUE THIS ESTIMATE November 1.2008 TO November 30, 2008 PREVIOUS TEAS MONTH TO DATE $ 2;541,845.391 S 409,918.62 $ 2;951,564.01 $ - IS - 3 2541.645.3'91 $ 4091918.6211 1851.564:01 $ 295.156.40 :S - $ 2,656,407.61 $ 2;287:480AS $ 3W,928.7.6 NOTICE TO PROCEED- June Z2008 COMPLETION TIME 730 CALENDAR DAYS APPROVED TIME EXTENSIONS CALENDAR DAYS TOTAL CONTRACT TIME 730 CALENDAR DAYS TIME EXPENDED TO DATE 182 CALENDAR DAYS TIME REMAINING 848 CALENDAR DAYS Ilk REQUESTED BY- C U ER ENGINES IR NGCDNTRACTO,R APPROVED 8Y: CAA)5LLO-OWNER°S- REPRESENTATIVE APPROVED BY: ' YLWD- OWNER DATE: //A (s1 f c/ DATE ! 7 DATE: +INCREASE CONTRACT f OR TIME EXTENSION - DECREASE IN OR -RE[IUCWN CONTRACT (DAYS) AMOUNT ($i -$8,121.81 0 days -$9,172.00 0 days -$3,308.00 0 days $14,424.00 2 days $143,763.00 7 days $19,274.00 1 days -$3,010.50 0 days $29,800.00 0 days NET CHANGE $183,648.89 10 days 7 REVISED CONTRACT AMOUNT AND TIME $9,232,894.89 7 40 days ~ 1 ~-zG-oy YORBA LINDA WATER DISTRICT CHANGE ORDER NO. 1 DATE 11126108 Page 1 of 2TM CONTRACT NAME: Highland Reservoir CONTRACT AMT.: ~ 9,049,348.00 DAYS: 7,30 Replacement CONTRACT NO.: J-200309 PREV. APPRVD. CHANGES: $ 0.00 DAYS: 0 CONTRACTOR: Schuler Engineering THIS CHANGE: $183,648.89 DAYS: 10 OWNER: Yea Linda Water District REVISED CONTRACT $9,232,994.89 DAYS: 740 This Change order covers changes to the subject contrail as described herein. The Contractor shall construct furnish equipment and mater>als. and perform' all wont as necessary or required to complete the Change Order items for a dump sum price agreed upon between the Contractor and Yorbs Linda Water District otherwise referred to as Owner. DESCRIPTION OF CHANGES COP 1`: Credit for Specification Section 01500 deletions and changes COP- 8: Credit for Class 11 Base on slopes COP 8: Credit for deletion of oiled sand under TT1 & 7172 COR 2: French drain at TT1 due to possible reservoir leak COR 3: potholing tie-in changes COR 8: SD lines near TT1 encasement COP 13: Geotechnical cost COP 15: Air relief valves @ Bypass & Meter vaults YORBA LINDA WATER DISTRICT CHANGE ORDER NO. DATE 11126108 Page 2 of 2 The amount of the contract wtit be increased by the sum of $ 181848.89 and the contract time shat! be increased by ten (101 calendar days. The undersigned Contractor approves the foregoing Change Order as to the changes, If any. in the contract price specitled for each item Induding any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of dame allowed, if any, for completion of the entire work on account of said Change Order. The Contractor agrees to fumisth all labor and materials and perform all other necessary work, Inclusive of Utah directly or Indirectly retated to the approved time extension, required to complete the Change Order Items. This document will beoomea supplement of the contract and all provisions wiltapplyhereto. it is understood 8nat the Change Ord& shall be effective wtien approved by the Owner. This change order constitutes Ul, final. and complete compensation to the contractor far all costs. expenses, overhead, profit and any damages of ever Idnd that the contractor may Incur in connection with the above referenced dianges in the work, including any impsof on .tine referenced "rk of any other work under the cw*g4 any changes in the sequences of any wok any delay to any work, any disruption of 'any work, any rescheduling of any vm k, end any,01her effect-on any of the wont under this contract- By the execution of the change order the contractor accepts the contrary price donge and the contract compfedw data change, if any, and expressly welves any daims for any ditional comp ationt, do 77 a extensions, In