HomeMy WebLinkAbout05-23-06 E&O Committee PacketOTAY WATER DISTRICT
ENGINEERING AND OPERATIONS COMMITTEE MEETING
and
SPECIAL MEETING OF THE BOARD OF DIRECTORS
2554 SWEETWATER SPRINGS BOULEVARD
SPRING VALLEY,CALIFORNIA
Board Room
Tuesday
May 23,2006
4:30 P.M .
.This is a District Committee meeting.This meeting is being posted as a special meeting
in order to comply with the Brown Act (Government Code Section §54954.2)in the event that
a quorum of the Board is present.Items will be deliberated,however,no formal board actions
will be taken at this meeting.The committee makes recommendations
to the full board for its consideration and formal action.
AGENDA
1.ROLL CALL
2.PUBLIC PARTICIPATION -OPPORTUNITY FOR MEMBERS OF THE PUBLIC
TO SPEAK TO THE BOARD ON ANY SUBJECT MATTER WITHIN THE
BOARD'S JURISDICTION BUT NOT AN ITEM ON TODAY'S AGENDA
INFORMATION /ACTION ITEMS
3.REIMBURSEMENT AGREEMENT WITH MCMILLIN (POSADA/CHARLES)[10
minutes]
4.AWARD A PROFESSIONAL ON-CALL ENVIRONMENTAL SERVICES CON-
TRACT TO MOONEY,JONES &STOKES FOR AN AMOUNT NOT TO EX-
CEED $100,000 FOR FISCAL YEAR 2007 (SCHOLL)[10 minutes]
5.CIP UPDATE REPORT FOR THE 3rd QUARTER OF FISCAL YEAR 2006 (RIP-
PERGER)[15 minutes]
6.ADJOURNMENT
BOARD MEMBERS ATTENDING:
Gary Croucher
Jose Lopez
1
All items appearing on this agenda,whether or not expressly listed for action,may be
deliberated and may be subject to action by the Board.
If you have any disability that would require accommodation in order to enable you to
participate in this meeting,please call the District Secretary at 670-2280 at least 24
hours prior to the meeting.
Certification of Posting
I certify that on May 19,2006,I posted a copy of the foregoing agenda near the
regular meeting place of the Board of Directors of Otay Water District,said time being at
least 24 hours in advance of the meeting of the Board of Directors (Government Code
Section §54954.2).
Executed at Spring Valley,California on May 19,2006.
2
AGENDA ITEM 3
TYPE MEETING:
SUBMITTED BY:
APPROVED BY:
(Chief)
APPROVED BY:
(Asst.GM):.
SUBJECT:
STAFF REPORT
Regular Board MEETING DATE:June 7,2006
David Charles ~W.O.lG.F.NO:8687 DIV.NO.4-.
Public Services Manager
Rod posada~~~o~_
Chief,Development Services
Manny Magana ,.4 ~~
Assistant General MAnag~,Engineering and Operations
Reimbursement Agreement with McMillin Rolling Hills Ranch,
LLC,as the successor in interest to the Reimbursement
Agreement between Otay Water District and Pacific Bay Homes
dated January 20,1998 (ClP No.W081,Proctor Valley Road
Reach 5).
GENERAL MANAGER'S RECOMMENDATIONS:
That the District's Board of Directors approve this request to
reimburse McMillin Rolling Hills,Ranch,LLC,as the successor in
interest (Pacific Bay Homes),for ClP No.W081 in the amount of
$298,192.13.
COMMITTEE ACTION:
Please see Attachment A.
PURPOSE:
To obtain Board authorization for the General Manager to
reimburse the McMillin Rolling Hills Ranch,LLC for work
completed and associated with ClP No.W081.At the January 20,
1998 Board Meeting,the Board authorized the General Manager to
enter into a Reimbursement Agreement with Pacific Bay Homes,for
the Proctor Valley Road Reach 5 Pipeline (ClP W081).McMillin
Rolling Hills Ranch,LLC succeeded to ownership of the
development.
ANALYSIS:
On January 20,1998,the Otay Water District (District)entered
into a Reimbursement Agreement with Pacific Bay Homes (the
"Reimbursement Agreement")for regional water facilities within
the Rolling Hills Ranch Development (formerly known as Salt
Creek Ranch).ClP project W081 was included within the Sub-Area
Master Plan (SAMP)dated April 1997,and subsequently included
in the Reimbursement Agreement.
McMillin Rolling Hills Ranch,LLC has acquired all interest in
property in the Rolling Hills Ranch Development from Pacific Bay
Homes.The Reimbursement Agreement provides that all rights and
obligations of the parties thereunder are vested and binding on
their successors in interest.
McMillin Rolling Hills Ranch,LLC submitted its reimbursement
request on March 15,2006,along with the necessary invoices
from the lowest responsive bidder for a total amount of
$395,192.10.After staff review,that amount was reduced to
$298,192.13.This project was listed in the District's five-
year ClP plans as well as on the approved SAMP dated April 1997.
Staff used the following methodology to evaluate the
reimbursement request submitted by McMillin Rolling Hills Ranch,
LLC.:
(a)prepared a quantity take-off.(see Attachment 1);
(b)compared quantities and prices against the
reimbursement requests (see Attachment 2).
