HomeMy WebLinkAbout05-22-2013 Board Agenda Packet Orange County Sanitation District Wednesday, May 22, 2013
Regular Meeting of the 6:30 P.M.
Board of Directors Administration Building
Board Room
10844 Ellis Avenue
Fountain Valley, CA
714 593-7130
SUPPLEMENTAL
AGENDA
The Board of Directors will consider the following:
CLOSED SESSION:
(4) CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Agency Designated Representative: James D. Herberg, General Manager
Unrepresented Employees: Executive Management Group
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing
Supplemental Agenda was posted in the lobby of the Administration Building not less than 72 hours prior
to the meeting. Dated this 16"day of May 2013.
Maria E. Ayala
Clerk of the Board
Wednesday, May 22, 2013
Orange County Sanitation District 6:30 P.M.
Regular Meeting of the0 Board Room
Board of Directors 10844 Ellis Avenue
Fountain Valley, CA 92708
(714)593-7130
AGENDA
INVOCATION AND PLEDGE OF ALLEGIANCE: (Joe Shaw, City of Huntington
Beach)
DECLARATION OF QUORUM:
PUBLIC COMMENTS: If you wish to speak, please complete a Speaker's Form (located at the table
outside of the Board Room) and give it to the Clerk of the Board. Speakers are requested to limit
comments to three minutes.
REPORTS: The Chair and the General Manager may present verbal reports on miscellaneous matters
of general interest to the Directors. These reports are for information only and require no action by the
Directors.
CLAIMS:
DIRECTORS: Pursuant to Government Code Section 84308, you are required to disclose any campaign
contribution greater than $250 received in the past twelve months from any party seeking a contract with
OCSD. This requires that you identify the contributor by name. Further, you may not participate in the
decision making process to award a contract to such party. For reference, you are directed to the
Register of Warrants as to all current contractors/vendors with OCSD. For the specifics of Government
Code Section 84308,please see your Director's Handbook or call the office of General Counsel.
1. Ratify payment of claims of the District, by roll call vote, as follows:
Claims Paid for the Period Ending: 04/15/13 04/30/13
Totals $8,656,754.75 $7,674,024.35
CONSENT CALENDAR: Consent Calendar Items are considered to be routine and will be enacted,
by the Board of Directors, after one motion, without discussion. Any items withdrawn from the Consent
Calendar for separate discussion will be considered in the regular order of business.
2. Approve minutes for the Regular Board Meeting held on April 24, 2013.
05IM13 OCSD Boats of Directors Agenda Page 1 of 8
3. A. Award a Service Contract to American Integrated Services, Inc. for Grit
and Screenings Removal Rebid, Specification No. S-2013-559BD-R, for a
total amount not to exceed $755,935.00 for the period June 10, 2013
through June 30, 2014, with four one-year renewal options; and,
B. Approve a contingency of$75,593.00 (10%).
4. Authorize the General Manager to negotiate a Professional Consultant Services
Agreement with AECOM Technical Services, Inc. for engineering support
services during construction of Balboa Trunk Sewer Rehabilitation, Project No. 5-
47.
5. Approve a Quitclaim Sewer Transfer Agreement between Orange County
Sanitation District and the City of Anaheim transferring ownership of 15,922
linear feet of local sewers in Ball Road, Walnut Street, Katella Avenue, and Ninth
Street to the City at no cost to OCSD, in a form approved by General Counsel.
PUBLIC HEARING — LOCAL SEWER SERVICE CHARGES
6. A. Open hearing for proposed extension of local sewer service charges
under Health and Safety Code section 5473.1 for collection of charges on
the tax roll.
B. Receive public comment.
C. Close hearing.
D. Motion to read Ordinance No. OCSD-43 by title only and waive reading of
said entire ordinance on May 22, 2013.
E. Adopt Ordinance No. OCSD43, an Ordinance of the Board of Directors of
Orange County Sanitation District Amending Ordinance No. OCSD-38 To
Extend The Stated Effective Period Of The Existing Local Sanitary Sewer
Service Charges For Customers Receiving Local Sanitary Sewer Service
In Former Revenue Area 7: Adopting Revised Table A Extending Stated
Effective Period Of Existing Local Sanitary Sewer Service Charges And
Revised Table B Property Use Classifications.
F. Adopt Resolution No. OCSD 13-07, A Resolution of the Board of Directors
Directing the County Tax Collector-Treasurer to include Local Sanitary
Sewer Service Charges on the Tax Roll for Fiscal Year 2013-2014, and for
Each Fiscal Year Thereafter Unless Otherwise Amended by the Board.
STEERING COMMITTEE:
7. Approve minutes for the Steering Committee Meeting held on April 24, 2013.
05/22/13 OCSD Boats of Directors Agenda Page 2 of 8
OPERATIONS COMMITTEE:
8. Approve minutes for the Operations Committee Meeting held on May 1, 2013.
9. Approve Amendment No. 1 to the Professional Services Agreements with V&A
Consulting Engineers, Inc., and CSI Services, Inc., providing for on-call Coatings
Inspection, Corrosion Testing, and Confined-Space Entry Services for Collection
System and Treatment Plant Projects, extending the contract period from July 1,
2013 to August 31, 2013.
10. Approve Amendment No. 1 to the Professional Services Agreements with Ninyo
& Moore, and Converse Consultants, providing for on-call Materials Testing,
Inspection, and other Geotechnical Testing Services for Collection System and
Treatment Plant Projects, extending the contract period from July 1, 2013 to
August 31, 2013.
11. Approve Amendment No. 1 to the Professional Services Agreements with
Stantec Consulting, and Bush and Associates, providing for on-call Surveying
Services for Collection System and Treatment Plant Projects, extending the
contract period from July 1, 2013 to August 31, 2013.
12. A. Approve a Sole Source Agreement with ALS Environmental for the
purpose of collecting and analyzing foul air samples at locations at both
the Orange County Sanitation District (OCSD) treatment plants, in
separate events, for a total amount not to exceed $282,776, plus any
applicable taxes or sample shipping fees;
B. Approve a contingency of$14,139 (5%);
C. Approve a Sole Source Agreement with the University of California, Los
Angeles for the purpose of analyzing foul air samples by the Odor Profile
and Odor Wheel Methods at 34 different locations at both OCSD
treatment plants during the warm months of 2013, for a total amount not to
exceed $134,618; and
D. Approve a contingency of$6,731 (5%).
13. A. Approve a Sole Source Agreement with Kruger Inc. for equipment
procurement, installation, and maintenance services of six electronic
noses to be located in Plant No.1 and Plant No. 2, for a total amount not
to exceed $450,000, plus any applicable taxes; and
B. Approve a contingency of$22,500 (5%)
14. Items A— E:
A. Award a contract to Kemira Water Solutions, Inc., for the purchase of
liquid Ferric Chloride, Specification No. C-2013-553BD, for the period July
1, 2013 through June 30, 2014, for a unit price of $535.00 per dry ton
0512V13 OCSD Boats of Directors Agenda Page 3 of 8
delivered, plus applicable sales tax for an estimated annual amount of
$1,712,280 with four one-year renewal options; and,
B. Award a contract to Thatcher Company of California, Inc., for the purchase
of liquid Ferric Chloride, Specification No. C-2013-553BD, for the period
July 1, 2013 through June 30, 2014, for a unit price of$579.20 per dry ton
delivered, plus applicable sales tax for an estimated annual amount of
$610,000 with four one-year renewal options; and,
C. Award a contract to Pencco, Inc., for the purchase of liquid Ferric
Chloride, Specification No. C-2013-553BD, for the period July 1, 2013
through June 30, 2014, for a unit price of $539.40 per dry ton delivered,
plus applicable sales tax for an estimated annual amount of $576,310 with
four one-year renewal options; and,
D. Award a contract to California Water Technologies, LLC., for the purchase
of liquid Ferric Chloride, Specification No. C-2013-553BD, for the period
July 1, 2013 through June 30, 2014, for a unit price of$502.00 per dry ton
delivered, plus applicable sales tax for an estimated annual amount of
$537,200 with four one-year renewal options; and,
E. Approve a unit price contingency of 10% per contract.
15. Items A— J:
A. Award a contract to Hill Brothers Chemical Company, for Regional Odor
and Corrosion Control Services, Specification No. C-2013-565BD, for
Ferrous Chloride dosing services, at the unit price of $636.50/dry ton,
$12.65/dry ton freight, delivered, plus tax; for an estimated total annual
amount of $2,450,245; and additional program services for dose site
development for an amount not to exceed $50,000 for the period July 1,
2013 through June 30, 2014,with four one-year renewal options; and,
B. Award a contract to Hill Brothers Chemical Company, for Regional Odor
and Corrosion Control Services, Specification No. C-2013-565BD, for
Magnesium Hydroxide dosing services, at a unit price of $438.79/dry ton,
$29.70/dry ton freight, delivered, plus tax; for an estimated total annual
amount of $2,115,078; and additional program services for dose site
development for an amount not to exceed $50,000 for the period July 1,
2013 through June 30, 2014,with four one-year renewal options; and,
C. Award a contract to Hill Brothers Chemical Company for Application
Services $100/day for Ferrous Chloride stations and $150/day for
Magnesium Hydroxide stations; for an estimated total annual amount of
$91,250; for Regional Odor and Corrosion Control Services,
Specification No. C-2013-565BD, for the period July 1, 2013 through
June 30, 2014,with four one-year renewal options; and,
0512V13 OCSD Boats of Directors Agenda Page 4 of 8
D. Award contract to Hill Brothers Chemical Company, for Field Services
$100/day for Ferrous Chloride stations and $100/day for Magnesium
Hydroxide stations; for an estimated total annual amount of $73,000; for
Regional Odor and Corrosion Control Services, Specification No. C-
2013-565BD, for the period July 1, 2013 through June 30, 2014, with
four one-year renewal options; and,
E. Award contract to Hill Brothers Chemical Company, for Regional Odor and
Corrosion Control Services, Specification No. C-2013-565BD, to include
a $190 per hour demurrage fee for mobile dosing upon request for
Magnesium Hydroxide at a unit price $580.00/dry ton, $29.70/dry ton
freight (maximum 48 hours), delivered, plus tax; for the period July 1,
2013 through June 30, 2014,with four one-year renewal options; and,
F. Award a contract to US Peroxide, LLC, for Regional Odor and Corrosion
Control Services, Specification No. C-2013-565131D, for Calcium Nitrate
dosing services, at the unit price of $2.28/gallons, delivered, plus tax; for
an estimated total annual amount of $499,016; and additional program
services for dose site development mobilization and demobilization for an
annual amount not to exceed $50,000; for the period July 1, 2013
through June 30, 2014,with four one-year renewal options; and,
G. Award a contract to US Peroxide, LLC, for Application Services for
$160/day for Calcium Nitrate stations, for an estimated total
annual amount of $58,400; for Regional Odor and Corrosion Control
Services, Specification No. C-2013-5651313, for the period July 1, 2013
through June 30, 2014,with four one-year renewal options; and,
H. Award contract to US Peroxide, LLC, for delivery charges at $250/delivery
for Calcium Nitrate, for an estimated total annual amount of $4,500; for
Regional Odor and Corrosion Control Services, Specification No. C-2013-
56561D, for the period of July 1, 2013 through June 30, 2014, with four
one-year renewal options, and
I. Approve an annual unit price contingency of 15%, per contract.
J. Approve an annual service price contingency of 15%, per contract.
ADMINISTRATION COMMITTEE:
16. Approve Minutes of the Administration Committee Meeting held on May 8, 2013.
17. Approve the 2013-14 "not-to-exceed" quotes for the following insurances:
A. Excess General Liability Insurance — Not to Exceed $372,000
B. Excess Workers' Compensation — Not to Exceed $200,000
C. All-Risk Property, Flood and Boiler& Machinery insurance — Not to Exceed
$750,000
05IM13 OCSD Boats of Directors Agenda Page 5 of 8
18. Authorize an additional amount of $275,000 to Project No. SP-103, Specification
No. CS-2012-518BD-R, increasing the total not to exceed amount to $525,000
for completion of the Piping and Instrumentation Diagrams (P&IDs).
19. Authorize the General Manager to enter into contracts for Temporary
Employment Services (Specification No.CS-2009421BD) for a total amount not
to exceed $364,000 per year, for a one-year period (July 1, 2013 through June
30, 2014), with a one-year renewal option with the following temporary service
firms; and,
1. Aerotek Inc.: (General, Engineering, Laboratory)
2. AppleOne Employment Services: (General)
3. Material and Contract Services - Procurement Services Associates:
(Contract Services)
4. On Assignment Staffing Services- Lab Support: (Laboratory)
5. TEG Staffing: (Human Resources)
6. TekSvstems: (Technical)
7. Project Partners: (Technical)
8. Xvon Business Solutions: (Technical)
9. Robert Half. Inc. (General)
10. Procurement Services Associates
CLOSED SESSION:
During the course of conducting the business set forth on this agenda as a regular meeting of the
Board, the Chair may convene the Board in closed session to consider matters of pending real estate
negotiations, pending or potential litigation, or personnel matters, pursuant to Government Code
Sections 54956.8, 54956.9, 54957 or 54957.6, as noted.
Reports relating to (a) purchase and sale of real property, (b) matters of pending or potential litigation;
(c) employment actions or negotiations with employee representatives;or which are exempt from public
disclosure under the California Public Records Act, may be reviewed by the Board during a permitted
closed session and are not available for public inspection. At such time as the Board takes final action
on any of these subjects, the minutes will reflect all required disclosures of information.
Convene in closed session.
(1) CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Agency Designated Representatives: James D. Herberg, General Manager, Jeff
Reed, Director of Human Resources, and James D. Ruth, Chief Negotiator
Employee Organizations: Supervisor Group and Professional Group
0512V13 OCSD Board of Directors Agenda Page 6 of 8
(2) CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Agency Designated Representative: James D. Herberg, General Manager
Unrepresented Employees: Managers Group
(3) CONFERENCE WITH LEGAL COUNSEL RE. EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
(2 cases)
Case: Mladen Buntich v. Orange County Sanitation District, Riverside County
Superior Court, Case No. RIC 1201005
Case: Santa Ana Watershed Project Authority v. Orange County Sanitation
District, Contractual Arbitration before Judicial Arbitration and Mediation
Services, Jams Reference No. 1210030062
Reconvene in regular session.
Consideration of action, if any, on matters considered in closed session.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
ADJOURNMENT:
Adjourn the Board meeting until the next regular Meeting on June 26, 2013, at 6:30 p.m.
05/22/13 OCSD Boats of Directors Agenda Page 7 of 8
Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability
related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at
(714) 593-7130 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability
and the type of accommodation requested.
Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2,this agenda
has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis
Avenue, Fountain Valley, California, not less than 72 hours prior to the meeting date and time above. All public
records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting
to all,or a majority of the Board of Directors,are available for public inspection in the office of the Clerk of the Board.
NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the
Clerk of the Board 14 days before the meeting.
Maria E.Ayala
Clerk of the Board
(714)593-7130
mavala/glocsd.com
For any questions on the agenda,Committee members may contact staff at
General Manager Jim Herberg (714)593-7300 iherbera(docsd.com
Assistant General Manager Bob Ghirelli (714)593-7400 rohirelli0ocsd.com
Director of Engineering Nick Kanetis (714)593-7310 nkanethutDocsd.com
Director of Facility Support Services Nick Arhontes (714)593-7210 narhontes0ocsd.cem
Director of Finance and Lorenzo Tyner (714)593-7550 ItvnentDocsd.com
Administrative Services
Director of Human Resources Jeff Reed (714)593-7144 ireed(rpocsd.com
Director of Operations&Maintenance Ed Tortes 714 593-7080 etorres ocsd.com
05/22/13 OCSD BcaM of Directors Agenda Page 8 of 8
BOARD OF DIRECTORS Needng Dare I TOBd.Of Dir.
— OS/z2/13
AGENDA REPORT Item Number Item Number
Orange County Sanitation District
FROM: Jim Herberg, General Manager
Originator: Lorenzo Tyner, Director of Finance and Administrative Services
SUBJECT: PAYMENT OF CLAIMS OF THE ORANGE COUNTY SANITATION
DISTRICT
GENERAL MANAGER'S RECOMMENDATION
Ratify Payment of Claims of the District by Roll Call Vote.
CONFLICT OF INTEREST NOTIFICATION
Pursuant to Government Code Section 84308, you are required to disclose any
campaign contribution greater than $250 received in the past twelve months from any
party to a contract involving the Orange County Sanitation District. Further, you may
not participate in the decision making process to award a contract to such party.
For reference, you are directed to the Register of Warrants as to all current
contractors/vendors with the District.
In general, you must disclose the basis of the conflict by identifying the name of the firm
or individual who was the contributor.
For the specifics of Government Code Section 84308, please see your Director's
Handbook or call the office of General Counsel.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
See attached listing.
ATTACHMENTS
The following attachment(s)are included in hard copy and may also be viewed on-line at the OCSD
website(www.ocsd.com) with the complete agenda package and attachments:
1. Copies of Claims Paid reports from 4/0111 3—4/1 5/1 3 and 4/16/13—4/30/13
Page 1 of 1
Return to Agenda Rom
Claims Paid From 4/1113 to 4115/13
Vendor Warrant No. Amount Description
Accounts Payable Warrants
Hill Brothers 951 $ 43,256.98 Chemicals,WaterMasteeater Treatment
Polydyne, Inc. 955 28,690.20 Chemicals,WaterfWasteeater Treatment
Propipe Professional Pipe Services 956 69,278.28 Professional Services/CCTV Seeerline Inspections
A-Check America,Inc. 957 732.50 Human Resources Services
Airgas USA,LLC 958 876.73 Laboratory Services&Supplies
Appll Employment Service 959 3,088.44 Professional Servione7emporary Services
Clean Harbors Environmental Services 960 5,599.89 Grit&Screenings;Hazard Waste Disposal
Consumers Pipe&Supply Co. 961 41.74 Repair&Maintenance Services and/or Supplies
Summit Steel 962 408.11 Repair&Maintenance Services and/or Supplies
TestAmerica Ontario 963 600.00 Laboratory Services&Supplies
Thompson Industrial Supply,Inc. 964 2,458.21 Repair&Maintenance Services and/or Supplies
Valin Corporation 965 825.42 Repair&Maintenance Services and/or Supplies
Vortex Corp. 9" 1,761.00 Repair&Maintenance Services and/or Supplies
Kemim Water Solutions 967 69,033.64 Chemicals,WamhWastseamr Treatment
A-Check America,Inc. 968 W8.00 Human Resources Services
Airgas USA,LLC 969 71.37 Laboratory Services&Supplies
Parker Supply Company 970 1,056.58 Miscellaneous Pads and Supplies
Polydyne,Inc. 971 14,725.26 Chemicals,WamhWastseamr Treatment
Siemens Water Technologies Com. 972 1,479.49 Repair&Maintenance Services and/or Supplies
Summit Steel 973 1,835.97 Repair&Maintenance Services and/or Supplies
TestAmenca Ontario 974 27.00 Laboratory Services&Supplies
Thompson Industrial Supply,Inc. 975 3,364.61 Repair&Maintenance Services and/or Supplies
Tomecat 976 2,230.72 Repair&Maintenance Services and/or Supplies
AECOM Technical Services,Inc. 55557 65,554.66 Professional Services/Engineering Design Services
Austin Building and Design the The Austi 55558 133,616.47 Professional Services/Engineering Design Services
Black&Veatch Corporation 55559 36,259.20 Professional ServiceelEnglnaering Design Services
Camillo Engineers 55560 25,442.70 Professional Services
Dudek&Associates,Inc. 55561 34,294.51 Professional Services/Engineering Design Services
Employee Benefits Specialists,Inc. 55562 841,021.03 Reimbursed!Prepaid Employee Medical&Dependent Care
Haetea Packard Company 55563 21p43.16 Computers,SoftearelHameam
Performance Pipeline Technologies 55564 26,446.03 Professional Servicee/CCTV Inspection/Sevreriine Cleaning
Southern California Edison 55565 244,412.05 Utilities
Southern California Edison 55566 65,419.13 Utilities
US Peroxide,L.L.C. 55567 90,492.26 Chemicals,WaterfWastieater Treatment
J R Fill Construction 55568 433,343.59 Construction
Morrow Meadoes Corp. 55569 65,664.00 Construction
Aerotek 55570 360.00 Professional Services/Temporary Services
AIHI 55571 205.00 Professional Organization
Air Products&Chemical,Inc. 55572 12,224.87 Chemicals,WateuWastewater Treatment
American Express TVL Related Svcs Co.,1 55573 3,279.37 Purchasing Card Program for Miscellaneous Travel Expenses
Argun-Hazco 55574 657.06 Repair&Maintenance Services and/or Supplies
ASSE American Society of Safety Engineer 55575 180.00 Professional Organizations MeetinglTalning/Membership
AT&T Universal Biller 55576 2,808.32 Telecommunications
AT&T 55577 32.29 Telecommunications
AT&T Mobility 11,L.L.C. 55578 249.95 Telecommunications
AT&T Mobility 11,L.L.C. 55579 7,67714 Telecommunications
Battery Specialises 55580 175.22 Batteries,Various
BC Wire Rope&Rigging 55581 1,200.00 Tools&Supplies
EXHISITA
nnntormm Page 1 of 7 4116Q013
Return to Amends Rom
Claims Paid From 4/1113 to 4115/13
Vendor Warrant No. Amount Description
Bonterm Consulting,L.L.C. 55582 1,680.40 Professional Servicee/Engineering Design Services
Brea Imperial,Inc. 55583 2,500.00 Miscellaneous Services
Bug Central 555" 695.00 Pest Control Services
California Dept.of Child Support 55585 2,786.85 Judgments Payable
CALPELRA 55586 345.00 Professional Organizations MeetingRraining/Membership
CAPPO,Inc. 55587 169.00 Professional Organizations Meeting/Taining/Membership
CASA 55588 425.00 Professional Organizations MeetinglTainingrMembership
Cavanaugh Machine Works 55589 21,195.00 Repair&Maintenance Services and/or Supplies
CEPAOperations, Inc. 55590 2,000.00 Repair&Maintenance Services and/or Supplies
City of Westminster 55591 25.80 Water Use
Controlled Motion Solufions 55592 1,045.00 Repair&Maintenance Services and/or Supplies
Corner Bakery Ca a(CBC) 55593 69.27 Catering Services
Codech Engineering 55594 4,949.45 Repair&Maintenance Services and/or Supplies
Cmne Veyor Corp. 55595 6,983.83 Repair&Maintenance Services and/or Supplies
The Creative Group 55596 1,638.00 Professional Servicesrtemporary Services
C-Temp International 55597 462]1 Repair&Maintenance Services and/or Supplies
CWEA Annual Conference 55598 622.00 Professional Organizations MeetingRaining/Membership
CWEA Membership 55599 140.00 Professional Organizations MeetinglTaining/Membership
DeGuelle Glass Co.,Inc. 55600 2,520.00 Repair&Maintenance Services and/or Supplies
Denovo Ventures LLC 55601 6,750.00 JOE Upgrade Consulting Services
DWG Associates 55602 12,090.00 Professional Services
Emerson Process Management,L.L.P. 55603 1,840.00 Repair&Maintenance Services and/or Supplies
Employee Benefits Specialists,Inc. 556W 12,141.35 Reimbursed Prepaid Employee Medical&Dependent Care
Enchanter,Inc. 55605 1,520.00 Vessel Services-Monitoring Vessel Nermor
Ewing Irrigation 55606 29.56 Irrigation Repair&Maintenance Services and/or Supplies
Fedex Corporation 55607 136.13 Freight Services
Fisher Scientific 55608 563.96 Laboratory Services&Supplies
Flomax Products,Inc. 55609 495.37 ElectricallElactronic Equipment,Pads&Repairs
Franchise Tax Board 55610 360.00 Judgments Payable
Frys Electronics 55611 99.69 Computers,Software/Hardware
Gates Flberglass Installers 55612 3,978.00 Repair&Maintenance Services and/or Supplies
Genesis Roofing 55613 1,700.00 Repair&Maintenance Services/Roofing Repairs
George Yardley Co. 55614 2,479.49 Repair&Maintenance Services and/or Supplies
Gladstone International,Inc. 55615 4,250.00 Professional Organizations Meeting/Tmining/Membership
Glen Mills Inc. 55616 1,050.00 Laboratory Services&Supplies
Glans Alignment&Brake Service 55617 129.00 Autos.Trucks&Marine Equipment,Pads,Accessories&Services
Gold Coast Awards,Inc. 55618 63.12 Badges
Golden State Overnight Delivery Service 55619 220.30 Courier Services
Golden West Machine,Inc. 55620 4,990.00 Repair&Maintenance Services and/or Supplies
Golden West Window Service 55621 3,240.00 Facilities,Maintenance,Services&Supplies
Grainger,Inc. 55622 2,913.46 Repair&Maintenance Services and/or Supplies
Gmybar Electric Company 55623 6,179.73 Electrical0ectronic Equipment,Parts&Repairs
Greentech Landscape,Inc 55624 2,657.00 Landscape Maintenance Services
H.H.Fromer Architects,Inc. 55625 11,631.07 Construction
Hach Company 55626 656.30 Laboratory Services&Supplies
Home Depot 55627 225.53 Miscellaneous Pads and Supplies
Hub Auto Supply 55628 374.96 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
City of Huntington Beach 55629 9,650.57 Water Use
Indiana Child Support Bureau 55630 290.00 Judgments Payable
EXHISITA
nnntolmm Page 2 of 7 41mc013
Return to Arabi Rom
Claims Paid From 4/1113 to 4115/13
Vendor Warrant No. Amount Description
Im.Union of Opal Eng.AFL CIO Local 55631 4,617.36 Dues Deductions
Intratek Computer,Inc. 55632 2,013.02 Neteork/Server/Printer Maintenance Services
Court Order 55833 2,179.38 Judgments Payable
IA Testing 55634 57.00 Safety,Security,Health Equipment,Supplies,and Services
Lexis-Nexis 55635 84.00 Books&Publications On-Line
Loran Education Services 55636 578.00 Professional Organizations MeetinglTreining/Membership
McGrew HIII Inc. 55837 87.00 Books and Publications
Emerson Process Management,L.L.P. 5%38 1,640.00 Repair Maintenance Services and/or Supplies
Midway Mfg.&Machining Co. 55639 975.00 Repair&Maintenance Services and/or Supplies
MTM Recognition Corporation 55840 468.86 Service Amble
New Pig 55841 297.04 Repair&Maintenance Services and/or Supplies
OCEA 5561 702.00 Dues Deductible
Once Depot 55643 2,197.26 Office Supplies
Orange County United Way 55644 40.00 Employee Contributions
Peace Officers Council of CA 5561 2,254.00 Dues Deductions,Supervisors&Professionals
Peak-Ryzax,Inc. 5561 933.36 Laboratory Services&Supplies
PL Hawn Company,Inc. 55647 260.89 Repair&Maintenance Services and/or Supplies
Pre it Distribution,Inc. 55648 810.00 Laboratory Services&Supplies
Primrose Ice Co.,Inc. 55649 105.00 Water&Ice Services
Pump Argon 5%50 9,537]4 Oil Filters
Q Air-Calif.Div.Pump Engineering 55651 975.23 Repair&Maintenance Services and Supplies
Quickstart Intelligence 55652 2,396.00 Professional Organizations MeetinglTreining/Membership
Court Order 55853 108.00 Judgments Payable
RMC Water and Envimnment 55(k54 8,985.70 Professional Services
South Coast Environmental Co. 55655 633.31 Professional Services-Air Quality Monitoring
Shamrock Supply Co.,Inc. 55656 827.73 Repair&Maintenance Services and/or Supplies
Shuraluck Sales&Engineering 55657 157]9 Repair&Maintenance Services and/or Supplies
Siemens Energy,Inc. 55658 3,648.00 Repair Maintenance Services and/or Supplies
Smith Paint and Supply 55659 232.44 Painting Services and Supplies
Ago Indust iesDBA So-Cal Sweeping 55660 960.00 Street Sweeping Services
Southern Coincide Setac 55661 53.00 Professional Organization
SPEX Cartlprap,Inc. 55662 100.69 Laboratory Services&Supplies
Stanton Radiator 55663 175.00 Repair&Maintenance Services and/or Supplies
Sunset Industrial Parts 55664 149.57 Repair&Maintenance Services and/or Supplies
Thermo Electron North America,L.L.C. 55865 574.54 Laboratory Services&Supplies
Train Consulting Engineers 5%66 8,138.68 Professional ServiceelEngineering Design Services
Truck&Auto Supply,Inc. 55667 1,125.42 Autos,Trucks&Marine Equipment,Paris,Accessories&Services
TW Telecom Holdings,Inc. 55668 9,224.66 Telecommunications
United States Department Of The Treasury 55869 399.86 Judgments Payable
US Equipment Co.,Inc. 556T0 2,886.76 Repair Maintenance Services and/or Supplies
Vapex Products,Inc. 55671 3,057.24 Electrical/Electronic Equipment,Parts&Repairs
Venzon California 55672 643.03 Telecommunications
Verizon Wireless 55873 1,102.83 Telecommunications
Value's Plumbing 55674 140.00 Plumbing Services&Supplies
Vision Financial Corporation 55675 1,187.20 Employee Voluntary Benefits
MR Scierdfic Products 55676 383.44 Laboratory Services&Supplies
Wastewater Technology Tralners 556]] 1,730.00 Professional Organizations Meeting/TalninglMembership
Water Envimnment Federation 55678 456.00 Professional Organizations Meeting Training)Membership
WPL Publishing 55679 691.00 Books&Publications
EXHISITA
fin/210i Page 3 of 7 4/16/zO13
Return to Aaenda Rom
Claims Paid From 4/1113 to 4115/13
Vendor Warrant No. Amount Description
Xyon Business Solutions,Inc. 55680 2,400.00 Professional Services/Temporary Services
Court Omer 55681 912.50 Judgments Payable
Rodney L.Collins 55682 350.00 MeetinglTaining Expense Reimbursement
Coss,Ronald J. 55683 1,303.82 Meating/rmining Expense Reimbursement
Raul Cuellar 55684 468.20 MeetinglTraining Expense Reimbursement
Like Kovac 55685 169.00 MeetingRmining Expense Reimbursement
May T.Kyl 55686 852.53 Meeting/Tmining Expense Reimbursement
Jaime M.Melpeda 55687 189.78 Mealingamining Expense Reimbursement
Huan Hoang Nguyen 55688 103.75 MeetinglTmining Expense Reimbursement
Jeffrey Y.Shubik 55689 116.00 MeetinglTmining Expense Reimbursement
Edward M.Torres 55690 743.89 Meeting/rmining Expense Reimbursement
Hai-Thad T.Huynh 55691 115.00 Meeting?mining Expense Reimbursement
Caliagua,Inc. 55692 1,903.49 Construction
CAPPO,Inc. 55693 199.00 Professional Organizations MeetinglTainii-WMembership
Amadls U.S.,Inc. 556M 74,128.26 Professional ServlceslEnginearing Design Services
Black&Veatch Corporation 55695 61,842.19 Professional ServiceslEngineering Design Services
Corporate Image Maintenance,Inc. 55696 36,570.00 Janitor&Household Service&Supplies
CORRPRO Companies,Inc. 55697 30,623.50 Professional Servicee/Temporary Services
Dionex Corporation 55698 47,T13.92 Laboratory Services&Supplies
Employee Benefits Specialists,Inc. 55699 829,951.46 Reimbursed Prepaid Employee Medical&Dependent Cara
Hach Company 55700 66482.47 Laboratory Services&Supplies
HDR Engineering,Inc. 55701 62,130.60 Professional Services/Engineering Design Services
Lexis-Nexis 55702 57,170.06 Books&Publicatlons On-Line
Prudential Insurance Company of America 55703 47,390.04 Bends
Standard Automation and Control 55704 62,362.34 Computer Applications&Services
TDI 55705 31,700.00 Professional Servicestinfomnation Technology
Tule RancWMagan Farms 55706 312,117.80 Sidi Management
Randwnk,Escrow Acct#272295573 55707 75,000.00 Co mumaddn
W.M.Lyles Co. 55708 1,425,000.00 Construction
Air Products&Chemicals,Inc. 55709 12,817.21 Chemicals,WaterfWasteasater Treatment
Ahmed Inc. 55710 1,183.75 Laboratory Services&Supplies
American Public Works Association 55711 63.00 Professional Organizations Meeting?aininglMembership
American Society for Microbiology 55712 50.00 Professional Organizations MeetingRraininyMemberehip
Ancun Marne 55713 2,010.00 Repair&Maintenance Services and/or Supplies
ATM AA,Inc. 55714 280.00 Lab Services
Audn Building and Design ribs The Aran 55715 710.56 Professional ServiceslEngineering Design Services
Awards&Trophies Company 55716 23.76 Awards and Framing Services
AWSI 55717 57.00 Professional Services-DOT Program Administration
Battery Systems,Inc. 55718 68.39 Repair&Maintenance Services and/or Supplies
Bentley Systems,Inc. 55719 720.96 Software Maintenance Agreement
BioMerieux Vitek,Inc. 55720 1,848.37 Laboratory Services&Supplies
BLX Group 55721 2,250.00 Professional Financial Services
BNSF Railway Company 55722 1,840.00 Professional Services 241-U
Callan Associates,Ina 55723 4,231.75 Invastment Advisory Services
Cal-Therm Inc. 55724 4,900.00 Repair&Maintenance Services and/or Supplies
Caltrol,Inc. 55725 2,087.08 ElectricallElecVonic Equipment,Paris&Repaid;
Carbon Activated Corporation 55726 19,935.56 Repair&Maintenance Services and/or Supplies
Career Track 55727 299.00 Professional Organizations Meeting?aininglMembership
Chromate Industrial Cam 55728 90.14 Miscellaneous Paris and Supplies
EXHISITA
nnntolmm Page 4 of 7 411e2013
Return to Agenda Rom
Claims Paid From 4/1113 to 4115/13
Vendor Warrant No. Amount Description
Claudia J.Their 55729 1,600.00 Professional Organizations MeetingfTmining/Membership
Cole-Parmer Instrument Co. 55730 246.61 Laboratory Services&Supplies
Cotton Point Design,Inc.ohs Power Deal 55731 3,677.40 ElectncallElechonic Equipment,Parts&Repairs
CRC Press,Inc. 55732 129.95 Publication
CS-AMSCO 55733 10,504.41 Repair&Maintenance Services and/or Supplies
GTemp International 557M 617.67 Repair&Maintenance Services and/or Supplies
Culligan of Orange County 55735 61.40 Repair&Maintenance Services andfor Supplies
CWFA Membership 55736 280.00 Professional Organizations MeetinglTmining/Membership
DDB Engineering,Inc. 55737 495.00 Professional Services-Advocacy
Denovo Ventures LLC 55738 3,525.00 JOE Upgrade Consulting Services
DunnEdwards Corporation 55739 142.64 Facilities,Maintenance,Services&Supplies
Elect Air 55740 5,066.55 Instrument Pads&Supplies
Employee Benefits Specialists,Inc. 55741 201.60 Reimbursed Prepaid Employee Medical&Dependent Care
Enchanter,Inc. 55742 1,520.00 Vessel Services-Monitoring Vessel Nenssa
Environmental Resource Associates 55743 2,519.77 Laboratory Services&Supplies
Excel Door&Gets Co.,Inc. 557" 1,650.00 Repair&Maintenance Services and/or Supplies
Fedex Corporation 55745 59.87 Freight Services
Fisher Scientific 55746 651.55 Laboratory Services&Supplies
Fountain Valley AAA Auto Spa 55747 W2.34 Autos,Trucks&Marine Equipment,Paris,Accessories&Services
Franchise Tax Board 55748 23,735.47 Judgments Payable
G&B Creative Solutions LLC 55749 4,860.00 Printing and Publications
Garrett Callahan Company 55750 5,208.20 Chemicals,WatenWastewater Treatment
George Yardley Co. 55751 680.14 Repair&Maintenance Services and/or Supplies
Gierich-Mitchell,Inc. 55752 2,345.62 Repair&Maintenance Services and/or Supplies
Global Environmental Network Inc. 55753 1,200.00 Safety,Security,Health Equipment,Supplies,and Services
Golden State Overnight Delivery Service 55754 81.26 Courier Services
Golden West Window Service 55755 432.00 Facilities,Maintenance,Services&Supplies
Grainger,Inc. 55756 2,302.40 Repair&Maintenance Services and/or Supplies
Graphic Products,Inc. 55757 425.25 Miscellaneous Supplies
Greybar Electric Company 55758 954.08 Elecincal0ectronic Equipment,Pans&Repairs
Greentech Landscape,Inc 55759 395.00 Landscape Maintenance Services
Hanker Equipment Company 55760 272.20 Autos.Trucks&Marine Equipment,Parts,Accessories&Services
Hach Company 55761 4,268.88 Laboratory Services&Supplies
HILLCO Fastener Warehouse,Inc. 55762 124.14 Repair&Maintenance Services and/or Supplies
Home Depot 55763 616.34 Miscellaneous Paris and Supplies
Hopkins Technical Products,Inc. 55764 1,922.35 Repair&Maintenance Services and/or Supplies
Hyatt Legal Plans 55765 1,824.00 Professional Services-Legal
Industrial Threaded Products,Inc. 55766 2,597.57 Repair&Maintenance Services and/or Supplies
Innovyze,Inc. 55767 12,825.00 Software Maintenance Agreement
J I Solutions,Inc. 55768 903.83 Laboratory Services&Supplies
Jamison Engineering Contractors,Inc. 55769 9,987.26 Professional Services/Construction Support Services
Kanawha Insurance Company 55770 2,476.11 Voluntary Benefits-SSTD Insurance
Keenan&Associates 55771 3,316.66 Professional ServiceeWorker's Compensation Program
La Marche Manufacturing Co. 55772 3,858A6 Repair&Maintenance Services and/or Supplies
Lee&go,Inc. 55713 12,267 04 Professional Services/Engineering Design Services
Lillesirend and Associates 55774 3,354.10 Professional Services
Lord's Gourmet Foods,Inc. 55775 187.50 Catering Services
Mail Dispatch,LLC 55776 314.70 Mail Delivery Service
Malcolm Pimie,Inc. 55711 2,954.50 Professional Services/Engineering Design Services
EXHISITA
fnniolmm Page 6 of 7 4116rze13
Return to Agenda Rom
Claims Paid From 4/1113 to 4115/13
Vendor Warrant No. Amount Description
Marinus Scientific 55178 99.36 Laboratory Services&Supplies
Matheson Tri Gas,Inc. 55779 1,269.44 Laboratory Services&Supplies
MId-West Associates,Inc. 55780 1,473.18 Repair&Maintenance Services and/or Supplies
MTM Recognition Corporation 55781 125.63 Service Awards
Mythical,Inc. 55782 8,029.77 Software-Perpetual License for Oracle Data Base-Enterprise Edition,Maint.&Support
National Institute of Standards&Tech-R 55783 2,539.00 Laboratory Services&Supplies
Neal Supply Co. 557M 866.64 Repair&Maintenance Services and/or Supplies
NetworkFleet,Inc. 55785 2,819.48 Software Maintenance Agreement
Newark Electronics 55786 750.26 Electrical0ectronic Equipment,Pads&Repairs
Olin Corporation 55787 6,571.47 Chemicals,WaterrWastewater Treatment
Ohl Distributors,Inc. 55788 4,490.27 ElecticallElect onlc Equipment,Parts&Repairs
Orange County Auto Pads 55789 210.41 Truck Supplies
Pace,Inc. 55790 450.00 Professional Services
Parker Hannifin Corporation 55791 1,620.00 Repair&Maintenance Services and/or Supplies
Parkhouse Tire,Inc. 55792 1,916.85 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
Farman Corporation 55793 2,740.50 Mechanical Pads&Supplies
PCS Express,Inc. 55794 162.49 Courier Services
PL Hawn Company,Inc. 55795 337.87 Repair&Maintenance Services and/or Supplies
P.M.Products,Inc. 55796 5,139.93 Repair&Maintenance Services and/or Supplies
Fri Distribution,Inc. 55797 104.44 Laboratory Services&Supplies
Pump Action 55798 5,884.30 Oil Filters
Quill Corp 55799 118.33 Office Supplies
Rainbow Disposal Co. 55800 3,499.00 Waste Disposal
Rapid Technologies,Inc. 55801 8,847.93 Software Maintenance Agreement
Rehab West,Inc. 55802 349.58 Human Resources Services
Reliastar Bankers Security Life Ins. 55803 3,921.03 Voluntary Life Ins.,Cancer Ins.&Supplemental Short-Tema Disability Ins.
