HomeMy WebLinkAbout05-28-2014 Board Meeting Agenda Packet Orange County Sanitation District sw°i"renori°oisrn Wednesday, May 28, 2014
Regular Meeting of the 6:30 P.M.
Board of Directors Board Room
10844 Ellis Avenue
MAI
Fountain Valley, CA 92708
WE (714) 593-7130
1954-2014
AGENDA
INVOCATION AND PLEDGE OF ALLEGIANCE: (David Shawver, City of Stanton)
ROLL CALL & 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.
SPECIAL PRESENTATIONS:
• Presentation of Certificates of Commendation to:
o National Water Research Institute
o Southern California Coastal Water Research Project
• Presentation of the "Large Plant Safety Award"from California Water Environment
Association
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.
0512W14 OCSD Board of Directors Agenda Page 1 of 7
ELECTIONS:
1. A. Open nominations for Chair of the Board of Directors (Election to be held at
the regular June Board Meeting, unless only one candidate is nominated).
B. Open nominations for Vice Chair of the Board of Directors (Election to be
held at the regular June Board Meeting, unless only one candidate is
nominated).
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.
2. Ratify payment of claims of the District, by roll call vote, as follows:
Claims Paid for the Period Ending: 04/15/14 04/30/14
Totals $ 6,412,873.43 $ 12,774,929.70
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 Any items withdrawn from the Consent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.
3. Approve minutes for the Regular Board Meeting held on April 23, 2014.
4. A. Receive and file bid tabulation and recommendation; and
B. Award a construction contract to W.M. Lyles, Co. for Activated Sludge
Facility 2 Aeration Basin Effluent Splitter Box Modification, Contract No.
P1-102A, for a total amount not to exceed $273,908; and
C. Approve a contingency of$54,782 (20%).
5. Adopt Resolution No. OCSD 14-05, authorizing Financial and Legal Commitment
of Funding Agreement and Related Documents for Funding under the U.S.
Bureau of Reclamation, Water 2025, directing staff to apply for a grant up to
$450,000 for the Effluent Reuse Study, Project No. SP-173.
0512W14 OCSD Board of Directors Agenda Page 2 of
OPERATIONS COMMITTEE:
6. Approve minutes for the Committee Meeting held on May 7, 2014.
7. Approve a three-year Memorandum of Understanding with California State
University, Fullerton Auxiliary Services Corporation for Operation of the Center
for Demographic Research, for the period July 1, 2014 through June 30, 2017,
for a total amount not to exceed $239,344.
8. A. Terminate the agreement of May 1, 2007, between OCSD and SCCWRP,
which provided use of OCSD laboratory facilities; and
B. Direct the General Manager of OCSD to notify the Executive Director of
SCCWRP of the decision to terminate this agreement effective three
months from the date of the notice.
9. A. Approve Change Order No. 2 to Purchase Order 104627-OB to Olin Chlor
Alkali Products, for the Purchase of sodium hypochlorite, Specification No.
C-2012-536 authorizing a unit price increase of $0.05 per gallon for a new
total unit price of$0.489/gallon delivered, plus applicable sales tax, for the
period beginning September 1, 2014 through August 31, 2015, and for all
subsequent contract renewal periods; and
B. Approve a 10% annual unit price contingency.
10. A. Award a Contract to Polydyne Inc. for the purchase of Cationic Polymer,
Specification No. C-2013-59113D, for a unit price of $2.425 per active
pound delivered for Solution Polymer (WE-192) plus applicable sales tax,
and $2.225 per active pound delivered for Mannich Polymer (C-331) plus
applicable sales tax, and $2.929 per active pound delivered for Emulsion
Polymer (WE-1233) plus applicable sales tax, and $2.643 per active
pound delivered for Emulsion Polymer (WE-1328) plus applicable sales
tax, for a total estimated amount of $1,650,100 for the period July 1, 2014
through June 30, 2015, with four one-year renewal options; and
B. Approve a 10% annual unit price contingency.
11. A. Approve Amendment No. 6 to the Professional Design Services
Agreement with Tetra Tech, Inc., providing for additional engineering
services for Gisler-Redhill System Improvements, Reach B, Contract No.
7-37, for an additional amount of$416,000 increasing the total amount not
to exceed $1,475,479; and
05/2a/14 OCSD Board of Directors Agenda Page 3 of 7
B. Approve a contingency increase for an additional amount of$73,774 (5%).
ADMINISTRATION COMMITTEE - CONSENT:
12. Approve minutes for the Committee Meeting held on May 14, 2014.
13. Approve not-to-exceed numbers as follows, with the understanding that the
Sanitation District's insurance broker will continue to negotiate with insurers to
seek the lowest possible premiums prior to the expiration date of the current
major insurance policies:
A. Excess liability insurance - $390,224; and
B. Excess workers compensation insurance - a rate of $0.3408 per $100 of
payroll (estimated premium at $223,000); and
C. Property and Boiler & Machinery combined - $705,830.
14. A. Authorize the General Manager to enter into contracts for Temporary
Employment Services (Specification No.CS-2009-421BD) for a one-year
period (July 1, 2014 through June 30, 2015), for a total amount not to
exceed $550,000 per year, with a 5% annual aggregate escalation factor,
with four one-year renewal options; and
B. Authorize the General Manager to add or delete such firms as necessary
to meet work requirements as identified by the Human Resources
Department.
ADMINISTRATION COMMITTEE - NON-CONSENT:
15. A. Introduce Ordinance No. OCSD-46, entitled "An Ordinance of the Board of
Directors of the Orange County Sanitation District amending Section 2.03
of Article II of Ordinance No. OCSD-41 concerning rebates and refunds of
Sanitary Sewer Service Charges.'; and
B. Motion to read Ordinance No. OCSD-46 by title only and waive reading of
said entire Ordinance on May 28, 2014; and
C. Set June 25, 2014 as the date for the second reading and adoption of
Ordinance No. OCSD-46; and
D. Direct the Clerk of the Board to publish summaries of the Ordinance as
required by law.
05/2a/14 OCSD Board of Directors Agenda Page 4 of
STEERING COMMITTEE:
16. Approve minutes for the Steering Committee Meeting held on April 23, 2014.
17. Authorize the General Manager or his designee to vote on behalf of the Orange
County Sanitation District in support of the California Association of Sanitation
Agencies' new bylaws via ballot due on June 16, 2014.
LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE:
18. Receive and file the minutes of the May 12, 2014 meeting of the Legislative and
Public Affairs Special Committee.
AB1234 REPORTS (IF ANY):
DIRECTORS: Pursuant to Government Code section 53232.3(d), Directors must provide a brief report
on any meetings attended at the District's expense.
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 LEGAL COUNSEL RE ANTICIPATED LITIGATION
(Government Code Section 54956.9(d)(2))
Significant Exposure to Litigation
Number of Potential Cases: 2
Klean Water, Inc.
Sonja Wassgren Morgan
05/2e/14 OCSD Board of Directors Agenda Page 5 of 7
(2) CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION
(Government Code Section 54956.9(d)(4))
Initiation of Litigation pursuant to paragraph (4) of subdivision (d) of
Section 54956.9
Number of Potential Cases: 1
Klean Water, Inc.
(3) CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Number of Cases: 2
Ross v. Orange County Sanitation District, Orange County Superior
Court, Case Number 30-2014-00714553-CU-OE-CJC
Shaaban v. Orange County Sanitation District, Orange County
Superior Court, Case Number 30-2014-00714553-CU-WT-CJC
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 Board Meeting on June 25, 2014, at
6:30 p.m.
05/28/14 OCSD Beard of Directors Agenda Page 6 of 7
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
mavalalglocsd.com
For any questions on the agenda,Committee members may contact staff at
General Manager Jim Herberg (714)593-7300 iherbera(g ocsd.com
Assistant General Manager Bob Ghirelli (714)593-7400 rohirelli0ocsd.com
Director of Engineering Rob Thompson (714)593-7310 rthomosonaocsd.com
Director of Facility Support Services Nick Arhontes (714)593-7210 narhontes0ocsd.cem
Director of Finance and Lorenzo Tyner (714)593-7550 Itvner(cDocsd.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
05/28/14 OCSD Board of Directors Agenda Page 7 of 7
BOARD OF DIRECTORS NeeBng Date I TOBA.Or Dir.
— 05/28/14
AGENDA REPORT Item Number Item Number
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Maria E. Ayala, Clerk of the Board
SUBJECT: NOMINATIONS FOR CHAIR AND VICE CHAIR OF BOARD OF
DIRECTORS
GENERAL MANAGER'S RECOMMENDATION
A. Open nominations for Chair of the Board of Directors (Election to be held at the
regular June Board Meeting unless only one candidate is nominated).
B. Open nominations for Vice Chair of the Board of Directors (Election to be held at
the regular June Board Meeting unless only one candidate is nominated).