After completion of the analysis,staff prepared a spreadsheet
to support its recommendation for reimbursement (see
Attachment 3).
After reviewing the budget for the ClP project included in
McMillin Rolling Hills Ranch,LLC request dated March 15,2006.
Staff compared with the budget for FY06-07 and found that this
project has sufficient funds to be reimbursed.
Staff is bringing this reimbursement request before the Board
for approval because of the time lapse between the approval of
the Reimbursement Agreement and the reimbursement request.
Staff recommends that the Board authorize the General Manager to
reimburse McMillin Rolling Hills Ranch,LLC in accordance with
Policy 26.
2
FISCAL IMPACT:
The approved 2006 budget for the Proctor Valley Reach 5 (CIP No.
P2081)is $452,000.The actual costs paid on this project,as
of May 18,2006,is $1,154.55.The projected final cost for
this project is $298,192.13.Based on the cost analysis
performed,staff does not anticipate that a budget increase is
necessary The remaining $152,653.32 in the budget will not be
spent and CIP will be closed.The unspent funds will remain in
the expansion reserves to be used for other projects.
Finance has determined that 100%of the funding is currently
available from the expansion fund.
STRATEGIC GOAL:
This project supports the District's Strategic Goal of
satisfying current and future potable and recycled water needs.
The pipelines will transmit potable and recycled water to
Central Area System market areas.
LEGAL IMPACT:
None.
DC/RP:vm
P,\WORKING\CIP W196\WO 8687\Staff Report\McMillin Reimburse Agmt (DC).doc
3
SUBJECT/PROJECT:
ATTACHMENT A
Proctor Valley Road Reach 5 Pipeline (CIP W081)
COMMITTEE ACTION:
On May 23,2006,the Engineering and Operations Committee met
and supported staff's recommendation.
NOTE:
The "Committee Action"is written in anticipation of the
Committee moving the item forward for board approval.This
report will be sent to the Board as a committee approved item,
or modified to reflect any discussion or changes as directed
from the committee prior to presentation to the full board.
QUANTITY TAKE·OFFS FOR
MCMILLIN REIMBURSEMENT AGREEMENT
CIP W2081
PROJECT:A 36"STEEL CML&C POTABLE WATER PIPLINE IN PVR FROM 3,000 FEET EAST OF HUNTE
PARKWAY EASTERLY 1,600 FEET
CONTRACTOR:CASS CONSTRUCTION
McMillin Staff
Description Requests Otay Quantity Recommendation
Main CMLC 36"1530 LF 1530LF 1530LF
Main 16"PVC CL 200 40 LF 40 LF 40 LF
Deduct:Main CMLC 36"(15)LF **
Add:Main CMLC 36"1 LS **
Water Pipe Misc-36"x16"Reducer 1 EA 1 EA 1 EA
Water Pipe Misc-36"x12"Reducer 1 EA **
Water Pipe Misc.-D.I.Spools 3EA **
Add:0.1.Spools 1 EA **
Add:Water Pipe Misc 1 EA **
Water Pipe Misc-36"Cross 1 EA **
Water Irrig Service 02"1 EA **
Water Fire Hydrant 2EA 2 EA 2 EA
9 Water Test Station OWD858 9EA 9EA 9EA
\_"~.'"Water Air Release Assbly 06"1 EA 1 EA 1 EA
Water Gate Valve 12"1 EA **
Water Butterfly Valve Misc 36"2EA 2 EA 2 EA
Water Butterfly Valve 16"1 EA 1 EA 1 EA
Water End Cap-36"wlTemp 6"BO 1 EA 1 EA 1 EA
Water End Cap-12"wlTemp2"BO 1 EA **
Water Final Adjust/Mise
Water Connect To Exist 36"1 EA 1 EA 1 EA
Water Connect To Exist 16"1 EA 1 EA 1 EA
Water Gate Valve Adjust 8EA **
preparedS+uik;pQ){-,Date:0)"(/rlofo
Mike Felley I
Engineering Technician III
'"Not a part of this agreement
)
P:\WORKING\C1P W081\WO 9543\C1P W081 PVR Reach 5 Take-ofts.xls 5/11/2006
PRICE VERIFICATION FOR
MCMILLIN REIMBURSEMENT AGREEMENT
CIP W2081
PROJECT:A 36"STEEL CML&C POTABLE WATER PIPLINE IN PVR FROM 3,000 FEET EAST OF HUNTE
PARKWAY EASTERLY 1,600 FEET
CONTRACTOR:CASS CONSTRUCTION
Description
Main CMLC 36"
Deduct:CO #999
Add:CO #2
Main 16"PVC CL 200
Water Pipe Misc-36"x16"
Reducer
Water Pipe Misc-36"x12"
Reducer
McMillin
Requests
$192,397.50
($1,886.25)
$9,766.69
$3,500.00
$5,400.00
$5,700.00
OtayVerification
$192,397.50
$3,500.00
$5,400.00
Comments
Doesn't include soft cost..