Reportei Inc. 55804 5,630.40 Computers,Sof im elHanhvdre
Safety Max 55805 437.38 Safety,Security,Health Equipment,Supplies,and Services
SC Fuels 55806 3,977.77 Fuel and Lubricants
Securites Security Services USA,Inc. 55807 315.60 Safety,Security,Health Equipment,Supplies,and Services
Shamrock Supply Co.,Inc. 55808 2,363.36 Repair&Maintenance Services and/or Supplies
Shureluck Sales&Engineering 55809 4,516.83 Repair&Maintenance Services and/or Supplies
Sigma-Aldrich,Inc. 55810 436.37 Laboratory Services&Supplies
So.Cal Gas Company 55811 14,652.41 Utilities
Southern California Edison 55812 1,546.79 UBIIties
Sparkled-Dallas 55813 1,579.20 Miscellaneous Services
SPEX Cemprep,Inc. 55814 96.41 Laboratory Services&Supplies
SST Benefits Consulting&Insurance Saw 55815 5,000.00 Professional Services
Staheli Trenchless Consultants,Inc. 55816 1,586.00 Constuctlon
Staples 55817 612.17 Office Supplies
Steven Enterprises,Inc.-Remit 55818 194.40 Office Supplies
Sunset Industrial Pads 55819 53.57 Repair&Maintenance Services and/or Supplies
SWRCB Accounting Office 55820 466.00 Governmental Agency Fees&Charges
The Standard Insurance Company 55821 2,934A3 Disability Insurance
Thermo Electron North Amer.,LL.C, 55822 4,979.00 Laboratory Services&Supplies
Townsend Public Affairs 55823 7,500.00 Professional Services-State Legislative Advocacy
Underground Service Alen of So.CeIH 55824 1,609.50 Professional Services-Dig Aled Notification Service
United Parcel Service 55825 736.70 Freight Services
UC Regents 55826 5,000.00 Professional Organizations MeetingRraininyMembership
EXHISITA
nnntmmm Page 6 of 7 4116rz013
Return to Agenda Rom
Claims Paid From 4/1113 to 4115/13
Vendor Warrant No. Amount Description
University Of California,San Diego 55827 15,000.00 Professional Servicee'Sudace Mooring Pipe Rehab Project
USC 55828 14,930.69 Professional Services/Studies
Vapex Products,Inc. 55829 5,096.28 Elmdrical/Electronic Equipment,Parts&Repairs
Vision Financial Corporation 55830 1,194.20 Employee Voluntary Benefits
MR Scientific Products 55831 7,303.42 Laboratory Services&Supplies
Wastewater Technology Trainers 55832 3,210.00 Professional Organiutions Meeting/TrainingROembership
WateReuse Association 55833 400.00 Professional Organizations Meeting/Training/Membership
Winds Sanitary Supply 55834 17.43 Janitor&Household Service&Supplies
West Lite Supply Company,Inc. 55835 22.68 ElectricalOrkol onic Equipment,Parts&Repairs
Wimer Corporation 55836 746.38 Repair&Maintenance Services and/or Supplies
Yale/Chase Materials Handling,Inc. 55837 464.01 Electncal/Elechonic Equipment,&Electric Cart Parts&Repairs
Coss,Ronald J. 55838 120.00 Meeting?raining Expense Reimbursement
Carla D.Dillon 55839 684.36 MeetinglTraining Expense Reimbursement
Terry W.Kris 55840 958.20 MeetingRmining Expense Reimbursement
Mary S.Thompson 55"1 1,094.46 Meeting/raining Expense Reimbursement
Total Accounts Payable Warrants $ Q200.667.39
Payroll Disbursements
Employee Paychecks 51029- 51051 $ 3,816.33 Interim Payroll-ARBA(4101113)
Employee Paychecks 51052. 51090 85,527.03 Biweekly Payroll(4/03/13)'
Employee Paychecks 51096- 51098 2,114.97 Interim Payroll-Reduce(4/02/13)
Employee Paychecks 51099- 51100 3,741.W Interim Payroll-Partners Regular Pay(4/02/13)
Employee Paychecks 51101- 51103 l l,224.21 Interim Payroll-Retirees Payouts(4102113)"
Employee Paychecks 61153 2,521.66 Interim Payroll-Voluntary Tenn Reg Hours(4/11/13)
Employee Paychecks 51154 16,824.20 Interim Payroll-Voluntary Tema Payout(4111113)
Direct Deposit Statements 3352m-335423 29,856.76 Interim Payroll-AREA(4/01/13)
Direct Deposit Statements 335424-335986 1,397,619.96 Biweekly Payroll(4/03/13)
Total Payroll Disbursements $ 1,553,246.62 Th-k Mumma 51WI-51 0e5 uwa in odor rams.
-Check nmroxx 5110451152b be usW for Nlure periW.
Wire Transfer Payments
OCSD Payroll Taxes&Contributions $ 902,640.74 Biweekly Payroll(4/03/13)
Total Wlre Transfer Payments $ 902,84074
Total Claims Paid 4101113-4115113 $ 8,656,754.75
Et(HISITA
rmnermm Page 7 of7 4116/2013
Return to Amout Rom
Claims Paid From W16113 to W30113
Vendor Warrant No. Amount Description
Accounts Pavable Warrants
A W Chastened 991 $ 6,094.78 Repair&Maintenance Services under Supplies
Absolute Standards,Inc. 56061 635.00 Laboratory Bayless&Supplies
AccuStandard 56052 79.34 Laboratory Services&Supplies
AECOM Technical Services,Ina 55842 36,533.89 Professional Services/Engineering DesignServices
AECOM Technical Services,Inc. 56034 31,069.90 Professional Sewices/Engineering Design Services
Aerotek SM69 1,890.30 Professional SewicesRempomry Services
Ago lndustriesDBA SO al Sweeping 559M 480.00 Street Sweeping Services
Air Liquids America Corp. 56053 241.55 Laboratory Services&Supplies
Air Liquids America Specialty Gases LLC 55860 207.81 Laboratory Services&Supplies
Air Liquids America Specialty Gases LLC 5WM 927.46 Laboratory Services&Supplies
Air products&Chemicals,Inc. 55861 9,922.35 Chemicals,WaterWastewater Treatment
Air Products&Chemicals.Inc. 56055 12,304.32 Chemicals,WaterMastewater Treatment
Airgas Safety,Inc. 981 549.9E Safety,Security,Health Equipment,Supplies,and Services
Algae Safety,Inc. 992 8,926.94 Safety,Security,Heats Equipment,Supplies,and Services
Airgas USA.LLC 982 199.18 Laboratory Services&Supplies
Airgas USA,LLC 993 563.91 Laboratory Services&Supplies
Alta-Robbins,Inc. 56059 1,041.92 Electrical/Electronic Equipment,Paris&Repairs
American Express TVL Related Svcs Co. 56058 3,308.97 Purchasing Card Progn m for Miscellaneous Travel Expenses
Analytical Technology,Inc. 5W59 1,063.06 Instrument Supplies
Applel Employment Service 983 11,686.60 Professional SewicesRebromary Services
Applied Industrial Technology SON 1,258.72 Repair&Maintenance Services and/or Supplies
Archie ivy,Inc SM62 3,740.00 Repair&Maintenance Services and/or Supplies
Amon Structural Engineers,Inc. 5W61 995.00 Professional Sewicesl Stmcturel Design
Abrams Instruments,L.L.C. 55863 22.34 ElectricaVElectrome Equipment,Parts&Repairs
Ashbrook Simon Hadley Operations,L.P. 56062 4,905.74 Repair&Maintenance Services and/or Supplies
Asset Management Group SM64 10,052.33 Sewer Service
AT&T 560W 245.96 Telecommunications
AT&T Long Distance. 55866 38.90 Telecommunications
AT T Mobility ll,L.L.C. 55869 200.99 Telecommunications
AT&T Universal Biller 55865 151.40 Telecommunications
ATCG Amer.Type Culture Collect %063 249.W Laboratory Services&Supplies
Awards&Trophies Company 55liN 14.99 Awards and Framing Services
Awards&Trophies Company 56064 14.94 Awards and Framing Services
Battery Specialties 55870 283.05 Bftedes,Vadous
Battery Specialties %065 493.51 Batleries,Various
Battery Systems,Inc. 55891 2,313.50 Repair&Maintenance Services and/or Supplies
Beach Wire and Cable 56066 2E8.10 Telecommunications
Best Contracting Services,Inc. 55843 46,499.00 Repair&Maintenance Services and/or Supplies
Big Tex Trailers 56069 1,283.20 Repair&Maintenance Services and/or Supplies
Butcher Anderson Realty Mgmt 55892 7,212.34 Sewer User Refund
Black B Veatch Corporation 55844 89,874.09 Professional SewiceslEngineering Design Services
Black&Veatch Corporation 56036 10,671.79 Professional SewiceslEngineedng Design Services
Bon Air,Inc. 55858 25,131.00 Construction
Boregarde Holdings,Ltd. 55893 4,999.00 Professional Organizations Meetingl9reiningWermbersM1ip
Sentence Consulting,L.L.C. 5600 1,040.00 Professional SewiceslEngineering Design Services
Brady Corporation SWISS 488.31 Tools
Brookhumt Town Center LLC 55894 4,308.91 Sewer User Refund
Brown&Caldwell 55845 218,211.11 Professional Services/Engineering Design Services
Caleb Wheatley 56191 95.00 MeetingRmining Expense Reimbursement
California Bank&Trust#201037519 SN24 16,879.88 Construction
EXHIBIT
le1210Mm Page 1 of 8 Sdys00 B
Return to America Rom
Claims Paid From W16113 to W30113
Vendor Warrant No. Amount Description
California Barricade Rentals 56070 4,800.00 Miscellaneous Services
California Dept.of Child Support 55875 2,786.85 Judgments Payable
California Municipal Statistics,Inc. SN71 500.00 Governmental Agency Fees&Charges
California Recreation Company 994 3,386.73 Boat Slip Rental-Nerissa Ocean Monitoring Vessel
California Relocation Services,Inc. 55876 1,462.50 Miscellaneous Services-Moving/Relocation
Califomia Relocation Services,Inc. 56072 112.W Miscellaneous Services-Moving/Relocation
California Truck Equipment Co. 55887 1,909.50 Autos,Trucks&Marine Equipment,Pads,Accessories&Services
Callahan Auto Information System 58073 243.00 Autos,Trucks&Marine Equipment,Paris,Accessories&Services
Cali Fullerton 5.LP 55846 W.515.67 Sewer User Refund
Cal-Therm Inc. 56074 8,153.00 Repair&Maintenance Services ani Supplies
Cameron Compression Systems SW75 449.97 Repair&Maintenance Services and/or Supplies
Campbell Window Film 58078 1,207.00 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
Campo Engineers 55847 33,917.25 Professional Services/Engineering Design Services
Camllo Enginaam 5601,1' 17,150.82 Professional Services
Cavanaugh Machine Works SW78 16,483.40 Repair&Maintenance Services and/or Supplies
Cemtek Environmental,Inc. 5587 8,583.34 CEMS Maintenance Agreement
Centre for Organization Effectiveness 56079 8,300.00 Professional Serviceethumn Resource Services
Charles P.Crowley On. SON 4,919.36 Repair&Maintenance Services and/or Supplies
Chem Search 56081 735.79 Repair&Maintenance Services and/or Supplies
Christine W.Yales 58033 556.88 MeetingrTraining Expense Reimbursement
City of Fountain Valley 55878 533.87 Water Use
City of Fullerton S5879 14.00 Water Use
City of Huntington Beach 55928 84.58 Water Use
City of Newport Beach 56139 1,266.40 Water Use
Claudia J.Their 56083 2,276.25 Professional Organizations MeetingImininglMembership
Columbia Analytical Services 560% 330.00 Laboratory Services&Supplies
Connell ChevrolehGEO 56084 502.62 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
Consumers Pipe&Supply Co. 995 1,226.39 Repair&Maintenance Services and/or Supplies
Converse Consultants 55880 31950.00 Professional ServiceslProfesumnal ServiceslMaterials&Geotechnical Testing
Copy Group Inc. 55881 2,926.15 Printing/Reprographics Services
Comer Bakery Caf6(CBC) 55882 399.94 Catering Services
Comer Bakery Cobs(CBC) SWIMS 181.98 Causing Services
Cortech Engineering 56086 3191517 Repair&Maintenance Services ani Supplies
County of Orange Auditor Controller 55883 615.00 Governmental Agency Fees&Charges
County of Orange Auditor Controller sum 870.00 Governmental Agency Fees&Charges
County of Orange Auditor Controller 56087 280.00 Govemmental Agency Fees&Charges
Court Order 55934 2,179.38 Judgments Payable
Court Order 55971 101 Judgments Payable
Court Order 56022 912.50 Judgments Payable
CR&R,Ina 56088 1,683.90 Waste Disposal
Crary&Associates 55886 463.75 Professional Servicesllnformation Technology
CS-AMSCO 56037 59,510.00 Repair&Maintenance Services and/or Supplies
CSC Parts SaleslJohnson Controls 56124 31.56 Repair Maintenance Services and/or Supplies
C-Temp International 56089 211.35 Repair Maintenance Services and/or Supplies
CW Captal 55888 8,512.48 Sewer User Refund
CW Capital LLC SM89 2,259.07 Sewer User Refund
CWEA Annual Conference 560W 128.00 Professional Organizations Meeting/raininglMembershlp
CWEA Membership 55890 700.00 Professional Organizations MeetingRainingiMembership
CWEA Membership SWIM 140.00 Professional Organizations MeetingImininglMembershm
Dale O.Henderson 56188 426.35 Judgments Payable
David Weather Pest Control,Inc. 56092 1,260.00 Pest Control Services
EX
rn1210sum Page 2 of 8 EXHIBIT B
Return to Agenda Rom
Claims Paid From W16113 to W30113
Vendor Warrant No. Amount Description
Delta Q.Inc. 55891 3,425.06 Repair&Maintenance Services and/or Supplies
Denovo Ventures LLC 55892 8,550.00 JDE Upgrade Consulting Services
Detection Instruments Corporation SM93 Mar ElectbcallElectronic Equipment,Parts&Repairs
DLT Solutions,Inc. 5W93 16,404.W Computer Applications&Services
EVE Mesa 8,LLC 55895 956.32 Sewer User Refund
Dunn-Edwams Commission 56094 102.0 Facilities,Maintenance,Services&Supplies
Electrabond 5W95 3,396.W Repair&Maintenance Services and/or Supplies
Embark Consulting,LLC Uff% 6,379.59 Professional SewiceslSCADA Software Maintenance Support
Employee Benefits Specialists,Inc. 55897 12,019.69 Reimbursed Prepaid Employee Medical&Dependent Care
Enchanter,Inc. 55898 2,280.00 Vessel Services-Monitoring Vessel Nerisse
ENS Resources,Inc. SUN 7,500.00 Professional Services-Federal Advocacy
Environ Strategy Consultants,Inc. 559M 500.00 Professional Services-Quarterly Sampling of Groundwater Monitoring Wells in the Auto
Environmental Engineering&Contracting 56096 5,478.69 Professional ServiceslSpecialry,Course Audits
Environmental Express,Inc. 56097 5,090.11 Laboratory Services&Supplies
Environmental Resource Associates Swett 1,208.42 Laboratory Services&Supplies
Environmental Sampling Supply 56098 1,344.28 Laboratory Services&Supplies
Environmental Water Solutions,Inc. 56100 18,522.00 Repair&Maintenance Services and/or Supplies
Equipment Lease/Postage Meter 55952 63.54 Neopost USA Inc.
Eros Yong 56192 405.00 MaetingRrzlning Expense Reimbursement
ESRI,Inc. 55848 28,608.98 Computer Applications&Services
Ewing Imgation 55901 487.40 Irrigation Repair&Maintenance Services and/or Supplies
Excel Door&Gate Co.,Inc. 55902 1,409.23 Repair&Maintenance Services and/or Supplies
Falschlehneq Ned 56903 2,874.46 Septic User Refund
Faviola Miranda NOW 260.18 Meetingl-raining Expense Reimbursement
Feces Corporation 559M 143.73 Freight Services
Fisher Scientific 559M 2,272.22 Laboratory Services&Supplies
Fisher Scientific 56101 1,052.26 Laboratory Services&Supplies
Fleet Services 55907 486.25 Truck Repair
Franchise Tax Board 55908 360.00 Judgments Payable
Franklin Covey 56102 42.08 Office Supplies
Fresno First Bank-ACct 100013307 56025 14,O97.65 Construction,Retention
Full Spectrum Analyses,Inc. 56103 1,295.00 Laboratory Services&Supplies
Garland Manufacturing Co. 56104 791.80 Repair&Maintenance Services andor Supplies
Gomm Callahan Company 55909 3,466.61 Chemicals,WateloWastewater Treatment
Gateway Olympia Inc 55910 8,521.n Sewer User Refund
George Yardley Co. 55912 2,774.13 Repair&Maintenance Services and/or Supplies
Gomm Daniel Wotldwide 55913 100.00 Repair&Maintenance Services andor Supplies
Gexpro 55914 1,500.00 Repair&Maintenance Services and/or Supplies
Glens Alignment&Broke Service 56915 110.00 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
Golden State Overnight Delivery Service 55916 SUN Courier Services
Golden State Overnight Delivery Service 56105 61.82 Courier Services
Golden West Window Service 55917 600.00 Facilities,Maintenance,Services&Supplies
Goodyear Tire&Rubber Company 561M 3,093.30 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
Grainger,Inc. 55918 3,164.87 Repair&Maintenance Services and/or Supplies
Grainger,Inc. 56107 3.457.Tr Repair&Maintenance Services andor Supplies
Grant Writing USA 55919 425.00 Professional Organizations,and Meeting mining Registration
Gaybar Electric Company 55920 691.64 EleMricallElectronlc Equipment,Pans&Repairs
Gaybar Electric Company Wim 17,823.01 ElechicallElectomic Equipment,Pals&Repairs
Great Western Sanitary Supplies Wing 85.7 Janitor&Household Service&Supplies
GT Hell Company 55911 2,355.11 Mechanical Paris&Supplies
Guarantee Royalties,Inc 55921 204.72 Sewer User Refund
EX
HI
Page 3 of 8 aIBnTO B
Return to Admits Rom
Claims Paid From W16113 to W30113
Vendor Warrant No. Amount Description
Hach Company 55922 8.528.58 Laboratory Services&Supplies
Handful Industrial Plastics,Inc. 55923 1,650.82 Repair&Maintenance Services antior Supplies
Harrington Industrial Plastics,Inc. 56110 203.70 Repair&Maintenance Services antior Supplies
Hayden,LLC 55924 262.68 Sewer User Refund
HDR Engineering,Inc. 55849 107,619.78 Professional Services/Engineering Design Services
Helix Electric,Inc. 56048 143,513.65 Construction
HI Standard Automotive,L.L.C. 55925 569.28 Autos,Trucks&Marine Equipment,Pads,Accessories&Servlces
Hill Brothers 977 97,046.96 Chemicals,WatedWastewater Treatment
Hill Brothers 990 45,156.26 Chemicals,WatenrWastewster Treatment
Home Depot 55926 264.83 Miscellaneous Parts and Supplies
Home Depot 56111 105.24 Miscellaneous Parts and Supplies
HPSO 56112 143.00 Professional Organizations MeetingaminagNembership
Hub Auto Supply 55927 734.69 Autos,Trucks&Marine Equipment,Pads,Accessories&Services
IDEXX Distribution,Inc. 56113 22.68 Laboratory Services&Supplies
Indiana Child Support Bureau 55929 290.00 Judgments Payable
Industrial Distribution Group 56114 44.16 Repair&Maintenance Services sill Supplies
Industrial Fabrics Corp. 56115 111069.82 Repair&Maintenance Services antior Supplies
Inorganic Ventures,Inc. 56116 51.51 Laboratory Services&Supplies
Integrated Process Technologies,Inc. 56117 20,488.03 Repair&Maintenance Services action Supplies
International Business Machines 559W 6,592.17 Computer Applications&Services
Ind.Union of Oper.Eng.AFL CIO Local 55931 51018.90 Dues Deductions
Intretek Computer,Inc. 56118 393.74 NetwnrklS.rverlPrinter Maintenance Services
Irvine Ranch Water District 55932 11.98 Water Use
J l Solutions.Inc. 56121 624.24 Laboratory Services&Supplies
Jamison Engineering Contractors,Inc. 55850 39,043.98 Professional Services/Construction Support Services
Jamison Engineering Contractors,Inc. SWISS 48,360.38 Professional ServiceslConstruction Support Services
Jays Catering 559M 1,388.90 Catering Services
Jays Catering 56122 1,411.66 Catering Services
JE Phillips Company,Inc. 56119 2,085.48 Repair&Maintenance Services antra Supplies
Jensen Instrument Co. 56123 4,125.62 ElectricallElectmnic Equipment,Pads&Repairs
JIG Tucker And Son,Inc. 56120 1,744.20 Safety,Security,Heats Equipment,Supplies,and Servlces
Johnstone Supply 56125 523.92 Repair&Maintenance Services and/or Supplies
Jorge Meoocal 561N 110.00 Merabng)Tpuning Expense Reimbursement
JP Morgan Chase Bank,NA SM39 55,527.22 Purchasing Card Program for Miscellaneous Parts and Supplies
Kelly Paper 56126 8,780.67 Once Supplies
Kemim Water Solutions 979 149,471.40 Chemicals,WaterrWastewater Treatment
Keybank Real Estate Capital 559M 3,330.44 Sewer User Refund
Kimberly C.Christensen 56186 1,478.15 MeetingRraining Expense Reimbursement
Kroll Ontreck Inc. 559M 724.21 Professional ServiceslEmployee Relations
Lear Liquidating Associates 55937 204.72 Sewer User Refund
LECO Corporation 56127 593.79 Laboratory Services&Supplies
Lee&Run Inc. 559M 4,079.50 Professional ServiceslEngineering Design Services
Lexis-Nexis 56128 8,633.00 Books&Publications On-Line
Lilia Kovac 56029 287.50 MeetingRraining Expense Reimbursement
Lillestrand and Associate. 55939 1,552.60 Professional Services
Linda Pearson Trust 55W 206.Y2 Septic User Refund
Lucas Gourmet Foods,Inc. 56129 93.75 Catering Services
MAG Systems 561W 393.92 ElectricallElectronic Equipment,Pads&Repairs
Malcolm Firms,Inc. 55941 181948.69 Professional Services/Engineering Design Services
Mallory Safety And Supply,LLC 56131 8,g61.36 Small Tools
Manleys Boiler,Inc. 55942 4,850.00 Repair&Maintenance Services and Supplies
EXHIBIT
an1210/nm Page 4 of 8 arkQ01B
Return to America Rom
Claims Paid From W16113 to W30113
Vendor Warrant No. Amount Description
Mriolouice Carlisle 55943 4,200.00 Professional Services/Human Resource Services
Marinus Scientific 55944 99.36 Laboratory Services&Supplies
Martin Enterprises 55945 2,070.01 Sewer User Refund
Maxim Security Systems 55946 1,919.07 Safely,Security,Health Equipment,Supplies,and Services
McMaster-Carr Supply Co. 996 2,379.88 Repair&Maintenance Services and/or Supplies
MCR Technologies,Inc. 56132 6,510.59 Repair&Maintenance Services and/or Supplies
Mesa Muffler 55947 426.00 Autos,Trucks&Marine Equipment,Paris,Accessories&Services
Midway Mfg.&Machining Co. 55948 3,041.28 Repair&Maintenance Services and/or Supplies
Mid-West Associates,Inc. 56133 259.30 Repair&Maintenance Services andor Supplies
Miele,Inc. 56134 424.68 Laboratory Services&Supplies
Mince Products Inc 56135 658.40 Repair&Maintenance Services author Supplies
Mine Safety Appliance 997 3,760.55 EledricaliElectronic Equipment,Pals&capture
Miscellaneous Pans and Supplies 56082 141,69 Chromate IndusNal Corp
Mission Abrasive&Janitorial Supplies Sow 509,22 Janitorial&Household Services&Supplies
Monrovla Ave.,LLC 55949 1,226.08 Sewer User Refund
Moore Medical Inc. 998 9,512,98 Medical Supplies
Morrow Meadows Corp. 56049 63423.00 Construction
MTM Recognition Cmpended 56137 706.36 Service Awards
MWH Americas,Inc. 55651 52,630.90 Professional ServlceslEngineering Design Services
National Tax Search 559W 5,669.60 Sewer User Refund
Neal Supply Co. 55951 2,557.7 Repair&Maintenance Services andor Supplies
Neal Supply Co. 56138 881.28 Repair&Maintenance Services and/or Supplies
Nasdaq,L.L.C. 56140 621.71 Pumps
Nicolas,Pierre 55954 1,359.1/ Sewer User Refund
Ninyo&Moore 55955 91041.00 Professional Servic mr3ectech&Material Testing
Ni.Sports LTD 559% 337.11 Bicycle Purchases
NRG Engine Services,L.L.C. 56141 2,265.54 Repair&Maintenance Services author Supplies
OCEA 55957 711.75 Dues Deductible
Ocean Systems 56142 2,595.14 Small Tools
O'Donnell Anaheim I,LLC 559M 6,079.47 Sewer User Refund
Office Depot 55959 1,198.91 Once Supplies
Ol Analytical 56143 2,534.97 Laboratory Services&Supplies
Olin Corporation 55852 27,769.19 Chemicals,WaterrWastewster Treatment
Olin Cameramen 561" 7,027.58 Chemicals,WaterMastewater Treatment
OneSource Distributors,Inc. 56145 20,107.34 Eledncal/Electronic Equipment,Pads&Repairs
Oade America Inc. 559N 21,713.38 Soffware Maintenance Agreement
Oade America Inc. 561" 281.93 Software Maintenance Agreement
Orange City SO JV LLC 55961 7,212.34 Severer User Refund
Orange County Sanitation District 56193 1,431.79 Petty Cash Expense
Orange County United Way 55962 40.W Employee Contributions
Orange County Water District 56147 4,000.00 GAP Water
OSTS Inc. 56148 1,9001 Professional Organizations Meeting?reiningiMemhership
Pacific Mechanical Supply 999 911.88 Repair&Maintenance Services author Supplies
PaMhouse Tire,Inc. 5590 2,867.69 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
Parkhouse Tire,Inc. 56149 432.82 Autos,Trucks&Marine Equipment,Pads,Accessories&Services
Puri Corporation 56150 3,182.26 Mechanical Pam&Supplies
PBS&J 56035 421,025.39 Professional ServlceslEngineering Design Services
Peace Officers Council of CA 55964 2,139.00 Dues Deductions,Supervisors&Professionals
Prue Viet Tan 56000 3,490.97 Septic User Refund
PL Hawn Company,Inc. 56151 5,954.14 Repair&Maintenance Services and/or Supplies
Polydyne,Inc. 978 83,393.90 Chemicals,WaterAimatewater Treatment
EX
fn1210rmn Page 5 of 8 EXHIBIT B
Return to America Rom
Claims Paid From W16113 to W30113
Vendor Warrant No. Amount Description
Port Supply 55965 35.38 Autos,Trucks&Marine Equipment,Pads,Accessories&Services
Power Bms.Machine,Inc. 56152 2,504.04 Repair&Maintenance Services and/or Supplies
Praxair Distribution,Inc. 55966 629.r Laboratory Services&Supplies
Praxair Distribution,Inc. 56153 461.81 Laboratory Services&Supplies
Pres-Tech 56154 4,590.00 Mechanical Paris&Supplies
Primmse loe Co.,Inc. 55967 105.00 Water&Its,Services
Primmse ice Co.,Inc. 56155 262.50 Water&Ice Services
Fracas Work Injury Center 55968 550.00 Medical Services
Project Management Institute 55969 164.00 Professional Organizations MeetingRreining0Mearbership
Prudential Overall Supply 984 3,001.12 Uniforms
Prudential Overall Supply 1000 1,531.27 Uniforms
Public Resources Advisory Group 561% 2,325.00 Professional SewiceslEngineering Design Services
Quickstart Intelligence 55970 4,492.00 Professional Organizations Meetinolimining0Membership
Rainin Instrument,L.L.C. 56157 322.19 Laboratory Services&Supplies
Raymond Handling Solutions,Inc. 56158 185.00 Material Handling Tools&Equipment
Realty Associates Fund Vill LP 55972 803.86 Sewer User Refund
Repair&Maintenance Services and/or Sup 55868 11325.94 AW Associates Inc.