SUMMARY
As provided in the Board's Rules of Procedures, nominations for the Chair and Vice
Chair are made at the regular May meeting, and the election will take place at the June
meeting.
The following is an excerpt from the current Rules of Procedures relative to the election
of the Chair and Vice Chair for the Board of Directors of Orange County Sanitation
District:
"G. Chairperson and Vice Chairperson of the Board. A Chairperson and Vice
Chairperson of the Board shall be elected by a majority vote of Directors at the regular
meeting in June of each year, and will assume office July 1st. The nominations for
Chairperson and Vice Chairperson shall be made at the regular Board meeting in May
of each year. Any person nominated for Chairperson shall be deemed to be nominated
for Vice Chairperson in the event the person is not elected as Chairperson. Thereafter,
the nominees shall prepare a statement setting forth their qualifications for the office
sought. The statements shall be mailed to members of the Board of Directors with the
Agenda and other meeting material for the June regular meeting. If only one individual
is nominated for Chairperson at the regular Board meeting in May, that individual shall
be deemed elected as Chairperson, no election shall be held in June, and the individual
shall assume office July 1st. If only one individual is nominated for Vice Chairperson at
the regular Board meeting in May, that individual shall be deemed elected as Vice
Chairperson, no election shall be held in June, and the individual shall assume office
July 1".
The Chairperson and Vice Chairperson shall serve at the pleasure of a majority
of the Directors. In the event the office of Chairperson becomes vacant due to
resignation or retirement of the incumbent prior to the expiration of the regular term, the
Page 1 of 2
Vice Chairperson shall automatically succeed to the office of the Chairperson and shall
continue to serve through the remainder of the regular term unless sooner removed by
action of a majority of the Directors. In the event the office of Vice Chairperson
becomes vacant prior to the expiration of the regular term, nominations and the election
of a Director to serve in that capacity shall be conducted at the next regular Board
meeting. The person so elected shall serve the balance of the regularly-scheduled term
unless sooner removed as a result of action by a majority of the Directors.
The Chairperson shall not serve more than two consecutive one-year terms for
which he/she has been elected to the office of Chairperson. The Vice Chairperson shall
not serve more than two consecutive one-year terms for which he/she has been elected
to the office of Vice Chairperson"
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
N/A
ATTACHMENTS
N/A
Page 2 of 2
BOARD OF DIRECTORS Meeting Dare I TOBA.Of Dir.
— oS/zs/14
AGENDA REPORT em Number Item Numbe
Z
Orange County Sanitation District
FROM: James D. 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
N/A
ATTACHMENTS
The following attachment(s) are attached in hard copy and may be viewed on-line at the OCSD website
(mi w.ocsd.coml with the complete agenda package and attachments:
1. Copies of Claims Paid reports from 4/01/14—4/15/14 and 4/16/14—4/30/14
Page 1 of 1
Return to Aaentla Report
Claims Paid From 411114 to 4115114
Vendor Warrant No. Amount Description
Amounts Payable Warrants
1000BULBS.COM 64116 521.38 Electrical/Electronic Equipment,Parts&Repairs
30MA 63924 150.00 Professional Organizations MestaglTraining/Membership
Absolute Standards,Inc. 63925 360.00 Laboratory Services&Supplies
ACORN MEDIA 64117 460.21 Mina,Equipment.Parts,Accessories&Services
AECOM Technical Services,Inc. 63913 43,089.98 Professional Services/Engineering Design Services
Air Liquids America Specialty Gases LLC 64118 223.30 Laboratory Services&Supplies
Air Liquids Industrial U.S.,LP 63926 16,066.15 Laboratory Services&Supplies
Air Liquids l ndustrial U.S.,LP 64119 5,085]] Laboratory Services&Supplies
Airgas Safety,Inc. 1665 15,357.38 Safety,Security,Health Equipment,Supplies,and Services
Ain Safety, Inc. 1679 11,351.08 Safety,Security,Health Equipment,Supplies,and Services
Airgas USA,LLC 1666 1,663.75 Laboratory Services&Supplies
Algae USA,LLC 1680 50.01 Laboratory Services&Supplies
Allstate Insurance Company 64120 3,132.18 Claim Settlement
American Chemical Society 63927 154.00 Professional Organizations Meeting/Training/Membership
American Tminco,Inc. 64121 1,680.00 Training Registration
American Water Works Assay,Meter Qualit 64122 238.00 Professional Organizations Mea4ng(Tmining/MombershiplMeeting Registration
Amtech Elevator Services 63928 4,410.00 Miscellaneous Services
Amtech Elevator Services 64123 2,070.00 Miscellaneous Services
AppleOne Employment Service 1667 919.60 Professional Services/temporary Services
Applied Industrial Technology 63930 158.16 Repair&Maintenance Services and/or Supplies
Applied Industrial Technology 64124 251.16 Repair&Maintenance Services and/or Supplies
Arizona Instruments,L.L.C. 64125 11306.08 Electrical/Electronic Equipment,Parts&Repairs
AT&T Mobility II,L.L.C. 63933 699.96 Telecommunications
AT&T Mobility ll, L.L.C. 639U 7,127.88 Telecommunications
AT&T Universal Biller 63932 52.46 Telecommunications
ATM AA,Inc. 64127 560.00 Lab Services
AW Associates Inc. 63936 4,750.00 Repair&Maintenance Services and/or Supplies
AW Associates Inc. 64128 620.10 Repair&Maintenance Services and/or Supplies
Awards&Trophies Company 63936 T1.92 Awards and Framing Services
Avre ds&Trophies Company 64129 47.52 Awards and Framing Services
AWSI 64130 1,104.80 Professional Services-DOT Program Administration
Barrel Corp.International 64131 3,542.50 Professional Organizations Meeting/Training/Membership
Battery Specialties 63937 770.04 Batteries,Various
Battery Specialties 64132 161.19 Batteries Various
Battery Systems,Inc. 63938 10,709.78 Repair&Maintenance Services and/or Supplies
BC Wine Rope&Rigging 63938 2,88l Tools&Supplies
BC Wine Rope&Rigging 64133 750.06 Tools&Supplies
Beach Wire and Cable 63940 903.20 Telecommunications
Bell Pipe&Supply Co. 64134 1,130.95 Repair&Maintenance Services and/or Supplies
Bently Nevada Inc. 63941 1,119.13 Repair&Maintenance Services and/or Supplies
Blolverieux Vill Inc. 64135 8,761 Laboratory Services&Supplies
Black&Veatch Corporation 63914 105,834.28 Professional Services/Engineering Design Services
Bongarde Holdings,Ltd. 64136 9,748.05 Professional Organizations Meetingffmining/Membership
Borden Decal Company 64137 628.30 Safety,Security,Health Equipment,Supplies,and Services
Brenntag Pacific,Inc. 63942 3,446.17 Chemicals,WaterlWastewzter Treatment
Brenntag Pacific,Inc. 64138 23,528.55 Chemicals,Water/Wastewater Treatment
Bureau Venial North America,Inc. 1681 3,375.00 IndusVlal Hygiene Services
C.A.Short Company 64139 331.36 Safety,Security,Health Equipment,Supplies,and Services
C.S.M.F.O 63957 90.00 Professional Organizations Meoting/rraining/Membership
Calrfornia Dept.of Child Support 63943 2,611.81 Judgments Payable
EXHIBITA
InOlnrlr Page 1 of 6 WM014
Claims Paid From 411114 to 4115/14
Vendor Warrant No. Amount Descripfion
Callan Associates,Inc. 63944 4,351 Investment Advisory Services
Cameron Compression Systems 64140 149.99 Repair&Maintenance Services and/or Supplies
Canh Q.Nguyen 64104 431.90 Meeting/Training Expense Reimbursement
CDW Government,Inc. 63945 8,859.20 Computers,Software/Hardware