Doesn't include soft cost
Doesn't include soft cost
Water Pipe Misc-D.I.Spools $31,800.00
Add:CO #1 $10,600.00
Add:CO #3 $12,700.49
Water Pipe Misc-36"Cross $18,000.00
9 Water Irrig Service 02"$2,250.00
Water Fire Hydrant $8,300.00
Water Test Station OWD858 $13,500.00
WaterAirRelease Assbly
06"$4,175.00
Water Gate Valve 12"$1,575.00
Water Butterfly Valve Misc
36"$40,700.00
WaterButterfly Valve 16"$5,225.00
WaterEnd Cap-36"wlTemp
6"BO $3,325.00
Water End Cap-12"wlTemp
2"BO $1,875.00
Water FinalAdjust/Mise
WaterConnect To Exist 36"$3,700.00
Water Connect To 16"$3,770.00
$8,300.00
$13,500.00
$4,175.00
$40,700.00
$5,225.00
$3,325.00
$3,700.00
$3,770.00
Doesn't include soft cost
Doesn't includesoft cost
Doesn't include soft.cost
Doesn't include soft cost
Doesn't include soft cost
Doesn't include soft cost
Doesn't include soft cost
Doesn't include soft cost
Subtotal before Valve
Adjust $283,993 $283,993
ReviewedB~11..~~ft-fv"Date:AJ t 1./()rP\
Richard Shackley ~~~
Inspection Supervisor
.•Nota part of this agreement
P:IWORKINGICIP W0811WO 95431CIP WOB1 PVR Reach 5Take-otls.xls 04/17/2006
ATTACHMENT 3
REIMBURSEMENT SUMMARY SHEET -McMILLIN Rolling Hills Ranch,Proctor Valley Road Reach 5 (W2081)
McMillin Unit OWO Estimated Reimbursement Staffs Proposed
QTY.Cost McMillin Cost Soft Cost 5%McMillin Total Costs Amount per CIP Reimbursement
CIP WOS1
Main CMLC 36"1530 $125.75 $192,397.50 $9,619.88 $202,017.38 $202,017.38
Main 16"PVC CL 200 40 $87.50 $3,500.00 $175.00 $3,675.00 $3,675.00
Deduct CO #999:Main CMLC 36"(15)$125.75 ($1,886.25)($94.31)($1,980.56)*
Add CO #2:Main CMLC 36"1 $9,766.69 $9,766.69 $488.33 $10,255.02 *
Water Pipe Misc-36"x16"Reducer 1 $5,400.00 $5,400.00 $270.00 $5,670.00 $5,670.00
Water Pipe Misc-36"x12"Reducer 1 $5,700.00 $5,700.00 $285.00 $5,985.00 *
Water Pipe Misc.-D.I.Spools 3 $10,600.00 $31,800.00 $1,590.00 $33,390.00 *
Add CO #1:0.1.Spools 1 $10,600.00 $10,600.00 $530.00 $11,130.00 *
Add CO #3:Water Pipe Misc.1 $12,700.49 $12,700.49 $635.02 $13,335.51 *.
Water Pipe Misc-36"Cross 1 $18,000.00 $18,000.00 $900.00 $18,900.00 *
Water Irrig Service 02"1 $2,250.00 $2,250.00 $112.50 $2,362.50
Water Fire Hydrant 2 $4,150.00 $8,300.00 $415.00 $8,715.00 $8,715.00
Water Test Station OWD858 9 $1,500.00 $13,500.00 $675.00 $14,175.00 $14,175.00
Water Air Release Assbly 06"1 $4,175.00 $4,175.00 $208.75 $4,383.75 $4,383.75
Water Gate Valve 12"1 $1,575.00 $1,575.00 $78.75 $1,653.75 *
Water Butterfly Valve Mise 36"2 $20,350.00 $40,700.00 $2,035.00 $42,735.00 $42,735.00
Water Butterfly Valve 16"1 $5,225.00 $5,225.00 $261.25 $5,486.25 $5,486.25
Water End Cap-36"wrremp 6"BO 1 $3,325.00 $3,325.00 $166.25 $3,491.25 $3,491.25
Water End Cap-12"wrremp2"BO 1 $1,875.00 $1,875.00 $93.75 $1,968.75 *
WaterFinal Adjust/Mise
Water Connect To Exist 36"1 $3,700.00 $3,700.00 $185.00 $3,885.00 $3,885.00
Water Connect To Exist 16"1 $3,770.00 $3,770.00 $188.50 $3,958.50 $3,958.50
$283,993 $14,199.63 $395,192.10 $298,192.13
$395,192.10
Total Requested by MCMillin__-.;.$3,;;.;9;,,;;5.:.,,1;,,;;9,;;,2.;.;,1,;.,O
Recommended Reimbursement
McMillin is requesting Reimbursement
In the amount of:
.,•--.'1_'-,'!·.,.·l.v......:vl:r.....'-:".\~'-7-c-<~,..,·~.~~"'.v:l,··-·:·r~-."~._.__~
*Not a part of this agreement
P:\WORKING\CIP W081\WO 9543\CIP W081 PVR Reach 5 Take-offs.xls 5/18/2006
STAFF REPORT
AGENDA ITEM 4
TYPE MEETING:Regular Board MEETING DATE:June 7,2006
SUBMITTED BY:
APPROVED BY:
(Chief)
APPROVED BY:
(Ass!.8M):
SUBJECT:
Robert Scholl R.1xJ.ce1 PROJECT:P1253 -001000 DIV.NO.