Restek Co, 56159 615.04 Laboratory Services&Supplies
Richard A.Cashion 56026 597.75 Meeting/Training Expense Reimbursement
RMB Engineering&Sales,Inc. 561N 7,927.49 Electrical/Electronic Equipment,Pads&Repairs
RMC Water and Environment 56040 25,378.97 Professional Services
Robert C.Thompson 56031 1,221.2E MeetingRraining Expense Reimbursement
Rodney L.Collins 56027 388.88 MeetingfTaining Expense Reimbursement
Ronald O.Minor Tr 55973 3,716.66 Septic User Refund
Ronald W.Dixon Stores 2,814.46 Septic User Refund
Roto Rooter NOC811 55974 510.48 Repair&Maintenance Services andor Supplies
Royal Wholesale Electric 56161 1,899.23 Repair&Maintenance Services and/or Supplies
Royale Cleaners 55975 161.30 Miscellaneous Services
Ruben Gomez 56187 735.63 Meetalol-mining Expense Reimbursement
Rutan&Tucker L.L.P. 55976 870.57 Legal Services
Ryan McMullin 56189 1,500.15 Meeting/Tralning Expense Reimbursement
Safety-Kleen 55977 335.11 Repair&Maintenance Services and/or Supplies
Safety-Kleen 56162 450.00 Repair&Maintenance Services all Supplies
San DiegolOange Fluid System Technologi 5610 2,586.70 Repair&Maintenance Services and/or Supplies
Sancon Engineering,Inc. sun 80,419.89 Repair&Maintenance Services and/or Supplies
SCAP 55978 1,500.00 Professional Organizations MeetingnpainingiMembership Dues
SCAQMD SSW9 520.48 Governmental Agency Fees&Charges
SGS Testcom,Inc. 559M 9.30 Computer Haml and Services
Shamrock Supply Co.,Inc. Sol" 544.86 Repair&Maintenance Services and/or Supplies
Shureluck Sales&Engineering 55981 360.67 Repair&Maintenance Services and/or Supplies
Shureluck Sales&Engineering Win 352.08 Repair&Maintenance Services ani Supplies
Siemens do Jensen Instrument Co. 561N 1,661.59 ElectricallElectronic Equipment,Pads&Remains
Siemens Technology 55982 1,992.72 Air Conditioner Automation System
Sierra Instruments,Inc. 559M 121.50 Repair&Maintenance Services and/or Supplies
Sigma-Aldrich Rtc,Inc. 55984 157.60 Repair&Maintenance Services and/or Supplies
Simon L.Watson 56032 445.96 MeetingRmining Expense Reimbursement
So.Cal Gas Company 5590 9,206.61 Utilities
Son Dinh Nguyen 55953 1,115.99 Sewer User Refund
Southern California Edison 55854 243.997.34 Utilities
Sparkled-Deltas 55987 1,023,52 Miscellaneous Services
SPEXCedlpap,Inc. 569" 290.97 Laboratory Services&Supplies
fiJ210Mm EX Page 6 of 8 adiams B
Return to Aral Rom
Claims Paid From W16113 to W30113
Vander Warrant No. Amount Description
SSPC The Societyfor Protective Coating 56167 95.00 Professional OMaranathns MeetingRreiningOMembership
Stank Constmctors Inc 55856 15],940.20 Constmction
Stantec Consulting Services Inc. 56989 6,221.50 Professlonal Sail.../Sa ing
Staples 56168 1,419.W Once Supplies
STL Landscape,Inc. 5o.41 27,000.00 Construction
Stryper Technologies 55990 3,746.W Computer Hardware B Software
Summit Steel 985 2,283.TT Repair BMaintenance Services and/or Supplies
Sunny Realty B Management,Inc 55991 2,196.91 Sewer User Refund
Sure-Foot Industries Corp 55992 302.95 Repair 8 Maintenance Services amber Supplies
Surfer Enterprises 55993 625.47 Sewer User Refund
Synagro West,Inc. 56042 767,638.W Biosolids Management
TDI 559N 24,312.51 Professional Services)lMormation Technology
TekSystems 986 81000.00 Professional Services?emwrery Services
Tektronix Inc 55995 195.00 Instrument Repairs 8 Calibration Services
TestAmerica Ontario 987 2,218.00 Laboratory Services 8 Supplies
The Bolger Family Treat 55998 566.64 Sewer User Refund
The Cary Company 56169 2,395.74 Outreach Supplies
The Creative Group 55885 1,659A0 Professional Serviceaffemporary Services
The Fire X-Tinguisher Service Co. 55905 712.48 Safety,Security,Heats Equipment,Supplies,and Services
The Sow Group,Inc. 56043 41,271.31 Fuel and Lubricants
The Thane Company 56174 5,243.00 Repair B Maintenance Services amber Supplies
Thompson Industrial Supply,Inc. 988 1,531.12 Repair B Maintenance Services amber Supplies
Thompson Industrial Supply,Inc. 1001 8,663.24 RepairB Maintenance Services and/or Supplies
Time Warner Communications 56170 81.72 Telecommunications
Toshiba Business Solutions USA Inc. 55997 1,667.63 Computers,SoftwareMardware 8 Managed Services
Toshiba Business Solutions USA Inc. 56171 7,775.01 Computers,SoftwareMardware B Managed Services
To it Resource Management,Inc. 55998 3,778.44 Professional Sewicesllmplementatlon of IBM Maxim
Total-Western,Inc. 55998 8,328.14 Repair B Maintenance Services and/or Supplies
Total-Western.Inc. 56172 2,245.00 Repair&Maintenance Services amber Supplies
Tom Consulting Engineers 56173 8,233.87 Professional SewiceeEngineering Design Services
Transcat 989 428.98 RepairB Maintenance Services and/or Supplies
Tanscat 1002 99.w Repair B Maintenance Services andor Supplies
Tremor Inedremated 1003 914.12 Repair 8 Maintenance Services amber Supplies
Tropical PI..Nursery,Inc. 56001 2,200.00 Landscape Maintenance Services
Tule RanchlMagan Farms 56002 4,646.00 Biosolids Management
Tule RanchlMagan Farms 56044 309,539.84 Biosolids Management
UC Regents 56003 375.00 Treining Registration
UC Regents Santa Barham 5600'A 24,711.W Professional ServicesICCSD Ef0uent Plume Fate,Toni and Impact Study
Ultra Scienfib, 56175 70.80 Laboratory Services B Supplies
Undersea Graphics,Inc. 55855 93,000.00 Repair 8 Maintenance Services andor Supplies
Union Bank of California 56005 956.10 Banking Services
United Direct Marketing 56006 1,503.99 Courier Services
United Parcel Service 56007 130.51 Freight Services
United Parcel Service 56176 216.88 Freight Services
United States Department O(The Treasury 56008 399.86 Judgments Payable
Univar USA Inc 980 28,585.58 Chemicals,WaterhWastewater Treatment
US Peroxide,L.L.C. 56009 13,628.59 Chemicals,WatouWastewater Treatment
US Peroxide,L.L.C. 56045 13,612.51 Chemicals,WaterrWastewater Treatment
Utilities 56023 45.16 Yorba Linda Water District
Vai Wireless solo 413.13 Telecommunications
Verna L.Gwdlce SN28 214.51 Maeting?rzlning Expense Reimbursement
EX
fn1210/mn Page T of 8 dffe B m
Return to America Rom
Claims Paid From W16113 to W30113
Vardar War ant No. Amount Description
Veme's Plumbing 56011 4.787.65 Plumbing Services Supplies
Veme's Plumbing 56171` 9,825.00 Plumbing Services&Supplies
Voyager Fleet Systems,Inc. 56046 29,396.16 Autos,Trucks&Marine Equipment,Paris,Accessories&Services
MR Scientific Products SN12 3,482.08 Laboratory Services&Supplies
MR Scientific Products 56178 446.45 Laboratory Services&Supplies
W.M.Lyles Co. SH57 266,901 Construction
Walgreens Co.,No.06157-5 56013 485.64 Sewer User Refund
Wastewater Technology Trainers 56014 2,140.00 Professional Organizations MeetingTmining4dembelship
Water Education Foundation 56179 231.00 Professional OMan ration&Mastingilmning Registration
Water Environment Federation 56015 374.00 Professional Organizations Meetingfirmining4dembership
Water Environment Federation 56180 187.00 Professional 0rganivadons MeetingTralningNembershlp
Waters Corporation 56181 2,364.69 Laboratory Services&Supplies
Watt Companies 56016 782.88 Reconciliation User Fee Refund Program
Waste Sanitary Supply 56182 101.70 Janitor&Household Service&Supplies
West Lite Supply Company,Inc. 56183 84.31 Electncal/Electronic Equipment,Pads&Repairs
Western Analytical Laboratories,Inc. 56017 1,755.00 Outside Laboratory Services
White Star Pools 56018 310.00 Repair&Maintenance Services anckor Supplies
Wooddif Spindlin&Smart 56047 187,487.35 Professional Services-Legal
WPL Publishing Si 199.00 Books&Publications
WRIPAC 56185 250.00 Professional 0rgan ndons MeetingTmining4dembelship
Xerox Corporation 1004 843.22 Computers,SaMyadeMardware&Managed Services
Xpert Solutions,Inc. 56019 3,600.00 Computers,SotiwareMardware
Xyon Business Solutions,Inc. SW20 3,645.00 Professional ServicesTempoary Services
yale/Chass Materials Handling,Inc. SW21 418.26 Eledrical/Electronic Equipment,&Electric Cad Pads&Repairs
Total Accounts Payable-Warrants $ 5.349.977.77
Payroll Disbursements
Employee Paychecks 51104- 51152 $ 88,699.23 Biweekly Payroll(4/17113p
Employee Paychecks 51155 116.47 Interim Payroll-Rem,(4116113)
Employee Paychecks 51156 100.00 Interim Payroll-Reissue AMA Ck(4116/13)
Employee Paychecks 51IV- 51158 4,778.48 Interim Payroll-Terminations Reg.Hrs.(412D13)
Employee Paychecks 51159. 51160 5,911.17 Interim Payroll-Retirements Payouts(4/22/13)"
Employee Paychecks 51222- 51223 7,240.89 Interim Payroll-Resignations Reg.Has (4/25/13)
Employee Paychecks 51224- 51225 3,796.22 Interim Payroll-Resignations Payouts(4/25/13)
Employee Paychecks 51226- 51227 2,946.64 Interim Payroll-Retro(4130/13)
Direct Deposit Statements 336987-3W6 1.397.163.88 Biwaekly Payroll(4117/13)
Total Payroll Disbursements $ 1,510,742.96 •Glecknombers sl lse.enaa issare dcr psi
^ neak numbers 51161 51221 m vie son h NNre perl
Wire Transfer Payments
OCSD Payroll Taxes&Contributions $ 794,534.91 Biweekly Payroll(4117113)
Union Bank of Cel0mum 18,748.71 WOrkers'Compensation Services(4/22/13p"
Total Wire Transfer Payments $ 813,283.62 "Union Bank arse aompleand in poor palm torn puersed in wnent penal
Total Claims PaId 411 But 3-4130/13 $ 7,674,024.35
EX
lnl21e/nm Page 8 of 8 EXHIBIT B
BOARD OF DIRECTORS Needng Dare I TOBd.Or Dir.
— OS/z2/13
AGENDA REPORT em Number Item Number
3
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations and Maintenance
SUBJECT: GRIT AND SCREENINGS REMOVAL REBID,
Specification No. S-2013-559BD-R
GENERAL MANAGER'S RECOMMENDATION
A. Award a Service Contract to American Integrated Services, Inc. for Grit and
Screenings Removal Rebid, Specification No. S-2013-559BD-R, for a total
amount not to exceed $755,935.00 for the period June 10, 2013 through June
30, 2014, with four one-year renewal options; and,
B. Approve a contingency of$75,593.00 (10%).
SUMMARY
This service provides bins for the collection of grit and screening materials, the
subsequent removal of the full bins, and final disposal of the material in permitted
landfills. Grit and screening materials are continually collected as part of the preliminary
treatment process at both plants.
Purchasing/Contracts conducted a bid process based on the specifications developed
by O&M staff. Bids closed May 1, 2013, and three firms responded. Results are shown
in the Additional Information section.
A new contract must be in place prior to the expiration of the existing contract ending on
June 12, 2013.
PRIOR COMMITTEE/BOARD ACTIONS
None
ADDITIONAL INFORMATION
This contract was competitively bid with thirteen (13) prospective bidders with three (3)
bid packages being received by OCSD. The companies that bid and their total bid
amounts are listed below. Staff recommends American Integrated Services, Inc. be
awarded the contract as the lowest responsive and responsible bidder.
R.A.OW113
Page 1
BIDDER TOTAL COST
1. American Integrated Services, Inc. $ 755,935.00
2. Specialized Reuse and Recycling $ 789,825.00
3. Terra Renewal Services $ 803,805.00
CEQA
N/A
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
This recommendation complies with authority levels of the OCSD Delegation of
Authority.
Date of Aooroval Contract Amount Continaencv
05/22/13 $755,935.00 $75,593.00(10%)
ATTACHMENTS
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package and attachments:
( Draft Services Agreement (7 pages)
ET:DH:MJ:ys
R.A.0W1'3
Page 2
Return to Mende Report
SERVICE CONTRACT
Grit & Screenings and Drying Bed Material Removal Rebid
Specification No. CS-2013-559BD-R
THIS AGREEMENT is made and entered into as of the date fully executed below by and
between Orange County Sanitation District, with a principal place of business at 10844 Ellis
Avenue, Fountain Valley, CA 92708-7018 (hereinafter referred to as "OCSD") and
Company Name with a principal business at address
(hereinafter referred to as"Service Provider") collectively referred to as the"Parties".
RECITALS
WHEREAS, OCSD desires to retain the services Service Provider for Grit & Screenings and
Drying Bed Material Removal "Services"; and I
.
WHEREAS, OCSD has chosen Service Provid to conduct Services in aAdn
Purchasing Resolution No. OCSD07-04; and
WHEREAS, on — the Board of Directors of OCSD, byer,
authorized execu�i thidF s Contract between OCSD and SERVICE PROVIDER
WHEREAS, Service Provider is qualified by virtue of experience, training, and education and
expertise to accomplish such Services, 10
NOW THEREFORE, in consideration of the promises and mutual benefits exchanged between
the Parties, it is mutually agreed as follows:
1. Introduction k
1.1 This Contract and all exhibits hereto (called the "Contract') is made by OCSD and Service
Provider. The Ter and Conditions herein exclusively govern the purchase of Services as
described in the Slope of Work, attached hereto and incorporated herein by reference as
Exhibit "�
1.2 Exhibits to this Contract are incorporated by reference and made a part of this Contract as
though fully set forth at length herein. Exhibits to this Contract are as follows in order of
precedence:
Exhibit"A" Scope of Work
Exhibit"B"
Exhibit"C'
Exhibit"D"
1.3 In the event of any conflict or inconsistency between the provisions of this Contract and any
of the provisions of the exhibits hereto, the provisions of this Contract shall in all respects
govern and control.
1.4 The provisions of this Contract may be amended or waived only by a writing executed by
authorized representatives of both Parties hereto.
1.5 The various headings in this Contract are inserted for convenience only and shall not affect
the meaning or interpretation of this Contract or any Paragraph or provision hereof.
Orange County Sanitation District 1 of 7 Specification No. S-2013-559BD-R
DRAFT CONTRACT-DO NOT SUBMIT
Return to Mende Report
1.6 The term "days", when used in the Contract, shall mean calendar days, unless otherwise
noted as business days.
1.7 The term "hours", when used in this Contract, shall be as defined in Exhibit
1.8 Service Provider shall provide OCSD with all required premiums and/or overtime work at no
charge beyond the price provided under"Compensation" below.
1.9 Except as expressly provided otherwise, OCSD accepts no liability for any expenses,
losses, or action incurred or undertaken by Service Provider as a result of work performed in
anticipation of purchases of said Services by OCSD.
2. Compensation Compensation for this pro' ct shall not exceed the total amount of
and 00/00 Dollars ($�). .
3. Payments Payments shall be made up approval by OCSD Project Manager,
or his designee, of invoices submitted for Services rendered as
described in Exhibit "A". OCSD, at its sole discretion, shall be the determining party as to
whether the Services have been satisfactorily completed.
4. Invoices
i*`
4.1 OCSD shall pay within 30 days of completion and receipt and approval by OCSD Project
Manager of an itemized invoice, in a form acceptable to OCSD to enable audit of the
charges thereon. Service Provider shall not pay less than the prevailing wage, if applicable.
Invoices shall include the Purchase Order Number.
4.2 Invoices shall be emailed by Service Provider to OCSD at the following email address and
the Purchase Order number shall be referenced in the subject line: APStaffe-OCSD.com.
5. Audit Riatits Service Provider agrees that, during the term of this Contract and for a period
of three (3) years after its termination, OCSD shall have access to and the right to examine
any directly pertinent books, documents, and records of Service Provider relating to the
invoices submitted by Service Provider pursuant to this Contract.
6. Scope of Work Subje�to the terms of this Contract, Service Provider shall perform the
Services identified in Exhibit "A" and Service Provider shall perform said
Services in accordance with generally accepted industry and professional standards.
7. Modifications to Scope of Work Requests for modifications to the Scope of Work
hereunder can be made by OCSD at any time. All modifications must be made in writing and
signed by both Parties.
8. Contract Term
8.1 The Services provided under this Contract shall commence on the date identified in the
Notice to Proceed and continue through _June 30, 2014? (Date of Completion).
8.2 Final Contract Term will end on the date when replacement service provider has completed
mobilization as described in Section of Exhibit" "
9. Renewals
9.1 OCSD may exercise the option to renew the Contract for up to four (4) one-year periods
based upon the criteria set forth in the specifications, Exhibit "A", if mutually acceptable
Orange County Sanitation District 2 of 7 Specification No. 5-2013-559BD-R
DRAFT CONTRACT-DO NOT SUBMIT
Return to Mende Rom
contract terms can be negotiated. OCSD shall make no obligation to renew nor give reason
if it elects not to renew.
9.2 Renewals may be made through the OCSD Purchase Order Process.
10. Termination
10.1 OCSD reserves the right to terminate this Contract for its convenience, with or without
cause, in whole or in part, at any time, by written notice from OCSD, (delivered by certified
mail, return receipt requested) of intent to terminate. Upon receipt of a termination notice,
Service Provider shall immediately discontinue all work under this Contract (unless the
notice directs otherwise). OCSD shall thereafter, within thirty (30) days, pay Service
Provider for work performed (cost and fee) to the date of termination. Service Provider
expressly waives any claim to receive anticipated profits to be earned during the
uncompleted portion of this Contract. Such notice of,termination shall terminate this
Contract and release OCSD from any further fee, cost for claim hereunder by Serv'
Provider other than for work performed to the date of termination.
10.2 OCSD reserves the right to terminate this Contract immediately SO
determination that Service Provider is not meeting specification requirer�t at o
service is inadequate, or any other default of this Contract.
10.3 OCSD may also immedioy cancel for default of this Contract in whole or Y art by
written notice to Service Pro ider:
O if Service Provider becomes insolvent or files a petition under the Bankruptcy Act; or
O if Service Provider sells its business; or
O if Service Provider breaches any of the terms of this Contract; or
O if total amount of compensation exceeds the amount authorized under this Contract.
10.4 All OCSD property in the possession or control of Service Provider shall be returned by
Service Provider to O S p�depiand, or at the termination of this Contract, whichever
occurs firs
1p 4
11. Insurance Service Pro, er nd all subcontractors shall purchase and maintain, throughout
the life of this Contract and any periods of warranty or extensions, insurance in amounts
equal to the requirements set forth in the signed Acknowledgement of Insurance
Requirements (attached hereto and incorporated herein as Exhibit " "). Service
Provider shall not commence work under this Contract until all required insurance is
obtained in a form acceptable to OCSD, nor shall Service Provider allow any subcontractor
to commence service pursuant to a subcontract until all insurance required of the
subcontractor has been obtained. Failure to maintain required insurance coverage shall
result in termination of this Contract.
12.Indemnification and Hold Harmless Provision Service Provider agrees to save,
indemnify, defend and hold harmless OCSD against any and all liability, claims, judgments,
cost and demands, including demands arising from injuries or death of persons and damage
to property, arising directly or indirectly out of the negligence or willful misconduct of Service
Provider, its employees or agents, in relation to the rendition of services pursuant to this
Contract, except claims or litigations arising through the sole negligence or willful
misconduct of OCSD. Service Provider agrees to reimburse OCSD for any expenditure,
including reasonable attorney's fees, OCSD may incur by reason of such matters, and, if
requested by OCSD, will defend any such suits at the cost and expense of Service Provider.
Orange County Sanitation District 3 of 7 Specification No. S-2013-559BD-R
DRAFT CONTRACT-DO NOT SUBMIT
Return to Mende Report
13. Force Maieure Neither party shall be liable for delays caused by accident, Flood, acts of
God, fire, labor trouble, war, acts of government or any other cause beyond its control, but
said party shall use reasonable efforts to minimize the extent of the delay. Work affected by
a Force Majeure condition may be rescheduled by mutual consent or may be eliminated
from the Contract.
14. Performance Time is of the essence in the performance of this Contract and the provisions
hereof.
15.Independent Service Provider It is agreed that Service Provider shall act and be an
independent contractor and not an agent or employee of OCSD, and shall obtain no rights to
any benefits which accrue to OCSD'S employees.
16. Limitations upon Subcontracting and Assignment Service Provider shall not delegate
any duties nor assign any rights under this Contract without the prior written consent
OCSD. Any such attempted delegation or assignment shall be void.
17. Licenses, Permits. Ordinances and Regulations Service Provider represents and
warrants to OCSD that it has obtained all licenses, permits, qualification and approvals of
whatever nature that are legally required to engage in this work. Any and all fees required
by State, County, City and/or municipal laws, codes and/or tariffs that pertain to work
performed under the terms of this Contract will be paid by Service Provider.
18.Applicable Laws and Regulations Service Provider shall comply with all applicable
federal, state, and local laws, rules, and regulations. Service Provider also agrees to
indemnify and hold harmless from any and all damages and liabilities assessed against
OCSD as a result of Service Provider's noncompliance therewith. Any permission required
by law to be included herein shall be deemed included as a part of this Contract whether or
not specifically referenced.
19. Familiarity with Work By executing this Contract, Service Provider warrants that: 1) it has
investigated the work to be performed; 2) it has investigated the site of the work and is
aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions
of the work under this Contract. Should Service Provider discover any latent or unknown
conditions materially differing from those inherent in the work or as represented by OCSD, it
shall immediately inform OCSD of this and shall not proceed, except at Service Provider's
risk, until written instructions are received from OCSD.
20. Public Contracts Law OCSD has been advised by the Slate of California Director of
Industrial Relations of its determination of the general prevailing rate of per diem wages and
the general prevailing rate for legal holiday and overtime work in the locality in which the
work is to be performed for each craft or type of work needed to execute this Contract.
Service Provider agrees that not less than said prevailing rates shall be paid to workers
employed on this project as required by Labor Code Section 1774 of the State of California.
21. Governing Law This Contract shall be governed by and interpreted under the laws of the
State of California and the Parties submit to jurisdiction in Orange County, in the event any
action is brought in connection with this Contract or the performance thereof.
22. Dispute Resolution
22.1 In the event of a dispute as to the construction or interpretation of this Contract, or any
rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the
dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution
Orange County Sanitation District 4 of 7 Specification No. S-2013-559BD-R
DRAFT CONTRACT-DO NOT SUBMIT
Return to Mende Rom
of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be
conducted in accordance with the Commercial Mediation Rules of the American Arbitration
Contract, through the alternate dispute resolution procedures of Judicial Arbitration through
Mediation Services of Orange County ("JAMS"), or any similar organization or entity
conducting an alternate dispute resolution process.
22.2 In the event the Parties are unable to timely resolve the dispute through mediation, the
issues in dispute shall be submitted to arbitration pursuant to California Code of Civil
Procedure, Part 3, Title 9, Sections 1280 at seq. For such purpose, an agreed arbitrator
shall be selected, or in the absence of agreement, each party shall select an arbitrator, and
those two arbitrators shall select a third. Discovery may be conducted in connection with
the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05.
The arbitrator, or three arbitrators acting as a board, shall take such evidence and make
such investigation as deemed appropriate and shall rendef a written decision on the matter
in question. The arbitrator shall decide each and every dispute in accordance with the laws
of the State of California. The arbitrator's decision and award shall be subject to review for
errors of fact or law in the Superior Court for the County of Orange, with a right of appeal
from any judgment issued therein.
23. Breach The waiver of either party of any breach or violation of, or default under, any
provision of this Contract, shall not be deemed a continuing waiver by such party of any
other provision or of any subsequent breach or violation of this Contract or default
thereunder. Any breach by Service Provider to whi7or
OCSD does not object shall not
operate as a waiver of OCSD'S rights to seek Ivailable to it for any subsequent
breach.
24. Remedies In addition to other remedies available equity, if the Service Provider
fails to make delivery of the goods or Services diales its obligations under this
Contract, or if OCSD rejects the goods or Services or revokes acceptance of the goods or
Services, OCSD may (1) cancel the Contract; (2) recover whatever amount of the purchase
price OCSD has paid, and/or (3) "cover" by purchasing, or contracting to purchase,
substitute goods or Services for those due from Service Provider. In the event OCSD elects
to "cover' as described in (3), OCSD shall be entitled to recover from Service Provider as
damages the difference between the cost of the substitute goods or Services and the
contract price, together with any incidental or consequential damages.
25. Survival The provisions of this Contract dealing with Payment, Warranty, and Forum for
Enforcement, shall survive termination or expiration of this Contract.
26. Severability If any section, subsection, or provision of this Contract, or any agreement or
instrument contemplated hereby, or the application of such section, subsection, or provision
is held invalid, the remainder of this Contract or instrument in the application of such section,
subsection or provision to persons or circumstances other than those to which it is held
invalid, shall not be affected thereby, unless the effect of such invalidity shall be to
substantially frustrate the expectations of the Parties.
27. Disclosure Service Provider agrees not to disclose, to any third party, data or information
generated from this project without the prior written consent from OCSD.
28. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits
to anyone other than OCSD and Service Provider.
Orange County Sanitation District 5 of 7 Specification No. S-2013-559BD-R
DRAFT CONTRACT-DO NOT SUBMIT
Return to Mende Report
29. Damage to OCSD's Pros) Any of OCSD'S property damaged by Service Provider, any
subcontractors or by the personnel of either will be subject to repair or replacement by
Service Provider at no cost to OCSD.
30. Safety and Human Resources Policies Service Provider shall adhere to the Safety and
Human Resources Policies in [Exhibit "B" hereto or
htti)://www.orsewers.com/index.asl)x?page=38&parent=139531.
31.Attorney's Fees If any action at law or inequity or if any proceeding in the form of an
Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this
Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
32. South Coast Air Quality Management District's (SCAQMD) Requirements It is Service
Provider's responsibility that all equipment furnished and installed be in accordance with the
latest rules and regulations of the South Coast Air Quality Management District (SCAQMD).
All contract work practices, which may have associated emissions such as sandblasting,
open field spray painting or demolition of asbestos containing components or structures,
shall comply with the appropriate rules and regulations of the SCAQMD.
33. Regulatory Requirements Service Provider shall perform all work under this Contract in
strict conformance with applicable federal, state, and local regulatory requirements
including, but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, and 261, Title 22, 23, and
California Water Codes Division 2. WPOF
34. Read and Understood By signing this Contract, Service Provider represents that he has
read and understood the terms and conditions of thW Contract.
35.Authority to Execute The persons executing this Contract on behalf of the Parties warrant
that they are duly authorized to execute this Contract and that by executing this Contract,
the Parties are formally bound.
36. Entire Agreement This Contract constitutes the entire agreement of the Parties and
supersedes all prior written or oral and all contemporaneous oral agreements,
understandings, and negotiations between the Parties with respect to the subject matter
hereof.
V
Orange County Sanitation District 6 of 7 Specification No. S-2013-559BD-R
DRAFT CONTRACT-DO NOT SUBMIT
Return to Mende Rom
37. Notices All notices under this Contract must be in writing. Written notice shall be sent by
registered or certified mail, postage prepaid, return receipt requested, or by any other
overnight delivery service which delivers to the noticed destination and provides proof of
delivery to the sender. Any facsimile notice must be followed within three (3) days by written
notice. All notices shall be effective when first received at the following addresses:
OCSD: Clarice M. Marcin
Senior Contracts Administrator
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Service Provider: Comp-14 .
IN WITNESS a Parties hereto have hereunto s tSNICT
ear
indicated belo
ORANGE COUN��A
Dated:
it Board of Directors
Dated:
Clerk of the Board
Da By:
Contracts/Purchasing Manager
COMPANY
Dated: By:
Print Name and Title of Officer
IRS Employer's I.D. Number
Orange County Sanitation District 7 of 7 Specification No. 5-2013-559BD-R
DRAFT CONTRACT-DO NOT SUBMIT
BOARD OF DIRECTORS Needng Dare I TOBd.Or Dir.
— OS/22/13
AGENDA REPORT ern Number Item Number
a
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Nick Kanetis, Director of Engineering
CIP Project Manager: Eros Yong
SUBJECT: BALBOA TRUNK SEWER REHABILITATION, PROJECT NO. 547
GENERAL MANAGER'S RECOMMENDATION
Authorize the General Manager to negotiate a Professional Consultant Services
Agreement with AECOM Technical Services, Inc. for engineering support services
during construction of Balboa Trunk Sewer Rehabilitation, Project No. 5-47.
SUMMARY
Balboa Trunk Sewer Rehabilitation, Project No. 5-47, will rehabilitate the existing
Balboa Trunk Sewer along Newport and Balboa Boulevards between the A Street Pump
Station and the Lido Pump Station in the City of Newport Beach.
AECOM Technical Services has satisfactorily furnished engineering services for the
design of Project No. 5-47, and is in the best position to provide construction support
services to provide continuity through the completion of the project. The proposed
engineering services during construction will include reviewing submittals, responding to
Contractor's Requests for Information, reviewing and preparing design changes,
preparing record drawings, and assisting in closeout of the project.
This Professional Consultant Services Agreement will be presented to the Board of
Directors for approval at a future meeting. Staff is requesting authorization to negotiate
the agreement now so that contracted documents can be approved and in place prior to
the award of a Construction Contract at a future meeting.
PRIOR COMMITTEE/BOARD ACTIONS
August 2008 — Approved a Professional Design Services Agreement with AECOM
Technical Services, Inc. for providing engineering services for Balboa Trunk Sewer
Rehabilitation, Project No. 5-47, for an amount not to exceed $796,404.
ADDITIONAL INFORMATION
None.
Page 1 of 2
CEQA
Balboa Trunk Sewer Rehabilitation, Project No. 5-47, is covered by the Collection
System Program Environmental Impact Report (PEIR). An addendum to the PEIR has
been prepared for Project No. 5-47 to evaluate the project's impacts to air quality and
greenhouse gas emissions. It has been determined that this project does not have
additional impacts to the environment beyond those identified in the earlier PER.
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
This request complies with authority levels of the Sanitation District's Delegation of
Authority. This item has been budgeted (FY2012-13 Section 8, Page 8) and the budget
is sufficient for the recommended action.
EY:dm:gc
Page 2 of 2
BOARD OF DIRECTORS Meeting Dare I TOBd.Of Dir.
— OS/22/13
AGENDA REPORT em Number Item Number
s
Orange County Sanitation District
FROM: James Herberg, General Manager
Originator: Nick Arhontes, Director of Facilities Support Services
SUBJECT: QUITCLAIM AND TRANSFER THE LOCAL SEWERS IN BALL ROAD,
WALNUT STREET, KATELLA AVENUE, AND NINTH STREET TO THE
CITY OF ANAHEIM.
GENERAL MANAGER'S RECOMMENDATION
Approve a Quitclaim Sewer Transfer Agreement between Orange County Sanitation
District and the City of Anaheim transferring ownership of 15,922 linear feet of local
sewers in Ball Road, Walnut Street, Katella Avenue, and Ninth Street to the City at no
cost to OCSD, in a form approved by General Counsel.
SUMMARY
OCSD owns and operates sewers in Ball Road, Walnut Street, Katella Avenue, and
Ninth Street in the City of Anaheim which serve only a local purpose. The City
expressed an interest in acquiring these sewers and performed a thorough due
diligence process concluding that the sewers are in good condition. Ownership of these
sewers which serve only a local purpose should be transferred to the City along with all
associated property rights.
PRIOR COMMITTEE/BOARD ACTIONS
December 2009 - Five Year Strategic Plan, Business Principles Goal #7 Local Sewer
Services - Implement the Board's four recommendations base on the findings of staff's
revenue adequacy report. Continue to seek an asset transfer to other agencies. Also
transfer other local assets back to cities that are not serving a true regional purpose.
ADDITIONAL INFORMATION
The City requested the transfer of the local sewers in Ball Road, Walnut Street, Katella
Avenue, and Ninth Street. As part of their due diligence process, the City's engineering
staff requested that OCSD provide CCTV videos, full-sized record drawings, and the
hydraulic data and models for their review of these specific assets. Additionally, OCSD
provided access to multiple manholes selected by City staff for physical inspection in
each of the streets. The City has indicated that the sewers and appurtenances in Ball,
Walnut, Katella, and Ninth appear in good condition. Subsequently, City staff requested
a Quitclaim Deed to take to their Council for approval.
Page 1 of 2
The assets to be transferred consist of 36 manholes and 36 separate sewer pipeline
segments between manholes, comprising a total of 15,922 linear feet of gravity sewer
pipes. The vitrified clay pipe (VCP) sewers range between 24 and 33 inches in
diameter.
This transfer agreement will free-up OCSD Facility Support Services and Engineering
staff to focus more time and resources on the OCSD regional sewer system and will
allow the local city to provide local services as supported by their local sewer fees.
OCSD does not receive any local sewer service fees for the parcels served by these
sewers. A prior transfer of 0.5 miles of local sewers was made to the city in December
2010. Transferring local assets to local service providers is an element of our Business
Principles in OCSD's Strategic Plan.
CEQA
N/A
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
N/A
ATTACHMENTS
The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD
website(www.ocsd.com) with the complete agenda package and attachments:
( Quitclaim Sewer Transfer Agreement (5 pages)
Page 2 of 2
Return to Aaenda Report
RECORDING REQUESTED
BY AND RETURN TO
ORANGE COUNTY SANITATION DISTRICT
P.O. Box 8127
Fountain Valley,California 92728
Attn: Clark of the Board
(Space Above This Line for Recorder's Use)
Exempt from recording fee—California Government Code Section 6103
QUITCLAIM DEED BETWEEN
ORANGE COUNTY SANITATION DISTRICT AND THE CD No. 11562
CITY OF ANAHEIM
THIS QUITCLAIM DEED for the transfer of certain sewers and appurtenant facilities(hereafter,
'Quitclaim Deed') is made and entered into this day of _, 2013 by and between
Orange County Sanitation District, a public corporation, ('Grants and the City of Anaheim, a
municipal corporation("Grantee).
Grantor is a regional operator of sewage collection facilities. Grantor also Incidentally owns
certain local sewers including, but not limited to, the local sewers which are the subject of this
Quitclaim Deed. This Quitclaim Deed shall document and memonal¢e a factual understanding of
all of the facilities to be transferred to Grantee. Grantee operates a local sewage collection
system within its jurisdiction. Grantee will maintain and operate the sewers which are the subject
of this Quitclaim Deed as part of its local sewage collection system.
NOW THEREFORE BE IT RESOLVED that the Grantor and Grantee agree as follows:
1, Grant of Sewer Pipelines
Grantor does hereby grant, convey and transfer to Grantee all of its interest in all sewer
lines and appurtenant sewer facilities covered by this Quitclaim Deed (collectively,
'Facilities') owned by Grantor,which Facilities are described and depicted in Exhibit'A"
and shown visually in Exhibit 'B' , attached hereto. In the event of an apparent
discrepancy between Exhibits'A and Exhibit'B', Exhibit'A' shall control. This Quitclaim
Deed shall also convey any undedying right of way necessary to operate and maintain
the Facilities in the City of Anaheim.
2, No Warranty of Title or Condition
Grantor makes no warranty or representation of any kind regarding its title to the
Facilities, the condition of the Facilities or the suitability of the Facilities for any purpose.
Grantee has been granted an opportunity to fully inspect the Facilities and has done so.
Grantee accepts the Facilities"as is'.
3. Assignment
The benefits and burdens of this Quitclaim Deed shall be binding upon and inure to all
successors-in-interests and assigns of the parties.
nxele.i
Return to Agnnrin Reoort
4. Amendment
Any amendment of this Quitclaim Deed must be in writing, signed, and acknowledged by
the Grantor and Grantee and duly recorded in the Official Records of the County
Recorder of the County of Orange, State of California.
5. Entire Agreement
This Quitclaim Deed (including any attached exhibits) contains the entire agreement
between Grantor and Grantee regarding the subject matter of the Quitclaim Deed,
including all representations and warranties between than .
8. Notices
Notices relating to this Quitclaim Deed must be in writing and sent to the addresses set
forth below. A party may change its address for notices by giving notice as required by
this Section. A written notice will be considered given(i)when personally delivered,or(it)
two business days after deposit in the United States Mail as first class mail, certified or
registered, return receipt requested with postage prepaid, or(iii) one business day after
deposit with a reputable overnight delivery service for next business day delivery, or (Iv)
on the business day of successful transmission by electronic facsimile. The parties'
addresses for notices are as follows:
To Grantor: Orange County Sanitation District
Attn: General Manager
P.O.Box 8127
Fountain Valley,CA 92728-8127
To Grantee: City of Anaheim
Attn: Public Works Director
200 South Anaheim Boulevard
Anaheim,CA 92805-3820
8. Authority
Each party warrants that the individuals who have signed this Quitclaim Deed on their
behalf have the legal power, right and authority to make this agreement t and bind each
respective party.