Chad..P.Crowley Co. 64141 540.95 Repair&Maintenance Services and/or Supplies
City Clerk's Association of California 64142 55.00 Professional Organizations Meefing/Raining/Membership
City of Fullerton 63915 49,251.04 Water Use
City of Huntington Beach 63999 10,465.10 Water Use
City of Seal Beach W47 165.21 Water Use
City of Tustin 63946 171.59 Water Use
City of Tustin 64107 250.00 Water Use
Cla-Val Co 63947 199.06 Valve Repair
Clean Energy 63948 50.37 CNG Fueling Station ServiceslSupplies
Clean Harbors Environmental Services 63949 4,456.18 Grit&Screenings', Hand!Waste Disposal
Connell Chevrolei 63950 687.23 Autos,Trucks&Marine Equipment Parts,Accessories&Services
Constellation Newenergy Gas Division LLC 64143 17,013.63 Natural Gas
Consumers Pipe&Supply Co. 1682 1,595.17 Repair&Maintenance Services and/or Supplies
Continental Computers 64144 8,183.99 Computer Keyboards
Corporate Image Maintenance,Inc. 61110 37,420.00 Janitor&Household Service&Supplies
County of Orange Auditor Controller 63951 735.00 Governmental Agency Fees&Charges
County of Orange Auditor Controller 63952 735.00 Governmental Agency Fees&Charges
County of Orange Auditor Controller 63953 255.00 Governmental Agency Fees&Charges
County of Orange Auditor Controller 64145 1,200.00 Governmental Agency Fees&Charges
County of Orange Auditor Controller 64146 855.00 Governmental Agency Fees&Charges
County of Orange Auditor Controller 64147 930.00 Governmental Agency Fees&Charges
County Wholesale Electric Co. 63954 9,815.69 EleWical/Electronic Equipment,Parts&Repairs
Court Omer W08 2,179.38 Judgments Payable
Court Order 64039 108.00 Judgments Payable
Court Omer W96 912.50 Judgments Payable
CR&R,Inc. 63956 688.18 Waste Disposal
Crane Veyor Corp. 63956 5,654.20 Repair&Maintenance Services and/or Supplies
Culligan of Orange County 64148 119.10 Repair&Maintenance Services and/or Supplies
Cummins Cal Paci L.L.C. 64149 517.88 Repair&Maintenance Services and/or Supplies
CWEA Membership 63958 296.00 Professional Organizations Meeting/Raining/Membership
Dan's Machine Tool,Inc. 6liso 1,692.80 Autos,Trucks&Marina Equipment,Parts,Accessories&Services
David Wheeler Pest Control,Inc. 63959 1,260.00 Pest Control Services
DEMARIA ELECTRIC MOTOR SERVICES,INC. 63960 3,831.20 ElacbicallElectronic Equipment,Paris&Regains;
Desert Pumps&Parts,Inc. 63961 3,202.13 Repair&Maintenance Services and/or Supplies
Designer Stitch Embroidery 64151 142.25 Public Outreach Supplies
Detection Instruments Corporation 63962 1,161 Eleotdcal Electronic Equipment,Parts&Repairs
Dezurik Water Controls 64152 871.57 Repair&Maintenance Services and/or Supplies
DIXIE DIESEL&ELECTRIC INC 63963 6,460.44 Electrical Equipment Traller/rralning
Dudek&Associates,Inc. 63916 41,452.26 Professional Services/Enginee ding Design Services
Dunn-Edwards Corporation 63964 1W.74 Facilities,Maintenance,Services&Supplies
Dwyer Instruments,Inc. 63965 519.37 Electrical Electronic Equipment,Pads it Repairs
EARLS.CARROLL 63966 4,658.69 Claim Settlement
Electrabonl 64153 7,290.00 Repair&Maintenance Services anchor Supplies
EMEDCO doe TRICOR 63967 596.33 Repair&Maintenance Services and/or Supplies
Emerson Process Management,L.L.P. 64154 9,967.49 Repair&Maintenance Services anchor Supplies
Employee Benefits Specialists,Inc. 63968 11,738.92 Reimbursed Prepaid Employee Medical&Dependent Care
Employee Benefits Specialists,Inc. 64111 822,681.0 Reimbursed Prepaid Employee Medical&Dependent Care
EXHIBITA
n,vzlsnr Page 2 of 8 61
Return to Arenas Report
Claims Paid From 411114 to 4115114
Vendor Warrant No. Amount Description
ENFOTECH&CONSULTING,INC. 64155 5,520.66 Software
ENGINEER SUPPLY LLC 63969 359.20 Measuring Wheel
ENS Resources,Inc. 64156 51500.00 Professional Services-Federal Advocacy
Environmental Engineering&Contracting 64157 2,810.00 Professional Services/Specialty Course Audits
Environmental Express,Inc. 63970 1,244.93 Laboratory Services&Supplies
Environmental Resource Associates 63971 2,737.83 Laboratory Services&Supplies
Environmental Water Solutions,Inc. 64158 188.45 Repair&Maintenance Services and/or Supplies
Ewing Irrigation 63972 185.09 Irrigation Repair&Maintenance Services and/or Supplies
Ewing Irrigation 64159 136.04 Irrigation Repair&Maintenance Services and/or Supplies
Excel Door&Gate Co.,Inc. 63973 1,445.00 Repair&Maintenance Services and/or Supplies
Facility Process Solutions Consulting 63974 3,712.20 Professional Services/Biotrickling Filter Inspection Services
Facility Procees Solutions Consulting 64160 4,712.20 Professional ServiceslBioldckling Filter Inspection Services
Fal la Miranda 64103 437.96 Meefing/rraining Expanse Reimbursement
Fedex Corporation 63975 448.T1 Freight Services
Filarsky&Waft.L.L.P. 64161 1,522.50 Prof.Services-SPMT Labor Negotiation Meetings&Spacial Services
Fisher Scientific 63976 3,263.47 Laboratory Services&Supplies
Flo Systems,Inc. 63977 13,473.00 Repair&Maintenance Services and/or Supplies
Fountain Valley AAA Auto Spa 64162 852.12 Autos,Tracks&Marine Equipment,Parts,Accessories&Services
Franchise Tax Board 64163 11,911.37 Judgments Payable
Frank I.Barisal 63978 5,294.95 Professional Organizations MeelingRmining/Membership
Franklin Covey 63979 68.82 Office Supplies
Frys Electronics 63980 494.54 Computers,Softwara/Hardware
Frys Electronics 64164 53.34 Computers,Software/Hardware
Galco Industrial Electronics 63981 709.29 Electrical/Electronic Equipment,Parts&Repairs
Gates Fiberglass Installers 63982 4,648.00 Repair&Maintenance Services and/or Supplies
George Yardley Co. 63983 3,321.00 Repair&Maintenance Services and/or Supplies
Global Environmental Nehwrk Inc. 64165 3,575.00 Safety,Security,Health Equipment,Supplies,and Services
Golden State Overnight Delivery Service 63984 324.78 Courier Services
Golden State Overnight Delivery Service 64166 27.04 Courier Services
Golden West Window Service 63986 11,16TH Facilities,Maintenance,Services&Supplies
Golden West Window Service 64167 6,750.00 Facilities,Maintenance,Services&Supplies
Grainger,Inc. 63986 5,414.73 Repair&Maintenance Services and/or Supplies
Grainger,Inc. 64168 936.30 Repair&Maintenance Services and/or Supplies
Graphic Products,Inc. 63987 749.41 Miscellaneous Supplies
Goal Electric Company 63988 3,638.13 Electrical Electronic Equipment,Parts&Repairs
Graybar Electric Company 64169 15,5T1.17 Electrical/Electronic Equipment,Parts&Repairs
Great Western Sanitary Supplies 63988 50.80 Janitor&Household Service&Supplies
Great Western Sanitary Supplies 64170 519.04 Janitor&Household Service&Supplies
GROTH CORPORATION 63991 4,322.87 Repairs&Maintenance Materials
Guarantee Records Management 63990 2,080.45 Professional Services-Document Storage&Shredding
Hach Company 63992 4,818.85 Laboratory Services&Supplies
Hardy Diagnostics 63993 983.46 Laboratory Services&Supplies
Harrington Industrial Plastics,Inc. 63994 194.38 Repair&Maintenance Services and/or Supplies
Harrington Industrial Plastics,Inc. 64171 1,001.34 Repair&Maintenance Services and/or Supplies
Hartzell Fan Inc. 63995 4,937.84 Electrical Electronic Equipment,Parts&Repairs
Hasco Oil Co.,Inc. 64172 592.29 Fuel and Lubricants
Highmark 63996 2,491.15 Safety,Security,Health Equipment,Supplies,and Services
Hlghmark 64173 1,889.99 Safety,Security,Health Equipment,Supplies,and Services
Hill Brothers 1663 148,338.11 Chemicals,Water/Wastewater Treatment
Hill Brothers 1677 95,511.27 Chemicals,Water/Wasteventer Treatment
Home Depot 63997 729.87 Miscellaneous Pads and Supplies
EXHIBITA
nmzlalr Page 3 of 8 WM014