Associate Civil Engineer
Rod poSada~~)D~'
Chief,Development Services,..,-...'.c_
Manny Magafi~h~
Assistant General Mana~r,Engineering and Operations
Award of Professional On-Call Environmental Services
Contract,Fiscal Year 2007
N/A
GENERAL MANAGER'S RECOMMENDATION:
That the Board authorize the General Manager to enter into an
agreement for professional on-call environmental services with
Mooney,Jones,&Stokes for an amount not to exceed $100,000
during Fiscal Year 2007.This is an optional extension of the
Fiscal Year 2006 on-call services contract.
COMMITTEE ACTION:
Please see Attachment A;
PURPOSE:
To obtain Board authorization for the award of a professional
on-call environmental services contract to Mooney,Jones &
Stokes for an amount not to exceed $100,000 during Fiscal
Year 2007 (see Attachment B).This is an optional extension of
the Fiscal Year 2006 on-call services contract.
ANALYSIS:
The District often requires the expertise of environmental
consultants for small tasks on its Capital Improvement Projects.
These tasks typically are valued between $1,000 and $20,000 and,
as such,they are small enough that formal proposals from
consultants are not feasible.Because of this,the District
began using an on-call environmental consultant during Fiscal
Year 2006 to perform such tasks.
The Fiscal Year 2006 on-call consultant,Mooney,Jones &Stokes,
has taken-on several tasks throughout the year.These tasks are
listed below:
1)Revegetation Monitoring
and Maintenance Services
for the 1004-2 Reservoir
3)Section 106 Compliance
Services for the
Recycled Water Line
Project
$9,111
$28,329
50%complete,50%to
be carried~over to
FY 2007
Completion expected
by the end of FY
2006
5)CEQA Review for the
Jamul Pipeline Project $699
Completion expected
by the end of FY
2006
7)Environrnental Review for
the 1-905 Relocation
Project
$1,191
Completion expected
by the end of FY
2006
9)CEQA Review for the
RWCWRF Force Main
Improvement Project
$14,730
10%complete,9Q%to
be carried-over to
FY 2007
TOTAL:$81,752
A similar workload for the on-call consultant is anticipated for
Fiscal Year 2007.In addition,the on-call consultant will be
completing those projects that were commenced and extended
2
beyond Fiscal Year 2006.Therefore,staff believes that a
$100,000 cap on the on-call services contract is appropriate.
The staff report for award of the Fiscal Year 2006 on-call
services contract stated that this would be a one-year contract
not to exceed $100,000 for all task orders.The District would
have the option to extend this agreement an additional year if
it concluded that the on-call consultant had performed
effectively.Staff believes that Mooney,Jones &Stokes has
indeed performed effectively and therefore recommends exercising
this option.
This on-call services contract does not commit the District to
any expenditures until a task order is approved to perform work
on a Capital Improvement Project.The District does not
guarantee work to the on~call consultant,nor does the District
guarantee that it will utilize the entire $100,000 budgeted for
this contract.
Staff recommends the award of an on-call services contract to
Mooney,Jones,&Stokes for a not-to-exceed amount of $100,000
during Fiscal Year 2007.
FISCAL IMPACT,~
/..---7
The funds for this contract will be expended during FY 2007 from
various Capital Improvement Projects and have been budgeted
within these projects.This contract is for on-call services
only and does not commit the District to any expenditures until
a task order is approved for the on-call consultant to perform
work on a project.
STRATEGIC GOAL:
This project supports the District's strategic goal of creating
a comprehensive environmental program that is proactive in
response to environmental compliance.
LEGAL IMPACT:
None.
3
Ge~
Attachments
RS/RP:vm
P,\WORKING\Rob\On-Call Consultant\2006-2007 Contract\BD 06-07-06,2006-07 On-Call Contract (RS).doc
4
•H _,•••••__••,••••••••••__•••••••••~•••,._••••••_~•••••_••••••_~•••"•••__!
ATTACHMENT A
r··sUBjEcTjp·RojECi:·rA~·~~d··of·····p;::oie·s·sion~i···on·=·caii·Envi~·on~enta-i-se·~vTce s
i I Contract,Fiscal Year 2007 (P1253)
..........................................................1..._.....
COMMITTEE ACTION:
On May 23,2006,the Engineering and Operations Committee met
and supported staff's recommendation.
NOTE:
The ~Committee Action"is written in anticipation of the
Committee moving the item forward for board approval.This
report will be sent to the Board as a committee approved item,
or modified to reflect any discussion or changes as directed
from the committee prior to presentation to the full board.
·····..···--···1
ATTACHMENTB
AGREEMENT FOR PROFESSIONAL ENVIRONMENTAL SERVICES BETWEEN
OTAY WATER DISTRICT
AND
JONES &STOKES ASSOCIATES
FOR THE
FISCAL YEAR 2007 ON-CALL ENVIRONMENTAL SERVICES CONTRACT
(CIP P1253-001000 -W.O.No.8014)
This Agreement (Agreement)is made and entered into this __day ofJune, 2006 by and
between the OTAY WATER DISTRICT,a municipal water district,formed and existing pursuant
to California Municipal Water District Act of1911,as amended,hereinafter referred to as
"DISTRICT,"and Jones &Stokes Associates,hereinafter referred to as "CONSULTANT."