connection with the above"Iwe oed changes. RECOMMENDED: / Carollo DATE: r / Engineers f/ 2 C -Or ACCEPTED: APPROVED: i Schuler Engineering Water DisWCt DATE: --e' U .o DATE: f;;L Summary of Construction Change Order No. 1 Highland Reservoir Replacement Project COP 1: Credit for Specification Section 01500 deletion and changes ($8.121.61 credit) The contract documents require the contractor to provide computer and software credit, shared office trailer, and miscellaneous office equipment for use by construction management staff during construction. These were deleted from the requirements after award and a credit was provided by the contractor. COP 6: Replacement of Class II Base on Slopes ($9.172.00 credit) This is a substitution of Class II Base for Class II Permeable Base on the sloped portions of the foundation. It also requires the installation of filter/drainage fabric between the interface of the two base materials. COP 9: Credit for replacement of oiled sand under temporary tank-1 (TT 1) and temporary tank-2 (TT2) with crushed rock ($3.308.00 credit) The Contractor (Schuler) suggested that 6" layer of oiled sand under the two temporary tanks be replaced with layer of 3/4" crushed rock, which was approved by the design engineer (Carollo). COR 2: French Drain at TT1 due to possible reservoir leak ($14.424.00 added cost) A gravel and perforated-pipe drain was required around the west side of TT-1 due to the wet soil condition encountered approximately 5 feet outside of the tank pad, believed to be caused by leakage from the existing reservoir. District geotech engineer (Leighton) reviewed the existing condition and made the recommendation. COR 3: Pipeline Tie-in Changes ($143.763.00 added cost) Based on the District's as-built pipeline information, the District's project engineer, Carollo, designed the reservoir discharge pipeline to the 30" Zone 1 pipeline connection with a depressed section or "siphon condition" in order to make available the full storage volume of the new reservoir. This is a standard, long-utilized design, if gravity-flow cannot be provided. The drawback of this design is if the siphon-flow condition is lost due to air in the line, the remaining water in the tank below the elevation of the siphon could not be drawn out for use. In this unlikely event for the new Highland Reservoir, 3.6 feet of water, approximately 360,000 gallons, would be left unusable until the siphon condition was re-established. After construction started, the contractor potholed the connection point and found that the existing pipeline was lower than indicated in the District's as-built plans. Following consultation with District staff and the contractor, the District's project engineer evaluated the new information and recommended lowering about 150 feet of pipeline to make the outlet a full gravity-flow condition, eliminating the siphon. This will improve reliability for use of the full 6-MG volume of the'reservoir. COR 8: Storm drain Lines near Temnorarv Tank-1 (TT 1) ($19.274.00 added cost) This change is for concrete encasement of two storm drain lines near TT1 due to their close proximity to the temporary tank. No encasement was called out in the original plans. COP 13: Geotechnical Costs ($3.010.50 credit) Credit for geotechnical engineering service costs paid by the District which have been determined to be the responsibility of the contractor. The issue of responsibility for these costs for additional services has been resolved. COP 15: Air Relief Valves at bvnass and meter vaults ($29.800.00 added cost) Due to existing conditions in the field, alignment changes at the meter vaults and the re- alignments