Claims Paid From 411114 to 4115/14
Vendor Warrant No. Amount Description
Home Depot 64174 325.62 Miscellaneous Parts and Supplies
Hub Auto Supply 63998 WAS Autos,Trucks&Marine Equipment,Parts,Accessories&Services
Hub Auto Supply 64175 476.19 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
Image Apparel for Business Inc. 64000 1,132.26 Uniform Logo Services
Industrial Distribution Group 64176 86.19 Repair&Maintenance Services and/or Supplies
Industrial Threaded Products, Inc. 1668 5,109.47 Repair&Maintenance Services and/or Supplies
Industrial Threaded Products, Inc. 1683 2,259.51 Repair&Maintenance Services and/or Supplies
Inorganic Ventures,Inc. 64001 436.37 Laboratory Services&Supplies
Insight Public Sector,Inc. 64177 4,112.40 Computers,SoftwarefHardwars
malts Instrument Group,Inc. 64178 4,160.00 Electrical/Electronic Equipment,Parts&Repairs
Integrated Process Technologies,Inc, W02 1,137.36 Repair&Maintenance Services and/or Supplies
Interstate Batteries of Cal Coast 64003 548.53 Repair&Maintenance Services and/or Supplies
Intl.Union of Oper.Eng.AFL CIO Local W04 4,571.03 Dues Deductions
Intmtek Computer,Inc. 64005 521.72 NetwoWServer/Printer Maintenance Services
Invensys Systems,Inc. 16" 2,503.04 ElectricallElectronic Equipment,Parts&Repairs
ISA 64006 874.45 Professional Organisations MeetingRraining/Membership
J R Rand Construction 63922 674,988.68 Construction
James D.Herberg 64252 535.11 Meeting/Training Expense Reimbursement
Jaffrey Brovm 64099 190.Oo MeetingRraining Expense Reimbursement
JOHNSON CONTROLS-REMIT 64179 85.97 Repair&Maintenance Services and/or Supplies
Johnstone Supply 64007 76.63 Repair&Maintenance Services and/or Supplies
Johnstone Supply 64180 3,136.69 Repair&Maintenance Services and/or Supplies
JWC Environmental LLC 64181 208.53 Repair&Maintenance Services and/or Supplies
Kanawha Insurance Company 64182 4,827.82 Voluntary Benefits-SSTD Insurance
Kemim Water Solutions 16" 47,224.0 Chemicals,WaterlWastewernr Treatment
Kemim Water Solutions 1685 6,004.40 Chemicals,WaterlWastewater Treatment
Ken A.Sakamoto 64106 1,236.44 MeetingRraining Expense Reimbursement
KIMCO STAFFING SERVICES 64009 1,962.00 Professional ServicesRempomry,Services
KIRKPATRICK PARTNERS 64010 1,795.00 MeetingRraining Registration
Koury Engineering and Testing,Inc. 84011 2,398.00 Professional ServicaslEngineenng Design Services
L.Johnson Painting 64012 885.00 Facilities,Maintenance.Services&Supplies
Lee&go,Inc. 64013 21,371.29 Professional ServicaslEngineenng Design Services
Lieber Cassidy 64014 5,600.00 Professional Services/Employee Relations
Linda Losurdo 64253 137.75 Meefing/Daining Expense Reimbursement
Mail Dispatch,LLC 64183 330.12 Mail Delivery Service
Marcom Interactive 64184 165.55 Professional Organisations Meeting/Raining/Membership
Mane E.Ayala 64249 385.96 MeetingRraining Expense Reimbursement
Mark H.Kawamoto 64101 205.00 Meefing/Daining Expense Reimbursement
Matheson Tri Gas,Inc. 64185 2,841.48 Laboratory Services&Supplies
McMaster-Car Supply Co. 64015 455.53 Repair&Maintenance Services and/or Supplies
McMaster-Car Supply Co. 64186 441.63 Repair&Maintenance Services antllor Supplies
MCR Technologies,Inc. U187 1,378.11 Repair&Maintenance Services and/or Supplies
Measurement Control Systems,Inc. 64188 2,38l Repair&Maintenance Services and Supplies
MED-]URGENT CARE CENTER MEDICAL GROUP 64016 144.00 Pre-Employment Physical Emma
Mesa International Technologies,Inc. 64189 3,481 Repair&Maintenance Services antllor Supplies
Mike Bubalo Construction Co.,Inc. 63923 262,234.92 Construction
Mine Safety Appliance 1669 11,553.86 Electrical/Electronic Equipment,Pads&Repairs
Mine Safety Appliance 1686 8,555.21 Electrical/Electronic Equipment,Paris&Repairs
Mission Abrasive&Janitorial Supplies 64017 60.46 Janitorial&Household Services&Supplies
Molecular Toxicology,Inc. 64190 433.58 Laboratory Services&Supplies
Moore Medical Inc. 1687 603.86 Medical Supplies
nmzralr EX Page 4 of 8 5isi
Return to Aaenda Report
Claims Paid From 411114 to 4115/14
Vendor Warrant No. Amount Description
Morgan Company(WRM,Inc) 64112 27,043.80 Autos,Tracks&Marine Equipment,Parts,Accessories&Services
MTM Recognition Corporation 64191 634.56 Service Awards
Neopost USA Inc. 64018 63.54 Equipment LeaselPoslage Meter
Nth Generation Computing,Inc. 63917 31,885.40 Computer Applications&Services
01 Reprographics 63931 815.60 Printing/Reprographice Services
OCEI 64019 663.00 Dues Deductible
O'Connell Engineering&Construction,In 54020 18,716.17 Repair&Maintenance Services and/or Supplies
Office Depot 64021 302.51 Office Supplies
Office Depot 54192 961 Office Supplies
Office Team 64022 919.20 Professional Services"Fempomry Services
Oi Corporation 54193 3,043.45 Laboratory Services&Supplies
Olin Corporation 64023 6,982.13 Chemicals,WaterMastewaler Treatment
Olin Corporation 54194 4,610.78 Chemicals,Water/Wastewater Treatment
Omega Industrial Supply,Inc. 64195 2,375.67 Janitor&Household Service&Supplies
OneSoume Distributors,Inc. 54024 6,610.84 Elermical/Electronic Equipment,Paris&Repairs
OneSource Distributors,Inc. 64196 3,897.52 ElectricapElectronic Equipment,Parts&Repairs
Orange County Auto Paris 64025 32.93 Truck Supplies
Orange County Auto Parts 64197 628.43 Truck Supplies
Orange County Sanitation District 64108 1,553.30 Petty Cash Expense
Orange County Sheriff 64026 1,427.81 Judgments Payable
Orange County United Way 64027 W.00 Employee Contributions
Orange County Vector COntrol District 64028 145.38 Pest Control
OSTS Inc. 64199 3,500.00 Professional Organizations Meeting(Training/Membership
Parker Supply Company 1688 3,302.20 Miscellaneous Parts and Supplies
Parkhouse Tire,Inc. 64029 797.52 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
Peace Oficem Council of CA 64030 2,024.00 Dues Deductions,Supervisors&Professionals
Peeress Wiping Materials Co. 64200 1,185.84 Janitor&Household Seoul&Supplies
Pencco,Inc. 64031 15,760.76 Chemicals
Pencco,Inc. 64201 21,135.79 Chemicals
Performance Pipeline Technologies 64202 12,20).00 Professional Services/CCN lnspectionlSewerline Cleaning
PL Hawn Company,Inc. 64032 7,763.65 Repair&Maintenance Services and/or Supplies
Polydyne,Inc. 1678 42,695.63 Chemicals,WatedWastewater Treatment
Port Supply 64033 335.55 Autos,Tucks&Marina Equipment,Parts,Accessories&Services
Power Bros.Machine,Inc. 64204 6,615.94 Repair&Maintenance Services and/or Supplies
Po rlo Products,Inc. 64203 94.60 Repair&Maintenance Services and/or Supplies
Pral Distribution,Inc. 6`klu 640.97 Laboratory Services&Supplies
Primrose Ica Co.,Inc. 64035 131.25 Water&Ice Services
Procam Work Injury Center 64205 681 Medical Services
Process Instruments&Controls,LLC 64206 2,7P.15 Electrical/Electronic Equipment,Paris&Repairs
Projects Partners 64207 4,424.00 Professional Services/Fempomry Employment Services
Prudential Clemson Services 6,4136 365.48 Uniforms
Prudential Overall Supply 1670 1,593.56 Uniforms
Prudential Overall Supply 1689 1,482.85 Uniforms
Pumping Solutions,Inc. 64208 2,083.17 Repair&Maintenance Services and/or Supplies
Pure Air Filtration,LLC 64209 3,580.50 Repair&Maintenance Services and/or Supplies
Pyramid Fence Company,Inc. 64037 10,730.00 Facilities,Maintenance,Services&Supplies
Quinn Power Systems 64038 3,393.35 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
Quinn Power Systems 64210 368.30 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
Rual ll International Inc. 64211 240.90 Repair&Maintenance Services and/or Supplies