WITNESSETH
WHEREAS,the DISTRICT requires the services ofan environmental consultant to render
certain technical and professional services described below;and
WHEREAS,the CONSULTANT has available,and offers to provide, personnel and
facilities necessary to accomplish the work within the required time.
NOW,THEREFORE,DISTRICT AND CONSULTANT agree as follows:
I.Scope of Environmental Services
The CONSULTANT agrees to perform those services described in the scope ofwork set
forth in Exhibit 'A'attached hereto and incorporated herein by this reference.The scope of
consulting services shall include meetings with District staff and review ofprevious technical
documentation.
II.Authorization
General authorization to proceed with the work described in Exhibit 'A'is hereby granted
upon full execution ofthe Agreement.However,CONSULTANT shall not proceed with any work
described in Exhibit 'A'until the receipt ofa requestfor specific services or "work order"from the
District's Designated Agent.Upon receipt ofsuch a request for specific services,CONSULTANT
shall provide the the District's Designated Agent with an estimated budget for the requested services
and an estimated time for completion.The District's Designated Agent shall then provide the
CONSULTANT with authorization to proceed.No work shall be commenced until the
CONSULTANT receives the authorization to proceed.
III.Compensation
In return for providing the services described in Exhibit 'A',which are to be performed by
the CONSULTANT,the DISTRICT agrees to pay,and the CONSULTANT agrees to accept,
compensation for all executed service requests up to an mount not-to-exceed ONE HUNDRED
- 1 -
THOUSAND DOLLARS ($100,000.00),payable as agreed to by the parties per service request.
Total compensation for all Professional Services provided under this agreement shall not exceed
ONE HUNDRED THOUSAND DOLLARS ($100,000.00)during the term ofthis agreement
without prior written authorization from the DISTRICT.
The CONSULTANT shall invoice the DISTRICT on a monthly schedule in the format
shown in Exhibits 'B'and 'C'.The CONSULTANT shall not invoice the DISTRICT for work that
has not been completed at the time the invoice is prepared.The DISTRICT shall have forty-five (45)
days from the date ofreceipt oferror-free invoices prepared in accordance with Exhibits 'B'and 'c'
to make payment without incurring interest and/or penalty charges.
IV.Standard ofCare
The CONSULTANT is employed to render environmental consultant services only,and any
payment made to the CONSULTANT is compensation solely for such services as the
CONSULTANT may render and recommendations the CONSULTANT may make.The
CONSULTANT'S services shall be furnished in accordance with generally accepted environmental
consultant principles and practices.
V.Documents
All original drawings,spreadsheets and documents,including digital photographs and files
developed for the project,shall,upon payment in full for the services described in this Agreement,
be furnished to and become the property ofthe DISTRICT,except as otherwise provided in Section
VIII:Termination or Abandonment.
The CONSULTANT shall provide final documents on high-density media such as ZIP®
disk 100/250 MB or compact disk (CD).Final drawings and details shall be in AutoCAD®2000
format.Final Contract Specifications,reports,and spreadsheets shall be in Microsoft®Office 2000
format.Any other electronic format documents provided to the DISTRICT must be formatted to the
same software version or release as that ofthe DISTRICT.
VI.Performance and Schedule
The CONSULTANT agrees to coordinate project work to ensure its timely completion and
shall promptly notify the DISTRICT ofany anticipated delays,which may affect the work schedule.
In the event the time for completing the scope ofwork is exceeded due to circumstances beyond the
control of the CONSULTANT,the CONSULTANT shall have an additional amount oftime to be
agreed upon in writing between the parties in which to complete the work.
VII.Change in Scope of Work
Work under this On-Call Environmental Services is to be performed on a work order basis
and shall be pre-approved by the DISTRICT.Each work order shall specify the services requested,
the time for performance and an estimated cost for such services.Ifthe services requested require a
change,addition or modification,such change,addition or modification shall require prior approval
ofthe DISTRICT.In the event that the services requested are outside ofthe Scope of Work
specified in Exhibit 'A',CONSULTANT shall bring it to the attention ofthe DISTRICT
immediately,and no such work shall be done prior to obtaining written approval from the
DISTRICT.
- 2 -
Ifthe DISTRICT changes the Scope ofWork,or ifchanges in regulations after execution of
this Agreement necessitate changes in the Scope ofWork,or ifthe CONSULTANT is requested to
perform services not detailed in the Scope ofWork,the parties shall execute an amendment to
Exhibit 'A',Scope of Work.
All work performed without proper authorization shall be considered part ofthis Agreement
for no additional compensation.
