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07-0320_PACIFIC HYDROTECH CORPORATION_Transmittal to OC Recorder32400 PASEO AIDELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 4193-1171 (949) 493-1053 FAX WWW sanjuanCapistranO.Org October 27, 2008 Clerk -Recorder's Office County of Orange P.O. Box. 238 Santa Ana, California 92701 Re: Document for Recordin — Notice of Completion Cooks Reservoir Replacement Project — Pacific „Nydrotech, Inc. SENT VIA CERTIFIED MAIL The noted document is enclosed for recording: When placed of record, please return the recorded documents to this office. Thank you for your assistance. Velrlt u,l' ours, I /v Nlari � i�s Deputy City Clerk(y San Juan Capistranw Preserving the Past to Enhance the ,Future Printed on 100% recycled paper ii MEMBERS OF THE CITY COUNCIL SAM ALLEVATO REWORKED THOMAS W. HRIBAR MARK NIELSEN 1776 JOE SOTO DR. LONDRES CISO Re: Document for Recordin — Notice of Completion Cooks Reservoir Replacement Project — Pacific „Nydrotech, Inc. SENT VIA CERTIFIED MAIL The noted document is enclosed for recording: When placed of record, please return the recorded documents to this office. Thank you for your assistance. Velrlt u,l' ours, I /v Nlari � i�s Deputy City Clerk(y San Juan Capistranw Preserving the Past to Enhance the ,Future Printed on 100% recycled paper RESOLUTION NO. 08-10-21-04 _ A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE COOKS RESERVOIR REPLACEMENT PROJECT (CIP #769) (PACIFIC HYDROTECH CORPORATION, INC.) WHEREAS, on the 23rd day of March, 2007, the City of San Juan Capistrano entered into a contract with Pacific Hydrotech Corporation, Inc, for construction of the Cooks Reservoir Replacement Project (CIP #769); and, WHEREAS, the Engineer has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, BE IT RESOLVED, by the City of San Juan Capistrano as follows: SECTION 1. That the work required to be performed by said Contractor has been completed. SECTION 2. That the total cost of said work is in the amount of $3,140,752.73. SECTION 3. That the work is hereby accepted and approved. SECTION 4. That the City Clerk is directed to forthwith forward a "Notice of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this 215t day of October, 2008. JOE OTO MAYOR Page 1 of 1 10-21-2008 STATE OF CALIFORNIA } COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 08-10-21-04 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 21't day of October 2008, by the following vote: AYES.-- OUNCIL MEMBERS: NOES: OUNCIL MEMBER: REOUS OUNCIL MEMBER: fr 1 1 1 F. MARGARI T/R. M0NA1HAN-,-4dtvCle Allevato, Hribar, Uso, Nielsen and Mayor Soto None 1 10/21/2008 AGENDA REPORT D15 TO: Dave Adams, City Manager FROM: John O'Donnell, Utilities Director SUBJECT: Consideration of Change Order No. 3 and Notice of Completion for the Cooks Reservoir Replacement Project (CIP# 769) (Pacific Hydrotech, Inc.) City Council Priority No. 24B RECOMMENDATION: By motion: 1. Approve Change Order No. 3 in the amount of $21,775.02; and, 2. Adopt a resolution approving a Notice of Completion for the Cooks Reservoir Replacement Project; and, 3. Direct the City Clerk to process recording of the notice; and, 4. Authorize staff to release the retention in the amount of $314,075.27, thirty-five days after recordation. SITUATION: On March 23, 2007, City Council awarded a contract in the amount of $3,080,250 to Pacific Hydrotech Corporation, Inc. for the construction of the Cooks Reservoir Replacement Project. Construction commenced on May 14, 2007, after bonds and insurance were secured for the project. Pacific Hydrotech has performed their operations in an admirable manner. Work on the project was substantially completed on June 21, 2003. The City received approval from the State Department of Health Services to put the reservoir into service on July 25, 2008. Staff recommends that the City Council adopt a Resolution (Attachment 3) approving the issuance of a Notice of Completion (Attachment 2) for this project. During the prosecution of work, the contractor ran into changed conditions which required that additional time and materials be utilized to properly construct the project. Pacific Hydrotech, Inc. has submitted Change Order Requests in the amount of $60,502.73 to cover these changed conditions. This represents a 2% increase to the project as a whole and well within the $182,937 project contingency approved by City Council at the time of award. Change Orders No. 1 and 2 were previously approved by City Council. Change Order No. 3, in the amount of $21,775.02, represents the final AGENDA REPORT October 21, 2008 Pape 2 cost change. Please see Change Order No. 3, (Attachment 1) for a breakdown of these charges. Staff recommends approval of Change Order No. 3. The Cooks Reservoir provides an important water system function, providing storage for the 250 zone. Construction of