Rainbow Disposal CO. 64212 3,499.00 Waste Disposal
Reliastar 64213 11,212.03 Voluntary Employee Life&Cancer Insurance
FXHIBITA
nN2lonr Page 5 of 8 WM014
Claims Paid From 411114 to 4115/14
Vendor Warrant No. Amount Description
RMC Water and Environment 63918 58,289.46 Professional Services
EMS Engineering&Design,Inc. 64040 1,125.00 Engineering Services
RMS Engineering&Design,Inc. ( 1 2,775.00 Professional Servicas/Engineering Design Services
Rockxell Engineering&Equipment Co. M214 7,884.60 Repair&Maintenance Services and/or Supplies
Royale Cleaners W42 6.10 Miscellaneous Services
RT CONTRACTOR CORP M043 1,069.00 Repair&Maintenance Services and/or Supplies
RT CONTRACTOR CORP (f4215 9AN.90 Repair&Maintenance Services and/or Supplies
Ruben Gomez 64100 300.00 Meeting/haining Expense Reimbursement
S&J Supply Cc Inc 6,H)i 4,061 Repair&Maintenance Services and/or Supplies
SA Recycling M254 2,00).00 Sewer User Fee Rebate
Safety Max 64217 483,98 Safety,Security,Health Equipment,Supplies,and Services
San Diego/Orange Fluid System Technologi M218 1,092.18 Repair&Maintenance Services and/or Supplies
SCAOMD 64109 364.32 Governmental Agency Fees&Charges
Schwfng Bioset 1671 1,127.70 Repair&Maintenance Services and/or Supplies
Scientific Services Plus,LLC 64046 698116 Laboratory Services&Supplies
Securities Security Services USA,Inc. 63919 28,116.88 Safety,Security,Health Equipment,Supplies,and Services
Sequoia Consultants,Inc. 64048 4,903.00 Professional ServiceslEngineering Design Services
SETAC M049 160.00 Professional Organizations Meeting/Raining/Membership
SGS Tearoom,Inc. 64050 6.21 Computer HaNware and Services
Shamrock Supply Co.,Inc. M051 794.06 Repair&Maintenance Services and/or Supplies
Shamrock Supply Co.,Inc. 64219 232.96 Repair&Maintenance Services and/or Supplies
Sharesquared,Inc. M052 7,218.75 Computer Applications&Services
Shawn R.May 64102 215.00 Meetingri-mining Expanse Reimbursement
Shoeteria M220 660.82 Safety,Security,Health Equipment,Supplies,and Services
Shureluck Sales&Engineering 64053 3,092.47 Repair&Maintenance Services and/or Supplies
Shureluck Sales It Engineering M221 137.33 Repair&Maintenance Services and/or Supplies
SIERRA TRANSPORT INC. 64054 11,735.82 Professional Service-Biosolids Management
SIERRA TRANSPORT INC. M222 6,518.91 Professional Service-Biosolids Management
SIGNDESIGN W55 1,294.36 Name Plates
SKC West,Inc. M223 140.50 Laboratory Services&Supplies
South Coast Environmental Co. W45 %555.90 Professional Services-Air Quality Monitoring
Southern California Edison 63920 73,890.35 Utilities
Sparklett-Dallas 64224 949.80 Miscellaneous Services
Sperling Instruments,Inc. M057 2,947.04 Instrument Parts&Supplies
SPEX Carboni ,Inc. W58 172.61 Laboratory Services&Supplies
Staples M059 203.70 Office Supplies
Staples 64225 io2,90 Office Supplies
Summit Steel 1672 809.55 Repair&Maintenance Services and/or Supplies
Summit Steal 1690 3,974.82 Repair&Maintenance Services antllor Supplies
Sunset Industrial Parts U060 61.58 Repair&Maintenance Services and/or Supplies
T&D Communications 64061 260.00 Computers,Software/Hardware
TDI U062 7,000.00 Professional Services/Informa0on Technology
TestAmerica Ontario 1673 3,053.00 Laboratory Services&Supplies
Thatcher Company Of California U113 45,859.02 Chemicals,WaterMastewater Treatment
The Cat Group,Inc. 64226 2,312.53 Repair&Maintenance Services antllor Supplies
The Fire X-Tingulsher Service Co. U070 712.47 Safety,Security,Health Equipment,Supplies,and Services
The Orange County Register 64198 4,528.00 Notices&Ads
Theodore Robins Ford U063 1,060.49 Autos,Trucks&Marine Equipment,Paris,Accessories&Services
Thomas R.Beamish 64250 501.03 Meeting?raining Expense Reimbursement
Thompson Industrial Supply,Inc. 1674 4,022.82 Repair&Maintenance Services and/or Supplies
Tiano Construction Ifti 11,176.00 Facilities Maintenance,Services&Supplies
nvelalr EX Page 6 of 8 &1
Return to Anemia Report
Claims Paid From 411114 to 4115114
Vendor Warrant No. Amount Description
Tony's Lock&Safe Service&Sales 64965 4,127.76 Repair&Maintenance Services and/or Supplies
Tony s Lock&Safe Service&Sales 64227 135.00 Repair&Maintenance Services and/or Supplies
Toshiba Business Solutions USA Inc. 64066 2,986.26 Computers,Soflware/Hardware&Managed Services
Total Resource Management,Inc. 64067 1,725.00 Professional Services/Implementation of IBM Maxim
Townsend Public Affairs 64068 7,500.00 Professional Services-State Legislative Advocacy
Trans U.S.Inc 64069 1,939.48 Repair&Maintenance Services and/or Supplies
Trans U.S.Inc 64228 358.34 Repair&Maintenance Services and/or Supplies
Tremcc Incorporated 1675 620.54 Repair&Maintenance Services and/or Supplies
TRIMBLE NAVIGATION 64071 9,392.76 Navigational GPS Units
Tropical Plan Nursery,Inc. 64229 12,877.50 Landscape Maintenance Services
Troy D.Edger 64251 506.88 Meefingaraining Expanse Reimbursement
Truck&Auto Supply,Inc. 64230 1,542.27 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
Tule Ranch/Magan Farms 64114 284,9 7.78 Egli Management
TW Telecom Holdings,Inc. 64072 9,276.87 Telecommunications
TW Telecom Holdings,Inc, 64231 9,2P.20 Telecommunications
UC Regents 64073 750.00 Training Registration
Ultra Scientific 64074 119.85 Laboratory Services&Supplies
Underground Service Alert of So.Calif 64075 1,638.00 Professional Services-Dig Alert Notifcation Service
United Parcel Service 64076 279.12 Freight Services
United Parcel Service 64232 116.81 Freight Services
University of Wisconsin Madison 64077 695100 Training
UPS Ground Freight,Inc. 64078 205.91 Freight Services
US Peroxide,L.L.C. 64079 7,742.82 Chemicals,Water/Wasteweter Treatment
US Peroxide,L.L.C. 64115 25,115.27 Chemicals,WatedWastewater Treatment
Valve Automation&Controls 64233 2,258.33 Repair&Maintenance Services and/or Supplies
Vanh Phonsin 64105 406.W Meefing/Training Expense Reimbursement
Vag.Products,Inc. 64234 287.88 Electrical/Electronic Equipment,Parts&Repairs
Verizon California 64235 800.00 Telecommunications
Veri¢on California 64236 643.13 Telecommunications
Verizon Wireless 64237 1,211.58 Telecommunications
Verne's Plumbing 64080 2,152.61 Plumbing Services&Supplies
Verne's Plumbing 64238 351 Plumbing Services&Supplies
Verech Industrial Systems,Llc 64081 9,604.61 Professional Services/Construction Consulting Services
Vornado Realty LP 64082 1,235.05 Sewer User Fee Rebate
Vornado Realty LP 64083 18,730.19 Sewer User Fee Rebate
Vornado Realty LP 64084 615.13 Sewer User Fee Rebate
Vornado Realty LP 64085 1.930.19 Sewer User Fee Rebate
Vornado Realty LP 64086 1,027.45 Sewer User Fee Rebate
Voyager Fleet Systems,Inc. 64239 19,467.10 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
MR Scientific Products 64087 179.28 Laboratory Services&Supplies
MR Scientific Products 64240 2,190.36 Laboratory Services&Supplies
Wasserman Vomado Shot R.E.LLC 64088 671.92 Sewer User Fee Rebate
Wasserman Vomado Strat R.E.LLC 6W89 602.76 Sewer User Fee Rebate
Wasserman Vomado Shot R.E.LLC 64090 707.65 Sewer User Fee Rebate
Wasserman Vomado Strat R.E.LLC 6W91 1,423.74 Sewer User Fee Rebate
Wasserman Vomado Shot R.E.LLC 64092 10,189.95 Sewer User Fee Rebate
Water Environment Federation 64241 606.00 Professional Organintions Meeting/Training/Membership
Waxie Sanitary Supply 64093 2,261.59 Janitor&Household Service&Supplies
Waxie Sanitary Supply 64242 1,506.97 Janitor&Household Service&Supplies
West Coast Arbodsts,Inc. 64094 1,350.00 Landscape Maintenance Services