of the bypass piping was required at existing pipelines south of the reservoir. These changed conditions required the addition of air relief valves at high points and changes in the meter vaults. NOTE: Detailed cost breakdowns are available for review. I• YLWD SOURCE WATER SUMMARY Fiscal Year 2008-09 MONTH Jul-08 Aug-08 Sep-08 Oct-O8 Nov-08 Dec-08 Jan-09 Feb-09 Mar-09 Apr-09 May-09 Jun-09 FYTD GW AF IMPORT AF TOTAL DEMAND AF MONTHLY GW % YTD GW % BUDGET (Demand Est.) AF DELTA 1,535.2 1,170.0 2,705.2 56.7% 56.7% 3,005.5 -10.0% 1,610.9 1,112.0 2,722.9 59.2% 58.0% 2,954.5 -7.8% 1,481.3 974.4 2,455.7 60.3% 58.7% 2,597.9 -5.5% 1,473.7 916.6 2,390.3 61.7% 59.4% 2,190.4 9.1% 1,170.1 756.2 1,926.3 60.7% 59.6% 1,732.0 11.2% I I I I 1 1,553.71 1 1 1 1,349.91 1 1 1,299.01 1 I 1 1 1,528.21 1 I 1 1 1,910.31 1 1 1 2,547.0 1 Allowable GW (YTD) 6,330.6 (AF) CUP Obligation FY 2008-09 2,166.0 (AF) Monthly CUP Pumping (AF) 361.8 (AF) YTD CUP Pumping (AF) 1,690.7 (AF) YTD CUP Achieved 78.1% • GROUNDWATER PERCENTAGE 70.0% 65.0% 60.0% j 55.0% 50.0% 45.0% 40.0% . Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- 08 08 08 08 08 08 09 09 09 09 09 09 Month o MONTHLY GW {-YTD GW - BPP GOAL 52.0% --CUP ADJ GOAL 60.0% 0 WATER SUPPLY FY 2008-09 November 2008 Water Supply CUP 7 g_g~~n • IMPOR 39.3% IW .0% GW 6PP GOAL 52.0% Year To Date 2008-2009 Water Supply YTD CUP Achieved 78.1% of 2,166 AF Obligation GW 45.7% IMPOR' 40.4% GW BPP GOAL 52.0% 0 CUP 13.9% Total Water Use 3,500.0 - 3,000.0 - 2,500.0 - a, 2,000.0 ■ 08 -09 GW 1008-09 IMPORT ■ 07 -08 GW Q 1,500.0 ❑ 07 -08 IMPORT 1,000.0 500.0 - - - - -- - 0.0 oA o0 0A o� Month i • • • PM PROGRAM ITEM # �/ 2008/2009 Fiscal 2008/09 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN Percent of target 8% 1 17% 1 25% 33% 42 °/: 50% 58% 67% 75% 83% 92% 100% HYDRANTS (3,859) Target; all hydrants to be serviced annually. INSPECTED THIS MONTH 2201 556 392 192 65 INSPECTED THIS YEAR 220 776 1,168 1,360 1,425 % OF TOTAL 5.7%1 20.1% 30.3% 35.2%1 36.9% VALVES (10,00012= 5,000) Target; all valves to be operated every two years OPERATED THIS MONTH 329 4351 3401 5921 90 OPERATED THIS YEAR 329 7641 1,1041 1,696 1,786 % OF TOTAL 6.6% 15.3%1 22.1%1 33.9%1 35.71!, DEAD ENDS (487x2 =974) Target; all dead ends to be flushed twice each year. FLUSHED THIS MONTH 0 01 01 4871 0 FLUSHED THIS YEAR 0 0 0 487 487 % OF TOTAL 0.0% 0.0% 0%1 50% 50% AIR VACS (309) Target; all air /vacs to be serviced annually. INSPECTED THIS MONTH 21 110 15 5 3 INSPECTED THIS YEAR 21 131 146 151 1541 1 % OF TOTAL 6.4% 42.4% 47.3% 48.9% 49.8% SEWER CLEANING (802,560) Target; all sewers to be cleaned annually. CLEANED THIS MONTH 67,643 53,264 42,684 66,673 28,173 CLEANED THIS YEAR 67,643 120,907 163,591 230,264 258,437 % OF TOTAL 8.4% 15.1% 20.4% 28.7% SEWER TELEVISING all sewe rs to be televised every 5 years. TELEVISED THIS MO 684 16,52$ 6.174 ': 9.423 j(U1D�51jTargejt; TELEVISED THIS YEA . -22 39,1121 45,286 i 67,202 • • • 'Z PM PROGRAM ITEM 2008/2009 TO BE COMPLETED BY JUNE 30th 2009 EAST SIDE 2008 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Percent of target 6% 11% 17% 22% 28% 33% 38% 44% 50% 56% 61% 67% REPLACEMENT PROG. (2500) REPLACED THIS MONTH 57 1 721 271 ill 661 44 ? ?? REPLACED THIS YEAR 57 58 130 157 1681 278 % OF TOTAL 2% 2% 5% 6% 7% 9%1 11.10%1 1 2009 Percent of target REPLACED THIS MONTH REPLACED THIS YEAR % OF TOTAL JAN 72% FEB 78% MAR 83% APR 88% MAY 94% JUN 100% ? ?? Program suspended. • IN CONSTRUCTION • CAPITAL IMPROVEMENT PROJECTS STATUS REPORT Date: December 1, 2008 3 z 0 Project Current Status Next Actions Comments 1 Zone 4 Trans Pipeline, Reach 5 Pipeline complete and in Completion of punch - list Pipeline is in operation. However, Budget: $1,700,000 Job No. 200421 operation. The Contractor items, such as air- release project completion is subject to the Project Contact: Joe Polimino continues working on minor valves and valve cans, await developer (Shapell) finishing the Planned Completion Date: TBD punch list items. completion of road by road and parkway construction. developer. 