VIII.Termination or Abandonment
Ten (l0)calendar days from the date ofa written notice to terminate,the DISTRICT has the
right to terminate or abandon all or any portion ofa work order.The District is under no obligation
to require all the services described under the Scope ofWork and shall be able to select only those
services needed from time to time,as provided in each work order.In the event that the District
abandons or terminates any services requested as provided hereunder,the DISTRICT will have the
right to take possession and shall own immediately all original specifications,drawings,and other
documents developed for that portion ofthe work completed and/or being abandoned.The
DISTRICT will pay the CONSULTANT for services for any portion ofthe work being terminated
which were rendered prior to termination.Ifsaid termination occurs prior to completion ofany task
ofthe project for which a payment request has not been received,the fee for service performed
during such task shall be based on an amount mutually agreed to by the DISTRICT and the
CONSULTANT for the portion ofsuch task completed but not paid prior to said termination.The
DISTRICT will not be liable for any costs other than the fees or portions thereof,which are
specified herein.Ifall work is abandoned as herein provided,this Agreement shall automatically
terminate on the 10th day from the date ofnotice.
IX.Indemnification
A.CONSULTANT agrees to the following:
1.Indemnification for Professional Services.CONSULTANT will save harmless
and indemnify and,at DISTRICT's request,defend DISTRICT and all its
officers,volunteers,employees,and representatives from and against suits,
actions,or claims brought for,or on account of,injuries or damages sustained by
any person or property directly resulting from a negligent or wrongful act,error
or omission by CONSULTANT or any of CONSULTANT's officers,agents,
employees,or representatives,in the performance ofthis Agreement.
2.Indemnification for other Damages.CONSULTANT indemnifies and holds
DISTRICT harmless from and against a claim,action,damages,costs (including
reasonable attorney's fees),injuries,or liability,directly resulting from this
Agreement,for its negligent performance.Should DISTRICT be named in a suit,
or should a claim be brought against it by suit or otherwise,directly resulting out
ofthis Agreement,for the CONSULTANT's negligent performance,
CONSULTANT will defend DISTRICT (at DISTRICT's request and with counsel
satisfactory to DISTRICT)and will indemnify DISTRICT for anyjudgment
rendered against it or any sums paid out in settlement or otherwise.
(
B.For purpose ofthis section "DISTRICT"includes DISTRICT's officers,officials,
employees,agents,representatives,and certified volunteers.
- 3 -
C.It is expressly understood and agreed that the foregoing provisions will survive
termination ofthis Agreement.
D.The requirements as to the types and limits ofinsurance coverage to be maintained
by CONSULTANT as required by this Agreement and any approval ofsaid insurance
by DISTRICT,are not intended to and will not in any manner limit or qualify the
liabilities and obligations otherwise assumed by CONSULTANT pursuant to this
Agreement,including,without limitation,to the provisions concerning
indemnification.
X.Insurance Requirements
A.Before commencing performance under this Agreement,and at all other times this
Agreement is effective,CONSULTANT will procure and maintain the following types
ofinsurance with coverage limits complying,at a minimum,with the limits set forth
below:
Type of Insurance
Commercial general liability
Professional liability
Business automobile liability
Workers compensation
Limits (combined single)
$1,000,000
$1,000,000
$1,000,000
Statutory requirement
B.Commercial general liability insurance will meet or exceed the requirements ofISO-
CGL Form No.CG 12 10 11 97.The amount ofinsurance set forth above will be a
combined single limit per occurrence for bodily injury,personal injury,and property
damage for the policy coverage.Liability policies will be endorsed to name
DISTRICT,its officials,and employees as "additional insureds"under said insurance
coverage and to state that such insurance will be deemed "primary"such that any other
insurance that may be carried byDISTRICT will be excess thereto.Such insurance
will be on an "occurrence"basis,except professional liability shall be on a "claims
made"basis,and will not be cancelable or subject to reduction except upon a thirty-
(30)day prior written notice to DISTRICT.
C.Automobile coverage will be written on ISO Business Auto Coverage Form
CA 00 01 10 01,including symbol 1 (Any Auto).
D.·CONSULTANT will furnish to DISTRICT duly authenticated Certificates ofInsurance
and Endorsements evidencing maintenance ofthe insurance required under this
Agreement and such other evidence of insurance as may be reasonably required by
DISTRICT from time to time.Insurance must be placed with insurers with a current
A.M.Best Company Rating equivalent to at least a Rating of "A:VII."Originals of
the duly authenticated Certificates ofInsurance and Endorsements shall be included
with this Agreement as Exhibit D.
- 4 -
XI.Successors and Assigns
This Agreement and all ofthe tenns,conditions,and provisions hereof shall inure to the
benefit ofand be binding upon the parties hereto,and their respective successors and assigns;
provided,however,that no assignment ofthis Agreement shall be made without written consent of
the parties to this Agreement.Any attempt by the CONSULTANT to assign or otherwise transfer
any interest in this Agreement without the prior written consent ofthe DISTRICT shall be void.
Since the primary consideration ofthe DISTRICT in entering this agreement is the qualifications of
the CONSULTANT,as opposed to a low bid,the DISTRICT will refuse to consent to assignments
ifit considers the assignee to have lesser qualifications.Any notice or instrument required to be
given or delivered by this Agreement may be given or delivered by depositing the same in any
United States Post Office,registered or certified,postage prepaid,addressed to:
DISTRICT:
Otay Water District
2554 Sweetwater Springs Boulevard
Spring Valley,California 91978-2004
Attention:Mark Watton·
and shall be effective upon date ofmailing.