this facility will save the City significant pumping costs and reduce the use of the Del Obispo interconnect to meet system needs. NOTIFICATION: Pacific Hydrotech, Inc. Tetra Tech, Inc. RBF Consulting, Inc. COMMISSIONIBOARD REVIEW RECOMMENDATIONS: The Water Advisory Commission was briefed regarding this item at their meeting of September 23, 2008. FINANCIAL CONSIDERATIONS: City Council, at their March 20, 2007, meeting, approved a project budget of $3,841,675 for the Cooks Reservoir Replacement Project. Approval of the recommended $21,775.02 for Change Order No. 3 is within the total project budget. The final total costs for the project are within the approved budget: Design (RBF Consultants) Supplemental Geotechnical Study (LSA) Construction Management(Tetra Tech) Construction Management Amendment Estimated Staff Time Construction Contract (Pacific Hydrotech) Change Orders No.1., 2 and 3 Construction Contingency Total Costs Approved Actual Costs $ 240,588 $ 240,588.00 $ 14,500 $ 6,906.00 $ 298,400 $ 298,400.00 $ $ 41,625.00 $ 25,000 $ 92,741.17 $3,080,250 $3,080,250.00 $ 60,502.73 182 937 $3,841,675 $3,821,012.90 AGENDA REPORT Page 3 RECOMMENDATION: By motion: October 21, 2008 1. Approve Change Order No. 3 in the amount of $21,775.02; and, 2. Adopt a resolution approving a Notice of Completion for the Cooks Reservoir Replacement Project; and, 3. Direct the City Clerk to process recording of the notice; and, 4. Authorize staff to release the retention in the amount of $314,075.27, thirty-five days after recordation. Respectfully Submitted, John O'Donnell Utilities Director Attachments; 1. Change Order No. 1 2. Notice of Completion 3. Resolution Prepared by, Joe Mankawich Associate Engineer CITY OF SAN JUAN CAPISTRANO Cook Reservoir Replacement CIP No. 769 Contract Change Order No. 3 August 21, 2008 CONTRACTOR: Pacific Hydrotech Corporation, Inc. This Change Order covers changes to the subject contract as described herein. The Contractor shall perform all work as necessary or required to complete the Change Order items for the prices agreed upon between the Contractor and the City. The additional work contained within this Change Order can be performed incidental to the prime work and within the time allotted for the original Contract and any extensions to the Contract Time made by this and all previously issued Change Orders, if any. It is therefore mutually agreed that the number of calendar days extension of time, if any, provided for in this Change Order is required for the change of work provided herein, and that no direct or indirect, incidental or consequential costs, expenses, losses or damages have been or will be incurred by Contractor, except as expressly granted and approved by this Change Order and, further, that the payment under this Change Order is the final and complete compensation for the subject work. In accordance with the contract provisions, the following changes in the contract and/or contract work are hereby authorized and as compensation, the following additional to or deductions from the contract price are hereby approved. 1) Prep and paint 420 L.F. of 24 gauge gravel stop with two part epoxy paint. Total Cost: $1,336.23 2) Additional parts and labor required for the installation of check valve risers adjacent to Calle Ricardo. Total Cost: $4,634.78 Add Two (2) Days 3) Additional materials, labor and equipment necessary to install 220 L.F. of 4" perforated drain line and area drains along the westerly side of the project to eliminate nuisance water from neighboring property 4) Additional material and labor to widen the front gate 3 feet. Total Cost: $5,474.73 Add One (1) Day Total Cost: $590.88 ATTACHMENT 1 5) Additional materials and labor to install 520 L.F. of expansion joint material and waterproof caulking between reservoir wall and gutter. Total Cost $4,740.71 Add Three (3) Days 6) Additional instrumentation and programming costs to program main PLC in the City's SCADA control room to read new Cooi s reservoir. Total Cost: $3,000.00 Add Four (4) Days 7) Additional materials and labor to construct splash wall adjacent to reservoir overflow drain. Total Cost: $3,997,69 Add Two (2) Days Cooks Reservoir Replacement project Contract Change Order No. 2 The Contract Cost was $3,080,250.00 The cost of Change Orders to date is $38,727.71 The cost of this Change Order is: $21,775,02 The current total cost of this project is: $3,340,752.73 The extra work and rain days has required that a total of Twenty-two (22) additional working days be added to the contract. The Contractor agrees to furnish all labor and materials and to perforin all necessary work required to Complete the tasks associated with this Order. This document will become a supplement to the contract and all provision will apply hereto. It is understood that the Change Order shall become effective when approved by