West Coast Safety Supply Co. 64243 2,368.90 Safety,Security,Health Equipment,Supplies,and Services
E HIBITA
nmzlair Page 7 of 8 WM014
Claims Paid From 411114 to 4115114
Vendor Warrant No. Amount Description
Western States Corrosion Seminar 64244 540.00 O&M Meeting Registration
White Star Pools 64245 310.00 Repair&Maintenance Services anti/or Supplies
Wilmington Instrument Co.,Inc. 64246 884.65 Instrument Parts&Supplies
Winer Corporation 64247 1,061.20 Repair&Maintenance Services and/or Supplies
Woodruff Spmdlin&Smart 63921 58,017.93 Pmfeuiional Services-Legal
Workforce Software,Inc. 64248 12,987.00 Computer Applications and Services
W REC Lido Ventures LLC W95 13,596.02 Sewer User Fee Rebate
Xerox Corporation 1676 10,794.48 Computers,Software/Hardware&Managed Services
Yorba Linda Water District 64097 54.24 Utilities
Yorke Engineering,L.L.C. 64098 4,747.12 Professional Services-Engineering
Total Accounts Payable-Warrants $ 4,059,328.38
Payroll Disbursements
Employee Paychecks 52932 - 52952 $ 3,486.75 Interim Payroll-AREA(411/14)
Employee Paychecks 52953 - 529" 69,881.35 Biweekly Payroll(4014)
Employee Paychecks 52991 2,M.07 Interim Payroll-Retirements-Reg Hm(4/3/14)
Employee Paychecks 52992 6,113.87 Interim Payroll-Retirements-Accrual Payout(4/3I14)
Employee Paychecks 52993 136.21 Interim Payroll-Re-issue(49114)
Direct Deposit Statements 352214-352399 32,676.00 Interim Payroll(4/1114)
Direct Deposit Statement. 352400-352963 1,385,741.14 Biweekly Payroll(4014)
Total Payroll Disbursements $ 1,500,075.39 '52985-52990=used in a prior period
Wire Transfer Payments
OCSD Payroll Takes&Contributions $ 772,199.01 Biweekly Payroll(4014)
Union Bank of California 81,270.65 Workers Compensation Services(4/10/14)
Total Wire Transfer Payments $ 853,469.66
Total Claims Paid 4/01114.4/15/14 $ 6,412,873.43
EXHIBITA
1,11r" Page 8 of 8 5/1
Return to Aaenda Report
Claims Paid From 4/16114 to 4130114
Vendor Warrant No. Amount Description
Accounts Payable Warrants
1000BULBS.COM 64265 271.08 Electrical/Electronic Equipment,Parts&Repairs
1000BULBS.COM 64441 74.89 Electrical/Electronic Equipment,Parts&Repairs
Absolute Standards, Inc. 64442 1,250.00 Laboratory Services&Supplies
Accounting Options, Inc. 64267 195.00 Meeting Registration-Division 610
A-Check America,Inc. 1692 790.50 Human Resources Services
AECOM Technical Services,Inc. 64255 25,884.55 Professional ServiceslEngineering Design Services
AECOM Technical Services,Inc. 64582 33,553.74 Professional ServiceslEngineering Design Services
Aerotek 64266 327.45 Professional Services/Temporary Services
Aerotek 64443 60.00 Professional Services/Temporary Services
Aerotek W95 60.00 Professional Services/Temporary Services
Agilent Technologies,Inc. W96 4,688.23 Laboratory Services&Supplies
Ago Industnei So-Cal Sweeping 64390 980.00 Street Sweeping Services
Ago Industnei So-Cal Sweeping 64722 500.00 Street Sweeping Services
Air Liquids America Specialty Gases LLC 64268 2,346.98 Laboratory Services&Supplies
Air Liquids Industrial U.S.,LP 64269 21,045.32 Laboratory Services&Supplies
Air Liquids Industrial U.S.,LP 64444 9,613.88 Laboratory Services&Supplies
Air Liquids Industrial U.S.,LP 64597 15,032.24 Laboratory Services&Supplies
Airgas Safety,Inc. 1693 7,298.35 Safety,Security,Health Equipment,Supplies,and Services
Airgas Safety,Inc. 1709 1,436.92 Safety,Security,Health Equipment,Supplies,and Services
Airgas Safety,Inc. 1721 4,674.72 Safety,Security,Health Equipment,Supplies,and Services
Airgas USA,LLC 1694 1,693.80 Laboratory Services&Supplies
Airgas USA,LLC 1710 200.31 Laboratory Services&Supplies
Airgas USA,LLC 1722 350.53 Laboratory Services&Supplies
Alan D.Ralph 64765 1,179.37 Meeting/I-raining Expense Reimbursement
Alhambra Foundry Co.,Ltd. 64270 19,180.80 Repair&Maintenance Services and/or Supplies
Alhambra Foundry Co.,Ltd. 64598 7,665.84 Repair&Maintenance Services and/or Supplies
Allied Packing&Rubber,Inc. W99 104.22 Repair&Maintenance Services and/or Supplies
Amazing Tents&Events 64271 365.00 Event Supplies
American Express TVL Related Svcs Co.,1 64445 10,180.60 Purchasing Card Program for Miscellaneous Travel Expenses
AMERICAN INDUSTRIAL HEAT TRANSFER,INC. woo 1,667.80 Sewer User Refund
American Integrated Services, Inc. 64422 58,288.40 Grit&Screenings Disposal
American Machinery&Blade,Inc. 64446 4,997.20 Repair&Maintenance Services and/or Supplies
AMERICAN PRINTING&PROMOTIONS,LLC 64601 1,125.80 Payee# 648755
American Society of Civil Engineers 64447 135.75 Professional Organizations Meeting/TraininglMembership
Ameron International 64448 4,549.02 Repair&Maintenance Services and/or Supplies
AppleOne Employment Service 1695 1,839.20 Professional Services/remporary Services
AppleOne Employment Service 1711 919.60 Professional Services/remporary Services
AppleOne Employment Service 1723 919.60 Professional Services/-emporary Services
Applied Industrial Technology 64449 138.37 Repair&Maintenance Services and/or Supplies
Aquatic Blosystems,Inc. 64272 319.50 Laboratory Services&Supplies
ARB/PERP-Air Resources Board 64602 570.00 Governmental Agency Fees&Charges
Archie Ivy,Inc. 64605 4,865.00 Repair&Maintenance Services and/or Supplies
ARTESIA SAWDUST PRODUCTS 64606 2,187.48 Sawdust
ABBE American Society of Safety Engineer 64274 210.00 Professional Organizations Meeting/Training/Membership
AT&T Mobility II,L.L.C. 64276 199.99 Telecommunications
AT&T Mobility II,L.L.C. 64608 7,292.00 Telecommunications
AT&T Universal Biller 64275 2,724.34 Telecommunications
AT&T Universal Biller 64607 52.62 Telecommunications
AT&T Teleconference Services 64450 121A1 Telecommunications
Atkinson,Andelson,Loyal,Rudd&Ruud 64451 10,289.70 Professional Services-Legal
AW Associates Inc. 64609 4,438.18 Repair&Maintenance Services and/or Supplies
Awards&Trophies Company 64277 90.08 Awards and Framing Services
Awards&Trophies Company 64452 59.52 Awards and Framing Services
EXHIBIT 8
4nR1Mr Page 1 of 11 56/2014
Claims Paid From 4/16114 to 4130114
Vendor Warrant No. Amount Description
AWSI 64610 316.00 Professional Services-DOT Program Administration
Ayala Engineering 64453 3,947.00 Repair&Maintenance Services and/or Supplies
Ayala Engineering 64611 17,415.00 Repair&Maintenance Services and/or Supplies
B&K Electric Wholesale 64278 1,273.19 Electrical/Electronic Equipment,Parts&Repairs
Banagan Corp.International 64612 330.00 Professional Organizations Meeting/Traininglivembership
Battery Specialties 64613 288.23 Batteries,Various
Battery Systems,Inc. 64454 1,029.38 Repair&Maintenance Services and/or Supplies
Battery Systems,Inc. 64614 2,245.59 Repair&Maintenance Services and/or Supplies
Bavco 64279 39.53 Repair&Maintenance Services and/or Supplies
Bavco 64615 729.54 Repair&Maintenance Services and/or Supplies
BC Wire Rope&Rigging 64616 1,200.00 Tools&Supplies
Bee Man Pest Control, Inc. 64280 310.50 Pest Control Services
Bently Nevada Inc. 64281 1,444.83 Repair&Maintenance Services and/or Supplies
Bermingham Controls 64282 834.74 Electrical/Electronic Equipment,Parts&Repairs
Black&Veatch Corporation 64258 36,231.11 Professional ServiceslEngineering Design Services
Black&Veatch Corporation 64423 26,991.42 Professional Services/Engineering Design Services
Blair-Martin Co.,Inc. 64617 372.72 Repair&Maintenance Services and/or Supplies
Brenntag Pacific,Inc. 64456 21,426.77 Chemicals,WaterWastewater Treatment
Brenntag Pacific,Inc. 64618 6,233.91 Chemicals,WaterWastewater Treatment
Bureau Values North America,Inc. 1696 8,500.00 Industrial Hygiene Services