2 Lakeview Res & Pump Station New reservoir is in operation. Backfill has commenced in the State Health Dept has raised Budget: $11,500,000 Job No. 200704 Contractor has removed old area where steel tanks used to questions regarding the CEQA Project Contact: Joe Polimino Bastanchury steel water tanks be. Retaining wall construction documentation completed for Planned Completion Date: 01 -11 -09 and has begun backfill in this work continues with footings project. Staff has submitted a area. Sealing roof of new where possible. response letter that no fin-ther reservoir. documentation is required per CEQA code and guidelines. 3 Highland Reservoir Yard piping 85% complete. Completion of yard piping, Piping tie -ins may result in minor Budget: $11,200,000 Job No. 200309 Temporary tanks are about electrical and instrumentation impacts on Zone 1 customers. Project Contact: Leon de los Reyes 90% structurally complete. system, and temporary tanks. Operations and Customer Service Planned Completion Date: June 2010 Electrical, communication and Connection of existing piping staff are working to address any instrumentation work is to new yard piping and impacts or concerns. Following currently making good temporary tanks is still completion of tie -ins, demolition of progress. scheduled for mid - December. the old reservoir should occur around mid- February 2009. State health inspector will look at the two temporary tanks prior to issuing a temporary operating permit. 4 Well Capacity Optimization Comparative cost quotes were Following Committee and Based on outcome of remedial work Budget: $1,000,000 Job No. 200813 obtained from two firms to Board approval, cleaning and on Well 12, type of remedial work Project Contact: Leon de los Reyes clean and test Well 12. Award testing of Well 12 will begin. proposed for Wells 1 and 5 will be Planned Completion Date: TBD recommendation will be made reviewed with District's consultant. to PEO Comm on Dec 6. 3 z 0 CAPITAL IMPROVEMENT PROJECTS STATUS REPORT Date: December 1, 2008 IN DESIGN Project Current Status Next Actions Comments 1 Zone 4C Reconfiguration A Class I Categorical Psomas to submit 100% plans The PRS addition to project would Budget: $2,070,000 Job No.200710 Exemption will be filed to and specs for pipeline work go out as a separate construction Project Contact: Joe Polimino meet CEQA guidelines. December 5 for review. Staff contract, in order to maintain the Planned Completion Date: 12 -19 -08 Psomas has prepared a will review proposal for PRS original construction completion proposal for San Antonio upgrades and submit Agenda date for the pipeline of Dec 2009. Pressure Reducing Station Report to the PEO with (PRS) upgrades and staff is recommendation. reviewing. 2 New Wells 20 & 21 A 2nd Microscopic Particulate The 3rd and 4 State - required Results of the 1St and 2"d MPA, and Budget: $2,000,000 Job No.200711 Analysis (MPA) at Well 11 MPA tests, with considerable current and historical well Project Contact: Leon de los Rios pursuant to State requirements water flow at the Santa Ana information will be sent to State Planned Completion Date: TBD and recommendation for new River and during a heavy Health for preliminary review. well was performed, and rainfall, will be timed with a indicated no surface -water forecasted storm later this Regarding new Well 21, staff has influence. This time, it's for storm season. had preliminary discussions with "full percolation basin" water other pumpers to the west, but more condition. discussions arc needed. 