the City. , Associate Engineer Contractor, Pacific Dave Adams, City Manager Corporation Inc. N Date Date Z� / og RECORDED AT REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92657 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 Margaret R. Monahan, City Clerk San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano to Pacific Hydrotech Corporation, Inc. of Perris, CA for the construction of the Cooks Reservoir Replacement Project (CIP #769). That said work was completed on June 21, 2008, by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 21 st day of October, 2008, by Resolution No. 08-10-21-. That upon said contract, Safeco Insurance Company of America was suretyfor the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 21 st day of October, 2008. Margaret R. Monahan, City Clerk City of San Juan Capistrano STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF SAN JUAN CAPISTRANO } 1, MARGARET R. MONAHAN, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, DO HEREBYCERTIFY, underpenaltyof perjury that 1) I have read the foregoing document and know the contents thereof, and the facts therein state are true of my own knowledge; 2)1 declare the forgoing is true and correct; and 3) the foregoing Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk. Dated at San Juan Capistrano this 21 st day of October, 2008. Margaret R. Monahan, City Clerk City of San Juan Capistrano ATTACHMENT 2 z1*061 mid [Q 011ILI A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE COOKS RESERVOIR REPLACEMENT PROJECT (CIP #769) (PACIFIC HYDROTECH CORPORATION, INC.) WHEREAS, on the 23rd day of March, 2007, the City of San Juan Capistrano entered into a contract with Pacific Hydrotech Corporation, Inc, for construction of the Cooks Reservoir Replacement Project (CIP #769), and, WHEREAS, the Engineer has evaluated the final quantities and cost . figures and recommends approval. NOW, THEREFORE, BE IT RESOLVED, by the City of San Juan Capistrano as follows: SECTION 1. That the work required to be performed by said Contractor has been completed. SECTION 2. That the total cost of said work is in the amount of $3,140,752.73. SECTION 3. That the work is hereby accepted and approved. SECTION 4. That the City Clerk is directed to forthwith forward a "Notice of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this 21st day of October, 2008. ATTEST: MARGARET R. MONAHAN, CITY CLERK JOE SOTO, MAYOR ATTACHMENT 3 am DR. LONDRES USO NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 5:30 p.m. on Tuesday, October 21, 2008 in the City Council Chamber in City Hall, to consider: "Consideration of Change Order No. 3 and Notice of Completion for the Cooks Reservoir Replacement Project (CIP# 769) (Pacific Hydrotech, Inc) City Council Priority No. 24113" — Item No, D15, If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, October 20, 2008 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Joe Mankawich, Associate Engineer. You may contact that staff member at (949) 487-4313 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanjuancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: citvclerk(a')san ivancaoistrano.ora. MegI/0 .o�han, MMC City le acific Hydrotech, Inc; Tetra Tech, Inc; RBF Consulting, Inc; John O'Donnell, tilities Director, Joe Mankawich, Associate Engineer San .Juan Capistrano; Preserving the Past to Enhance the Future Printed on 100% recycled paper 32400 PASEO ADELANT® i%; i MEMBERS OF THE CrTY COUNCIL SAN JUAN CAPISTRANO, CA 92675 /.�. �L °, ; (949) 493-1171 SAM ALLEVATO (949) 493- €05 FAX I6tuRPaARTEll THOMAS W. HRrBAR `STseGlP° MAFNIELSEN www.sanIuancaPi,vtrano.org 1776 JOE SOTO �. CSR. LONDRES USO October 23, 2008 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On October 21, 2008, the City Council of San Juan Capistrano met regarding; "Considerationof Change Order No. 3 and Notice of Completion for the Cooks Reservoir Replacement Project (CIP# 769) (Pacific Hydrotech, Inc) City Council Priority No, 2413" Item No, D15, The following action was taken at the meeting: COOKS RESERVOIR REPLACEMENT PROJECT: CHANGE ORDER NO, 3 APPROVED IN THE AMOUNT OF $21,775.02; RESOLUTION NO. 08-10-21-04 ADOPTED, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE COOKS RESERVOIR REPLACEMENT PROJECT (CIP NO. 769)(PACIFIC HYDROTECH CORPORATION, INC.);" THE CITY CLERK DIRECTED TO PROCESS RECORDING OF THE NOTICE; AND STAFF AUTHORIZED TO RELEASE THE RETENTION IN THE AMOUNT OF $314,075,35 DAYS AFTER RECORDATION If you have any questions regarding this action, please contact Joe Mankawich, Associate Engineer at (949) 487-4313 for more detailed information. Thank you, MiTm Clerk Cc: Pacific Hydrotech, Inc; Tetra Tech, Inc; RBF Consulting, Inc; John O'Donnell, Utilities Director; Joe Mankawich, Associate Engineer San Juan Capistrano: Preserving the Past to Enhance the Future Printed an 400% recycled paper