Bureau Values North America,Inc. 1724 2,975.00 Industrial Hygiene Services
Burlington Safety Laboratory of CA, Inc. 64619 148.10 Safety,Security,Health Equipment,Supplies,and Services
C.A.Short Company 64620 84.24 Safety,Security,Health Equipment,Supplies,and Services
C.S.M.F.O 64641 150.00 Professional Organizations Meeting/TraininglMembership
Caleb Wheatley 64769 300.00 Meeting/Training Expense Reimbursement
California Barricade Rentals 64283 2,360.00 Miscellaneous Services
California Barricade Rentals 64621 4,121.10 Miscellaneous Services
California Dept.of Child Support 64284 2,455.35 Judgments Payable
California Dept.of Child Support 64622 2,166.19 Judgments Payable
California Recreation Company 64623 3,583.35 Boat Slip Rental-Nerissa Ocean Monitoring Vessel
California Relocation Services,Inc. 64457 150.00 Miscellaneous Services-Moving/Relocation
California Relocation Services,Inc. 64624 202.50 Miscellaneous Services-Moving/Relocation
California Water Technologies 64424 49,060.75 Chemicals
California Water Technologies 64625 4,940.05 Chemicals
Campbell Window Film 64626 325.00 Autos,Trucks&Manna Equipment,Parts,Accessories&Services
Camillo Engineers 64627 11,537.37 Professional Services/Engineering Design Services
Cavanaugh Machine Works 64285 615.00 Repair&Maintenance Services and/or Supplies
Carl Environmental,Inc. 64286 4,291.67 CEMS Maintenance Agreement
CEPA Operations,Inc. 64628 2,137.00 Repair&Maintenance Services and/or Supplies
Charles King Company,Inc. 64437 694,940.20 Construction
Chem Search W29 401.83 Repair&Maintenance Services and/or Supplies
Cheryl Schlefelbeln W81 135.22 MeetingrTraining Expense Reimbursement
CINTAS FIRE PROTECTION 64287 328.87 Fire Extinguisher Supplies&Services
City of Fountain Valley W30 6,916.99 Permits
City of Huntington Beach 64323 12.46 Water Use
City of Newport Beach W87 1,152.35 Water Use
City of Westminster 64458 24.45 Water Use
Clean Energy 64459 1,570.73 CNG Fueling Station Services/Supplies
Clean Harbors Environmental Services 64288 2,841.47 Grit&Screenings;Hazard Waste Disposal
Clean Harbors Environmental Services 64631 11,648.59 Gr0&Screenings;Hazard Waste Disposal
CLEVELAND PUNCH AND DIE COMPANY 64460 906.62 Tools
Compressor and Engine Supply,Inc. 64461 1,749.82 Repair&Maintenance Services and/or Supplies
Connell Chevrolet\GEO 64289 259.03 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
Connell Chevrolet\GEO 64632 233.86 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
EXHIBIT 8
fii Page 2 of 11 515c014
Return to Aaenda Report
Claims Paid From 4/16114 to 4130114
Vendor Warrant No. Amount Description
Consolidated Electrical Distributors 64290 2,272.76 Electrical/Electronic Equipment,Parts&Repairs
Consolidated Electrical Distributors 64462 1,735.56 Electrical/Electronic Equipment,Parts&Repairs
Consolidated Electrical Distributors 64633 5,850.54 Electrical/Electronic Equipment,Parts&Repairs
Constructive Community Relations 64425 25,084.42 Construction Outreach
Consumers Pipe&Supply Co. 1697 3,026.94 Repair&Maintenance Services and/or Supplies
Consumers Pipe&Supply Co. 1712 4,280.25 Repair&Maintenance Services and/or Supplies
Consumers Pipe&Supply Co. 1725 1,267.58 Repair&Maintenance Services and/or Supplies
Controlled Motion Solutions 64634 574.97 Repair&Maintenance Services and/or Supplies
Comer Bakery Cafe(CBC) 64291 174.56 Catering Services
Corporate Image Maintenance,Inc. 64583 38,870.00 Janitor&Household Service&Supplies
CORRPRO Companies, Inc. 64426 45,220.00 Professional Services/remporary Services
Coss,Ronald J. 64418 253.78 Meeting/Training Expense Reimbursement
Counterpart Enterprises,Inc. 64635 433.27 Repair&Maintenance Services and/or Supplies
County of Orange Auditor Controller 64292 960.00 Governmental Agency Fees&Charges
County of Orange Auditor Controller 64293 1,365.00 Governmental Agency Fees&Charges
County of Orange Auditor Controller 64464 157.50 Governmental Agency Fees&Charges
County of Orange Auditor Controller 64465 618.50 Governmental Agency Fees&Charges
County of Orange Auditor Controller 64637 840.00 Governmental Agency Fees&Charges
County of Orange Auditor Controller 64638 1,080.00 Governmental Agency Fees&Charges
County of Orange PFRO Geomatics 64636 100.00 Governmental Agency Fees&Charges
County Wholesale Electric Co. 64639 650.16 Electrical/Electronic Equipment,Parts&Repairs
Court Order 64333 2,179.38 Judgments Payable
Court Order 64376 108.00 Judgments Payable
Court Order 64416 912.50 Judgments Payable
Court Order 64674 2,179.38 Judgments Payable
Court Order 64707 108.00 Judgments Payable
CR&R,Inc. 64294 1,376.36 Waste Disposal
Crane Veyor Corp. 64295 12,311.02 Repair&Maintenance Services and/or Supplies
CS-AMSCO 64296 21.60 Repair&Maintenance Services and/or Supplies
CS-AMSCO 64640 6,550.52 Repair&Maintenance Services and/or Supplies
CSI Services,Inc. 64297 7,457.50 Professional Services
Curley Wholesale Elechlc 64466 1,431.00 Electrical/Electronic Equipment,Parts&Repairs
CWEA Membership 64298 148.00 Professional Organizations Meeting/TraininglMembership
CWEA Membership 64467 444.00 Professional Organizations Meeting/TraininglMembership
CWEA Membership 64642 752.00 Professional Organizations Meeting/TraininglMembership
David GutoH 64299 225.00 Laboratory Services&Supplies
David GutoH 64643 225.00 Laboratory Services&Supplies
David Rodriguez 64767 316.52 Meebng/rraining Expense Reimbursement
David Wheeler Pest Control,Inc. 64644 1,260.00 Pest Control Services
ODE Engineering,Inc. 64468 495.00 Professional Services-Advocacy
Desert Pumps&Parts,Inc. 64300 153.06 Repair&Maintenance Services and/or Supplies
Desert Pumps&Parts,Inc. 64469 6,988.69 Repair&Maintenance Services and/or Supplies
Designer Stitch Embroidery 64645 1,747.05 Public Outreach Supplies
Detection Instruments Corporation 64470 1,078.39 Electrical/Electronic Equipment,Parts&Repairs
Detection Instruments Corporation 64646 105.00 Electrical/Electronic Equipment,Parts&Repairs
Dudek&Associates,Inc. 64471 1,243.18 Professional Services/Engineenng Design Services
Dudek&Associates,Inc. 64647 23,908.86 Professional Services/Engineering Design Services
Dunn-Edwards Corporation 64472 221.62 Facilities,Maintenance,Services&Supplies
EDWARD S BABCOCK&SONS INC 64301 590.00 Laboratory Services&Supplies
Electrabond 64473 767.88 Repair&Maintenance Services and/or Supplies
Electrical Power And Controls Inc 64648 2,212.22 Electrical/Electronic Equipment,Parts&Repairs
Emerson Process Management,L.L.P. 64302 1,481.08 Repair&Maintenance Services and/or Supplies
Employee Benefits Specialists,Inc. 64303 14,980A3 Reimbursed Prepaid Employee Medical&Dependent Care
Employee Benefits Specialists,Inc. 64474 6,984.25 Reimbursed Prepaid Employee Medical&Dependent Care
EXHIBIT 8
anntatr Page 3 of 11 51s2014
Claims Paid From 4/16114 to 4130114
Vendor Warrant No. Amount Description
Employee Benefits Specialists,Inc. 64649 14,390.83 Reimbursed Prepaid Employee Medical&Dependent Care
EMSL Analytical,Inc. 64650 3,393.00 Safety,Security,Health Equipment,Supplies,and Services
Enchanter, Inc. 64304 800.00 Vessel Services-Monitoring Vessel Nerissa
Enchanter, Inc. 64475 800.00 Vessel Services-Monitoring Vessel Nerissa
Environmental Engineering&Contracting 64476 3,500.00 Professional ServiceslSpecialty Course Audits
Environmental Engineering&Contracting 64651 1,412.50 Professional ServiceslSpecialty Course Audits
Environmental Express,Inc. 64305 3,999.30 Laboratory Services&Supplies