IN WITNESS WHEREOF,this Quitclaim Deed has been executed by the parties hereto.
]Signatures on the following page.]
?M818.1
Return to Agenda Report
CITY OF ANAHEIM
By:
Printed Name: Tom Tail
Title: Mayor
Dale:
CITY OF ANAHEIM
APPROVED AS TO FORM: By
ANAHEIM CITYATTORNEY'S CE
Printed Name: Linda N. Andal
Title: City Clerk
Date:
ORANGE COUNTY SANITATION DISTRICT
By:
Printed Name: Troy Edgar
Title: Chair of the Board of Directors
Date:
ORANGE COUNTY SANITATION DISTRICT
By:
Printed Name: Maria Ayala
Title: Clerk of the Board
Date:
(SEWER TRANSFER AGREEMENT BETWEEN ORANGE COUNTY SANITATION DISTRICT AND THE CITY OF
ANAHEIM]
il4878.1
Return to Agwntln Rnm1H
PROPOSED ASSET TRANSFER AXNIBIT "A"
Ninth Street from NMella Avenue to Orangewood Avenue
Segment Upstream MH Downstream MH Diameter Material Sla" Length(R)
(in)
1 NHM145-0185 NHPD14S0180 24 VCP 0.004 16.00
2 NHP0145-D190 NHP0145�0175 24 VCP DON 170M
3 NHM145-0175 NHP014S0170 24 VCP (LON 206.00
4 NHM145-0170 NHP014S0165 24 VCP 0.004 565.00
5 NHP0145-0165 NHP0145-0160 24 VCP DON 544.00
6 NHP0145-DlW NHP014S0155 24 VCP 0.004 Slim
T NHPD145-0155 NHP014S-0150 24 VCP 0.004 362.00
8 NHPU14S-0150 NHM145-0145s 24 VCP 0.004 238.00
TOTAL LENGTH= 2,657.64
getella Avenue hum Walnut Street to Eudid Street
Segment Upstream MH Downstream MH Diameter Material Slope Length(N)
(in)
I NHP0145-0195 NHP0145.0290 22 VCP OAOI8 659.35
2 NHP0145.0190 NHP0145-0185 27 VCP OA038 662.34
3 NHP0145-OIM EUB0420-0030 27 VCP 0.0085 139.00
4 EUBM2D-0p30 E1.180420.0025 27 VCP 0.0085 415.20
5 EUB042D-OO25 EUM420-NN 27 VCP P 140.30
6 EUBW20-0020 EUB0420-MIS 22 VCP 0.00551 544.59
T EUB0420-0015 EUBM20-MlO 22 VCP 0.00551 99.50
8 EUR0420-MIO EU8042MOD5 22 VCP 0.00551 681.50
9 EUB0420-0005 EUB0420-D000- 22 VCP 0.0065 604.33
TOTAL LENGTH= 3,945.11
Walnut Sweet from Ball Road to Retell,Avenue
Segment Upstream MH Downstream MH Diameter Material Slope Length(R)
1 NHP0145-0270 NHPO145-0265 24 VCP 0.0053 42.72
2 NHP0145-0265 NHP0145-0260 24 VCP 0.00144 32.00
3 NHP0145-0260 NHPO145-0255 24 VCP 0.00144 350.00
4 NHP0145-0255 NHM145-0250 24 VCP 0.00148 260.00
5 NHP0145-0250 NHM145-0245 24 VCP DD0148 302.00
6 NHP0145-0245 NHP0145.0240 24 VCP 0.00148 572.5D
T NHP0145-0240 NHM145-0235 24 VCP 0.00148 460.50
8 NHPO145-0235 NHP0145-0230 24 VCp DDO148 134.50
9 NHP0145-0230 NHP0145-0225 24 VCP 0.0014E 6DO.00
10 NHM145-0225 NHP0145-0220 2] VCp 0.0014 595.00
11 NHM145-0220 NHP6145-0215 27 VCP 0.0014 179.05
12 NHM145.0215 NHP014S0210 22 VCP 0.0014 416.95
13 NHM145-D230 NHPD345-0205 2T VCP 0.0014 595.D0
14 NHPo14S-D205 NHPD14S0200 27 VCP OA014 514.00
15 NHPO1454200 NHP0145-0195 27 VCP 0.0014 340.62
TOTAL LENGTH= 5,393A4
Ball Road from Walnut Street to Eudid Street
Segment Upstream MN Downstream MN Diameter(in) National Slope Length(N)
1 NHM145-0270 EUB048-0D35 33 VCP DOD515 374.04
2 EUB005-0035 EUB0475-0030 33 VCP D.00515 466.54
3 EUB0075-0030 EUB0475-0025 33 VCP DO0515 396.60
4 EUS0475-0025 EUBO475-0020 33 VCP OA025 612.58
5 EUB0475-0020 EUB04754D15 33 VCP 0.0026 502.42
6 EUBO47S0015 EUB0475-OD10 33 VCP OOD26 6D3.08
T EU90475-0010 EUB0475-0005 33 VCP 0.00252 S94.00
8 EUBO475-0005 EUB06754000" 33 VCP 0 W252 291.58
TOTAL LENGTH= 3,92S.84
"=Manholes retained by Orange County Sanitation District as a regional sewer facility.
Return in Agnntlz Retort
O
FUF.041L,QpNi EUB0475-0005 EU804I5-0035 U'
b-f
BALL \ / ED9a]s-DD1D Eu9o4]s-oD2D To
NHP014S-D2]0
/NHP0145-0265
lr
EUB0475-0015
EUB0475.0030 NHP0145-0260 Z
O EUB0475-0025 O
NHP0145.0255
8 NHP0145.0250
NHP014S-0245
a
0 NHPo145-0240
0
NHP0145-0235
0 NHP0145-0230 \��•
00
Ub �-
CERRITOS
NHP0145-0225
cFor
O
B NHP0145-0220
O NHP0145-0215
O
NHM145-0210
0
O
NHM145-0205
0
B EU60420-0025 EUB0444030 14111`0145.0200
E1190930-00DO EU130420-0021) 1 / NHP0145-01a5
ANAAE/M EUB0420-0005 NHP0195-0180
•-.--_••^••_--w•-^••F••••.•- , / NHP0145.0195 KATELU
GARDEN GROVE \ EUS0420-0015 NHPD14$4H 5 NHP0145-01M
EUB042o-0010
0 NHP0145-0170
0 NHP0145-0165
.............
I NHP01454160
o.........-...............J NHP0146.0155
0 ..............^.........y.re
N HP0145-015U
0 Manhole Proposed for Transfer
O OCSD Manhole to be Retained
—4— Sewer Proposed for Transfer
ORANGEWOOD NHP0145ff45
d •-��^•••�••-^--•• OCSD Sewer to be Retained �••
Orange County Sanitation District
Proposed Sewer Transfers
in the City of Anaheim
.r lk-P.—d .........e... .->.,.e
o uo soo 1.000 .F�.....en�.a�Mam^eoo ariM:.m".�m oo�a�eae..-d,;.
Feat s.....zsocu m.nmm..ao�o.
e..e:.,aana EXHIBIT "B"
BOARD OF DIRECTORS meeting Date I TOBd.Or Dlr.
— OS/22/13
AGENDA REPORT Item Item Number
— 6
Orange County Sanitation District
FROM: Jim Herberg, General Manager
Lorenzo Tyner, Director of Finance and Administrative Services
SUBJECT: EXTEND STATED EFFECTIVE PERIOD OF LOCAL SANITARY SEWER
SERVICE CHARGES AND AUTHORIZE SUCH CHARGES TO BE
COLLECTED ON THE COUNTY TAX ROLL
GENERAL MANAGER'S RECOMMENDATION
A. Open hearing for proposed extension of local sewer service charges under
Health and Safety Code section 5473.1 for collection of charges on the tax roll.
B. Receive public comment.
C. Close hearing.
D. Motion to read Ordinance No. OCSD-43 by title only and waive reading of said
entire Ordinance on May 22, 2013.
C. Adopt Ordinance No. OCSD-43, an Ordinance of the Board of Directors of
Orange County Sanitation District Amending Ordinance No. OCSD-38 To
Extend The Stated Effective Period Of The Existing Local Sanitary Sewer
Service Charges For Customers Receiving Local Sanitary Sewer Service In
Former Revenue Area 7:Adopting Revised Table A Extending Stated Effective
Period Of Existing Loral Sanitary Sewer Service Charges And Revised Table
B Property Use Classifications.
D. Adopt Resolution No. OCSD 13-07, A Resolution of the Board of Directors
Directing the County Tax Collector-Treasurer to include Local Sanitary Sewer
Service Charges on the Tax Roll for Fiscal Year 2013-2014, and for Each
Fiscal Year Thereafter Unless Otherwise Amended by the Board.
SUMMARY
While the core function of the Orange County Sanitation District ("Sanitation District") is
to operate a regional network of trunk sewers that delivers wastewater generated within
its jurisdiction to the Sanitation District's treatment and disposal facilities, the Sanitation
District still maintains the local sewers of approximately 18,000 parcels located in former
Revenue Area 7. Former Revenue Area 7 encompasses portions of the City of Tustin
as well as unincorporated areas of Orange County north of the City of Tustin.
927083.1
On June 25, 2008, the Board of Directors adopted Ordinance No. OCSD-38
establishing local sanitary sewer service charges for customers receiving local sanitary
sewer service in former Revenue Area 7 in order to allow the Sanitation District to
recover the reasonable costs to provide local sanitary sewer service to individual
properties within former Revenue Area 7. The local sanitary sewer service charges are
only imposed on properties receiving local sanitary sewer services from the Sanitation
District within former Revenue Area 7. The revenues generated from the local sanitary
sewer service charges are used for (i) the acquisition, construction, reconstruction,
maintenance, and operation of the local sanitary sewer system facilities in former
Revenue Area 7, (ii) to repay principal and interest on debt instruments, and (iii) to
repay federal and state loans issued for the construction and reconstruction of said
sewerage facilities, together with costs of administration and provisions for necessary
reserves.
At the December 2012 Operations and Administration Committee meetings and the
December 2012 Board meeting, staff presented a proposed financing plan in support of
the Sanitation District's operations. The financing plan addressed the Sanitation
District's operating and capital programs for the period covering FY 2013-14 through FY
2020-21.
At the January 2013 Board meeting, staff presented the Wastewater Revenue and
Rate Study prepared by Carollo Engineering, which independently found that staffs
recommendation to increase the local sanitary sewer service charges were reasonable
based on an evaluation of the District's revenue needs, projected reserve balances and
user rate structure. However, staff is recommending that the local sanitary sewer
service charges not be increased at this time. Rather, staff recommends that the Board
take action to extend the effective period of the existing local sanitary sewer service
charges. Ordinance No. OCSD-38 sets forth a multi-year schedule of fees that ends
fiscal year 2012-2013. Without action by the Board to extend the existing fee, there will
be no authority of the District to continue charging a fee beyond fiscal year 2012-2013.
On April 24, 2013, the Board considered extending the stated effective period for the
local sanitary sewer service charges and introduced Ordinance No. OCSD-43, an
Ordinance of the Board of Directors of Orange County Sanitation District Amending
Ordinance No. OCSD-38 To Extend The Stated Effective Period Of The Existing Local
Sanitary Sewer Service Charges For Customers Receiving Local Sanitary Sewer
Service In Former Revenue Area 7: Adopting Revised Table A Extending Stated
Effective Period Of Existing Local Sanitary Sewer Service Charges And Revised Table
B Property Use Classifications. The Board also set a hearing for May 22, 2013.
The existing local sewer service charges for residential users for fiscal year 2012-2013
are $216.00 for a single family residential unit and $151.20 for a multi-family residential
unit. The proposed amendment to Ordinance No. OCSD-38 proposes to extend the
existing fees, which shall remain in effect for each fiscal year thereafter unless
otherwise amended by the Board of Directors. The proposed ordinance also revises the
property use classifications identified in Table B.
2 of4
ADDITIONAL INFORMATION
The Board of Directors last adopted a five-year rate plan in 2008 to cover the costs of
service to operate and maintain the local sanitary sewer system facilities. The
Sanitation District expects to continue and/or improve its level of service and meet
demands on its wastewater system. The Sanitation District will focus on rehabilitation
and refurbishment efforts, the general maintenance of assets and ongoing operations.
Based on an analysis of the cost-of-service for existing users and an allocation of the
costs of the Sanitation District's local sanitary sewer services to each class or customer
in proportion to the demands they place on the system, staff is recommending that the
Board not increase rates at this time, but rather, extend the effective period of the
existing local sanitary sewer service charges.
Sewer service charges are the primary revenue source of the Sanitation District, and
such charges have been adjusted in previous years to generate sufficient cash flow for
additional capital improvements and debt-service obligations. The revenues derived
from extending the effective period of the local sanitary sewer service charges will be
used to cover the cost of providing and maintaining local sanitary sewer service to
existing properties, and the existing charges represents a balanced approach that
implements a strategy of no additional debt issuances, prudent reduction of reserves
and achieving various operational efficiencies. The revenues derived from the
extension of the existing local sanitary sewer service fees do not exceed the funds
required to provide local sewer services to existing properties using the Sanitation
District's wastewater system in former Revenue Area 7, and the amount of the charge
based upon the type of use of each parcel does not exceed the proportional cost of the
service attributable to the parcel.
In addition to sewer service charges, and other proposed user rate adjustments,
existing reserves will be reduced and other cost saving measures will be implemented.
Without the use of existing reserves and other cost saving measures, rate increases
would have been required.
Collection of Charges on the Tax Roll
Section 5473 of the California Health and Safety Code provides that sanitary sewer
service charges may be collected as a separate line item on the annual property tax roll.
The District has utilized this method of fee collection since the inception of these local
sewer service fees.
The two principal benefits of this collection method are that the District does not need to
develop or fund a utility billing division, and that failure to pay these fees results in a lien
against the property, so all fees are ultimately received.
The Health and Safety Code requires a new Resolution from the District directing the
County Tax Collector to collect these fees on the tax roll.
3 of4
The County Tax Collector-Treasurer charges OCSD for an administration fee, which
includes a copy of the database, updates, and for minor programming. The County
Auditor charges OCSD, via deduction from fees collected, for the actual collection
expenses.
Schedule for Implementing Local Sanitary Sewer Service Fee Increase
151 Reading of Fee Ordinance April 24, 2013
Notice of Hearing 1st Publication May 6, 2013
Notice of Hearing 2"' Publication May 13, 2013
2n' Reading, Hearing, & Adoption of Fee Ordinance May 22, 2013
Ordinance is effective in 30 days, or in the new fiscal year July 1, 2013
Fees per parcel due to County Auditor-Controller August 12, 2013
ATTACHMENTS
The following attachment(s) may be viewed on-line at the OOSD website (www.ocsd.com) with the
complete agenda package and attachments:
( Proposed Ordinance No. OCSD-43, an Ordinance of the Board of Directors of
Orange County Sanitation District Amending Ordinance No. OCSD-38 To Extend
The Stated Effective Period Of The Existing Local Sanitary Sewer Service Charges
For Customers Receiving Local Sanitary Sewer Service In Former Revenue Area 7:
Adopting Revised Table A Extending Stated Effective Period Of Existing Local
Sanitary Sewer Service Charges And Revised Table B Property Use Classifications.
(11 pages)
( Proposed Resolution No. OCSD 13-07, A Resolution of the Board of Directors
Directing the County Tax Collector-Treasurer to include Local Sanitary Sewer
Service Charges on the Tax Roll for Fiscal Year 2013-2014, and for Each Fiscal
Year Thereafter Unless Otherwise Amended by the Board. (3 pages)
4 of4
Return to Mende Report
ORDINANCE NO. OCSD-43
AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE
COUNTY SANITATION DISTRICT AMENDING ORDINANCE NO.
OCSD-38 TO EXTEND THE STATED EFFECTIVE PERIOD OF
THE EXISTING LOCAL SANITARY SEWER SERVICE CHARGES
FOR CUSTOMERS RECEIVING LOCAL SANITARY SEWER
SERVICE IN FORMER REVENUE AREA 7.
ADOPTING REVISED TABLE A EXTENDING STATED EFFECTIVE
PERIOD OF EXISTING LOCAL SANITARY SEWER SERVICE
CHARGES AND REVISED TABLE B PROPERTY USE
CLASSIFICATIONS
WHEREAS, The former County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7,
11, 13 and 14 of Orange County, California (the "Predecessor Districts"), were
nine individual County Sanitation Districts, organized as separate "Revenue
Areas" representing distinct geographic regions pursuant to the County
Sanitation District Act (California Health & Safety Code Section 4700 et seq.).
Revenue Area 7 included unincorporated areas of Orange County and a portion
of the City of Tustin; and
WHEREAS, By action of the Board of Directors of the Predecessor
Districts, pursuant to specific legislation enacted by the California State
Legislature in 1996, an application was submitted to the Orange County Local
Agency Formation Commission to legally consolidate the nine Predecessor
Districts into one single Sanitation District for all purposes. The application was
approved, with an effective date of July 1, 1998; and
WHEREAS, As of July 1, 1998, the Predecessor Districts ceased to exist,
and one single consolidated County Sanitation District, known as the Orange
County Sanitation District ("District"), came into existence in place of the
Predecessor Districts. The District was formed to carry on the functions of the
Predecessor Districts; and
WHEREAS, The core function of the District is to operate a regional
network of trunk sewers that delivers wastewater generated within its jurisdiction
to the District's treatment and disposal facilities; and
WHEREAS, the District charges an annual regional sewer service charge
to its customers; and
WHEREAS, The District has maintained the local sewers of approximately
18,000 parcels located in former Revenue Area 7; and
921727.1
Return b Mende Report
WHEREAS, The District, as part of its maintenance and updating of its
Master Plan, undertook a comprehensive evaluation and study of its operational
and financial needs for the next 20 years, including: a detailed assessment of all
types and categories of users; the demands on the system and capacity needs of
the system to provide necessary service to the multiple categories of users; the
total costs of the existing and future facilities in the system; and alternate
methodologies for establishing fair and equitable charges to connect to and gain
access to the system. These comprehensive planning, engineering, and financial
studies led to the development of an updated Comprehensive 20-year Master
Plan of Capital Facilities, entitled "1999 Strategic Plan" ("Master Plan"); and
WHEREAS, The Master Plan, setting forth and identifying the required
future development of District Facilities, including financial projections for
providing sewer service to all properties within the District's service area, was
approved and adopted by the Board of Directors on October 27, 1999 by OCSD
Resolution No. 99-21, with updates adopted in 2002 and 2006, following a
noticed public hearing, and in compliance with the provisions of the California
Constitution and all other applicable laws; and
WHEREAS, Pursuant to Health and Safety Code section 5471, the Board
of Directors is authorized to prescribe, revise and collect fees, tolls, rates, rentals
or other charges for services and facilities furnished by the District in connection
with its sewerage system; and
WHEREAS, On June 25, 2008, the Board of Directors of the District
adopted Ordinance No. OCSD-38, establishing local sanitary sewer service
charges for customers receiving local sanitary sewer service in former Revenue
Area 7 in order to allow the District to recover the reasonable costs to provide
local sanitary sewer service to individual properties within former Revenue Area
7; and
WHEREAS, the stated effective period of the local sanitary sewer service
charges will expire at the end of fiscal year 2012-2013; and
WHEREAS, On January 23, 2013, the Board of Directors was presented
with and has reviewed the District's Wastewater Revenue and Rate Study dated
January 2013 prepared by Carollo Engineers, on file with the District, which
independently found that increases in the local sanitary sewer service charges
are appropriate and reasonable based on an evaluation of the District's revenue
needs, projected reserve balances and user rate structure; and
WHEREAS, The District has decided not to increase local sanitary sewer
service charges at this time; however, for purposes of ensuring that the District
has sufficient revenues and reserves to meet the District's obligations and
operations of the local sewer facilities in former Revenue Area 7, it is the intent,
by the adoption of this Ordinance, to extend the stated effective period of the
921727.1
Return to Mende Report
fiscal year 2012-2013 local sanitary sewer service charges identified in Table A
of Ordinance No. OCSD-38 and to update the property use classifications
identified in Table B; and
WHEREAS, Section 21080(b)(8) of the Public Resources Code states that
"the establishment, modification, structuring, or approval of rates, tolls, fares, or
other charges by public agencies which the public agency finds are for the
purpose of (A) meeting operating expenses, including employee wage rates and
fringe benefits, (B) purchasing or leasing supplies, equipment, or materials, (C)
meeting financial reserve needs and requirements, (D) obtaining funds for capital
projects necessary to maintain service within existing service areas, or (E)
obtaining funds necessary to maintain those intracity transfers as are authorized
by city charter" is not subject to CEQA; and
WHEREAS, Section 15273(a) of the California Code of Regulations states
that "CEQA does not apply to the establishment, modification, structuring,
restructuring, or approval of rates, tolls, fares, or other charges by public
agencies which the public agency finds are for the purpose of: (1) Meeting
operating expenses, including employee wage rates and fringe benefits, (2)
Purchasing or leasing supplies equipment, or materials, (3) Meeting financial
reserve needs and requirements, (4) Obtaining funds for capital projects,
necessary to maintain service within existing service areas, or (5) Obtaining
funds necessary to maintain such intra-city transfers as are authorized by city
charter'; and
WHEREAS, pursuant to Health and Safety Code sections 4766 and 5473,
the Board of Directors is authorized to elect to have the proposed local sanitary
sewer service charges collected on the tax roll in the same manner, by the same
persons, and at the same time as, together with and not separately from, its
general taxes; and
WHEREAS, pursuant to Health and Safety Code section 5473.1, on May
6, 2013, and again on May 13, 2013, Notice of the Public Hearing regarding the
proposed local sanitary sewer service charges and the election to have such
charges collected on the tax role, which included the date, time and location of
the hearing, was published in The Orange County Register, a newspaper of
general circulation within the District published in the county where the District is
located; and
WHEREAS, on Wednesday, May 22, 2013 at 6:30 P.M., in the District's
Boardroom on the first floor of its Administration Building located at 10844 Ellis
Avenue, Fountain Valley, California, the District held a properly noticed public
hearing in order to receive and consider comments, including objections,
concerning the proposed extension of the stated effective period of the local
sanitary sewer service charges and the election to have such charges collected
on the tax roll; and
921727.1
Return to Mende Report
WHEREAS, the Board of Directors has carefully reviewed the Wastewater
Revenue and Rate Study dated January 2013, and has considered the public
and Board comments, and the oral and written presentation by the District's staff
and consultants made at the May 22, 2013 public hearing, as well as any written
public comments.
NOW, THEREFORE, the Board of Directors of the Orange County
Sanitation District does hereby ORDAIN:
Section I. Findings. Based upon substantial evidence presented to
the Board of Directors, the Board of Directors of District hereby adopts the
following Findings supporting the extension of the existing fees adopted pursuant
to this Ordinance. The Board of Directors hereby finds:
A. That the extension of the effective period of the local sanitary
sewer service charges as identified in Table A herein is appropriate and ensures
adequate revenues to finance the acquisition, construction, reconstruction,
maintenance, and operation of the local sewer system facilities of the District,
and to retire any necessary or prudent debt incurred to finance such
improvements in a reasonable manner and over a reasonable period of time.
B. That the revenues derived under the provisions of this
Ordinance will be used for (i) the acquisition, construction, reconstruction,
maintenance, and operation of the local sanitary sewer system facilities of the
District, (ii) to repay principal and interest on debt instruments, and (iii) to repay
federal and state loans issued for the construction and reconstruction of said
sewerage facilities, together with costs of administration and provisions for
necessary reserves.
C. That the local sanitary sewer service charges established by
this Ordinance are reasonably related to, and do not exceed the funds required
to provide the property-related sewer services, and shall herein be levied on
each parcel to allow the District to recover the reasonable costs to provide a
service to individual properties which have been improved for different types of
uses.
D. That the basis for the respective charge is not based on
potential or future use, but rather, is based upon the request of the owner of
property or a structure thereon, for the benefit of him/her/itself, or the occupants
of the property, to receive a service for actual use, consumption, and disposal of
water to the District's system in lieu of disposal by other means.
E. That the revenues derived from the local sanitary sewer
service charges shall not be used for any purpose other than that for which the
charge is imposed.
921727.1
Return to Mende Report
F. That the local sanitary sewer service charges established by
this Ordinance are not imposed as a condition of approval of a development
project, as defined in California Government Code Section 66001, and do not
exceed the proportional cost of the sewer service attributable to the parcel for
which the fee is levied, as provided in California Constitution Article XIIID,
Section 6(b).
G. That the local sanitary sewer service charges established
herein are an extension of existing fees, and are not a new or increased fee or
charge. Therefore, the procedural requirements of Califomia Constitution Article
XIIID, section 6(a) do not apply.
H. That the local sanitary sewer service charges adopted herein
will not result in an expansion of facilities to provide for growth within or outside
the existing service area. The adoption of these local sanitary sewer service
charges will not result in any specific project, nor result in a direct physical
change in the environment.
I. That the Board of Directors is adopting the local sanitary
sewer service charges herein to (i) meet operating expenses, (ii) purchase or
lease supplies, equipment, or materials, (iii) meet financial reserve needs and
requirements, and (iv) obtain funds for capital projects necessary to maintain
service within former Revenue Area 7. Therefore, the Board finds and
determines, based upon substantial evidence, that the establishment of the local
sanitary sewer service charges are statutorily exempt from CEQA, pursuant to
Section 21080(b)(8) of the Public Resources Code and Section 15273(a) of the
California Code of Regulations.
J. That all fees and charges established herein have been
approved by the District's Board of Directors at a noticed public meeting, all in
accordance with applicable provisions of law.
Section II. Amendments.
A. Section 2.02 of Ordinance No. OCSD-38 is hereby deleted,
effective June 30, 2013, in its entirety and replaced, effective July 1, 2013, with
the following:
"Section 2.02. Annual Local Sewer Service Charge.
Commencing with the effective date of this Ordinance, the
owner of each parcel of real property located within the local
sewer service area operated and maintained by the District
which is improved with structures designed for residential,
commercial, or industrial use and which, at the request of the
owner or the owner's predecessor-in-interest, is connected to
921727.1
Return b Mende Report
the District's system, shall pay an annual Local Sewer Service
Charge based on the respective class of users, in the sum or
sums, as set forth in Tables A and B of this Ordinance, below.
The annual Local Sewer Service Charges for residential users
are set forth in Table A. The last Local Sewer Service Charge
identified for fiscal year 2012-13 in Table A shall be extended
and shall remain in effect for each fiscal year thereafter unless
otherwise amended by the Board of Directors The applicable
single family residential rate shown in Table A is multiplied by
the applicable percentage figure shown on Table B with respect
to the particular use classification to arrive at the annual Local
Sewer Service Charge rate per 1,000 square feet for the
commercial or industrial user. The annual Local Sewer Service
Charges for commercial or industrial users are dependent upon
the respective classifications of property use, determined by
reference to Table B."
B. Table A of Ordinance No. OCSD-38 is hereby deleted,
effective June 30, 2013, in its entirety and replaced, effective July 1, 2013, with
the following:
"TABLE A
ANNUAL LOCAL SEWER SERVICE CHARGES
RESIDENTIAL USERS
YEAR 2008-09 2009-10 2010-11 2011-12 2012-13**
SFR* $199.00 $204.00 $208.00 $212.00 $216.00
MFR $139.30 $142.80 $145.60 $148.40 $151.20
SFR = SINGLE FAMILY RESIDENTIAL
MFR = MULTI FAMILY RESIDENTIAL
* The SFR fee is the minimum local sewer service charge any user must pay.
** The charges identified for 2012-13 shall continue and remain in effect for each
fiscal year thereafter unless otherwise amended by the Board of Directors."
C. Table B of Ordinance No. OCSD-38 is hereby deleted,
effective June 30, 2013, in its entirety and replaced, effective July 1, 2013, with
the following:
921727.1
Return to Mende Report
TABLE B
ANNUAL LOCAL SEWER SERVICE CHARGES
PROPERTY USE CLASSIFICATIONS
Percentage of SFR
Assessor Use Code Description Per 1.000 SF or Unit
1 VACANT LAND PARCEL 0%
5 COMMON AREA PARCEL 0%
6 "HOLD" PARCEL 0%
8 EQUIV TO VACANT 0%
121 PARCEL OF MINIMAL OR NO VALUE 0%
122 SUBSURFACE PARCELS 0%
124 OILIMINERAL RIGHTS 0%
125 MINERAL RIGHTS EQUIPMENT 0%
126 VACANT COMMON AREA-IMP ALLOC 0%
201 HOME OWNERS EXEMPTION ADD'N 0%
666 UNASSIGNED VACANT 0%
777 SEPTIC TANK PROPERTY 0%
112 STEEL BUILDING 5%
113 MINI-WAREHOUSE 5%
58 NURSERIES (PLANTS) 9%
100 DRIVE-IN THEATER 9%
110 WAREHOUSE- SINGLE TENANT 11%
111 WAREHOUSE- MULTI TENANT 11%
115 RECREATIONAL VEHICLE STORAGE 11%
116 TRUCKTERMINAL 11%
44 LUMBERICONSTR MATL YARD 18%
71 PARKING GARAGE 18%
72 PAVED PARKING LOT 18%
33 CHURCH BUILDINGS 20%
94 DEPARTMENT STORE 22%
95 DISCOUNT STORE 22%
96 UNATTACHED SINGLE STORE 22%
97 STRIP STORE 22%
74 RECREATION VEHICLE PARK 23%
225 UNITED STATES POST OFFICE 28%
107 LIGHT INDUSTRIAL- SINGLE TENANT 30%
108 LIGHT INDUSTRIAL- MULTI TENANT 30%
109 RESEARCH AND DEVELOPMENT 30%
114 INDUSTRIAL PARK 30%
921727.1
Return b Aaenda Report
40 HEALTH CLUB 33%
88 LOW DEMAND CENTER 36%
36 FINANCIAL BUILDINGS 39%
68 HIGH RISE OFFICE 39%
21 AUTOMOBILE DEALERSHIP 39%
22 AUTO REPAIR SHOP 39%
23 AUTOMOTIVE SERVICE 39%
24 USED CAR LOT 39%
39 GOLF COURSE 39%
57 MOTORCYCLE/SMALL VEHICLE BLDG 39%
83 AUTOMOTIVE SERVICE STATION 39%
84 MARINE SERVICE STATION 39%
86 COMBIN:SERVICE STN/CONVIENCE MKT 39%
65 SINGLE OFFICE BLDGS TO 3 STORIES 40%
66 SMALL OFFICE CENTER 40%
67 OFFICE COMPLEX 40%
69 CONVERTED RESIDENCE TO OFFICE 40%
85 COMBIN: SERV STN/RESTAURANT 42%
48 CONVENIENCE MARKET 44%
37 FRATERNAL BUILDINGS 49%
101 UNATTACHED THEATER 49%
7 MOBILEHOME 50%
55 MOBILE HOME PARK 52%
26 AIRPORT AND RELATED 56%
45 MARINAS 56%
32 CEMETERY& RELATED 56%
38 FUNERAL HOME 56%
3 TWO OR MORE SFR 70%
10 DUPLEX ONLY 70%
11 TRIPLEX ONLY 70%
12 04-UNITS ONLY 70%
13 5 TO 16 UNITS 70%
14 17 TO 25 UNITS 70%
15 26-40 UNITS ONLY 70%
16 41-99 UNITS ONLY 70%
17 100 OR MORE UNITS 70%
18 A MIX OF FORMS 70%
19 SFR WITH 1 OR 2 RENTALS 71%
4 MISC IMPROVEMENT 71%
28 BOWLING ALLEYS 71%
92 SKATING RINKS 71%
118 GOVERNMENTAL USE 79%
81 PRE-SCHOOLS, NURSERY OR CARE 80%
82 PRIVATE SCHOOLS 80%
98 STORE WITH OFFICES OR LIV QTR 80%
92t927.t
Return b Aaenda Report
99 STORE W/OFFICE UPSTAIRS 80%
47 SUPERMARKET 84%
89 AVERAGE DEMAND CENTER 92%
34 DORMITORY 99%
61 CONVALESCENT HOSPITALS 99%
42 HOSPITAL 100%
2 ONE RESIDENCE 100%
103 CHEMICAL TANK AND BULK STORAGE 100%
104 FOOD PROCESSING PLANT 100%
105 COLD STORAGE PLANT 100%
106 FACTORY 100%
119 PUBLIC UTILITY 100%
120 WATER MUTUAL OR COMPANY 100%
888 CONVERSION-COMPOSITE PROP 100%
60 NURSING HOME 103%
62 CONVERTED RES USED AS NURSING 103%
63 LOW RISE RETIREMENT BUILDING 108%
64 HIGH RISE RETIREMENT BUILDING 108%
43 HOTEUMOTEL 109%
56 HOTEUMOTEL 109%
50 SINGLE MEDICAL BLDGS TO 3 STORIES 118%
51 SMALL MEDICAL CENTER 118%
52 MEDICAL CENTER COMPLEX 118%
53 HIGH RISE MEDICAL 118%
54 CONVERTED RESIDENCE TO MEDICAL 118%
20 AMUSEMENT PARKS 138%
35 ENTERTAINMENT CENTER 138%
73 RECREATION 138%
224 NIGHTCLUB 146%
90 HIGH DEMAND CENTER 149%
76 RESTAURANT— LOW DEMAND 212%
30 COIN OPERATED CAR WASH 252%
77 RESTAURANT- COFFEE SHOP 424%
78 RESTAURANT - DINNER HOUSE 424%
79 RESTAURANT - CONVERSION FROM SFR 424%
29 CONVENTIONAL CAR WASH 1425%
223 LAUNDROMAT 1563%
NOTE: Multiply the Table A Single Family Residential Rate by the percentage figure above
in order to determine the rate per 1,000 square feet for the commercial or industrial user."
Section III. Collection of Fees.
A. Pursuant to the authority granted by California Health &
Safety Code Section 5473, and except as otherwise provided in Subparagraph B
below, all local sewer service charges established herein shall be collected on
ninzt
Return b Mende Report
the County Tax Roll in the same manner, by the same persons, and at the same
time as, together with, and not separately from, its general taxes. The County
Tax Collector is authorized and hereby ordered to make said collections in
accordance with the terms and conditions of agreements between the County of
Orange and the District.
B. In the event District determines that, due to billing or
payment error, or to inequity in the amount billed, a property owner has
underpaid annual Local Sewer Service Charges payable to District, District,
within four (4) years after the date of mailing of the tax bill, may:
(1) collect the amount of any deficiency directly on the
County Tax Roll;
(2) off-set the amount of any deficiency against any
amounts that District determines is owing, by District, to the property owner, as a
rebate or refund under this Ordinance; or
(3) submit, directly to the property owner, a bill for the
amount of any deficiency, which shall be due and payable within thirty (30) days
of the invoice date and which, if not paid, shall become a lien on said property.
Section IV. Effect of Amendment. Except as expressly amended in Section
II herein and to the extent they have been expressly superseded herein, no other
amendments, changes, or modifications are being made to the remaining
portions of Ordinance No. OCSD-38. The remaining findings and provisions set
forth in Ordinance No. OCSD-38, or portions thereof, not superseded herein shall
continue in full force and effect.