CONSULTANT:
Mooney,Jones &Stokes
9903 Businesspark Avenue
San Diego,CA 92131
Attention:Brian Mooney,AICP
XII.Project Organization
The CONSULTANT proposes to assign Ted N.Lee as the Project Manager.The Project
Manager shall not be removed from the project or reassigned without prior approval ofthe
DISTRICT,which approval shall not be unreasonably withheld.No subcontracting ofsignificant
portions ofthe contracted environmental services shall be made without prior approval ofthe
DISTRICT.
XIII.Integration
This Agreement and the attached Exhibits represent the entire understanding by and between
the DISTRICT and the CONSULTANT as to those matters contained herein.No prior oral or
written understanding shall be ofany force or effect with respect to those matters covered
hereunder.This Agreement may not be modified or altered except in writing signed by both parties
hereto.
- 5 -
XIV.Execution
JONES &STOKES ASSOCIATES
Brian Mooney,Managing Principal
OTAY WATER DISTRICT
Mark Watton,General Manager
APPROVED AS TO FORM
Yuri Calderon,General Council
COPIES:0 FILE (Orig.),0 CONSULTANT,0 PROJECT MANAGER.,0 ACCOUNTS PAYABLE
P:\WORKING\Rob\On-CaII ConsuItant\2006-2007 Contract\On-CalI Services Agreement.doc
- 6 -
EXHIBIT A
SCOPE OF SERVICES
On-Call Environ'mental Services Contract
CIP No.P1253-001000
Work Order No.8014
SCOPE OF REQUIRED SERVICES
The scope of services listed below is intended to describe the typical services that may be requested
of the as-needed consultant.The services listed are not all-inclusive,but rather represent those
normally expected during the performance ofthe contract.Specifically,the selected consultant shall
have the ability to perform the following:
1.Prepare environmental documents such as Environmental Assessments,Notices of
Exemption,Initial Studies,Negative Declarations and Mitigated Negative Declarations,as
required byNEPA and CEQA.
2.Prepare,print,publish,and/or mail Notices of Intent,Notices of Preparation,Notices of
Completion,Notices of Determination,and any other notices required by NEPA and CEQA
during and after environmental document preparation.
3.Prepare responses to comments on Environmental Assessment,Notice ofExemption,Initial
Study,Negative Declaration and Mitigated Negative Declaration documents.
4.Prepare permit applications as required by NEPA,CEQA,CWA,and FESA.
5.Prepare storm water pollution prevention plans for construction projects.
6.Prepare storm water discharge permit applications and pollution prevention plans.
7.Prepare archaeology and paleontology surveys (including preparation ofmonitoring plans).
8.Conduct land use compatibility studies.
9.Conduct environmental baseline surveys and biological monitoring (including preparation of
mitigation,monitoring and reporting plans and reports)
10.Conduct hazardous and toxic material/waste site investigations and assessments.
11.Conduct sampling and analysis ofhazardous material/waste (including data validation).
12.Asbestos and lead-based paint sampling and report preparation.
The District's intent is to have environmental services available on an as-needed basis.However,
work orders under this contract mayor may not require the full level of work as outlined in this
section.Further,it is not known how many projects will be undertaken over the term of the
agreement;therefore,work mayormay not be available for the selected firm.
DELIVERABLES
All deliverables shall be in:
1.All electronic digital drawings/design files shall be delivered in AutoCAD 2000 format.
2.All electronic text document deliverables shall be in the Microsoft Office platform (Word,
Excel,PowerPoint,Project,etc.)version 2000 or higher.
3.All Geographical Information System (GIS)files shall be delivered in ArcView Shapefile
format (.shp).'
4.All horizontal data (X,Y coordinates)shall be delivered using the California Stateplane
Coordinate System (NAD 83,Zone VI,feet).
5.All vertical data (Z coordinates)shall be delivered using the North American Vertical Datum
of 1988 (NAVD 88).
6.Specification -all specifications shall be in Construction Specification Institute (CSI)format
and in conformance with District's Standard Specifications.
- 8 -
EXHIBIT B
Mooney,Jones &Stokes
9903 Businesspark Avenue
San Diego,California 92131
INVOICE SUBMITTED TO:DATE OF INVOICE:
Accounts Payable
Otay Water District INVOICE NO.
2554 Sweetwater Springs Boulevard
Spring Valley,CA 91978-2004
JOB DESCRIPTION:AUTHORIZATION:
istrict and Sheets D7
$40,000.00
$250.00
$1,350.00
$41,600.00
Original Fee Amount Authon
Change Order No.1 Amount Authorized
Change Order No.2 Amount Authorized
Total Fee Amount Authorized
Prepared Initial Study,Ne
through DI0.
DESCRIPTION OF SERVICES
PROJECT NAME:On-Call Environmental Services Purchase Order Number:
Contract
Otay Project Manager:Robert Scholl Work Order Number:8014
Capital Improvement Project No:p1253-001000 Consultant Proj ect Number:
Amount ofThis Invoice
Amount Previously Invoiced
Total Amount Invoiced to Date
$5,433.00
$32,456.00
$37,889.00
Amount Previously Paid
Authorized Fee Amount Remaining
Percent Complete
$32,456.00
$3,711.00
91%
CONTRACTED DATE OF PROJECT COMPLETION:June 30,2006
Invoice has been reviewed and found correct.