3 Hidden Hills Reservoir The Nov 15/16 fires destroyed An on -site meeting has been Awaiting response from State. Goal Budget: $6,400,000 Job No.200028 the vegetation on the proposed requested with State Parks staff is to obtain State approval to Project Contact: Steve Conklin project site and vicinity. to discuss steps to proceed with proceed with construction as soon Planned Completion Date: TBD Project. as possible. 4 OC -51 Connection Upgrade Completed application for Waiting for response from Design modifications to turnout will Budget: $242,000 Job No. 200815 upgrade and submitted to MET to schedule project be performed by MET staff to Project Contact: Steve Conklin MWDOC to forward to MET. meeting increase capacity from about 5 cfs Planned Completion Date: TBD I I I to a max of 20 cfs • • 5 Lakeview Sewer Lift Sta Upgrades Design complete. Right -of- Staff is investigating right -of- _ 1 Budget: $200,000 Job No. Ops. Project way issue delaying project. way alternatives. Feasibility study will be used to Project Contact: Lee Cory recommendation to proceed engineering feasibility study of determine proposed improvements, Planned Completion Date: TBD with Highland Booster Station options for Highland BPS budget and schedule for Highland IN PLANNING CAPITAL IMPROVEMENT PROJECTS APPROVED BY THE BOARD (2007 -2012) THAT ARE STILL PENDING 1. Anaheim Intertie Connection Improvements ($500,000) 2. Zone 5 (1000) Booster Station ($1,080,000) 3. Fairmont Booster Station Reconfiguration ($400,000) 4. Foxtail Drive Pipeline ($245,000) 5. Elk Mountain Reservoir Site Improvements ($300,000) 6. Fire Flow Improvements- -Via Sereno and Ohio ($125,000) M Project Current Status Next Actions Comments 1 Highland Booster Station Upgrade Board approved staff Staff completing RFP for Feasibility study will be used to Budget: $TBD Job No. 200817 recommendation to proceed engineering feasibility study of determine proposed improvements, Project Contact: Hank Samaripa with Highland Booster Station options for Highland BPS budget and schedule for Highland Planned Completion Date: TBD Upgrade Project Upgrade Project booster station upgrades. 2 Fairmont Site Improvements Reviewed S &S Construction Meet with S &S Construction to Scott Moulton is working on the Budget: $300,000 Job No. 200803 Co. cost est. internally and establish construction schedule formal agreement for cost sharing Project Contact: Hank Samaripa with Operations. Made final and sequence for construction. and project responsibilities for both Planned Completion Date: TBD recommendation for the parties. Design of Fairmont Site project. Improvements completed by S &S. 3 Irrigation Water Study Draft feasibility study has been Final report expected in early Conclusions of feasibility study and Budget: $TBD Job No. 200807 reviewed and returned to December. proposed next steps to be discussed Project Contact: Steve Conklin consultant to be finalized. with PEO Committee at January Planned Completion Date: TBD 2009 meeting. CAPITAL IMPROVEMENT PROJECTS APPROVED BY THE BOARD (2007 -2012) THAT ARE STILL PENDING 1. Anaheim Intertie Connection Improvements ($500,000) 2. Zone 5 (1000) Booster Station ($1,080,000) 3. Fairmont Booster Station Reconfiguration ($400,000) 4. Foxtail Drive Pipeline ($245,000) 5. Elk Mountain Reservoir Site Improvements ($300,000) 6. Fire Flow Improvements- -Via Sereno and Ohio ($125,000) M