Section V. Severability. If any provision of this Ordinance, or the application to
any person or circumstances is held invalid by order of Court, the remainder of
the Ordinance, or the application of such provision to other persons or other
circumstances, shall not be affected.
Section VI. Effective Date. This Ordinance shall take effect July 1, 2013.
Section VII. Certification and Publication. The Clerk of the Board shall certify
to the adoption of this Ordinance, and shall cause a summary to be published in
a newspaper of general circulation as required by law.
921727.1
Return to Mende Report
PASSED AND ADOPTED by a vote of not less than twothirds of the Board of
Directors of the Orange County Sanitation District at a Regular Meeting held May
22, 2013.
TROY EDGAR,
CHAIR, BOARD OF DIRECTORS
ORANGE COUNTY SANITATION DISTRICT
ATTEST:
MARIA AYALA
CLERK OF THE BOARD
ORANGE COUNTY SANITATION DISTRICT
BRADLEY R. HOGIN
GENERAL COUNSEL
921727.1
Return to Mende Report
RESOLUTION NO. OCSD 13-07
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT DIRECTING THE
COUNTY TAX COLLECTOR-TREASURER TO INCLUDE LOCAL
SANITARY SEWER SERVICE CHARGES ON THE TAX ROLL
FOR FISCAL YEAR 2013-2014, AND FOR EACH FISCAL YEAR
THEREAFTER UNLESS OTHERWISE AMENDED BY THE
BOARD.
The Board of Directors of the Orange County Sanitation District ('District')
does hereby find:
A. On May 22, 2013, the Board of Directors adopted Ordinance No.
OCSD-43, An Ordinance of the Board of Directors of Orange County Sanitation
District Amending Ordinance No. OCSD-38 To Extend The Stated Effective
Period Of The Existing Local Sanitary Sewer Service Charges For Customers
Receiving Local Sanitary Sewer Service In Former Revenue Area 7: Adopting
Revised Table A Extending Stated Effective Period Of Existing Local Sanitary
Sewer Service Charges And Revised Table B Property Use Classifications.
B. By adoption of Ordinance No. OCSD-43, the Board of Directors
elected to (i) extend the effective period of local sanitary sewer service charges,
(ii) continue to adopt, impose, and collect rates and charges for local sanitary
sewer services provided by the District, and (III) correspondingly established
procedures related thereto.
C. California Health & Safety Code section 5473 provides that such
charges, as adopted by District Ordinance No. OCSD-43, may be collected on
the County tax roll in the same manner, by the same persons, and at the same
time as, together with, and not separate from, its general taxes.
D. The charges established by Ordinance No. OCSD43 reflect an
allocation of the costs of operation and maintenance of the local sanitary sewer
system, such that the charges do not exceed the estimated reasonable costs to
provide the wastewater collection, treatment, and disposal services and facilities,
and the revenues received are not used for any other purpose.
E. Pursuant to California Constitution Article XIIID (Proposition 218),
sanitary sewer service charges constitute charges for property-related services.
The local sanitary sewer service charges set by Ordinance No. OCSD43 comply
with the provisions of Article XIIID, in that they do not exceed the cost to the
District to provide the local service and facilities.
F. The District provided notice as required by Health and Safety Code
section 5473.1, and held a public hearing on May 22, 2013, at which time the
9270%.l 1
Return b Mende Report
Board received and considered all comments and protests related to the
collection of the fees on the tax roll.
NOW, THEREFORE, the Board of Directors of Orange County Sanitation
District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER:
Section 1: That the rates and charges set forth in Ordinance No.
OCSD-43 are affirmed herein by the Board of Directors, as consistent with the
findings hereinabove stated, for Fiscal Year 2013-2014, and for each fiscal year
thereafter unless otherwise amended by the Board, in the following amount:
Annual Local Sanitary Sewer Service User Fees
Residential Users
FISCAL YEAR 2013-14, and for each fiscal year thereafter.
SFR $216.00
MFR $151.20
SFR = Single Family Residential
MFR = Multi-Family Residential
Section 2: That pursuant to California Health & Safety Code Section
5473, the Board hereby elects and directs the County Tax Collector-Treasurer to
include local sanitary sewer service charges, as adopted by Ordinance No.
OCSD-43, on the tax roll, in the same manner, by the same persons and at the
same time as, together with, and not separately from, the general taxes; and that
such local sanitary sewer service charges be included in the annual property tax
bills for Fiscal Year 2013-2014, and for each fiscal year thereafter unless
otherwise amended by the Board.
Section 3: That pursuant to California Health & Safety Code Section
5473, this Resolution shall remain in full force and effect until amended or
repealed, or until such time as the rates of local sanitary sewer service charges,
as established by Ordinance No. OCSD43, are changed by the Board.
Section 4: That the General Manager, or his designee, be, and is
hereby authorized and directed, to execute any necessary documents or
agreements to affect the order set forth in Section 2 herein.
Section 5: That the provisions of any Resolution(s) previously adopted
by the Orange County Sanitation District that are in direct conflict with the
provisions of this Resolution No. 13-07 are hereby superseded.
9270".1 2
Return b Mende Report
Section 6. That the General Manager, or his designee, is hereby
authorized to forward a copy of this Resolution to the Orange County Tax
Collector-Treasurer.
PASSED AND ADOPTED at a regular meeting held May 22, 2013.
Troy Edgar
Chair, Orange County Sanitation District
ATTEST:
Maria Ayala
Clerk of the Board
927090.1 3
OPERATIONS COMMITTEE Needng Dare TOBd.Or W.
05/01/13 OS/22/13
AGENDA REPORT Item Item Number
2 9
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Nick Kanetis, Director of Engineering
Project Manager: Terry Krie, Senior Construction Inspector Supervisor
SUBJECT: CORROSION TESTING SERVICES
GENERAL MANAGER'S RECOMMENDATION
Approve Amendment No. 1 to the Professional Services Agreements with V&A
Consulting Engineers, Inc., and CSI Services, Inc., providing for on-call Coatings
Inspection, Corrosion Testing, and Confined-Space Entry Services for Collection
System and Treatment Plant Projects, extending the contract period from July 1, 2013
to August 31, 2013.
SUMMARY
The Orange County Sanitation District (Sanitation District) uses outside Consultants for
coatings inspection, corrosion testing, and confined space entry services in support of
Capital Improvement and Maintenance Projects during the planning, design, and
construction of facilities both inside the plants and for the collection systems. These
Consultants are utilized in inspection and root cause analysis for areas showing
corrosion, inspection of newly coated structures and mechanical systems, and provide
their own access to confined space areas. These corrosion Consultants are
responsible for taking samples, performing material testing/analysis, and performing
other related tasks as directed by staff.
The existing agreement with V&A Consulting Engineers, Inc. and CSI Services, Inc. is
scheduled to expire on June 30, 2013.
To effectively maintain a smooth bid process, as well as maintaining material testing
and geotechnical investigation services, staff recommends an extension of the
agreement to August 31, 2013 to ensure an ample amount of time is allowed to update
the technical and evaluation requirements, and send out Requests for Proposals for
new professional services agreements. This time extension will be made at no change
to the cost of the existing agreements.
This is an extension of time only without an increase to the contract amount.
Page 1 of 2
PRIOR COMMITTEE/BOARD ACTIONS
May 2010 — Board of Directors approved a three-year Professional Services Agreement
with V&A Consulting Engineers, Inc. and CSI Services, Inc. providing for on-call
Coatings Inspection, Corrosion Testing, and Confined-Space Entry Services for
Collection System and Treatment Plant Projects, in an amount not to exceed $400,000.
ADDITIONAL INFORMATION
There are sufficient funds in the individual project budgets that require these services,
but the current agreement expires on June 30, 2013. This amendment will extend the
agreement through August 31, 2013, with no charge to the cost of the agreement.
Sanitation District staff will use these Consultants on an as-needed basis only. The
total agreement cost is not guaranteed nor is it paid to the Consultant if their services
are not used.
CEQA
N/A
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
This Professional Services Agreement complies with authority levels of the Sanitation
District's Delegation of Authority and the budget is sufficient for this recommended
action. These funds are included in the individual project budgets that require these
services.
NK:TC:dm:gc
Page 2 of 2
OPERATIONS COMMITTEE Meeth,Dale TOBd 011Di,.
0 101113 OS/22/13
AGENDA REPORT Item Number Item Number
3 30
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Nick Kanetis, Director of Engineering
Project Manager: Terry Krie, Senior Construction Inspector Supervisor
SUBJECT: GEOTECHNICAL TESTING SERVICES
GENERAL MANAGER'S RECOMMENDATION
Approve Amendment No. 1 to the Professional Services Agreements with Ninyo &
Moore, and Converse Consultants, providing for on-call Materials Testing, Inspection,
and other Geotechnical Testing Services for Collection System and Treatment Plant
Projects, extending the contract period from July 1, 2013 to August 31, 2013.
SUMMARY
The Orange County Sanitation District (Sanitation District) uses outside Consultants for
material testing and geotechnical investigation services in support of Capital
Improvement and Maintenance Projects during the planning, design, and construction of
facilities both inside the plants and for the collection systems. The Scope of Work
includes taking samples, laboratory and field, material testing, geotechnical testing, and
analysis.
The existing agreement with Ninyo & Moore and Converse Consultants is scheduled to
expire on June 30, 2013.
To effectively maintain a smooth bid process, as well as maintaining material testing
and geotechnical investigation services, staff recommends an extension of the
agreement to August 31, 2013 to ensure an ample amount of time is allowed to update
the technical and evaluation requirements, and send out the Requests for Proposals for
new professional services agreements. This time extension will be made at no change
to the cost of the existing agreements.
This is an extension of time only without an increase to the contract amount.
PRIOR COMMITTEE/BOARD ACTIONS
May 2010 — Board of Directors approved a three-year Professional Services Agreement
with Ninyo & Moore and Converse Consultants, providing for on-call Materials Testing,
Inspection, and other Geotechnical Testing Services for Collection System and
Treatment Plant Projects, in an amount not to exceed $300,000.
1 of 2
ADDITIONAL INFORMATION
There are sufficient funds in the individual project budgets that require these services,
but the current agreement expires on June 30, 2013. This amendment will extend the
agreement through August 31, 2013, with no change to the cost of the agreement.
Sanitation District staff will use these Consultants on an as-needed basis only. The
total agreement cost is not guaranteed nor is it paid to the Consultant if their services
are not used.
CEQA
N/A
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
This Professional Services Agreement complies with authority levels of the Sanitation
District's Delegation of Authority and the budget is sufficient for the recommended
action. These funds are included in the individual project budgets that require these
services.
NK:TC:dm:gc
2 of
OPERATIONS COMMITTEE Meeth,Dale TOBd 011Di,.
0 101113 Os/22/13
AGENDA REPORT Item Number Item Number
4 11
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Nick Kanetis, Director of Engineering
Project Manager: Terry Krie, Senior Construction Inspector Supervisor
SUBJECT: SURVEYING SERVICES
GENERAL MANAGER'S RECOMMENDATION
Approve Amendment No. 1 to the Professional Services Agreements with Stantec
Consulting, and Bush and Associates, providing for on-call Surveying Services for
Collection System and Treatment Plant Projects, extending the contract period from
July 1, 2013 to August 31, 2013.
SUMMARY
The Orange County Sanitation District (Sanitation District) uses outside Consultants for
surveying services in support of Capital Improvement and Maintenance Projects during
the planning, design, and construction of facilities both inside the plants and for the
collection systems. These licensed surveying companies are responsible for locating
the position of new facilities, checking placement of underground facilities, and
performing other varied tasks as directed by staff.
The existing agreement with Stantec Consulting and Bush and Associates is scheduled
to expire on June 30, 2013.
To effectively maintain a smooth bid process, as well as maintaining material testing
and geotechnical investigation services, staff recommends an extension of the
agreement to August 31, 2013 to ensure an ample amount of time is allowed to update
the technical and evaluation requirements, and send out Requests for Proposals for
new professional services agreements. This time extension will be made at no change
to the cost of the existing agreements.
This is an extension of time only without an increase to the contract amount.
PRIOR COMMITTEE/BOARD ACTIONS
May 2010 — Approved a three-year Professional Services Agreement with Stantec
Consulting and Bush and Associates, providing for on-call Surveying Services for
Collection System and Treatment Plant Projects, in an amount not to exceed $200,000.
Page 1 of 2
ADDITIONAL INFORMATION
There are sufficient funds in the individual project budgets that require these services,
but the current agreement expires on June 30, 2013. This amendment will extend the
agreement through August 31, 2013, with no change to the cost of the agreement.
Sanitation District staff will use these Consultants on an as-needed basis only. The
total agreement cost is not guaranteed nor is it paid to the Consultant if their services
are not used.
CEQA
N/A
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
This Professional Services Agreement complies with authority levels of the Sanitation
District's Delegation of Authority and the budget is sufficient for the recommended
action. These funds are included in the individual project budgets that require these
services.
NK:TC:dm:gc
Page 2 of 2
OPERATIONS COMMITTEE Meeting Date TOBA.MDir.
05/01/13 05/22/13
Item AGENDA REPORT Numb er Item Number
s
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Nick Kanetis, Director of Engineering
Project Manager: Ted Vitko
SUBJECT: ODOR MASTER PLAN — ODOR MONITORING INVESTIGATION BY
ALS ENVIRONMENTAL AND UCLA
GENERAL MANAGER'S RECOMMENDATION
A. Approve a Sole Source Agreement with ALS Environmental for the purpose of
collecting and analyzing foul air samples at locations at both the Orange County
Sanitation District (OCSD) treatment plants, in separate events, for a total
amount not to exceed $282,776, plus any applicable taxes or sample shipping
fees;
B. Approve a contingency of$14,139 (5%);
C. Approve a Sole Source Agreement with the University of California, Los Angeles
for the purpose of analyzing foul air samples by the Odor Profile and Odor Wheel
Methods at 34 different locations at both OCSD treatment plants during the warm
months of 2013, for a total amount not to exceed $134,618; and
D. Approve a contingency of$6,731 (5%).
SUMMARY
The Odor Control Master Plan (SP-166) is expected to be completed by December
2014 and will provide the basis for a cost analysis for alternative Level of Service for
plant odor treatment. The Five-Year Strategic Plan adopted in November 2012 called
for this Master Plan effort to validate the scope, priority, and measurement approach to
odor. In order to accomplish this, staff will approach the project in three phases; an
odor monitoring investigation phase, an odor modeling phase, and a report-writing
phase. This request involves the first phase, the odor monitoring investigation.
The odor monitoring investigation will help measure the effectiveness of the existing
odor control facilities and determine if additional facilities or technologies are needed.
The results could potentially affect several tens of millions of dollars in future projects.
For this reason in this first phase, all major odorous processes at both treatment plants
will be sampled and sent to certified laboratories for the analysis of specific odorants
and other sensory tests. The odorous processes will be sampled four separate times in
order to help establish a sound statistical analysis of the results.
ALS Environmental is the only known certified laboratory in Southern California
equipped to analyze the wide range of odorants required for this project.
Page 1 of 3
ALS Environmental will include the services of two teams of experienced sample
technicians equipped with state-of-the art sampling apparatus and trained in chain of
custody methodology that will ensure accurate and representative results.
ALS Environmental will also include the services of Dr. Irwin Suffet of the University of
California, Los Angeles (UCLA) Institute of the Environment and Sustainability and
professor at the School of Public Health. Dr. Suffet will provide a specialized method of
analysis of odorants using a combination of Gas Chromatography and Mass
Spectroscopy (Odor Profile Method) along with a sensory evaluation using the Odor
Wheel Method. This combination will offer OCSD a complete characterization and
intensity of odors at the various odorous processes at both treatment plants. Dr. Suffet
will also serve as a consultant to OCSD staff throughout the odor monitoring
investigation and for the final statistical data analysis and odor results interpretation in
preparation for the subsequent phases of this effort.
UCLA will provide the trained staff and its laboratory facilities to conduct the analysis by
the Odor Profile and Odor Wheel methods. The work at UCLA will be conducted by
advanced degree students under the direction of Dr. Suffet who perfected the above
odor identification methods. UCLA's School of Public Health is the only organization
that conducts such odor characterization methods in California.
PRIOR COMMITTEE/BOARD ACTIONS
None.
ADDITIONAL INFORMATION
Staff is presenting its recommendation based on careful research of the subject matter
with the aim at obtaining as much field information about this difficult to quantify subject
as possible. Odors are difficult to analyze and as a result are quite onerous and
expensive. Given this, the Board has an option to partially approve this request by not
approving the Sole Source contract with UCLA. However, by doing so, OCSD may be
missing the opportunity to see the advantages of this new and simplified odor
identification method that can be used by staff in resolving plant odor complaints by
OCSD's plant neighbors.
CEQA
This is not considered a project under CEQA.
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
This request complies with authority levels of the Sanitation District's Delegation of
Authority. This item has been budgeted for FY 2012-13 and FY 2013-14 (section 8,
page 83).
Date of ADDroval Contract Amount Contingency
10/24/12 $1,200,000 10
Page 2 of 3
ATTACHMENTS
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package and attachments:
( ALS Sole Source Agreement (8 pages)
Page 3 or 3
Return to Mende Report
AGREEMENT
Project SP-166 Plant Odor Assessment
THIS AGREEMENT is made and entered into as of the date fully executed below by and
between ORANGE COUNTY SANITATION DISTRICT, with a principal place of business at
10844 Ellis Avenue, Fountain Valley, CA 92708-7018 (hereinafter referred to as "OCSD") and
ALS Environmental with a principal business at 2655 Park Center Drive, Suite A, Simi Valley,
CA 93065, (hereinafter referred to as "ALS")collectively referred to as the"Parties".
RECITALS:
WHEREAS, based on ALS's expertise and experience, OCSD wishes to temporarily engage
ALS to provide an Odor Monitoring Investigation at OCSD Wastewater Treatment Facilities per
their Proposal submitted on April 1, 2013 ("Services"); and
WHEREAS, OCSD's General Manager has determined the outsourcing of said Services is in
the best interest of OCSD; and
WHEREAS, on May 22, 2013, the Board of Directors of OCSD, by minute order, authorized
execution of this Agreement between OCSD and ALS; and
WHEREAS, OCSD has chosen ALS to conduct Services in accordance with Purchasing
Resolution No. OCSD07-04; and
NOW, THEREFORE, in consideration of the mutual promises and mutual benefits exchanged
between the Parties, the Parties mutually agree as follows:
1. Introduction
1.1 This Agreement and all exhibits hereto (called the "Agreement") is made by OCSD and ALS.
The Terms and Conditions herein exclusively govern the purchase of Services as described
in Exhibits"A"and "B".
1.2 Exhibits to this Agreement are incorporated by reference and made a part of this Agreement
as though fully set forth at length herein. Exhibits to this Agreement are as follows in order of
precedence:
Exhibit"A" Scope of Work
Exhibit"B" Proposal dated April 1, 2013
Exhibit"C" Acknowledgement of Insurance Requirements
1.3In the event of any conflict or inconsistency between the provisions of this Agreement and
any of the provisions of the exhibits hereto, the provisions of this Agreement shall in all
respects govern and control.
1.4 This Agreement may not be modified, changed or supplemented, nor may any obligations
hereunder be waived or extensions of time for performance granted, except by written
instrument signed by both Parties.
1.5 The various headings in this Agreement are inserted for convenience only and shall not
affect the meaning or interpretation of this Agreement or any Paragraph or provision hereof.
Orange County Sanitation District 1 of 8 SP-166 Plant Odor Assessment
Return to Mende Report
1.6 The term "workday". Workdays are defined as all days that are not Saturday, Sunday, or
legally observed holidays. Meetings with OCSD staff shall be scheduled from Monday
through Thursday between the hours of 8AM and 4PM (exception is operations staff who
maintain plant operations 24/7 and work a rotated 12-hour shift) and shall conform to OCSD
work schedules. OCSD review periods shall not include legally observed holidays.
1.7 The term "days", when used in the Agreement, shall mean calendar days, unless otherwise
noted as workdays.
1.8 Work Hours: The work required under this Agreement may include normal Business hours,
evenings, and weekends. OCSD will not pay Travel Time.
1.9ALS shall provide OCSD with all required premiums and/or overtime work at no charge
beyond the price provided under Compensation below.
1.10 Except as expressly provided otherwise, OCSD accepts no liability for any expenses,
losses, or action incurred or undertaken by AILS as a result of work performed in anticipation
of purchases of said services by OCSD.
2. Scope of Work Subject to the terms of this Agreement, AILS shall provide sufficient crews
specialized in collecting representative samples and maintaining adequate chain of custody
to perform the Services identified in Exhibit "A". Investigation Services shall be performed in
a competent, professional and satisfactory manner.
3. Modifications to Scope of Work Requests for modifications to the Scope of Work
hereunder can be made by OCSD at any time. All modifications must be made in writing
and signed by both Parties. A review of the time required for the modification will be made
by OCSD and AILS and the Agreement period adjusted accordingly.
4. Compensation Compensation to be paid by OCSD to AILS for the Services provided under
this Agreement shall be a total amount not to exceed Two Hundred Eighty-two Thousand
Seven Hundred Seventy-six and 00/00 Dollars ($282,776).
5. Payment and Invoicing
5.1 AILS shall be paid by OCSD upon approval of invoices by OCSD Project Manager, Ted Vitko
or his designee, for completion of tasks and deliverables as outlined in Exhibit "A" at the
prices identified in Exhibit"B". Prices shall remain firm during this Agreement term.
5.2 OCSD shall pay, Net 30 days, upon receipt and approval, by OCSD Project Manager, of
itemized invoices submitted for tasks and deliverables completed. All invoices must
reference the purchase order number. AILS shall email the invoices to: Accounts Payable,
APStafftcaOCSD.com and reference this Agreement, SP-166, in the subject line.
6. Audit Rights AILS agrees that, during the term of this Agreement and for a period of three
(3) years after its termination, OCSD shall have access to and the right to examine any
directly pertinent books, documents, and records of AILS relating to the invoices submitted
by AILS pursuant to this Agreement.
7. Commencement and Term The Services to be provided by AILS under this Agreement
shall commence on the date of the Notice to Proceed (Effective Date), and be completed in
accordance with Exhibit "A".
Orange County Sanitation District 2 of 8 SP-166 Plant Odor Assessment
Return to Mende Report
8. Extensions The Term of this Agreement may be extended only by written instrument
signed by both Parties.
9. Termination
9.1 Either Party may terminate this Agreement for its convenience, with or without cause, in
whole or in part, at any time, by written notice to the other Party (delivered by certified mail,
return receipt requested) of intent to terminate. Upon receipt of a termination notice from
OCSD, ALS shall promptly discontinue all work under this Agreement. OCSD shall
thereafter, within thirty (30) days, pay ALS for work performed (cost and fee) to the date of
termination and any uncancellable obligations incurred prior to receiving the written notice of
termination. ALS expressly waives any claim to receive anticipated profits to be earned
during the uncompleted portion of this Agreement.
9.2 OCSD may also immediately cancel for default of this Agreement in whole or in part by
written notice to ALS:
• if ALS becomes insolvent or files a petition under the Bankruptcy Act; or
• if ALS sells its business; or
• if total amount of compensation exceeds the amount authorized under this Agreement.
9.3 All OCSD property in the possession or control of ALS and provided to ALS by OCSD
specifically for the performance of this Agreement shall be returned by ALS to OCSD upon
the termination of this Agreement.
10.Indemnification and Hold Harmless Provision Each Party agrees to save, indemnify,
defend and hold harmless the other Party, its officers, employees and agents against any
and all liability, claims, judgments, cost and demands, including demands arising from
injuries or death of persons and damage to property, arising directly out of the performance
of this Agreement but only in proportion to and to the extent such liability, claims,judgments,
costs and demands are caused by or result from the negligence or willful misconduct of the
indemnifying Party, its employees or agents, in relation to the rendition of Services pursuant
to this Agreement.
11.Insurance ALS and all subcontractors shall purchase and maintain, throughout the life of
this Agreement and any periods of warranty or extensions, insurance in amounts equal to
the requirements set forth in the signed Acknowledgement of Insurance Requirements,
Exhibit "C". Contractor shall not commence work under this Contract until all required
insurance is obtained in a form acceptable to OCSD, nor shall Contractor allow any
subcontractor to commence service pursuant to a subcontract until all insurance required of
the subcontractor has been obtained. Failure to maintain required insurance coverage shall
result in termination of this Contract.
12. Confidentiality and Non-Disclosure
12.1 ALS acknowledges that in performing the Services hereunder, OCSD may have to
disclose to ALS orally and in writing certain Confidential Information that OCSD considers
proprietary and has developed at great expense and effort. It is agreed that OCSD shall
disclose only information necessary to the work and, if any such information is considered
confidential, it shall be clearly marked "Confidential Information" and sent by OCSD in
writing only to the ALS's Principal Investigator or if orally disclosed, reduced to writing by
OCSD within thirty (30) days of disclosure (hereinafter"Confidential Information"). ALS shall
inform Principal Investigator that for a period of one year from the end of the Agreement,
Confidential Information shall not be used or disclosed to others, to the extent permitted by
law, except in furtherance of this Agreement unless Confidential Information: (i) is or shall
Orange County Sanitation District 3 of 8 SP-166 Plant Odor Assessment
Return to Mende Rom
have been known to the Principal Investigator before his receipt thereof; (ii) is disclosed to
the Principal Investigator by a third party; (iii) is required to be disclosed by law; (iv) was
independently developed by the ALS without the benefit of any disclosure from OCSD and
such independent development can be properly demonstrated by ALS; or(v) is or shall have
become known to the public through no fault of the Principal Investigator.
12.2 ALS agrees to maintain in confidence and not disclose to any person, firm, or
corporation, without OCSD's prior written consent, any Confidential Information.
12.3 ALS agrees as follows:
• To use the Confidential Information only for the purposes described herein; to not
reproduce the Confidential Information; to hold in confidence and protect the Confidential
Information from dissemination to and use in a manner inconsistent with this Agreement.
• To restrict access to the Confidential Information to its ALS or personnel of ALS who (1)
have a reasonable need to have such access and (2) have been advised of the terms of
this Agreement.
• To return all Confidential Information in ALS's possession upon OCSD's request;
provided, however, that ALS may immediately terminate this Agreement should ALS be
required to return Confidential Information prior to the completion of the Research
Services.
12.4 The provisions of this Section shall survive for two (2) years after the termination or
expiration of this Agreement.
13. Ownership of Intellectual Property
13.1 ALS agrees that the reports delivered by ALS to OCSD in the performance of Services
detailed in Exhibit "A" of this Agreement (hereinafter referred to as "Deliverables") shall be
and are assigned to OCSD as its sole and exclusive property.
13.2 "Invention" shall mean any patentable invention conceived and first actually reduced to
practice in the performance of the Services detailed in Exhibit"A" of this Agreement.
13.3 Ownership of Inventions. Inventorship shall be determined in accordance with U.S.
Patent Law. All rights to Inventions made solely by employees of OCSD shall belong solely
to OCSD ("OCSD Invention"). All rights to Inventions made solely by employees of ALS
shall belong solely to ALS ("ALS Invention"). All rights to Inventions made jointly by
employees of ALS and employees of OCSD ("Joint Inventions") shall be jointly owned.
13.4 Nothing contained in this Agreement shall be deemed to grant either directly or by
implication, estoppel, or otherwise any license under any patents, patent applications, or
other proprietary interests to any other invention, discovery, or improvement of either Party.
14. Use of Name OCSD and ALS both agree that they will not use the names of OCSD or ALS
or their employees in any advertisement, press release or publicity.
15.Independent Contractor Capacltv
15.1 The relationship of ALS to OCSD is that of an independent contractor and nothing herein
shall be construed as creating an employment or agency relationship.
15.2 ALS shall act independently and not as an officer or employee of OCSD. OCSD assumes
no liability for ALS's action and performance, nor assumes responsibility for taxes, funds,
payments or other commitments, implied or expressed, by or for ALS.
Orange County Sanitation District 4 of 8 SP-166 Plant Odor Assessment
Return to Mende Rom
15.3 ALS shall not be considered an agent of OCSD for any purpose whatsoever, nor shall ALS
have the right to, and shall not, commit OCSD to any agreement, contract or undertaking.
ALS shall not use OCSD's name in its promotional material or for any advertising or publicity
purposes without expressed written consent.
15.4 ALS shall not be entitled to any benefits accorded to those individuals listed on OCSD's
payroll as regular employees including, without limitation, worker's compensation, disability
insurance, vacation, holiday or sick pay. ALS shall be responsible for providing, at ALS's
expense, disability, worker's compensation or other insurance as well as licenses and
permits usual or necessary for conducting the Services hereunder.
15.5 ALS shall be obligated to pay any and all applicable local, state and federal payroll and
other taxes incurred by ALS from its performance of this Agreement. ALS hereby
indemnifies OCSD for any claims, losses, costs, fees, liabilities, damages or penalties
suffered by OCSD arising out of ALS's breach of this provision consistent with and to the
extent set forth in Section 10 of this Agreement.
15.6 ALS shall not be eligible to join or participate in any benefit plans offered to those
individuals listed on OCSD's payroll as regular employees. ALS shall remain ineligible for
such benefits or participation in such benefit plans even if a court later decides that OCSD
misclassified ALS for tax purposes.
16.Licenses, Permits ALS represents and warrants to OCSD that it has obtained all licenses,
permits, qualification and approvals of whatever nature that are legally required to engage in
this work. Any and all fees required by State, County, City and/or municipal laws, codes
and/or tariffs that pertain to work performed under the terms of this Agreement will be paid
by ALS.
ITALS's Representations In the performance of duties under this Agreement, ALS shall
adhere to its fiduciary standards, ethical practices and standards of care and competence.
ALS agrees to comply with all applicable Federal, State and local laws and regulations.
18.Right to Review Services. Facilities. and Records
18.1 OCSD reserves the right to review any portion of the Services performed by ALS under
this Agreement, and ALS agrees to cooperate to the fullest extent possible.
18.2 ALS shall furnish to OCSD such reports, statistical data, and other information pertaining
to ALS's Research Services as required to meet the requirements of Exhibit"A".
18.3 The right of OCSD to review the Research Services shall not relieve ALS of any obligation
set forth herein
19.Force Maleure Neither party shall be liable for delays caused by accident, flood, acts of
God, fire, labor trouble, war, acts of government or any other cause beyond its control, but
said parry shall use reasonable efforts to minimize the extent of the delay. Work affected by
a Force Majeure condition may be rescheduled by mutual consent or may be eliminated
from the Agreement.
20,Breach The waiver of either party of any breach or violation of, or default under, any
provision of this Agreement, shall not be deemed a continuing waiver by such party of any
other provision or of any subsequent breach or violation of this Agreement or default
thereunder. Any breach by ALS to which OCSD does not object shall not operate as a
waiver of OCSD's rights to seek remedies available to it for any subsequent breach.
Orange County Sanitation District 5 of 8 SP-166 Plant Odor Assessment
Return to Mende Report
21. Severability If any section, subsection, or provision of this Agreement, or any agreement or
instrument contemplated hereby, or the application of such section, subsection, or provision
is held invalid, the remainder of this Agreement or instrument in the application of such
section, subsection or provision to persons or circumstances other than those to which it is
held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to
substantially frustrate the expectations of the Parties.
22. Governing Law This Agreement shall be governed by and interpreted under the laws of
the State of California and the Parties submit to jurisdiction in Orange County, in the event
any action is brought in connection with this Agreement or the performance thereof.
23.Attorney's Fees If any action at law or inequity or if any proceeding in the form of an
Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
24. Dispute Resolution
24.1 In the event of a dispute as to the construction or interpretation of this Agreement, or any
rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the
dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution
of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be
conducted in accordance with the Commercial Mediation Rules of the American Arbitration
Agreement, through the alternate dispute resolution procedures of Judicial Arbitration
through Mediation Services of Orange County ("JAMS"), or any similar organization or entity
conducting an alternate dispute resolution process.
24.2 In the event the Parties are unable to timely resolve the dispute through mediation, the
issues in dispute shall be submitted to arbitration pursuant to California Code of Civil
Procedure, Part 3, Title 9, Sections 1280 et seq. For such purpose, an agreed arbitrator
shall be selected, or in the absence of agreement, each party shall select an arbitrator, and
those two arbitrators shall select a third. Discovery may be conducted in connection with the
arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The
arbitrator, or three arbitrators acting as a board, shall take such evidence and make such
investigation as deemed appropriate and shall render a written decision on the matter in
question. The arbitrator shall decide each and every dispute in accordance with the laws of
the State of California. The arbitrator's decision and award shall be subject to review for
errors of fact or law in the Superior Court for the County of Orange, with a right of appeal
from any judgment issued therein. As an alternative to arbitration, either Party may choose
to submit the issues in dispute to a state court of competent jurisdiction in Orange County,
California.
25. Damage to OCSD's Property Any OCSD property damaged by ALS will be subject to
repair or replacement by ALS at no cost to OCSD.
26. Drup-Free Workplace ALS and all its employees and subcontractors must adhere to the
California Drug-Free Workplace Act, Sections 8350 through 8357.
27. Safety and Accident Prevention
27.1 General: In addition to the requirements set forth in Exhibit "A", ALS shall adhere to the
following requirements.
Orange County Sanitation District 6 of 8 SP-166 Plant Odor Assessment
Return to Mende Rom
27.2 Regulations: ALS agrees to conform to all applicable Federal and State laws and
regulations including those stemming from the following acts and agencies: Occupational
Safety and Health Act (OSHA), California Labor Code, South Coast Air Quality Management
District (SCAQMD) California Hazardous Waste and Federal Department of Transportation
regulations. Lack of compliance with applicable regulations may be cause for termination of
the Agreement.
27.3 Plant Speed Limits: The posted speed limit is 15 miles per hour. Violators of the posted
speed limit may have their vehicle banned from the site.
28. Smoking Smoking is only allowed in designated areas. Smoking is not allowed in any
building, electrically classified area or process area where methane gas may be
present. Lack of compliance with OCSD Smoking policy will be cause for removal of
offending personnel from the site.
29. Training Certification When required by regulation, certificates of training shall be
maintained on-site for the duration of the activity that requires an employee to be
certified. Certificates shall be current. Lack of certificates when required will be cause for
removal of offending personnel form the site, termination of the Agreement, or both.
30.Assignments ALS shall not delegate any duties nor assign any rights under this Agreement
without the prior written consent of OCSD. Any such attempted delegation or assignment
shall be void.
31. Conflict of Interest and Reporting ALS shall comply with its internal conflict of interest
procedures as they relate to this Agreement
32.Authority to Execute The persons executing this Agreement on behalf of the Parties
warrant that they are duly authorized to execute this Agreement and that by executing this
Agreement, the Parties are formally bound.
33. Read and Understood By signing this Agreement, ALS represents that he has read and
understood the terms and conditions of the Agreement.
34. Entire Agreement This Agreement constitutes the entire agreement of the Parties and
supersedes all prior written or oral and all contemporaneous oral agreements,
understandings, and negotiations between the Parties with respect to the subject matter
hereof.
Orange County Sanitation District 7 of 8 SP-166 Plant Odor Assessment
Return to Mende Report
35. Notices All notices under this Agreement must be in writing. Written notice shall be sent by
registered or certified mail, postage prepaid, return receipt requested, or by any other
overnight delivery service which delivers to the noticed destination and provides proof of
delivery to the sender. Any facsimile notice must be followed within three (3) days by written
notice. All notices shall be effective when first received at the following addresses:
OCSD: Clarice M. Marcin
Senior Contracts Administrator
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
ALS: ALS Environmental
Attn:
IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands the day and year
indicated below.