Ted Lee,Project Manager
EXHIBIT C
Otay Water District On-Call Environmental Services Contract
5/10/96 WO 8014/CIP P2253-001000
DESCRIPTION THIS INVOICE INVOICED CONTRACT TOTAL %
HRS/$'s RATE AMOUNT I TO DATE AMOUNT I BILLED COMPLETEI
PROJECT TOTAL $5,763.35 $20,884.30 $46,500.00 45%37%
TASK 1-Project Management and Administration $3,955.25 $15,420.90 $20,600.00 75%88%
Sub-Task 1.1 Data Acquisition $951.00 $2,944.00 $3,000.00 98%100%
Project Manager Smith 16.0 hr 41.00 $/hr $656.00
Drafter Williams 5.0 hr 35.00 $/hr $175.00
Secretary Allred 6.0 hr 20.00 $/hr $120.00
Sub-Task 1.2 Report Preparation $931.50 $8,865.00 $13,000.00 68%75%
Principle James 2.5 hr 95.00 $/hr $237.50
Project Manager Smith 4.0 hr 41.00 $/hr $164.00
Drafter Williams 14.0 hr 35.00 $/hr $490.00
Secretary Allred 2.0 hr 20.00 $/hr $40.00
Direct Expenses $1,884.50 $2,431.00 $3,000.00 81% 81%
Reproduction $17.50 10%$19.25
Subconsultant #1 B&K $610.00 5%$640.50
Subconsultant #2 CEW $1000.00 5%$1,050.00
TASK 2-Review Existing Documentation &Related Proj.Info.$1,808.10 $5,463.40 $15,700.00 35%22%
Sub-Task 2.1 $951.00 $2,944.00 $12,000.00 25%22%
Project Manager Smith 16.0 hr 41.00 $/hr $656.00
Drafter .Williams 5.0 hr 35.00 $/hr $175.00
Secretary Allred 6.0 hr 20.00 $/hr $120.00
Direct Expenses
Reproduction
Subconsultant #2 CEW
$120.00
$600.00
10%
5%
$762.00 $2,225.00
$132.00
$630.00
$2,500.00 89%89%
Note:1)Consultant to edit,update,and add lines as necessary.
2)Rates shown above are to remain in effect throughout the life of the contract
EXHIBIT 0
(Consultant's Insurance Certificate)
5TAFF REPORT
AGENDA ITEM 5
TYPE MEETING:Regular Board MEETING DATE:June 7,2006
Qtr eIP Report
SUBMITTED BY:
APPROVED BY:
(Chief)
APPROVED BY:
(Ass!.GM):
SUBJECT:
Mehdi Arbabian
Mehdi Arbabian~4?,t;I
Manny Magafia~~zr~
Informational Item -FY 2006 3rd
PROJECT:P2210 DIV.NO.ALL
GENERAL MANAGER'S RECOMMENDATION:
That the Board accept the FY 2006 Third Quarter eIP Report for
review and receive a summary via PowerPoint presentation.
COMMITTEE ACTION:
Please see Attachment A.
PURPOSE:
To update the Board about the status of all eIP project
expenditure highlights,significant issues,progress,and
milestones on major projects.
ANALYSIS:
To keep up with growth and to meet our ratepayers'expectations
to adequately deliver safe,reliable,cost-effective,and
quality water,each year Otay WD staff prepares a six-year
rolling eIP that identifies the Otay WD infrastructure needs.
The eIP is comprised of four (4)categories consisting of
backbone capital facilities,maintenance projects,developer's
reimbursement projects,and capital purchases.
The quarterly update is intended to provide a detailed analysis
of progress in completing these projects within the allotted
time and budget.Staff continues to strive to achieve the
targeted goal of 70 to 80%of the total fiscal year budget
amount.Overall expenditures in the 3~Qtr totaled $24.5
Million,which is 91%of our forecast expenditure.
FISCAL IMPACT:
None.
STRATEGIC GOAL:
The CIP supports the mission of providing the best quality of
water and wastewater service to the customers of the Otay Water
District in a professional,effective,efficient,and sensitive
manner,in all aspects of operation,so that public health,
environment,and quality of life are enhanced.
LEGAL IMPACT:
None.
MA
P:\ENGRSEC\REPORTS\ClP Qtrly Report\2006\3Q Update\BD 6-07-06,FY 2006 3rd Qtr ClP Report.doc
2
fSUSJECfjpROJECT:
ATTACHMENT A
m ·m...............................a.··········.m..m..
Informational Item -FY 2006 3r Qtr CIP Report
(Project P2210)
.......,j
..............................................................................................................,".J
COMMITTEE ACTION:
The Engineering and Operations Committee met to consider this
item on May 23.The Committees received the information and
recommended to be heard by the Full Board.
NOTE:
The "Committee Action"is written in anticipation of the
Committee moving the item forward for board approval.This
report will be sent to the Board as a committee approved item,
or modified to reflect any discussion or changes as directed
from the committee prior to presentation to the full board.