ORANGE COUNTY SANITATION DISTRICT
Dated: By:
Chair Board of Directors
Dated: By:
Clerk of the Board
Dated: By:
Contracts/Purchasing Manager
ALS ENVIRONMENTAL
Dated: By:
Orange County Sanitation District 8 of 8 SP-166 Plant Odor Assessment
OPERATIONS COMMITTEE NeetlOgDate TOBd 0/1D11.
0 13 OS/22/13
AGENDA REPORT Item Number Item Number
6 13
Orange County Sanitation District
FROM: Jim Herberg, General Manager
Originator: Nick Kanetis, Director of Engineering
Project Manager: Andre Miller
SUBJECT: ODOR CONTROL MASTER PLAN — ODOR MONITORING
ELECTRONIC SENSORS TO DETECT ODORS (D/T)
GENERAL MANAGER'S RECOMMENDATION
A. Approve a Sole Source Agreement with Kruger Inc. for equipment procurement,
installation, and maintenance services of six electronic noses to be located in
Plant No.1 and Plant No. 2, for a total amount not to exceed $450,000, plus any
applicable taxes; and
B. Approve a contingency of$22,500 (5%)
SUMMARY
The Odor Control Master Plan (SP-166) is expected to be completed by December
2014. To accomplish this, staff proposes a three phase approach; an odor monitoring
investigation phase, an odor modeling phase, and a report-writing phase. The Five-
Year Strategic Plan adopted in November 2012 called for this Master Plan effort to
validate the scope, priority, and measurement approach to odor.
The odor monitoring will help staff to understand the effectiveness of the existing odor
control facilities and determine the need for additional facilities or new technologies,
potentially affecting several tens of million dollars in future projects. As part of the odor
monitoring phase, six electronic sensors (eNoses) are proposed for installation within
the Plant No. 1 and 2 on those locations considered as significant sources of odors
around Orange County Sanitation District (OCSD).
There are no known systems like that offered by Kruger Inc. that detect, measure,
model and monitor odors continuously from the site. Kruger Inc. uses eNoses to detect
odors much like the human nose does. Unlike other technologies that measure the
presence of individual odor-causing chemicals, the eNose quantifies odors in odor units
(D/T) and use that information, along with meteorological data, to indicate to plant
operators when odors are becoming a problem.
Kruger Inc. will provide equipment procurement, process and design engineering field,
and a subsequent yearly service maintenance agreement.
Page 1 of 2
PRIOR COMMITTEE/BOARD ACTIONS
None.
ADDITIONAL INFORMATION
Kruger Inc. is a water and wastewater solutions provider specializing in advanced and
differentiating technologies. Kruger Inc. is a subsidiary of Veolia Water Solutions and
Technologies.
To eliminate the need of a typical lengthy and costly odor detection process, Kruger Inc.
has a unique technology— Odowatch.
Odowatch technology uses real time meteorological data collected at the plant to model
the impact of odors. The Odowatch system has sensors that continuously measure the
odor being emitted from each odor source. The measurement is in compliance with
ASTM E679-91 and EN 13725. The data are then automatically input into an odor
impact model that has been specially developed for modeling odors. At the same time,
real time weather data from an on-site meteorological monitoring tower are also
automatically fed into the model. The odor model is then run, and the results are plotted
onto an aerial image of the facility and surrounding areas. The plot is generated
automatically at five-minute intervals, or at a user-selected refresh rate.
CEQA
This project is exempt under CEQA guidelines.
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
This request complies with authority levels of the Sanitation District's Delegation of
Authority. This item has been budgeted for FY 2012-13 and FY 2013-14 (section 8,
page 11).
AM:sa:gc
Page 2 of 2
OPERATIONS COMMITTEE Meeting Date TOBd 0111 ,.
05/01/13 OS/22/13
AGENDA REPORT Item Number Item Number
9 14
Orange County Sanitation District
FROM: James Herberg, General Manager
Originator: Ed Torres, Director of Operations and Maintenance
SUBJECT: CONTRACT AWARDS FOR FERRIC CHLORIDE PURCHASE
GENERAL MANAGER'S RECOMMENDATION
A. Award a contract to Kemira Water Solutions, Inc., for the purchase of liquid Ferric
Chloride, Specification No. C-2013-55313D, for the period July 1, 2013 through
June 30, 2014, for a unit price of $535.00 per dry ton delivered, plus applicable
sales tax for an estimated annual amount of$1,712,280 with four one-year renewal
options; and,
B. Award a contract to Thatcher Company of California, Inc., for the purchase of liquid
Ferric Chloride, Specification No. C-2013-55313D, for the period July 1, 2013
through June 30, 2014, for a unit price of $579.20 per dry ton delivered, plus
applicable sales tax for an estimated annual amount of $610,000 with four
one-year renewal options; and,
C. Award a contract to Pencco, Inc., for the purchase of liquid Ferric Chloride,
Specification No. C-2013-55313D, for the period July 1, 2013 through June 30,
2014, for a unit price of$539.40 per dry ton delivered, plus applicable sales tax for
an estimated annual amount of$576,310 with four one-year renewal options; and,
D. Award a contract to California Water Technologies, LLC., for the purchase of liquid
Ferric Chloride, Specification No. C-2013-55313D, for the period July 1, 2013
through June 30, 2014, for a unit price of $502.00 per dry ton delivered, plus
applicable sales tax for an estimated annual amount of $537,200 with four
one-year renewal options; and,
E. Approve a unit price contingency of 10% per contract.
SUMMARY
For over 15 years, OCSD has been dependent on a single supplier for ferric chloride.
The recent entrance of new ferric chloride suppliers has provided the OCSD a unique
opportunity to establish for the long term - a sustainable, fairly market priced product
supply stream. The presence of multiple suppliers will also significantly mitigate
potential regulatory compliance and fiscal implications related to the risk of ferric supply
disruption from its current single source.
A Request for Proposal (RFP) solicitation process was utilized for the purchase of ferric
chloride for in-plant process use related to enhanced solids settling in the primary
Page 1 of 5
treatment process and for digester gas hydrogen sulfide control. Proposals were
solicited in increments of 1,000 dry tons up to 6,000 dry tons total annual OCSD usage.
Four suppliers, all of them deemed qualified based upon criteria described in the RFP,
submitted proposals. Upon conducting an extensive evaluation of supplier proposals
and the ferric chloride supply market dynamics, Staff is recommending the following
multiple supplier contracts award.
Table 1
PROPOSED CONTRACT AWARDS
Vendor Total Estimated
Quantity Unit Price Cost
DryTons/Yr $/Dry Ton $/Yr
Kemira 3000 $ 570.76 $ 1,712,280
CWT 1000 $ 537.20 $ 537,200
Pencco 1000 $ 576.31 $ 576,310
Thatcher 1000 $ 610.00 $ 610,000
(Unit Price Includes 8% Sales Tax)
Awarding contracts to all four qualified suppliers would result in a $595,410 annual
savings (15%) compared to the price paid in the 2011-2012 contract period and would
provide the greatest benefits to OCSD in terms of long-term sustainability and future
market pricing for the following reasons:
1. It balances local versus regional as well as start-up versus well established ferric
chloride suppliers ensuring reliable backup while positioning OCSD to benefit from
the lowest market prices when new suppliers to the region become established
2. It will establish a new supply corridor from Salt Lake City, Utah with the potential to
meet all our ferric chloride needs at the lowest unit cost
3. It will provide OCSD the opportunity to monitor and evaluate the three new suppliers'
product quality, consistency, and service for one year with minimum risk.
Distributing the 6,000 dry tons across two or three suppliers, results in a lower annual
cost, but will not provide all the benefits described above, and is therefore not
recommended. The annual costs savings would be $690,810 and $737,400 for the
three supplier award and two supplier award; respectively.
PRIOR COMMITTEE/BOARD ACTIONS
December 2012
A. Adopt Resolution No. OCSD 12-17, to Amend Section 4.09 Request for Proposal
Procedure of Resolution No. OCSD 07-04 entitled "Establishing Policies And
Procedures For: The Award Of Purchase Orders And Contracts; Public Works
Project Contracts; Professional Services Contracts; And Delegation Of Authority To
Implement Said Policies And Procedures."
Page 2 of 5
B. Authorize the General Manager to initiate a request for proposal process and
recommend multiple contract awards for the purchase of ferric chloride
(Specification No. C-2013-553BD), for the period of July 1, 2013 through June 30,
2014, with four one-year renewal options.
ADDITIONAL INFORMATION
Ferric chloride price escalation in a single supplier dominated market is evident from the
historical OCSD ferric chloride cost chart below (Figure 1). The steep price escalation
appears to coincide with the May 2005 acquisition of Kemiron by Kemira, which made it
the dominant ferric/ferrous chloride supplier in the region. The recent dynamics of the
supply market can be attributed to the recent (since December 2012) cost decline of
about 10%.
Figure 1
HISTORICAL OCSD FERRIC CHLORIDE PRICES
OnngeC unty Sanitation Divinl
Nistoriral Ferric chloride unit pricing
Wn
Aoo -
May2W5Mmi, I,enme
a a.bstlbry W N yea
5aoo
5 ao
t
pg Wo
E
Saco
$]ro
mSVM1YIan
Sam
S
Each of the four suppliers was deemed qualified to reliably supply ferric chloride to
OCSD based upon requirements specified in the RFP related to production
capacities/purchase agreements, technical support capabilities, raw materials access
and storage capabilities, delivery plan and logistical setup, technical support capabilities
and product QA/QC process. The suppliers unit prices for varying supply scenarios is
provided in Table 2.
Page 3 of 5
Table 2
PROPOSAL UNIT PRICES
Quantity Kemira Pencco CWT Thatcher
DryTonsNear $/DryTon
1000 $ 576.31 $ 537.20 $ 610.00
2000 - $ 576.31 $ 548.00 $ 599.55
3000 $ 570.76 $ 593.51 $ 591.20 $ 591.00
4000 $ 556.72 $ 605.31 $ 745.64 -
5000 $ 551.32 $ 638.71 $ 745.64 -
6000 $ 551.32 $ 672.11 $ 745.64
Using the unit prices proposed by each supplier, a weighted unit cost of all possible
combinations in a one (single source), two, three and four supplier award scenarios was
established and then from each category of one (single source), two, three and four
supplier contract awards, the scenario with the lowest weighted unit cost was identified.
Table 3
LOWEST WEIGHTED COST FOR EACH CONTRACT AWARD OPTION
Option Weighted Average Estimated Annual Cost
Unit Cost($/DryTon) ($/Yr)
1 Vendor $ 551.32 $ 3,307,920
2 Vendors $ 548.97 $ 3,293,800
3 Vendors $ 556.73 $ 3,340,390
4 Vendors $ 572.63 $ 3,435,790
Table 4
COST OF 6,000 DRY TONS BASED UPON 2011-12 CONTRACT PERIOD
Average Cost($/Dry Ton) Cost for 6000 Dry TonsNr
Based Upon Pricing in the usage
2011-2012 Contract Period
Current vendor $ 671.86 1 $ 4,031,200
It is in the best interest of OCSD to seize the opportunity which will provide sustainable
ferric chloride supply streams and price stability in the long term. Purchasing 1,000 dry
tons of ferric chloride from Thatcher at $610/DT price, which is slightly greater than the
current quarterly adjusted purchase price of $603/DT (table 5) can be adequately
justified considering the high freight cost associated with the newly developed logistics
for bringing the product into Southern California from Utah. However, the Thatcher
product price on the other hand is about 20% lower than others. The high Thatcher
freight cost is expected to decline upon development of more efficient supply logistics.
Page 4 of 5
Table 5
PROPOSED AWARD OPTION RFP COST BREAKDOWN
Contract RFP Pricing
with Kemim Current Period
12/1111 to Kemim Kemim CWT Pencco Thatcher
11/30/12 Contract 3000 Dry Tons 1000 Dry Tons 1000 Dry Tors 1000 Dry Tons
Pre-TaxlJnit Price $ 540.59 $ 476.90 $ 447.00 $ 440.00 $ 461.40 $ 385.00
Freight $ 88.02 $ 88.02 $ 88.00 $ 62.00 $ 78.00 $ 194.20
Tax $ 43.25 $ 38.15 $ 35.76 $ 35.20 $ 36.91 $ 30.80
Total $ 671.86 $ 603.07 $ 570.76 $ 537.20 $ 576.31 $ 610.00
CEQA
N/A
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
This request complies with authority levels of the Sanitation District's Delegation of
Authority.
Date of ADDroval Contract Amount Continaencv
12/19/12 N/A N/A
ATTACHMENTS
N/A
DH:SSB:ysh:cf
Page 5 of 5
OPERATIONS COMMITTEE MeetlOgDate TOBd 0/1Dir.
0 13 OS/22/13
AGENDA REPORT Item Number Item Number
0 is
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Nick Arhontes, P.E., Director of Facilities Support Services
Manager: Mark Esquer, P.E., Engineering Manager, Collection Facilities
SUBJECT: REGIONAL ODOR AND CORROSION CONTROL SERVICES,
SPECIFICATION NO. C-2013-565BD
GENERAL MANAGER'S RECOMMENDATION
Items A-J:
A. Award a contract to Hill Brothers Chemical Company, for Regional Odor and
Corrosion Control Services, Specification No. C-2013-565BD, for Ferrous
Chloride dosing services, at the unit price of $636.50/dry ton, $12.65/dry ton
freight, delivered, plus tax; for an estimated total annual amount of $2,450,245;
and additional program services for dose site development for an amount not to
exceed $50,000 for the period July 1, 2013 through June 30, 2014,with four one-
year renewal options; and,
B. Award a contract to Hill Brothers Chemical Company, for Regional Odor and
Corrosion Control Services, Specification No. C-2013-56513D, for Magnesium
Hydroxide dosing services, at a unit price of $438.79/dry ton, $29.70/dry ton
freight, delivered, plus tax; for an estimated total annual amount of $2,115,078;
and additional program services for dose site development for an amount not to
exceed $50,000 for the period July 1, 2013 through June 30, 2014,with four one-
year renewal options; and,
C. Award a contract to Hill Brothers Chemical Company for Application Services
$100/day for Ferrous Chloride stations and $150/day for Magnesium Hydroxide
stations; for an estimated total annual amount of $91,250; for Regional Odor and
Corrosion Control Services, Specification No. C-2013-56513D, for the period July
1, 2013 through June 30, 2014,with four one-year renewal options; and,
D. Award contract to Hill Brothers Chemical Company, for Field Services $100/day for
Ferrous Chloride stations and $100/day for Magnesium Hydroxide stations; for an
estimated total annual amount of $73,000; for Regional Odor and Corrosion
Control Services, Specification No. C-2013-56513D, for the period July 1, 2013
through June 30, 2014,with four one-year renewal options; and,
E. Award contract to Hill Brothers Chemical Company, for Regional Odor and
Corrosion Control Services, Specification No. C-2013-565BD, to include a $190
per hour demurrage fee for mobile dosing upon request for Magnesium Hydroxide
at a unit price $580.00/dry ton, $29.70/dry ton freight (maximum 48 hours),
Page 1 of 5
delivered, plus tax; for the period July 1, 2013 through June 30, 2014, with four
one-year renewal options; and,
F. Award a contract to US Peroxide, LLC, for Regional Odor and Corrosion Control
Services, Specification No. C-2013-565131D, for Calcium Nitrate dosing services, at
the unit price of $2.28/gallons, delivered, plus tax; for an estimated total annual
amount of $499,016; and additional program services for dose site development
mobilization and demobilization for an annual amount not to exceed $50,000; for
the period July 1, 2013 through June 30, 2014, with four one-year renewal
options; and,
G. Award a contract to US Peroxide, LLC, for Application Services for $160/day for
Calcium Nitrate stations, for an estimated total annual amount of
$58,400; for Regional Odor and Corrosion Control Services, Specification No.
C-2013-565BD, for the period July 1, 2013 through June 30, 2014, with four one-
year renewal options; and,
H. Award contract to US Peroxide, LLC, for delivery charges at $250/delivery for
Calcium Nitrate, for an estimated total annual amount of $4,500; for Regional Odor
and Corrosion Control Services, Specification No. C-2013-565BD, for the period of
July 1, 2013 through June 30, 2014, with four one-year renewal options, and
I. Approve an annual unit price contingency of 15%, per contract.
J. Approve an annual service price contingency of 15%, per contract.
SUMMARY
The current contract expires on June 30, 2013 and allowed for four optional one-year
renewals.
OCSD requested pricing for the next renewal period and received a price increase from
Hill Brothers Chemical Company, current supplier, that exceeded the Board approved
annual unit price and program price contingency of 15% per contract. As a result, staff
initiated an open Bid procurement.
OCSD has been using these types of services since 2003. These contracts provide
continuous treatment for odor and corrosion control within the regional trunk system and
major tributary sewers using a variety of staff-recommended chemical applications. This
serves to reduce odors at both OCSD treatment plants, as well as member agencies.
Staff maintains oversight and daily interaction with outsourced service providers.
In addition to the chemicals, the Contractors will provide all necessary equipment
including tanks, containment, pumps, piping, secure fencing, and equipment monitoring
to determine tank levels, leaks, and pump rates.
Page 2 of 5
OCSD needs flexibility in these contracts as new odorous hot spots are identified.
These contacts also allow for flexibility to adjust to changing field conditions and
chemical unit prices, and enables mobilization and demobilization of equipment for
testing as new products become available. Staff continually evaluates the most cost
effective site-specific treatment approach, and anticipates conducting future trials for
odor control based on changing conditions such as more stringent environmental
regulations, costs, and other factors.
During FY 2013/14, there will be two sites planned for calcium nitrate, two for
magnesium hydroxide, and five for ferrous chloride. Staff anticipates possible site start-
ups or trials in Newport Beach. In addition, data shows that along OCSD's Euclid trunk
through Santa Ana and Garden Grove, there are high levels of hydrogen sulfide. If a site
can be secured, dosing may begin in this trunk as well.
The new contract provides equipment, chemical, services, and monitoring of the
trunklines. This monitoring data provides information needed to adjust chemical dosing
to meet levels of service for reducing odors and corrosion and prevent overdosing. The
levels of service are: 1) Maintain an average of 25 parts per million (ppm) or less of
hydrogen sulfide in the vapor headspace of the sewer trunks, and 2) Maintain 0.5
milligrams per liter (mg/L) of dissolved sulfides in the liquid phase of the wastewater.
The emergency services will only be utilized with management approval in the event of
a regional and national chemical supply shortage or delivery stoppage. In the past, this
has been a rare occurrence (two times over a ten year period) caused by events such
as hurricanes damaging production facilities or transit routes.
PRIOR COMMITTEE/BOARD ACTIONS
June 2012 —The Board approved contracts with US Peroxide, LLC, and to Hill Brothers
Chemical Company for Regional Odor and Corrosion Control Services, Specification
No. C-2012-524BD, and approved an annual unit price and program price contingency
of 15%, per contract.
July 2010 — The Board approved change orders to contracts with U.S. Peroxide, LLC,
and to Hill Brothers Chemical Company for Regional Odor and Corrosion Control
Services, Specification No. C-2009-405BD, and approved a 15% annual unit price
contingency.
May 2009 — The Board approved contracts with US Peroxide, LLC, and to Hill Brothers
Chemical Company for Regional Odor and Corrosion Control Services, Specification
No. C-2009-405BD, and approved a 10% annual unit price contingency.
June 2008 —The Board approved a sole source contract with US Peroxide, LLC, for the
application of a proprietary chemical process which uses hydrogen peroxide
regenerated iron for odor and corrosion control, and approved a 10% unit cost
escalation contingency.
Page 3 of 5
ADDITIONAL INFORMATION
A Bid process was used for procurement. Bids were received from three (3)
companies. The companies were Siemens Industry Inc., Hill Brothers Chemical
Company, and US Peroxide, LLC.
Providing treatment in the regional trunks offers OCSD a secondary benefit of reducing
hydrogen sulfide and odors entering Reclamation Plant No. 1 and Wastewater
Treatment Plant No. 2 and conditioning the wastewater by off-setting the amount of
chemicals dosed at the treatment plants.
Staff continually evaluates developing products and techniques to reduce costs.
Through OCSD's research program, a specialized application of oxygen is being
considered to off-set chemical dosing needs, and a new modeling system will be tested
to identify ideal dosing locations through modeling of liquid flows, chemical and
biological reactions.
Bid Procurement
Under the guidance of the Finance Department's Contracts, Purchasing, and Materials
Management Division, the bids were submitted on April 23, 2013, staff has determined
that Hill Brothers Chemical Company is/are the lowest responsive and responsible
bidder(s). Bid tab below (see Table 1)
Table 1: Bid
Hill Brothers US Peroxide, LLC Siemens Industry Inc
Chemical Company
Ferrous Chloride
Product Cost $ 2,450,245.00 $ 2,453,100.00 $ 3,207,715.00
Service Cost $ 73,000.00 $ 673,750.00 $ 0
Subtotal $ 2,523,245.00 $ 3,126,850.00 $ 3,207,715.00
Magnesium
Hydroxide
Product Cost $ z,11-1,07s.00 $ o $ 2,608,200.00
Service Cost $ 91,250.00 $ 0 $ 0
Subtotal $ 2,206,328.00 $ 0 $ 2,608,200.00
Calcium Nitrate
Product Cost $ 682,903.00.00 $ 493,465. 00 $ 0
Service Cost $ 73,000.00 $ 58,40000 $ 0
Subtotal $ 755,903.00 $ 551,865.00 $ 0
Page 4 of 5
CEQA
N/A
BUDGET DELEGATION OF AUTHORITY
This complies with authority levels of the Sanitation District's Delegation of Authority.
This item has been budgeted in Division 342, line items 58, 60, 61.
ATTACHMENTS
The following attachment(s) may be viewed on-line at the OOSD website (www.ocsd.com) with the
complete agenda package and attachments:
Individual Contracts for Regional Odor and Corrosion Control Services (24
pages)
Page 5 or 5
Return to Aaenda Report
CONTRACT
Regional Odor and Corrosion Control Services (ROCCS)
Specification No. C-2013-565BD
THIS CONTRACT is made and entered into as of the date it is fully executed below, by and
between Orange County Sanitation District hereinafter referred to as "OCSD" with main offices
located at 10844 Ellis Avenue, Fountain Valley, California 92708-7018 and Hill Brothers
Chemical Company with main offices located at 15017 East Clark Avenue, Industry, CA 91745
hereinafter referred to as"Company'collectively referred to as'4he Parties".
WITNESSETH
WHEREAS, OCSD requires Regional Odor and Corrosion Control Services (ROCCS),
specifically under this Contract as ROCCS relates to ferrous chloride, for its sewage treatment
process and has prepared Technical Specifications attached hereto and incorporated herein by
reference as Exhibit"A" ("Services"); and
WHEREAS, Bids for ROCCS, Specification No.C-2013-565BD were solicited, received and
opened on April 23, 2013; and
WHEREAS, OCSD has chosen Company to provide the Services in accordance with
Purchasing Resolution No. OCSD07-04; and
WHEREAS, on May 22, 2013, the Board of Directors of OCSD, by minute order, authorized
execution of this Contract between OCSD and Company; and
NOW, THEREFORE, in consideration of the premises and agreements hereinafter made and
exchanged, Company and OCSD agree as follows:
1. Scope of Work Services are to be performed at the direction of the OCSD Project
Manager, MarcoPolo Velasco, or his designee and in accordance with Exhibit "A" for ferrous
chloride dosing, application and field services, and additional program services for dose-site
development mobilization and demobilization.
2. Modifications to Scope of Work OCSD shall have the option to modify the Scope of
Work at any time for the benefit of the program objectives.
3. Modifications to the Contract This Contract may not be modified, changed or
supplemented, nor may any obligations hereunder be waived or extensions of time for
performance granted, except by written instrument signed by both parties.
4. Exhibits Exhibits to this Contract are incorporated by reference and made a part of this
Contract as though fully set forth at length herein. Exhibits to this Contract are as follows in
order of precedence:
Exhibit"A" Scope of Work/Technical Services Specification
Exhibit"B" OCSD Safety and Human Resource Policies
Exhibit"C" Bid Pricing
Exhibit"C" Signed Acknowledgement of Insurance Requirements
5. Controlling Document In the event of any conflict or inconsistency between the
provisions of this Contract and the Exhibits hereto, the provisions of this Contract shall in all
respects govern and control.
Orange County Sanitation District 1 of 8 Specification No. C-2013-565BD
Return to Mende Report
6. Performance Time is of the essence in the performance of the provisions hereof.
7. Delivery
7.1 LOCATIONS to be called for by OCSD, deliveries shall be as directed by the OCSD
Project Manager and performed as specified in Exhibit "A". Complete orders will be delivered
F.O.B. destination. See Exhibit "A"for additional requirements.
7.2 CERTIFICATION OF WEIGHT Delivery weight of material shall be determined by
certified scales. Certificates of weight shall be furnished by Company for all loads of chemicals
delivered. Loading, hauling and unloading shall be done at the expense of Company.
7.3 ANALYSIS CERTIFICATION Each delivery of chemicals requires a written certified
analysis of the chemical delivered. A certified analysis is defined as a statement signed by
Company's representative declaring the analysis information is true and accurate.
7.4 OWNERSHIP AND CONTROL Ownership and control of all chemical delivered pursuant
to this Contract shall remain solely and exclusively with Company, until complete transfer of
possession by delivery to OCSD at the designated locations is made from Company.
8. Quanti
8.1 The quantities of chemicals outlined in Exhibit "A" are estimates only. OCSD makes no
guarantee as to actual use or quantity of the chemicals identified in Exhibit"A".
8.2 OCSD will pay only for the actual chemicals delivered under this Contract. Certified
weight scale tickets shall be provided to OCSD for every delivery and shall contain the tare
weight, loaded gross weight and net weight. Amount invoiced will be the total chemical
delivered (loaded gross weight minus the tare weight). Tare weight shall be determined
immediately after each delivery and prior to cleaning, emptying, or clearing the delivery tank.
9. Pricing
9.1 The prices to be paid for the chemicals and related Program Services are:
• ferrous chloride dosing services, at the unit price of $636.50/dry ton, $12.65/dry ton
freight delivered, plus tax; and
• ferrous chloride application services at a unit price of$100/day; and
• ferrous chloride field services at a unit price of$100/day; and
• mobilization or demobilization for additional dose-site development for an amount not to
exceed $50,000 for the Contract term (first two (2)at$0.00 cost to OCSD).
9.2 These prices shall remain firm for the duration of the Contract Term.
9.3 California State Sales tax shall not apply to the Service portion or to freight charges.
Prices shall include all cartage and taxes except California State Sales Tax. The California
State Sales Tax will be paid by OCSD.
10. Invoices
10.1 OCSD shall pay, Net 30 days, upon receipt and approval by OCSD Project Manager,
MarcoPolo Velasco or his designee, of itemized invoices, submitted in duplicate, in a form
acceptable to OCSD to enable audit of the charges thereon.
10.2 All cash discounts shall be taken and computed from the date of completion of tasks or
acceptance of equipment, material, installation and training, or from the date of receipt of
invoice, whichever occurs last.
Orange County Sanitation District 2 of 8 Specification No. C-2013-565BD
Return to Aaende Report
10.3 All invoices must reference the Purchase Order Number. At a minimum, all invoices shall
include a description of the delivery location, the delivery date, the unit price, the weight of
product delivered, the percent solution, weight, gallons, actual specific gravity and other
parameters used to determine the cost for the shipment.
10.4 Invoices shall be emailed by Contractor to OCSD at the following email address and the
Purchase Order number shall be referenced in the subject line: APStaff(a)-OCSD.com.
11. Contract Term The Services provided under this Contract shall commence upon July 1,
2013 and continue through June 30, 2014.
12. Renewals
12.1 OCSD may exercise the option to renew the Contract for up to four (4) one-year (12
calendar months) periods based upon the criteria set forth in the specifications, Exhibit "A", if
mutually acceptable contract terms can be negotiated. OCSD shall make no obligation to renew
nor give reason if it elects not to renew.
12.2 Renewals may be made through the OCSD Purchase Order Process.
13. Extensions OCSD may extend this Contract on a month-to-month basis for any reason
to ensure that the ROCCS Program continues to remain in full compliance with the OCSD goals
and specifications. Company shall charge OCSD during the extension period at the same
pricing and rates as in the then current term of the Contract.
14. Termination
14.1 OCSD reserves the right to terminate this Contract for its convenience, with or without
cause, in whole or in part, at any time, by written notice from OCSD (delivered by certified mail,
return receipt requested) of intent to terminate. Upon receipt of a termination notice, Company
shall immediately discontinue all work under this Contract (unless the notice directs otherwise).
OCSD shall thereafter, within thirty (30) days, pay Company for work performed (cost and fee)
to the date of termination. Company expressly waives any claim to receive anticipated profits to
be earned during the uncompleted portion of the Contract. Such notice of termination shall
terminate this Contract and release OCSD from any further fee, cost or claim hereunder by
Company other than for work performed to the date of termination.
14.2 OCSD reserves the right to terminate this Contract immediately upon OCSD's
determination that Company is not meeting specification requirements for delivery of quantities
needed, the level of service is inadequate, for poor quality of product, for OCSD unapproved
increase in rate, or any other default of the Contract.
14.3 OCSD may also immediately cancel for default of this Contract in whole or in part by
written notice to Company:
14.3.1 if Company becomes insolvent or files a petition under the Bankruptcy Act;
14.3.2 if Company sells its business; or
14.3.3 if Company breaches any of the terms of this Contract.
14.4 All OCSD property in the possession or control of Company shall be returned by
Company to OCSD upon demand, or at the termination of this Contract, whichever occurs first.
15. Indemnification and Hold Harmless Company agrees to save, indemnify, defend and
hold harmless OCSD against any and all liability, claims, judgments, cost and demands,
including demands arising from injuries or death of persons and damage to property, arising
directly or indirectly out of the negligence or willful misconduct of Company, its employees,
Orange County Sanitation Distnct 3 of 8 Specification No. C-2013-565BD
Return to Aaenda Report
subcontractors or its suppliers, in relation to the rendition of services pursuant to this Contract,
except claims or litigations arising through the sole negligence or willful misconduct of OCSD.
Company agrees to reimburse OCSD for any expenditure, including reasonable attorney's fees,
OCSD may incur by reason of such matters, and, if requested by OCSD, will defend any such
suits at the cost and expense of Company.
16. Insurance Company shall purchase and maintain, throughout the life of this Contract
and any periods of warranty or extensions, insurance in amounts equal to the requirements set
forth in the signed Acknowledgement of Insurance Requirements (attached as Exhibit "D").
Company shall not commence work under this Contract until all required insurance is obtained
in a form acceptable to OCSD, nor shall Company allow any subcontractor to commence
service pursuant to a subcontract until all insurance required of the subcontractor has been
obtained. Failure to maintain required insurance coverage shall result in termination of this
Contract.
17. Equipment Loss OCSD will be responsible for any loss or damage to Company-owned
equipment, when OCSD determines OCSD is at fault, and will reimburse Company for such loss
or damage upon receipt of invoices.
18. Conflict of Interest and Reporting Company shall at all times avoid conflict of interest
or appearance of conflict of interest in performance of this Contract.
19. Company's Relationship to OCSD Company's relationship to OCSD in the
performance of this Contract is that of an independent contractor. The personnel performing
Services under this Contract shall, at all times, be under Company's exclusive direction and
control, and shall be employees of Company and not employees of OCSD. Company shall pay
all wages, salaries and other amounts due its employees in connection with this Contract, and
shall be responsible for all legal reports and obligations respecting them, such as social
security, income tax withholding, unemployment compensation, worker's compensation and
similar matters.
20. Safety and Human Resources Policies Contractor shall adhere to the Safety
requirements of the Scope of Work, Exhibit "A", and the Safety and Human Resources Policies
in Exhibit'B" hereto.
21. Smoking Smoking is only allowed in designated areas. Smoking is not allowed in any
building, electrically classified area or process area where methane gas may be present. Lack
of compliance with OCSD Smoking policy will be cause for removal of offending personnel from
the site, termination of the Contract, or both.
22. Drug-Free Workplace All employees of Company who will perform work under this
Contract must adhere to the California Drug-Free Workplace Act, Sections 8350 through 8357.
23. Assignments Neither this Contract nor any interest herein or any claim hereunder may
be assigned by Company either voluntarily or by operation of law, nor may all or substantially all
of this Contract be further subcontracted by Company without the prior written consent of
OCSD.
24. Attorney's Fees If any action at law or in equity is necessary to enforce or interpret the
terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs
and necessary disbursements, in addition to any other relief to which it may be entitled.
Orange County Sanitation District 4 of 8 Specification No. C-2013-565BD
Return to Mende Report
25. Permits. Ordinances and Regulations Any and all fees required by Federal, State,
County, City and/or municipal laws, codes and/or tariffs that pertain to work performed under the
terms of this Contract shall be paid by Company. Fees demanded for obtaining certificates,
including associated inspection fees and expenses of regulatory body inspectors shall be paid
by Company.
26. Compliance With Law Company warrants that under the performance of this Contract,
it shall comply with all applicable federal, state and local laws, and all lawful orders rules and
regulations thereunder. In connection with the execution of this Contract, Company shall not
discriminate against employees or an applicant for employment because of race, religion, color,
sex or national origin. Company shall take affirmative action to ensure that applicants are
employed and employees are treated during their employment without regard to their race,
religion, color, sex or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising;
lay-off or termination; rate of pay, or other forms of compensation; and selection for training,
including apprenticeship.
27. Disputes
27.1 This Contract shall be governed by and interpreted under the laws of the State of
California and the Parties submit to jurisdiction in Orange County, in the event any action is
brought in connection with this Contract or the performance thereof. Pending final resolution of
a dispute hereunder, Company shall proceed diligently with the performance of this Contract
and in accordance with OCSD's decision.
27.2 In the event of a dispute as to the construction or interpretation of this Contract, or any
rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the
dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of
the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted
in accordance with the Commercial Mediation Rules of the American Arbitration Agreement,
through the alternate dispute resolution procedures of Judicial Arbitration through Mediation
Services of Orange County ("JAMS"), or any similar organization or entity conducting an
alternate dispute resolution process.
27.3 In the event the Parties are unable to timely resolve the dispute through mediation, the
issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure,
Part 3, Title 9, Sections 1280 at seq. For such purpose, an agreed arbitrator shall be selected,
or in the absence of agreement, each party shall select an arbitrator, and those two arbitrators
shall select a third. Discovery may be conducted in connection with the arbitration proceeding
pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three
arbitrators acting as a board, shall take such evidence and make such investigation as deemed
appropriate and shall render a written decision on the matter in question. The arbitrator shall
decide each and every dispute in accordance with the laws of the State of California. The
arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior
Court for the County of Orange, with a right of appeal from any judgment issued therein.
28. Ripht to Review Services. Facilities. and Records
28.1 OCSD reserves the right to review any portion of the Services performed by Company
under this Contract, and Company agrees to cooperate to the fullest extent possible. Company
shall furnish to OCSD such reports, statistical data, and other information pertaining to
Company's Services as shall be reasonably required by OCSD to carry out its rights and
responsibilities under its agreements with its bondholders or noteholders and any other
agreement relating to the development of the project(s) and in connection with the issuance of
its official statements and other prospectuses with respect to the offering, sale, and issuance of
its bond and other obligations.
Orange County Sanitation District 5 of 8 Specification No. C-2013-565BD
Return to Mende Report
28.2 The right of OCSD to review or approve drawings, specifications, procedures,
instructions, reports, test results, calculations, schedules, or other data that are developed by
Company shall not relieve Company of any obligation set forth herein.
29. Severability Any provision of this Contract which is found to be invalid or unenforceable
shall be ineffective to the extent of such invalidity or unenforceability, and the invalidity or
unenforceability of such provision shall not affect the validity or enforceability of the remaining
provisions hereof.
30. Waiver The waiver of either party of any breach or violation of, or default under, any
provision of this Contract, shall not be deemed a continuing waiver by such party of any other
provision or of any subsequent breach or violation of this Contract or default thereunder.
31. Breach Any breach by Company to which OCSD does not object shall not operate as a
waiver of OCSD's rights to seek remedies available to it for any subsequent breach.
32. Public Contracts Law OCSD is subject to the provisions listed in the prevailing wage
determination made by the Director of Industrial Relations pursuant to California Labor Code
part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1. It is agreed that all provisions of
law applicable to public contracts are part of this Contract to the same extent as though set forth
herein and will be complied with by Company. Company shall not pay less than the prevailing
wage.
33. South Coast Air Quality Management District's (SCAQMD) Requirements In
addition to the requirements in Exhibit "A" hereto, it is Company's responsibility that all
equipment furnished and installed be in accordance with the latest rules and regulations of the
South Coast Air Quality Management District (SCAQMD). All contract work practices, which
may have associated emissions such as sandblasting, open field spray painting or demolition of
asbestos containing components or structures, shall comply with the appropriate rules and
regulations of the SCAQMD.
34. Familiarity with Work By executing this Contract, Company warrants that: 1)it has
investigated the work to be performed; 2) it has investigated the site of the work and is aware of
all conditions there; and 3)it understands the facilities, difficulties and restrictions of the work
under this Contract. Should Company discover any latent or unknown conditions materially
differing from those inherent in the work or as represented by OCSD, it shall immediately inform
OCSD of this and shall not proceed, except at Company's risk, until written instructions are
received from OCSD.
35. Damage to Property Any property, OCSD's or property at the OCSD sites or locations,
damaged by Company, any subcontractor, or by the personnel of either will be subject to repair
or replacement by Company at no cost to OCSD.
36. Third Party Rights Nothing in this Contract shall be construed to give any rights or
benefits to anyone other than OCSD and Company.
37. Non-exclusive Agreement This Contract is a non-exclusive agreement. OCSD
reserves the right to enter into agreements with one or more companies in order to secure these
Services.
38. Authority to Execute The persons executing this Contract on behalf of the Parties
warrant that they are duly authorized to execute this Contract and that by executing this
Contract, the Parties are formally bound.
Orange County Sanitation District 6 of 8 Specification No. C-2013-5658D
Return to Aaenda Report
39. Entire Agreement This Contract constitutes the entire agreement of the Parties and
supersedes all prior written or oral and all contemporaneous oral agreements, understandings,
and negotiations between the Parties with respect to the subject matter hereof.
Orange County Sanitation District 7 of 8 Specification No. C-2013-565BD
Return to Mende Rom
40, Notices All notices under this Contract must be in writing. Written notice shall be sent
by registered or certified mail, postage prepaid, return receipt requested, or by any other
overnight delivery service which delivers to the noticed destination and provides proof of
delivery to the sender. Any facsimile notice must be followed within three (3) days by written
notice. All notices shall be effective when first received at the following addresses:
OCSD: Clarice M. Marcin
Senior Contracts Administrator
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Company: Hill Brothers Chemical Company
IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands the day and year
indicated below.
ORANGE COUNTY SANITATION DISTRICT
Dated: By:
Chair Board of Directors
Dated: By:
Clerk of the Board
Dated: By:
Contracts/Purchasing Manager
HILL BROTHERS CHEMICAL COMPANY
Dated: By:
Print Name and Title of Officer
IRS Employer's I.D. Number
Orange County Sanitation District 8 of 8 Specification No. C-2013-565BD
Return to Aaenda Report
CONTRACT
Regional Odor and Corrosion Control Services (ROCCS)
Specification No. C-2013-565BD
THIS CONTRACT is made and entered into as of the date it is fully executed below, by and
between Orange County Sanitation District hereinafter referred to as "OCSD" with main offices
located at 10844 Ellis Avenue, Fountain Valley, California 92708-7018 and Hill Brothers
Chemical Company with main offices located at 15017 East Clark Avenue, Industry, CA 91745
hereinafter referred to as"Company'collectively referred to as'4he Parties".
WITNESSETH
WHEREAS, OCSD requires Regional Odor and Corrosion Control Services (ROCCS),
specifically under this Contract as ROCCS relates to magnesium hydroxide, for its sewage
treatment process and has prepared Technical Specifications attached hereto and incorporated
herein by reference as Exhibit"A" ("Services"); and
WHEREAS, Bids for ROCCS, Specification No.C-2013-565BD were solicited, received and
opened on April 23, 2013; and
WHEREAS, OCSD has chosen Company to provide the Services in accordance with
Purchasing Resolution No. OCSD07-04; and
WHEREAS, on May 22, 2013, the Board of Directors of OCSD, by minute order, authorized
execution of this Contract between OCSD and Company; and
NOW, THEREFORE, in consideration of the premises and agreements hereinafter made and
exchanged, Company and OCSD agree as follows:
1. Scope of Work Services are to be performed at the direction of the OCSD Project
Manager, MarcoPolo Velasco, or his designee and in accordance with Exhibit "A" for
magnesium hydroxide dosing, application and field services, and additional program services for
dose-site development mobilization and demobilization.
2. Modifications to Scope of Work OCSD shall have the option to modify the Scope of
Work at any time for the benefit of the program objectives.
3. Modifications to the Contract This Contract may not be modified, changed or
supplemented, nor may any obligations hereunder be waived or extensions of time for
performance granted, except by written instrument signed by both parties.
4. Exhibits Exhibits to this Contract are incorporated by reference and made a part of this
Contract as though fully set forth at length herein. Exhibits to this Contract are as follows in
order of precedence:
Exhibit"A" Scope of Wo&7echnical Services Specification
Exhibit"B" OCSD Safety and Human Resource Policies
Exhibit"C" Bid Pricing
Exhibit"C" Signed Acknowledgement of Insurance Requirements
5. Controlling Document In the event of any conflict or inconsistency between the
provisions of this Contract and the Exhibits hereto, the provisions of this Contract shall in all
respects govern and control.
Orange County Sanitation District 1 of 8 Specification No. C-2013-565BD
Return to Agenda Report
6. Performance Time is of the essence in the performance of the provisions hereof.
7. Delivery
7.1 LOCATIONS to be called for by OCSD, deliveries shall be as directed by the OCSD
Project Manager and performed as specified in Exhibit "A". Complete orders will be delivered
F.O.B. destination. See Exhibit "A"for additional requirements.
7.2 CERTIFICATION OF WEIGHT Delivery weight of material shall be determined by
certified scales. Certificates of weight shall be furnished by Company for all loads of chemicals
delivered. Loading, hauling and unloading shall be done at the expense of Company.
7.3 ANALYSIS CERTIFICATION Each delivery of chemicals requires a written certified
analysis of the chemical delivered. A certified analysis is defined as a statement signed by
Company's representative declaring the analysis information is true and accurate.
7.4 OWNERSHIP AND CONTROL Ownership and control of all chemical delivered pursuant
to this Contract shall remain solely and exclusively with Company, until complete transfer of
possession by delivery to OCSD at the designated locations is made from Company.
8. Quanti
8.1 The quantities of chemicals outlined in Exhibit "A" are estimates only. OCSD makes no
guarantee as to actual use or quantity of the chemicals identified in Exhibit"A".
8.2 OCSD will pay only for the actual chemicals delivered under this Contract. Certified
weight scale tickets shall be provided to OCSD for every delivery and shall contain the tare
weight, loaded gross weight and net weight. Amount invoiced will be the total chemical
delivered (loaded gross weight minus the tare weight). Tare weight shall be determined
immediately after each delivery and prior to cleaning, emptying, or clearing the delivery tank.
9. Pricing
9.1 The prices to be paid for the chemicals and related Program Services are:
• magnesium hydroxide dosing services, at the unit price of $438.79/dry ton, $29.70/dry
ton freight delivered, plus tax; and
• magnesium hydroxide application services at a unit price of$150/day; and
• magnesium hydroxide field services at a unit price of$100/day; and
• mobilization or demobilization for additional dose-site development for an amount not to
exceed $50,000 for the Contract term (first two (2) at$0.00 cost to OCSD); and
• Include a $190 per hour demurrage fee for mobile dosing upon request for magnesium
hydroxide at a unit price $580 per dry ton, $29.70/dry ton delivered, plus tax (maximum
48 hours).
9.2 These prices shall remain firm for the duration of the Contract Term.
9.3 California State Sales tax shall not apply to the Service portion or to freight charges.
Prices shall include all cartage and taxes except California State Sales Tax. The California
State Sales Tax will be paid by OCSD.
10. Invoices
10.1 OCSD shall pay, Net 30 days, upon receipt and approval by OCSD Project Manager,
MarcoPolo Velasco or his designee, of itemized invoices, submitted in duplicate, in a form
acceptable to OCSD to enable audit of the charges thereon.
Orange County Sanitation District 2 of 8 Specification No. C-2013-565BD
Return to Mende Rom
10.2 All cash discounts shall be taken and computed from the date of completion of tasks or
acceptance of equipment, material, installation and training, or from the date of receipt of
invoice, whichever occurs last.
10.3 All invoices must reference the Purchase Order Number. At a minimum, all invoices shall
include a description of the delivery location, the delivery date, the unit price, the weight of
product delivered, the percent solution, weight, gallons, actual specific gravity and other
parameters used to determine the cost for the shipment.
10.4 Invoices shall be emailed by Contractor to OCSD at the following email address and the
Purchase Order number shall be referenced in the subject line: APStaff(a)-OCSD.com.
M Contract Term The Services provided under this Contract shall commence upon July 1,
2013 and continue through June 30, 2014.
12. Renewals
12.1 OCSD may exercise the option to renew the Contract for up to four (4) one-year (12
calendar months) periods based upon the criteria set forth in the specifications, Exhibit "A", if
mutually acceptable contract terms can be negotiated. OCSD shall make no obligation to renew
nor give reason if it elects not to renew.
12.2 Renewals may be made through the OCSD Purchase Order Process.
11 Extensions OCSD may extend this Contract on a month-to-month basis for any reason
to ensure that the ROCCS Program continues to remain in full compliance with the OCSD goals
and specifications. Company shall charge OCSD during the extension period at the same
pricing and rates as in the then current term of the Contract.
14. Termination
14.1 OCSD reserves the right to terminate this Contract for its convenience, with or without
cause, in whole or in part, at any time, by written notice from OCSD (delivered by certified mail,
return receipt requested) of intent to terminate. Upon receipt of a termination notice, Company
shall immediately discontinue all work under this Contract (unless the notice directs otherwise).
OCSD shall thereafter, within thirty (30) days, pay Company for work performed (cost and fee)
to the date of termination. Company expressly waives any claim to receive anticipated profits to
be earned during the uncompleted portion of the Contract. Such notice of termination shall
terminate this Contract and release OCSD from any further fee, cost or claim hereunder by
Company other than for work performed to the date of termination.
14.2 OCSD reserves the right to terminate this Contract immediately upon OCSD's
determination that Company is not meeting specification requirements for delivery of quantities
needed, the level of service is inadequate, for poor quality of product, for OCSD unapproved
increase in rate, or any other default of the Contract.
14.3 OCSD may also immediately cancel for default of this Contract in whole or in part by
written notice to Company:
14.3.1 if Company becomes insolvent or files a petition under the Bankruptcy Act;
14.3.2 if Company sells its business; or
14.3.3 if Company breaches any of the terms of this Contract.
14.4 All OCSD property in the possession or control of Company shall be returned by
Company to OCSD upon demand, or at the termination of this Contract, whichever occurs first.
Orange County Sanitation District 3 of 8 Specification No. C-2013-565BD
Return to Mende Report
15. Indemnification and Hold Harmless Company agrees to save, indemnify, defend and
hold harmless OCSD against any and all liability, claims, judgments, cost and demands,
including demands arising from injuries or death of persons and damage to property, arising
directly or indirectly out of the negligence or willful misconduct of Company, its employees,
subcontractors or its suppliers, in relation to the rendition of services pursuant to this Contract,
except claims or litigations arising through the sole negligence or willful misconduct of OCSD.
Company agrees to reimburse OCSD for any expenditure, including reasonable attorney's fees,
OCSD may incur by reason of such matters, and, if requested by OCSD, will defend any such
suits at the cost and expense of Company.
16. Insurance Company shall purchase and maintain, throughout the life of this Contract
and any periods of warranty or extensions, insurance in amounts equal to the requirements set
forth in the signed Acknowledgement of Insurance Requirements (attached as Exhibit "E").
Company shall not commence work under this Contract until all required insurance is obtained
in a form acceptable to OCSD, nor shall Company allow any subcontractor to commence
service pursuant to a subcontract until all insurance required of the subcontractor has been
obtained. Failure to maintain required insurance coverage shall result in termination of this
Contract.
17. Equipment Loss OCSD will be responsible for any loss or damage to Company-owned
equipment, when OCSD determines OCSD is at fault, and will reimburse Company for such loss
or damage upon receipt of invoices.
18. Conflict of Interest and Reporting Company shall at all times avoid conflict of interest
or appearance of conflict of interest in performance of this Contract.
19. Company's Relationship to OCSD Company's relationship to OCSD in the
performance of this Contract is that of an independent contractor. The personnel performing
Services under this Contract shall, at all times, be under Company's exclusive direction and
control, and shall be employees of Company and not employees of OCSD. Company shall pay
all wages, salaries and other amounts due its employees in connection with this Contract, and
shall be responsible for all legal reports and obligations respecting them, such as social
security, income tax withholding, unemployment compensation, worker's compensation and
similar matters.
20. Safety and Human Resources Policies Contractor shall adhere to the Safety
requirements of the Scope of Work, Exhibit "A", and the Safety and Human Resources Policies
in Exhibit'B" hereto.
21. Smoking Smoking is only allowed in designated areas. Smoking is not allowed in any
building, electrically classified area or process area where methane gas may be present. Lack
of compliance with OCSD Smoking policy will be cause for removal of offending personnel from
the site, termination of the Contract, or both.
22. Drug-Free Workplace All employees of Company who will perform work under this
Contract must adhere to the California Drug-Free Workplace Act, Sections 8350 through 8357.
23. Assignments Neither this Contract nor any interest herein or any claim hereunder may
be assigned by Company either voluntarily or by operation of law, nor may all or substantially all
of this Contract be further subcontracted by Company without the prior written consent of
OCSD.
Orange County Sanitation Distinct 4 of 8 Specification No. C-2013-565BD
Return to Mende Report
24. Attorney's Fees If any action at law or in equity is necessary to enforce or interpret the
terms cf this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs
and necessary disbursements, in addition to any other relief to which it may be entitled.
25. Permits. Ordinances and Regulations Any and all fees required by Federal, State,
County, City and/or municipal laws, codes and/or tariffs that pertain to work performed under the
terms of this Contract shall be paid by Company. Fees demanded for obtaining certificates,
including associated inspection fees and expenses of regulatory body inspectors shall be paid
by Company.
26. Compliance With Law Company warrants that under the performance of this Contract,
it shall comply with all applicable federal, state and local laws, and all lawful orders rules and
regulations thereunder. In connection with the execution of this Contract, Company shall not
discriminate against employees or an applicant for employment because of race, religion, color,
sex or national origin. Company shall take affirmative action to ensure that applicants are
employed and employees are treated during their employment without regard to their race,
religion, color, sex or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising;
lay-off or termination; rate of pay, or other forms of compensation; and selection for training,
including apprenticeship.
27. Disputes
27.1 This Contract shall be governed by and interpreted under the laws of the State of
California and the Parties submit to jurisdiction in Orange County, in the event any action is
brought in connection with this Contract or the performance thereof. Pending final resolution of
a dispute hereunder, Company shall proceed diligently with the performance of this Contract
and in accordance with OCSD's decision.
27.2 In the event of a dispute as to the construction or interpretation of this Contract, or any
rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the
dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of
the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted
in accordance with the Commercial Mediation Rules of the American Arbitration Agreement,
through the alternate dispute resolution procedures of Judicial Arbitration through Mediation
Services of Orange County ("JAMS"), or any similar organization or entity conducting an
alternate dispute resolution process.
27.3 In the event the Parties are unable to timely resolve the dispute through mediation, the
issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure,
Part 3, Title 9, Sections 1280 et seq. For such purpose, an agreed arbitrator shall be selected,
or in the absence of agreement, each party shall select an arbitrator, and those two arbitrators
shall select a third. Discovery may be conducted in connection with the arbitration proceeding
pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three
arbitrators acting as a board, shall take such evidence and make such investigation as deemed
appropriate and shall render a written decision on the matter in question. The arbitrator shall
decide each and every dispute in accordance with the laws of the State of California. The
arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior
Court for the County of Orange, with a right of appeal from any judgment issued therein.
28. Right to Review Services. Facilities. and Records
28.1 OCSD reserves the right to review any portion of the Services performed by Company
under this Contract, and Company agrees to cooperate to the fullest extent possible. Company
shall furnish to OCSD such reports, statistical data, and other information pertaining to
Company's Services as shall be reasonably required by OCSD to carry out its rights and
Orange County Sanitation District 5 of 8 Specification No. C-2013-565BD
Return to Mende Rom
responsibilities under its agreements with its bondholders or noteholders and any other
agreement relating to the development of the project(s) and in connection with the issuance of
its official statements and other prospectuses with respect to the offering, sale, and issuance of
its bond and other obligations.
28.2 The right of OCSD to review or approve drawings, specifications, procedures,
instructions, reports, test results, calculations, schedules, or other data that are developed by
Company shall not relieve Company of any obligation set forth herein.
29. Severability Any provision of this Contract which is found to be invalid or unenforceable
shall be ineffective to the extent of such invalidity or unenforceability, and the invalidity or
unenforceability of such provision shall not affect the validity or enforceability of the remaining
provisions hereof.
30. Waiver The waiver of either party of any breach or violation of, or default under, any
provision of this Contract, shall not be deemed a continuing waiver by such party of any other
provision or of any subsequent breach or violation of this Contract or default thereunder.
31. Breach Any breach by Company to which OCSD does not object shall not operate as a
waiver of OCSD's rights to seek remedies available to it for any subsequent breach.
32. Public Contracts Law OCSD is subject to the provisions listed in the prevailing wage
determination made by the Director of Industrial Relations pursuant to California Labor Code
part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1. It is agreed that all provisions of
law applicable to public contracts are part of this Contract to the same extent as though set forth
herein and will be complied with by Company. Company shall not pay less than the prevailing
wage.
33. South Coast Air Quality Management District's (SCAQMD) Requirements In
addition to the requirements in Exhibit "A" hereto, it is Company's responsibility that all
equipment furnished and installed be in accordance with the latest rules and regulations of the
South Coast Air Quality Management District (SCAQMD). All contract work practices, which
may have associated emissions such as sandblasting, open field spray painting or demolition of
asbestos containing components or structures, shall comply with the appropriate rules and
regulations of the SCAQMD.
34. Familiarity with Work By executing this Contract, Company warrants that: 1)it has
investigated the work to be performed; 2) it has investigated the site of the work and is aware of
all conditions there; and 3)it understands the facilities, difficulties and restrictions of the work
under this Contract. Should Company discover any latent or unknown conditions materially
differing from those inherent in the work or as represented by OCSD, it shall immediately inform
OCSD of this and shall not proceed, except at Company's risk, until written instructions are
received from OCSD.
35. Damage to Property Any property, OCSD's or property at the OCSD sites or locations,
damaged by Company, any subcontractor, or by the personnel of either will be subject to repair
or replacement by Company at no cost to OCSD.
36. Third Party Rights Nothing in this Contract shall be construed to give any rights or
benefits to anyone other than OCSD and Company.
37. Non-exclusive Agreement This Contract is a non-exclusive agreement. OCSD
reserves the right to enter into agreements with one or more companies in order to secure these
Services.
Orange County Sanitation District 6 of 8 Specification No. C-2013-565BD
Return to Mende Rom
38. Authority to Execute The persons executing this Contract on behalf of the Parties
warrant that they are duly authorized to execute this Contract and that by executing this
Contract, the Parties are formally bound.
39. Entire Agreement This Contract constitutes the entire agreement of the Parties and
supersedes all prior written or oral and all contemporaneous oral agreements, understandings,
and negotiations between the Parties with respect to the subject matter hereof.
Orange County Sanitation District 7 of 8 Specification No. C-2013-565BD
Return to Mende Rom
40, Notices All notices under this Contract must be in writing. Written notice shall be sent
by registered or certified mail, postage prepaid, return receipt requested, or by any other
overnight delivery service which delivers to the noticed destination and provides proof of
delivery to the sender. Any facsimile notice must be followed within three (3) days by written
notice. All notices shall be effective when first received at the following addresses:
OCSD: Clarice M. Marcin
Senior Contracts Administrator
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Company: Hill Brothers Chemical Company
IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands the day and year
indicated below.
ORANGE COUNTY SANITATION DISTRICT
Dated: By:
Chair Board of Directors
Dated: By:
Clerk of the Board
Dated: By:
Contracts/Purchasing Manager
HILL BROTHERS CHEMICAL COMPANY
Dated: By:
Print Name and Title of Officer
IRS Employer's I.D. Number
Orange County Sanitation District 8 of 8 Specification No. C-2013-565BD
Return to Aaenda Report
CONTRACT
Regional Odor and Corrosion Control Services (ROCCS)
Specification No. C-2013-565BD
THIS CONTRACT is made and entered into as of the date it is fully executed below, by and
between Orange County Sanitation District hereinafter referred to as "OCSD" with main offices
located at 10844 Ellis Avenue, Fountain Valley, California 92708-7018 and US Peroxide, LLC
with main offices located at 900 Circle 75 Parkway NW, Suite 1330, Atlanta, Georgia 30339
hereinafter referred to as"Company'collectively referred to as'4he Parties".
WITNESSETH
WHEREAS, OCSD requires Regional Odor and Corrosion Control Services (ROCCS),
specifically under this Contract as ROCCS relates to calcium nitrate, for its sewage treatment
process and has prepared Technical Specifications attached hereto and incorporated herein by
reference as Exhibit"A" ("Services"); and
WHEREAS, Proposals for ROCCS, Specification No.C-2013-565BD were solicited, received
and opened on April 23, 2013; and
WHEREAS, OCSD has chosen Company to provide ROCCS in accordance with Purchasing
Resolution No. OCSD07-04; and
WHEREAS, on May 22, 2013 the Board of Directors of OCSD, by minute order, authorized
execution of this Contract between OCSD and Company; and
NOW, THEREFORE, in consideration of the premises and agreements hereinafter made and
exchanged, Company and OCSD agree as follows:
1. Scope of Work Services are to be performed at the direction of the OCSD Project
Manager, MarcoPolo Velasco, or his designee and in accordance with Exhibit "A" for calcium
nitrate dosing, application, and field services, and additional program services for dose-site
development mobilization and demobilization.
2. Modifications to Scope of Work OCSD shall have the option to modify the Scope of
Work at any time for the benefit of the program objectives.
3. Modifications to the Contract This Contract may not be modified, changed or
supplemented, nor may any obligations hereunder be waived or extensions of time for
performance granted, except by written instrument signed by both parties.
4. Exhibits Exhibits to this Contract are incorporated by reference and made a part of this
Contract as though fully set forth at length herein. Exhibits to this Contract are as follows in
order of precedence:
Exhibit"A" Scope of Work/Technical Services Specification
Exhibit"B" OCSD Safety and Human Resource Policies
Exhibit"C" Bid Pricing
Exhibit"C" Signed Acknowledgement of Insurance Requirements
5. Controlling Document In the event of any conflict or inconsistency between the
provisions of this Contract and the Exhibits hereto, the provisions of this Contract shall in all
respects govern and control.
Orange County Sanitation District 1 of 8 Specification No. C-2013-565BD
Return to Aaenda Report
6. Performance Time is of the essence in the performance of the provisions hereof.
7. Delivery
7.1 LOCATIONS to be called for by OCSD, deliveries shall be as directed by the OCSD
Project Manager and performed as specified in Exhibit "A". Complete orders will be delivered
F.O.B. destination. See Exhibit"A"for additional requirements.
7.2 CERTIFICATION OF WEIGHT Delivery weight of material shall be determined by
certified scales. Certificates of weight shall be furnished by Company for all loads of chemicals
delivered. Loading, hauling and unloading shall be done at the expense of Company.
7.3 ANALYSIS CERTIFICATION Each delivery of chemicals requires a written certified
analysis of the chemical delivered. A certified analysis is defined as a statement signed by
Company's representative declaring the analysis information is true and accurate.
7.4 OWNERSHIP AND CONTROL Ownership and control of all chemical delivered pursuant
to this Contract shall remain solely and exclusively with Company, until complete transfer of
possession by delivery to OCSD at the designated locations is made from Company.
8. Quand
8.1 The quantities of chemicals outlined in Exhibit "A" are estimates only. OCSD makes no
guarantee as to actual use or quantity of the chemicals identified in Exhibit"A".
8.2 OCSD will pay only for the actual chemicals delivered under this Contract. Certified
weight scale tickets shall be provided to OCSD for every delivery and shall contain the tare
weight, loaded gross weight and net weight. Amount invoiced will be the total chemical
delivered (loaded gross weight minus the tare weight). Tare weight shall be determined
immediately after each delivery and prior to cleaning, emptying, or clearing the delivery tank.
9. Pricino
9.1 The prices to be paid for the chemicals and related Program Services are:
• calcium nitrate and dosing services, at the unit price of$2.28/gallon, delivered plus tax;
• calcium nitrate application and field services at a unit price of$160/day; and
• calcium nitrate mobilization or demobilization for additional dose-site development for an
amount not to exceed $50,000 for the Contract term (first two (2) at$10,000 each).
• Delivery of calcium nitrate to Crystal Cove Pump Station at $250/delivery.
9.2 These prices shall remain firm for the duration of the Contract Term.
9.3 California State Sales tax shall not apply to the Service portion or to freight charges.
Prices shall include all cartage and taxes except California State Sales Tax. The California
State Sales Tax will be paid by OCSD.
10, Invoices
10.1 OCSD shall pay, Net 30 days, upon receipt and approval by OCSD Project Manager,
Brian Reed or his designee, of itemized invoices, submitted in duplicate, in a form acceptable to
OCSD to enable audit of the charges thereon.
10.2 All cash discounts shall be taken and computed from the date of completion of tasks or
acceptance of equipment, material, installation and training, or from the date of receipt of
invoice, whichever occurs last.
Orange County Sanitation District 2 of 8 Specification No. C-2013-565BD
Return to Mends Report
10.3 All invoices must reference the Purchase Order Number. At a minimum, all invoices shall
include a description of the delivery location, the delivery date, the unit price, the weight of
product delivered, the percent solution, weight, gallons, actual specific gravity and other
parameters used to determine the cost for the shipment.
10.4 Invoices shall be emailed by Contractor to OCSD at the following email address and the
Purchase Order number shall be referenced in the subject line: APStaff(a20CSD.com.
11. Contract Term The Services provided under this Contract shall commence upon July 1,
2013 and continue through June 30, 2014.
12. Renewals
12.1 OCSD may exercise the option to renew the Contract for up to four (4) one-year (12
calendar months) periods based upon the criteria set forth in the specifications, Exhibit "A", if
mutually acceptable contract terms can be negotiated. OCSD shall make no obligation to renew
nor give reason if it elects not to renew.
12.2 Renewals may be made through the OCSD Purchase Order Process.
13. Extensions OCSD may extend this Contract on a month-to-month basis for any reason
to ensure that the ROCCS Program continues to remain in full compliance with the OCSD goals
and specifications. Company shall charge OCSD during the extension period at the same
pricing and rates as in the then current tens of the Contract.
14. Termination
14.1 OCSD reserves the right to terminate this Contract for its convenience, with or without
cause, in whole or in part, at any time, by written notice from OCSD (delivered by certified mail,
return receipt requested) of intent to terminate. Upon receipt of a termination notice, Company
shall immediately discontinue all work under this Contract (unless the notice directs otherwise).
OCSD shall thereafter, within thirty (30) days, pay Company for work performed (cost and fee)
to the date of termination. Company expressly waives any claim to receive anticipated profits to
be earned during the uncompleted portion of the Contract. Such notice of termination shall
terminate this Contract and release OCSD from any further fee, cost or claim hereunder by
Company other than for work performed to the date of termination.
14.2 OCSD reserves the right to terminate this Contract immediately upon OCSD'S
determination that Company is not meeting specification requirements for delivery of quantities
needed, the level of service is inadequate, for poor quality of product, for OCSD unapproved
increase in rate, or any other default of the Contract.
14.3 OCSD may also immediately cancel for default of this Contract in whole or in part by
written notice to Company:
14.3.1 if Company becomes insolvent or files a petition under the Bankruptcy Act;
14.3.2 if Company sells its business; or
14.3.3 if Company breaches any of the terms of this Contract.
14.4 All OCSD property in the possession or control of Company shall be returned by
Company to OCSD upon demand, or at the termination of this Contract, whichever occurs first.
15. Indemnification and Hold Harmless Company agrees to save, indemnify, defend and
hold harmless OCSD against any and all liability, claims, judgments, cost and demands,
including demands arising from injuries or death of persons and damage to property, arising
directly or indirectly out of the negligence or willful misconduct of Company, its employees,
Orange County Sanitation District 3 of 8 Specification No. C-2013-565BD
Return to Mende Report
subcontractors or its suppliers, in relation to the rendition of services pursuant to this Contract,
except claims or litigations arising through the sole negligence or willful misconduct of OCSD.
Company agrees to reimburse OCSD for any expenditure, including reasonable attorney's fees,
OCSD may incur by reason of such matters, and, if requested by OCSD, will defend any such
suits at the cost and expense of Company.
16. Insurance Company shall purchase and maintain, throughout the life of this Contract
and any periods of warranty or extensions, insurance in amounts equal to the requirements set
forth in the signed Acknowledgement of Insurance Requirements (attached as Exhibit "E").
Company shall not commence work under this Contract until all required insurance is obtained
in a form acceptable to OCSD, nor shall Company allow any subcontractor to commence
service pursuant to a subcontract until all insurance required of the subcontractor has been
obtained. Failure to maintain required insurance coverage shall result in termination of this
Contract.
17. Equipment Loss OCSD will be responsible for any loss or damage to Company-owned
equipment, when OCSD determines OCSD is at fault, and will reimburse Company for such loss
or damage upon receipt of invoices.
18. Conflict of Interest and Reporting Company shall at all times avoid conflict of interest
or appearance of conflict of interest in performance of this Contract.
19. Company's Relationship to OCSD Company's relationship to OCSD in the
performance of this Contract is that of an independent contractor. The personnel performing
Services under this Contract shall, at all times, be under Company's exclusive direction and
control, and shall be employees of Company and not employees of OCSD. Company shall pay
all wages, salaries and other amounts due its employees in connection with this Contract, and
shall be responsible for all legal reports and obligations respecting them, such as social
security, income tax withholding, unemployment compensation, worker's compensation and
similar matters.
20. Safety and Human Resources Policies Contractor shall adhere to the Safety
requirements of the Scope of Work, Exhibit "A", and the Safety and Human Resources Policies
in Exhibit"B" hereto.
21. Smoking Smoking is only allowed in designated areas. Smoking is not allowed in any
building, electrically classified area or process area where methane gas may be present. Lack
of compliance with OCSD Smoking policy will be cause for removal of offending personnel from
the site, termination of the Contract, or both.
22. Drug-Free Workplace All employees of Company who will perform work under this
Contract must adhere to the California Drug-Free Workplace Act, Sections 8350 through 8357.
23. Assignments Neither this Contract nor any interest herein or any claim hereunder may
be assigned by Company either voluntarily or by operation of law, nor may all or substantially all
of this Contract be further subcontracted by Company without the prior written consent of
OCSD.
24. Attorney's Fees If any action at law or in equity is necessary to enforce or interpret the
terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs
and necessary disbursements, in addition to any other relief to which it may be entitled.
Orange County Sanitation District 4 of 8 Specification No. C-2013-565BD
Return to Mende Report
25. Permits. Ordinances and Regulations Any and all fees required by Federal, State,
County, City and/or municipal laws, codes and/or tariffs that pertain to work performed under the
terms of this Contract shall be paid by Company. Fees demanded for obtaining certificates,
including associated inspection fees and expenses of regulatory body inspectors shall be paid
by Company.
26. Compliance With Law Company warrants that under the performance of this Contract,
it shall comply with all applicable federal, state and local laws, and all lawful orders rules and
regulations thereunder. In connection with the execution of this Contract, Company shall not
discriminate against employees or an applicant for employment because of race, religion, color,
sex or national origin. Company shall take affirmative action to ensure that applicants are
employed and employees are treated during their employment without regard to their race,
religion, color, sex or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising;
lay-off or termination; rate of pay, or other forms of compensation; and selection for training,
including apprenticeship.
27. Disputes
27.1 This Contract shall be governed by and interpreted under the laws of the State of
California and the Parties submit to jurisdiction in Orange County, in the event any action is
brought in connection with this Contract or the performance thereof. Pending final resolution of
a dispute hereunder, Company shall proceed diligently with the performance of this Contract
and in accordance with OCSUS decision.
27.2 In the event of a dispute as to the construction or interpretation of this Contract, or any
rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the
dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of
the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted
in accordance with the Commercial Mediation Rules of the American Arbitration Agreement,
through the alternate dispute resolution procedures of Judicial Arbitration through Mediation
Services of Orange County ("JAMS'), or any similar organization or entity conducting an
alternate dispute resolution process.
27.3 In the event the Parties are unable to timely resolve the dispute through mediation, the
issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure,
Part 3, Title 9, Sections 1280 at seq. For such purpose, an agreed arbitrator shall be selected,
or in the absence of agreement, each party shall select an arbitrator, and those two arbitrators
shall select a third. Discovery may be conducted in connection with the arbitration proceeding
pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three
arbitrators acting as a board, shall take such evidence and make such investigation as deemed
appropriate and shall render a written decision on the matter in question. The arbitrator shall
decide each and every dispute in accordance with the laws of the State of California. The
arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior
Court for the County of Orange, with a right of appeal from any judgment issued therein.
28. Ripht to Review Services. Facilities. and Records
28.1 OCSD reserves the right to review any portion of the Services performed by Company
under this Contract, and Company agrees to cooperate to the fullest extent possible. Company
shall furnish to OCSD such reports, statistical data, and other information pertaining to
Company's Services as shall be reasonably required by OCSD to carry out its rights and
responsibilities under its agreements with its bondholders or noteholders and any other
agreement relating to the development of the project(s) and in connection with the issuance of
its official statements and other prospectuses with respect to the offering, sale, and issuance of
its bond and other obligations.
Orange County Sanitation District 5 of 8 Specification No. C-2013-565BD
Return to Mende Report
28.2 The right of OCSD to review or approve drawings, specifications, procedures,
instructions, reports, test results, calculations, schedules, or other data that are developed by
Company shall not relieve Company of any obligation set forth herein.
29. Severability Any provision of this Contract which is found to be invalid or unenforceable
shall be ineffective to the extent of such invalidity or unenforceability, and the invalidity or
unenforceability of such provision shall not affect the validity or enforceability of the remaining
provisions hereof.
30. Waiver The waiver of either party of any breach or violation of, or default under, any
provision of this Contract, shall not be deemed a continuing waiver by such party of any other
provision or of any subsequent breach or violation of this Contract or default thereunder.
31. Breach Any breach by Company to which OCSD does not object shall not operate as a
waiver of OCSD'S rights to seek remedies available to it for any subsequent breach.
32. Public Contracts Law OCSD is subject to the provisions listed in the prevailing wage
determination made by the Director of Industrial Relations pursuant to California Labor Code
part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1. It is agreed that all provisions of
law applicable to public contracts are part of this Contract to the same extent as though set forth
herein and will be complied with by Company. Company shall not pay less than the prevailing
wage.
33. South Coast Air Quality Management District's (SCAQMD) Requirements In
addition to the requirements in Exhibit "A" hereto, it is Company's responsibility that all
equipment furnished and installed be in accordance with the latest rules and regulations of the
South Coast Air Quality Management District (SCAQMD). All contract work practices, which
may have associated emissions such as sandblasting, open field spray painting or demolition of
asbestos containing components or structures, shall comply with the appropriate rules and
regulations of the SCAQMD.
34. Familiarity with Work By executing this Contract, Company warrants that: 1)it has
investigated the work to be performed; 2) it has investigated the site of the work and is aware of
all conditions there; and 3)it understands the facilities, difficulties and restrictions of the work
under this Contract. Should Company discover any latent or unknown conditions materially
differing from those inherent in the work or as represented by OCSD, it shall immediately inform
OCSD of this and shall not proceed, except at Company's risk, until written instructions are
received from OCSD.
35. Damage to Property Any property, OCSD's or property at the OCSD sites or locations,
damaged by Company, any subcontractor, or by the personnel of either will be subject to repair
or replacement by Company at no cost to OCSD.
36. Third Party Rights Nothing in this Contract shall be construed to give any rights or
benefits to anyone other than OCSD and Company.
37. Non-exclusive Agreement This Contract is a non-exclusive agreement. OCSD
reserves the right to enter into agreements with one or more companies in order to secure these
Services.
38. Authority to Execute The persons executing this Contract on behalf of the Parties
warrant that they are duly authorized to execute this Contract and that by executing this
Contract, the Parties are formally bound.
Orange County Sanitation District 6 of 8 Specification No. C-2013-5658D
Return to Aaenda Report
39. Entire Agreement This Contract constitutes the entire agreement of the Parties and
supersedes all prior written or oral and all contemporaneous oral agreements, understandings,
and negotiations between the Parties with respect to the subject matter hereof.
Orange County Sanitation District 7 of 8 Specification No. C-2013-565BD
Return to Mende Rom
40, Notices All notices under this Contract must be in writing. Written notice shall be sent
by registered or certified mail, postage prepaid, return receipt requested, or by any other
overnight delivery service which delivers to the noticed destination and provides proof of
delivery to the sender. Any facsimile notice must be followed within three (3) days by written
notice. All notices shall be effective when first received at the following addresses:
OCSD: Clarice M. Marcin
Senior Contracts Administrator
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Company: US Peroxide, LLC
IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands the day and year
indicated below.
ORANGE COUNTY SANITATION DISTRICT
Dated: By:
Chair Board of Directors
Dated: By:
Clerk of the Board
Dated: By:
Contracts/Purchasing Manager
US PEROXIDE, LLC
Dated: By:
Print Name and Title of Officer
IRS Employer's I.D. Number
Orange County Sanitation District 8 of 8 Specification No. C-2013-565BD
ADMINISTRATION COMMITTEE Neeing Date T1.1 IDir.
....g/. s/22/13
AGENDA REPORT Item Number Item Number
z v
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Lorenzo Tyner, Director of Finance and Administrative
Services
SUBJECT: STATUS OF 2013-14 INSURANCE RENEWALS
GENERAL MANAGER'S RECOMMENDATION
Approve the 2013-14 "not-to-exceed" quotes for the following insurances:
A. Excess General Liability Insurance— Not to Exceed $372,000
B. Excess Workers' Compensation — Not to Exceed $200,000
C. All-Risk Property, Flood and Boiler & Machinery insurance — Not to Exceed
$750,000
SUMMARY
The Risk Management Division and the Sanitation District's operational insurance
broker (Alliant) began the renewal process in January and provided the Administration
Committee preliminary quotes in March. This report includes the most recent quotes.
The Sanitation District's insurance broker will be at the May Administration Committee
meeting to answer any questions regarding these "not-to-exceed" quotes.
The Sanitation District budget provides funds for the renewal of the following three
major insurances for the operations:
1) Excess General Liability Insurance
2) Excess Workers' Compensation
3) All-Risk Property, Flood and Boiler& Machinery insurance
PRIOR COMMITTEE/BOARD ACTIONS
May 2012 - The Board approved renewal of the above four policies for the period July 1,
2012 through June 30, 2013.
ADDITIONAL INFORMATION
1) Excess General Liability Insurance Program
The Sanitation District's Excess General Liability Insurance Program is currently
provided through the California Municipal Excess Liability Program (CAMEL) and its
Page 1 of 3
sister program, the Alliant National Municipal Liability Program (ANML). The
Sanitation District has participated in the CAMEL program since FY 1996-97.
This program currently provides the Sanitation District with a $30 million policy of
comprehensive coverage for municipal liability, bodily injury and property damage,
and personal injury. The program was structured to also include Employment
Practices, and Public Officials Errors & Omissions coverage. The $30 million
coverage has a self-insured deductible of $250,000 per occurrence and $500,000
deductible for employment practices claims. Since 1997, the Employment Practices
portion of coverage has been enhanced from a $2 million sub-limit to the full $30
million policy limit.
Actual insurance coverage consists of two separate layers. The first layer is the
"Basic" $10 million program with self-insured retention of $250,000. The second
layer consists of$20 million of coverage in excess of the first layer of$10 million.
The 2013-14 premium is estimated not to exceed is $372,000, approximately 4%
over the prior year.
2) Excess Workers' Compensation Insurance
The Excess Workers' Compensation insurance coverage is with the California State
Association of Counties Excess Insurance Authority (CSAC EIA). The Sanitation
District has participated in this program or its predecessor since 2003. Excess
Workers' Compensation Program currently provides so-called "Statutory" (unlimited)
coverage with a self-insured retention (SIR), or deductible, of$750,000.
The use of Excess Workers' Compensation Insurance dates back to the late 1980's.
At that time, the Fiscal Policy Committee approved an SIR, or deductible, of
$250,OOO, for such coverage.
Due to the hardening of the workers' compensation market, this deductible was
raised to $500,000 beginning in FY 2002-03 through a policy with Employers
Reinsurance Corporation (ERC) that provided coverage at the time of $25 million
with a self-insured retention (SIR), or deductible of$500,000.
Some additional risk may be associated with the CSAC EIA joint powers authority in
that a premium surcharge can be assessed to individual members if an unusually
large number of losses were to occur outside of the actuarial evaluation estimates.
However, historically the CSAC EIA premiums for excess workers compensation
have been so much less than competing quotes available to the Sanitation District
that if even there were a surcharge, the cost might still continue to be cheaper.
The 2013-14 renewal rate for Excess Workers' Compensation Insurance is
estimated not to exceed 0.00315 (a 15% increase) or $200,000 based on estimated
payroll.
Page 2 of 3
3) All-Risk Property, Flood Insurance and Boiler& Machinery Insurance
The All-Risk Property, Flood and Boiler/Machinery Insurance Program (Property
Insurance) provides for comprehensive coverage for most of the Sanitation District's
real and personal property regarding virtually all perils including fire, flood, and
business interruption. The Boiler & Machinery insurance provides comprehensive
coverage for loss caused by machinery breakdown and explosion of steam boilers or
other covered process equipment, including damage to the equipment itself and
damage to other property caused by covered accident.
The Sanitation District previously carried earthquake insurance as part of its
Property Insurance, but in the last few years earthquake insurance has been
impossible to obtain or not cost-effective. Currently, the Sanitation District has
earthquake insurance only in connection with some of its buildings under
construction.
Current Property Insurance limits are $1 billion for most perils other than flood and
earthquakes, and $300 million for flood, with many sub-limits for various situations.
In order to reach $1 billion in limits, the broker had to arrange for nearly a dozen
different layers of insurers. The SIR is $250,000 per occurrence for most types of
losses.
Since the late 1990's, the Property Insurance has been with a nationwide joint
purchase property insurance program called Public Entity Property Insurance
Program (PEPIP), one of the world's largest property programs. It is important to
note that this joint purchase property insurance program offers the purchasing power
of numerous large public entities without the pooling or sharing of coverage or
losses.
The 2013-14 renewal rate for All-Risk Property, Flood and Boiler Insurance is
estimated not to exceed $750,000, a 40% increase over the prior year. This large
rate increase is not related to any Sanitation loss history but to a recent change in
market conditions as a result of various worldwide loses, specifically related to
flooding. Additionally, there is an increase as a result of the new construction that
has finished and now needs to be insured. The Sanitation District and its Broker are
working to reduce this estimate.
CEQA
N/A
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
N/A
Page 3 of 3
ADMINISTRATION COMMITTEE Needng Date TOBd.Of Dlr.
0108113 OS/22/13
Item AGENDA REPORT N Number Item umber
3 Nu
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Lorenzo Tyner, Director of Finance and Administrative Services
SUBJECT: AUTHORIZE AN INCREASE TO PROJECT NO. SP-103, SPECIFICATION
NO. CS-2012-518BD-R, FOR THE PIPING AND INSTRUMENTATION
DIAGRAMS, REDRAW
GENERAL MANAGER'S RECOMMENDATION
Authorize an additional amount of$275,000 to Project No. SP-103, Specification No. CS-
2012-518BD-R, increasing the total not to exceed amount to $525,000 for completion of
the Piping and Instrumentation Diagrams (P&IDs).
SUMMARY
On May 23, 2012, the Orange County Sanitation District ("District") entered into
Agreements to redraw approximately 850 obsolete P&IDs. These drawings are used by
Operations & Maintenance staff to provide process control strategies and troubleshoot
process issues, and by the Engineering staff for project design.
In order to determine the overall level of effort and cost to complete this project, the effort
was separated into two phases. The initial phase (850 drawings) was for only those
drawings related one portion of the treatment plants.
Based on the drawings that have been completed during this initial effort, staff has
determined the efficacy of the effort and the average cost ($300/drawing).
Staff has identified a final 915 drawings that require conversion. At the end of this
contract, all obsolete drawings will be converted.
PRIOR COMMITTEE/BOARD ACTIONS
May 2012 —Awarded a Professional Agreement Contract to TDI Consulting and Brown &
Caldwell for P&ID Redrawing Project, Specification No. CS-2012-518BD-R with an
aggregate amount not to exceed $250,000
ADDITIONAL INFORMATION
From 1995 until July 2010, the District's engineering standard for Computer Assisted
Design (CAD) was Intergraph's Plant Design System (PDS) and was used to create and
manage approximately 1,200 P&ID drawings. The District's PDS software is obsolete
and unsupported. Since July 2010, the District's engineering CAD standard is now
AutoCAD, a more mainstream industry standard. All existing P&ID drawings are being
Page 1 Of 2
converted to the new AutoCAD standard. This includes some long-standing Capital
Improvement Projects that are delivering P&IDs using PDS per the standard that was in
place at the time of the contract.
CEQA
N/A
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
This request complies with authority levels of the District's Delegation of Authority. This
item has been budgeted as SP-103. There is no increase in project budget.
Page 2 0(2
ADMINISTRATION COMMITTEE Needn9 Date TOBd.Of Dlr.
04/10/13 OS/22/13
AGENDA REPORT Item Number Item Number
2 19
Orange County Sanitation District
FROM: James Herberg, General Manager
Originator: Jeff Reed, Director of Human Resources
SUBJECT: TEMPORARY EMPLOYMENT SERVICES
GENERAL MANAGER'S RECOMMENDATION
A. Authorize the General Manager to enter into contracts for Temporary
Employment Services (Specification No.CS-2009-421BD) for a total amount not
to exceed $364,000 per year, for a one-year period (July 1, 2013 through June
30, 2014), with a one-year renewal option with the following temporary service
firms; and,
1. Aerotek Inc.: (General, Engineering, Laboratory)
2. AooleOne Emolovment Services: (General)
3. Material and Contract Services - Procurement Services Associates:
(Contract Services)
4. On Assignment Staffing Services- Lab Support: (Laboratory)
5. TEG Staffing: (Human Resources)
6. TekSvstems: (Technical)
7. Project Partners: (Technical)
8. Xvon Business Solutions: (Technical)
9. Robert Half. Inc. (General)
10. Procurement Services Associates
B. Approve an annual contingency of$36,000; and,
C. Authorize the General Manager to add or delete such firms as necessary to meet
work requirements as identified by the Human Resources Department; and
D. Direct the General Manager to obtain prior approval of the Administration
Committee before exceeding $100,000 with any one of the above-listed
temporary service firms.
SUMMARY
( Orange County Sanitation District's (OCSD) strategic staffing plan includes utilizing
full-time and part-time regular employees, contract employees, and temporary
employees. This report specifically focuses on temporary services employees who
are utilized as a supplement to the regular workforce for accommodating workload
demands and workflow fluctuations.
Page 1 of 4
( The key advantage associated with temporary staffing is flexibility, since temporary
employees are used for adjusting staffing levels quickly and for a limited timeframe.
Temporary services are utilized for filling approved budgeted positions due to illness,
vacations, leaves of absence, and vacant open positions; in addition, temporary
services are also used for approved special projects and budgeted capital
improvement projects (CIP) that are non-engineering related.
( In June 2004, the Board of Directors awarded contracts for Temporary Employment
Services for a period of one year, renewable for a period of four years. The Board of
Directors authorized staff to utilize a combination of several firms to supply
temporary services to OCSD in order to provide staffing flexibility and to comply with
the OCSD Purchasing Resolution. These contracts expired on June 30, 2009.
PRIOR COMMITTEE/BOARD ACTIONS
( April 2013 — Administration Committee approved to recommend to the Board of
Directors to authorize the General Manager to enter into contracts for Temporary
Employment Services (Specification No.CS-2009-421BD) for a total amount not to
exceed $364,000 per year, for a one-year period (July 1, 2013 through June 30,
2014), with a one-year renewal option with the prior-listed temporary service firms;
( May 2012 — Board approved entering into contracts for Temporary Employment
Services (Specification No. CS-2009-421BD) with temporary service firms for a total
amount of $405,000 per year, for a one-year period (July 1, 2012 through June 30,
2013), with a one-year renewal option. A $45,000 increase had been added to the
projected budget as a contingency fund for unplanned staffing needs that adversely
impacted OCSD staffing resources.
( December 2011 — Board approved to increase the current Temporary Employment
Services (Specification No. CS-2009-421BD) funding of $150,000 by $119,000 with
temporary service firms for a new total amount not to exceed $300,000 for the
remainder of the fiscal year (through June 30, 2012).
( June 2011 — Board approved entering into contracts for Temporary Employment
Services (Specification No. CS-2009-421BD) with temporary service firms for a total
amount of $126,000 per year, for a one-year period (July 1, 2011 through June 30,
2012), with a one-year renewal option. A $24,000 increase had been added to the
projected budget as a contingency fund for unplanned staffing needs that adversely
impacted OCSD staffing resources.
( June 2009 - Board approved entering into contracts for Temporary Employment
Services (Specification No. CS-2009-4218D) with temporary service firms for a total
amount of $450,000 per year, for a one-year period (July 1, 2009 through June 30,
2010), with a one-year renewal option. A $50,000 increase had been added to the
projected budget as a contingency fund for unplanned staffing needs that adversely
impacted OCSD staffing resources.
Page 2 of 4
( May 2004 — Board approved entering into contracts for Temporary Employment
Services for: (1) Authorize staff to establish contracts for Temporary Employment
Services, Specification No. S-2004-181131), with temporary service firms for a one
year period, July 1, 2004 through June 30, 2005, for a total amount not to exceed
$1,700,000 per year; and (2) Authorize staff the option of four additional one year
contract renewals, cancelable at any time, for a total amount not to exceed
$1,700,000 per year; and, (3) Authorize staff to enter into these contracts with
temporary service firms, as identified by the Human Resources Department, with the
authorization to add or delete such firms to meet District work requirements.
ADDITIONAL INFORMATION
The proposed FY13/14 Operating budget for temporary services is $400,000 for
unplanned staffing needs that adversely impact OCSD staffing resources such as
Leaves of Absences (LOA's), promotions, and separations of employment. The
contingency fund is being requested based on prior committee actions mentioned above
where staff had to request periodic increases for the use of temporary services for CIP
projects. This was due to CIP projects being initiated and approved by the Board during
the fiscal year; however, appropriate staffing was not pre-planned during the initial
budget process.
There are approximately 4 temporary employees currently assigned to OCSD working
predominantly on general administrative support and Information Technology
assignments. Information Technology utilizes temporary staffing to support streamlining
and automating of processes throughout the agency so that budgeted headcount does
not need to be increased; in addition, the appropriate technical specialists can be
utilized to augment existing skill sets as needed and for a limited time. The Facilities
Engineering and Maintenance divisions are utilizing temporary staffing while current full
time staff are away due to disability leaves of absence.
OCSD currently utilizes 9 temporary services agencies to provide temporary workers on
an as-needed basis to accomplish OCSD work requirements. The cost of a temporary
employee includes the temporary's hourly rate. A mark-up rate is the "payment" to the
temporary agency to cover the benefits provided to the temporary worker and overhead
costs of the temporary agency. The mark-up rates for the current temporary agencies
utilized by OCSD range from 30% to 70%.
OCSD anticipates utilizing additional technical agencies in the future to meet
departmental needs; therefore, staff is requesting authorization to enter into similar
temporary services agreements with other providers without having to return to the
Board to approve each additional staffing agency. Human Resources staff interviews
each temporary agency prior to entering into a contract for services to ensure
administrative requirements are met for doing business with OCSD. Temporary
agencies work with Purchasing to sign applicable forms and agree to the proper
insurance and employment practices prior to entering into a contract with OCSD. The
Page 3 of 4
contract includes specific information related to work hours, billing rates, invoicing and
payment, confidentiality, etc.
Temporary Services Account Budget History
Fiscal Year Amount
2013 —2014 $ 400,000
2012 —2013 $ 450,000
2011 —2012 $ 300,000
2010 —2011 $ 424,200
2009—2010 $ 760,020
2008 -2009 $1,700,000
2007-2008 $1,700,000
SERVICE PROVIDERS 2011-12 2012-13 YTD
AEROTEK $ 143,289 $ 48,988
APPLEONE $ 64,308 $ 95,770
THE CREATIVE GROUP $ 36,495 $ 55,776
PROJECT PARTNERS $ 25,425 $ -
TEG STAFFING, INC. $ 8,333 $ -
TEKSYSTEMS $ 22,672 $ 49,986
LAB SUPPORT $ - $ 24,955
TOTAL $ 300,521 $ 275,475
CEQA
N/A
BUDGETIDELEGATION OF AUTHORITY COMPLIANCE
N/A
ATTACHMENTS
The following attachment(s) are provided in hard copy and may also be viewed on-line at the OCSD
website(mn .ocsd.coml with the complete agenda package and attachments:
( Draft Temporary Services Agreement (7 Pages)
Page 4 of 4
Return to Mende Report
TEMPORARY SERVICES AGREEMENT
THIS AGREEMENT is made and entered into, to be effective July 1, 2012 by and between ORANGE
COUNTY SANITATION DISTRICT having a principal place of business at 10844 Ellis Avenue, Fountain
Valley, California, 92708 (hereinafter referred to as "OCSD") and having a principal
place of business at (hereinafter referred to as "Company"),
collectively referred to as the"Parties".
Company represents that it has expertise providing Support Staffing services ("Services"). Based on
Company's expertise and experience, OCSD wishes to temporarily engage the Services of Company,
and in consideration of the covenants and agreements set forth herein,the Parties agree as follows:
1. Engagement of Company
a. OCSD hereby engages Company to provide Assigned Employees to perform Services
and Company accepts the engagement, and agrees to provide the Assigned Employees
to perform Services upon the terms and conditions set forth herein. OCSD agrees that it
is responsible for managing the work and work product assigned to the Assigned
Employees. Notwithstanding the foregoing, the Assigned Employees shall be employees
of Company, and Company shall remain the legal employer of the Assigned Employees
placed with OCSD for all purposes, including responsibility for (i) hiring, evaluating,
rewarding, terminating or disciplining the Assigned Employees; (ii) paying all federal,
state, and local labor and employment taxes; and (iii) calculation of wages, and
unemployment and workers compensation insurance.
b. The services provided by SERVICE PROVIDER under this Agreement shall not create an
employer/employee relationship.
c. SERVICE PROVIDER, all its employees, officers, independent contractors,and/or agents
shall only be entitled to the compensation provided for in this Agreement and shall not be
eligible to receive any other benefits from OCSD.
d. Company shall be responsible for providing, at Company's expense, worker's
compensation or other insurance as well as all licenses and permits usual or necessary
for conducting the Services hereunder. Company shall be obligated to pay any and all
applicable local, state and federal payroll and other taxes incurred as a result of fees
hereunder. Company hereby indemnifies OCSD for any claims, losses, costs, fees,
liabilities, damages or penalties suffered by OCSD arising out of Company's breach of
this provision.
2. Assigned Employees
a. Assigned Employees are defined as the person or persons employed by the Company
and temporarily assigned to OCSD to perform temporary Services as described under
this Agreement.
b. Company shall be responsible for assigning employees as exempt or nonexempt per the
Guidelines set by the Federal Government. Exempt employees will not be eligible for
overtime nor will their pay be deducted for absences of less than one day.
c. OCSD reserves the right to require Assigned Employees to sign an acknowledgement as
to their understanding that they are employees of the Company and not of OCSD and
that they shall not be entitled to any benefits accorded to those individuals listed on
OCSD'S payroll.
Temporary Services Agreement 1 of 7 Orange County Sanitation District
Return to Mends Report
3. Work Hours
Company shall provide Services to OCSD for up to five (5) days per week, eight (8) hours per day or a
9180 schedule which is eight(8)—nine(9)hour days and one (1)-eight(8)hour day in a two week period
at the discretion of OCSD. Additional hours above the forty (40) hours per week or eighty (80) hours in
two weeks may be worked if prior written approval is obtained from OCSD. Assigned Employees shall
work on site generally between OCSD'S business hours of 6:00 a.m.to 5:00 p. m,with one hour set aside
each of these days as non-compensated personal time. Company agrees to act in good faith for the
duration of the Agreement unless terminated sooner in accordance with the provisions of this Agreement.
4. Company's Representations
In the performance of the Services under this Agreement, Company shall adhere to the highest fiduciary
standards, ethical practices and standards of care and competence. Company agrees to comply with all
applicable Federal, State and local laws and regulations.
5. Billing Rates
a. At the time Company submits resumes to OCSD for consideration, Company shall be
required to supply the billing rates of each of the candidates. Billing Rates shall be in
accordance with the hourly rate billing range in Exhibit B.
b. OCSD reserves the right to negotiate billing rates with Company. OCSD, at its sole
discretion, shall be the determining party as to whether billing rates submitted are
acceptable for any position required.
c. Any changes in billing rates shall have the prior written approval of OCSD. OCSD, at its
sole discretion, reserves the right to refuse any increases other than those mandated
either by state or federal law.
6. Invoicing and Payment
a. Company shall submit invoices to OCSD'S Accounts Payable Division on a monthly basis
for Services performed. Company shall support each invoice with time sheets, approved
by OCSD, for Services performed. Invoices shall include the Purchase Order Number
and shall be submitted for approval to OCSD at the above-referenced address. After
OCSD has approved the invoice, payment will be due within thirty (30) days of receipt of
the invoice.
b. OCSD shall have fifteen (15)days after the date of invoice receipt to contest in good faith
the amounts and items charged. If uncontested amounts remain unpaid for thirty (30)
days or more, Company may discontinue Services until such amounts are paid.
c. Company acknowledges and understands that Company, all of its employees, officers,
independent contractors, and/or agents shall only be entitled to payments for Services
performed and shall not be entitled to any other benefits from OCSD.
7. Agreement Period
a. Services to be provided by Company under this Agreement shall commence on
and run through
b. OCSD reserves the right to renew this Agreement annually for up to four (4) additional
years upon approval and written agreement of OCSD and Company. OCSD makes no
obligation to extend or renew. All renewals may be exercised through the Amendment
and Purchase Order process.
Temporary Services Agreement 2 of 7 Orange County Sanitation District
Return to Mends Report
8. Billing Reports
Company shall be required to submit a report each month to OCSD'S Human Resources Department that
includes Assigned Employee(s)name(s), project number(s), bill rate(s), pay rate(s)and hours worked.
9. Expenses
OCSD shall reimburse Company for reasonable out-of-pocket expenses incurred by Assigned Employees
required and actually incurred in performing services, provided the Company and/or Assigned Employees
have obtained OCSD's prior written approval and submits supporting documentation satisfactory to
OCSD. If Assigned Employees are required to travel, they must first obtain Company and OCSD'S
written consent. Time spent in local travel to and from home to OCSD'S plant sites shall not be
considered time worked and shall not be compensated.
10. Audit Rights
Company agrees that, during the term of this Agreement and for a period of three (3) years after its
termination, OCSD shall have access to and the right to examine any directly pertinent books,
documents, and records of Company relating to the invoices submitted by Company pursuant to this
Agreement.
if. Ownership of Intellectual Property
a. Company agrees that all designs, plans, reports, specifications, drawings, schematics,
prototypes, models, inventions, and all other information and items made during the
course of this Agreement and arising from the Services (hereinafter referred to as "New
Developments") shall be and are assigned to OCSD as its sole and exclusive property.
Company agrees to promptly disclose to OCSD all such New Developments. Upon
OCSD'S request, Company agrees to assist OCSD, at OCSD'S expense, to obtain
patents or copyrights for such New Developments, including the disclosure of all pertinent
information and data with respect thereto, the execution of all applications, specifications,
assignments, and all other instruments and papers which OCSD shall deem necessary to
apply for and to assign or convey to OCSD, its successors and assigns, the sole and
exclusive right, title and interest in such New Developments. Company agrees to obtain
or has obtained written assurances from its employees and contract personnel of their
agreement to the terms hereof with regard to New Developments and Confidential
Information.
b. Company warrants that Company has good title to any New Developments, and the right
to assign New Developments to OCSD free of any proprietary rights of any other party or
any other encumbrance whatever.
12. Confidentiality and Non-Disclosure
a. Company acknowledges that in performing the Services hereunder, OCSD may have to
disclose to Company orally and in writing certain confidential information that OCSD
considers proprietary and has developed at great expense and effort. As used herein,
the term "Confidential Information" means any scientific or technical data, marketing,
operating, financial, business or any other information, design, process, procedure,
formula or improvement in written, printed, graphic, or electronically recorded materials,
that is commercially valuable to OCSD and not generally known in the industry. Company
further acknowledges that the Services and any deliverables may incorporate
Confidential Information. Company agrees that all items of Confidential Information are
proprietary to OCSD and shall remain the sole property of OCSD.
b. Company agrees as follows:
i. To use the Confidential Information only for the purposes described herein;to not
reproduce the Confidential Information; to hold in confidence and protect the
confidential Information from dissemination to and use by anyone not a party to
Temporary Services Agreement 3 of 7 Orange County Sanitation District
Return to Aaenda Report
this Agreement; and to not use the Confidential Information to benefit itself or
others.
ii. To restrict access to the Confidential Information to personnel of Company who
(i) have a need to have such access and (if) have been advised of and have
agreed in writing to treat such information in accordance with the terms of this
Agreement.
iii. To return all Confidential Information in Company's possession upon termination
of this Agreement or upon OCSD'S request,whichever occurs first.
iv. To hold in confidence information and materials, if any, developed pursuant to
the Services hereunder.
c. The provisions of this Paragraph shall survive termination or expiration of this Agreement
and shall continue for so long as the material remains confidential.
13. Insurance
Company shall purchase and maintain, throughout the life of this Agreement, disability insurance as well
as other insurance as defined in the Acknowledgement of Insurance Requirements (attached hereto and
incorporated herein as Exhibit "A"). Company shall not commence work under this Agreement until all
required insurance is obtained in a form acceptable to OCSD. Failure to maintain required insurance
coverage shall result in termination of this Agreement.
14. Indemnification
To the fullest extent permitted by law, Company shall indemnity, defend, protect and hold harmless
OCSD and all of OCSD's officials, officers, directors, employees, consultants, and agents (collectively the
"Indemnified Parties"), from any and against any and all claims, damages, liabilities, causes of action,
suit, arbitration award, losses, judgments, fines, penalties, costs and expenses (including, without
limitation, reasonable attorneys' fees, disbursements and court costs; individually, a "Claim"; collectively,
"Claims") which may arise from, result from, or are related to Company's negligence, recklessness, or
willful misconduct in performing the Services, or any breach or failure of Company to perform its Services
contained in this Agreement. Notwithstanding the foregoing, nothing herein shall be construed to require
CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from:
(A) the active negligence or willful misconduct of the Indemnified Parties;or
(B) a natural disaster or other act of God, such as an earthquake.
Exceptions(A)through (B) above shall not apply, and CONSULTANT shall, to the fullest extent permitted
by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such
cause taken alone would otherwise result in the obligation to indemnify hereunder."
15. Smoking
Smoking is only allowed in designated areas. Smoking is not allowed in any building, electrically
classified area or process area where methane gas may be present. Lack of compliance with OCSD
Smoking policy will be cause for removal of offending personnel from the site, termination of the
Agreement,or both.
16. Warrantees
There are no warranties,expressed or implied, except as expressly set forth herein.
17. Conflict of Interest
Company affirms that to the best of its knowledge there exists no actual or potential conflict between
Company's families, business or financial interest or its Services under this Agreement, and in the event
of change in either its private interests or Services under this Agreement, it will raise with OCSD any
question regarding possible conflict of interest which may arise as a result of such change.
Temporary Services Agreement 4 of 7 Orange County Sanitation District
Return to Aaenda Report
18. No Solicitation of Employees
No referral fee will be paid to Company for a referral which leads to the employment of the candidate with
the OCSD if such employment commences more than ninety(90)days after the date stamp appearing on
the candidate's resume submitted by or through Company, unless written extension has been given by
OCSD'S Human Resources Department.
19. Termination
a. OCSD reserves the right to tenninate this Agreement, in whole or in part, without cause,
at any time, by written notice to Company. Upon receipt of a termination notice,
Company shall immediately discontinue all work under this Agreement(unless the notice
directs otherwise). OCSD shall thereafter, within thirty (30) days, pay Company for work
performed (cost and fee)to the date of termination. Company expressly waives any claim
to receive anticipated profits to be earned during the uncompleted portion of the
Agreement. Such notice of termination shall terminate this Agreement and release
OCSD from any further fee, cost or claim hereunder by Company other than for work
performed to the date of termination.
b. OCSD reserves the right to end an assignment with Assigned Employee(s), without or
without cause, at any time by notifying Company and Company shall replace the
assigned employee if requested by OCSD. In terminating an assignment with one or
more Assigned Employee(s), OCSD shall not discriminate on the basis of race, religion,
national origin, gender or other unlawful basis. In the event such termination is effected,
the Assigned Employee shall immediately discontinue all work under this Agreement
(unless the notice directs otherwise).
c. OCSD may also immediately cancel for default of this Agreement in whole or in part by
written notice to Company:
I. if Company becomes insolvent or files a petition under the Bankruptcy Act; or
ii. if Company sells its business;or
iii. if Company breaches any of the terms of this Agreement; or
iv. if such breach is capable of cure and if the Company fails to cure the default
within thirty(30)days.
d. All OCSD property in the possession or control of Company shall be returned by
Company to OCSD on demand, or at the termination of this Agreement, whichever
occurs first.
20. Damage to OCSD's Property
Any OCSD property damaged by Company will be subject to repair or replacement by Company at no
cost to OCSD.
21. Drug-Free Workplace
Company and all its employees and sub-consultants must adhere to the California Drug-Free Workplace
Act, Sections 8350 through 8357.
22. Governing Law
a. This Agreement shall be governed by and interpreted under the laws of the State of
California and the Parties submit to jurisdiction in Orange County, in the event any action
is brought in connection with this Agreement or the performance thereof.
Temporary Services Agreement 5 of 7 Orange County Sanitation District
Return to Mende Rom
b. In the event of a dispute as to the construction or interpretation of this Agreement, or any
rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the
dispute by mediation. The Parties shall mutually select a mediator to facilitate the
resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation
shall be conducted in accordance with the Commercial Mediation Rules of the American
Arbitration Agreement, through the alternate dispute resolution procedures of Judicial
Arbitration through Mediation Services of Orange County ("JAMS"), or any similar
organization or entity conducting an alternate dispute resolution process.
In the event the Parties are unable to timely resolve the dispute through mediation, the
issues in dispute shall be submitted to arbitration pursuant to California Code of Civil
Procedure, Part 3, Title 9, Sections 1280 at seq. For such purpose, an agreed arbitrator
shall be selected, or in the absence of agreement, each party shall select an arbitrator,
and those two arbitrators shall select a third. Discovery may be conducted in connection
with the arbitration proceeding pursuant to California Code of Civil Procedure Section
1283.05. The arbitrator, or three arbitrators acting as a board, shall take such evidence
and make such investigation as deemed appropriate and shall render a written decision
on the matter in question. The arbitrator shall decide each and every dispute in
accordance with the laws of the State of California. The arbitrator's decision and award
shall be subject to review for errors of fact or law in the Superior Court for the County of
Orange,with a right of appeal from anyjudgment issued therein.
23. Mod cations
This Agreement may not be modified, changed or supplemented, nor may any obligations hereunder be
waived or extensions of time for performance granted, except by written instrument signed by both
Parties.
24. Assignment
This Agreement and the rights, duties, and obligations hereunder may not be assigned by Company
without the prior written consent of OCSD.
25. Partial Invalidity
Any provision of this Agreement which is found to be invalid or unenforceable shall be ineffective to the
extent of such invalidity or unenforceability, and the invalidity or unenforceability of such provision shall
not affect the validity or enforceability of the remaining provisions hereof.
26. Nonexclusive Agreement
This Agreement is not exclusive to Company. OCSD reserves the right to enter into similar or like
agreements with other companies.
27. Entire Agreement
This Agreement constitutes the entire agreement of the Parties and supersedes all prior written or oral
and all contemporaneous oral agreements, understandings, and negotiations between the Parties with
respect to the subject matter hereof. This Agreement is intended by the Parties as the final expression of
their agreement and may not be contradicted by evidence of any prior or contemporaneous agreement.
28. Notices
Any notice required to be given hereunder shall be deemed to have been given either when served
personally, by facsimile, or when sent by first class mail addressed to the Parties at the addresses set
forth in this Agreement:
DISTRICT: Chris Yates, C.P.M., CPPB
Senior Buyer
Orange County Sanitation District
Temporary Services Agreement 6 of 7 Orange County Sanitation District
Return to Aaenda Report
10844 Ellis Avenue
Fountain Valley, CA 92708
COMPANY:
IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the date first written
above at Fountain Valley, California.
ORANGE COUNTY SANITATION DISTRICT
Dated: By:
Contracts/Purchasing Supervisor
Dated: By
Print Name and Title
IRS Employer's I.D. Number
\1) 'V
Temporary Services Agreement 7 of 7 Orange County Sanitation District