Environmental Resource Associates 64306 717.16 Laboratory Services&Supplies
Environmental Resource Associates 64477 2,939.95 Laboratory Services&Supplies
Environmental Resource Center 64307 1,002.72 Safety,Security,Health Equipment,Supplies,and Services
Envirosupply&Service,Inc 64308 4,500.00 Laboratory Services&Supplies
Ernest R.Savedra 64768 170.00 Meeting/Training Expense Reimbursement
ESRI,Inc. 64427 27,259.69 Computer Applications&Services
Ewing Irrigation 64479 619.66 Irrigation Repair&Maintenance Services and/or Supplies
Excel Door&Gate Co.,Inc. 64309 1,180.38 Repair&Maintenance Services and/or Supplies
Excel Door&Gate Co.,Inc. 64652 5,350.00 Repair&Maintenance Services and/or Supplies
Faviola Miranda 64763 934.01 Meeting/Training Expense Reimbursement
Fedex Corporation 64310 198.40 Freight Services
Fedex Corporation 64480 38.02 Freight Services
Ferguson Enterprises,Inc. 64311 533.21 Repair&Maintenance Services and/or Supplies
First American Coralogic 64463 82.00 Software Maintenance Agreement
Fisher Scientific 64312 2,000.56 Laboratory Services&Supplies
Fisher Scientific 64481 3,473.30 Laboratory Services&Supplies
Fisher Scientific 64653 5,813.07 Laboratory Services&Supplies
Fountain Valley Paints,Inc. 64654 57.50 Facilities,Maintenance,Services&Supplies
Fresno First Bank-Acct 100013315 64591 40,619.80 Construction,Retention
Frys Electronics 64313 734.52 Computers,Software/Hardware
Frys Electronics 64482 43.18 Computers,Software/Hardware
FUSES UNLIMITED 64655 156.75 Miscellaneous Fuses
Ganahl Lumber Company 64656 441.01 Facilities,Maintenance,Services&Supplies
Garrett Callahan Company 64657 1,943.10 Chemicals,WaterWastewater Treatment
Gates Fiberglass Installers 64314 1,136.00 Repair&Maintenance Services and/or Supplies
GBC(General Binding Corp) 64483 110.37 Office Supplies
Genente,Inc. 64484 1,341.69 Laboratory Services&Supplies
George L.Robertson 64766 540.48 Meeting/Training Expense Reimbursement
George Rivera 64580 136.33 Meeting/Training Expense Reimbursement
Gienich-Mitchell,Inc. 64485 4,054.72 Repair&Maintenance Services and/or Supplies
Gina A.Tetsch 64420 1,410.30 Meeting/Training Expense Reimbursement
Glen Mills Inc. W58 1,133.66 Laboratory Services&Supplies
Glens Alignment&Brake Service W59 405A9 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
Golden State Overnight Delivery Service 64315 200.02 Courier Services
Golden State Overnight Delivery Service 64486 39.00 Courier Services
Golden State Overnight Delivery Service W60 91.60 Courier Services
Golden West Window Service 64316 2,942.00 Facilities,Maintenance,Services&Supplies
Golden West Window Service 64487 2,640.00 Facilities,Maintenance,Services&Supplies
Golden West Window Service W61 9,499.19 Facilities,Maintenance,Services&Supplies
Govplace 64488 964.70 Computer Applications and Services
Grainger,Inc. 64317 7,118.00 Repair&Maintenance Services and/or Supplies
Grainger,Inc. 64489 2,637.60 Repair&Maintenance Services and/or Supplies
Grainger,Inc. 64662 4,029.45 Repair&Maintenance Services and/or Supplies
Graphic Products, Inc. 64490 166.34 Miscellaneous Supplies
Graybar Electric Company 64259 33,867.01 Electrical/Electronic Equipment,Parts&Repairs
Graybar Electric Company 64491 2,153.76 Electrical/Electronic Equipment,Parts&Repairs
Graybar Electric Company 64663 828.60 Electrical/Electronic Equipment,Parts&Repairs
EXHIBIT 8
annronr Page 4 of 11 5152014
Return to Aaenda Report
Claims Paid From 4/16114 to 4130114
Vendor Warrant No. Amount Description
Guarantee Records Management 64492 368.50 Professional Services-Document Storage&Shredding
Hach Company 64493 779.23 Laboratory Services&Supplies
Hach Company 64664 5,746.55 Laboratory Services&Supplies
Hardy Diagnostics 64494 153.76 Laboratory Services&Supplies
Harrington Industrial Plastics, Inc. 64665 405.73 Repair&Maintenance Services and/or Supplies
HAYLEY MCGRATH 64318 947.15 Beneficiary Payout
HDR Engineering,Inc. 64260 138,698.86 Professional ServiceslEngineering Design Services
Health Science Associates 64666 1,983.50 Safety,Security,Health Equipment,Supplies,and Services
Hi Standard Automotive,L.L.C. 64319 2,102.98 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
Hi Standard Automotive,L.L.C. 64495 338.76 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
Highmark 64667 317.05 Safety,Security,Health Equipment,Supplies,and Services
Hill Brothers 1706 168,138.44 Chemicals,WaterAMaslewater Treatment
Hill Brothers 1726 2,494.80 Chemicals,WaterAMaslewater Treatment
Hilo,Inc. 64668 704.22 Repair&Maintenance Services and/or Supplies
Home Depot 64320 137.83 Miscellaneous Parts and Supplies
Home Depot 64669 36.66 Miscellaneous Parts and Supplies
Horizon Technology 64321 766.47 Laboratory Services&Supplies
Hub Auto Supply 64322 555.27 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
Hub Auto Supply 64670 437.79 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
HYDRAULIC CONTROLS 64496 162.60 Repair&Maintenance Services and/or Supplies
IDEXX Distribution, Inc. 64497 4,995.52 Laboratory Services&Supplies
Industrial Electric Machinery LLC 64324 253.80 Repair&Maintenance Services and/or Supplies
Infrastructure Engineering Corp. 64325 370.00 Professional Services
Innovative Net Systems 64498 1,150.00 Laboratory Services&Supplies
Innovyze,Inc. 64499 13,350.00 Software Maintenance Agreement
Insight Public Sector,Inc. 64500 11,512.27 Computers,Software/Hardware
Insight Public Sector,Inc. 64671 5,648.78 Computers,Software/Hardware
International Institute of Municipal Cie 64326 245.00 Professional Organizations Meeling/TraininglMembership
Interstate Batteries of Cal Coast 64327 338.90 Repair&Maintenance Services and/or Supplies
Intl.Union of Oper.Eng.AFL CIO Local 64328 4,569.19 Dues Deductions
Intratek Computer,Inc. 64501 248.48 Network/Server/Printer Maintenance Services
Irvine Ranch Water District 64329 11.12 Water Use
Irvine Ranch Water District 64502 70.36 Water Use
ISA 64503 110.00 Professional Organizations Meeting/TraininglMembership
J R Filanc Construction 64592 225,023.56 Construction
JACOBS PROJECT MANAGEMENT CO. 64261 95,018.81 Professional Services/remporary Services
JACOBS PROJECT MANAGEMENT CO. 64584 101,592.23 Professional Services/remporary Services
James D.Ruth 64419 700.00 Professional ServiceslConsultant
James Litho 64331 187.42 Awards and Framing Services
Jamison Engineering Contractors,Inc. 64428 181,876.05 Professional Services/Construction Support Services
Jamison Engineering Contractors,Inc. 64672 7,297.00 Professional Services/Construction Support Services
Jays Catering 64332 674.78 Catering Services
Jays Catering 64505 60124 Catering Services
JG Tucker And Son,Inc. 64330 3,805.74 Safety,Security,Health Equipment,Supplies,and Services
JG Tucker And Son,Inc. 64504 4,054.21 Safety,Security,Health Equipment,Supplies,and Services
JOHNSON CONTROLS-REMIT 64506 651-97 Repair&Maintenance Services and/or Supplies
Johnson Mallhey Inc 64673 3,334.09 Repair&Maintenance Services and/or Supplies
Johnstone Supply 64507 756.00 Repair&Maintenance Services and/or Supplies
JP Morgan Chase Bank, NA 64429 87,219.02 Purchasing Card Program for Miscellaneous Parts and Supplies
Kaman Industrial Technologies 64508 8,004.01 Repair&Maintenance Services and/or Supplies
Keenan&Associates-Remit 64334 3,316.66 Professional Servlces/WorkeYs Compensation Program
Kelly Paper 64335 156.90 Office Supplies
Kemira Water Solutions 1699 23,161.44 Chemicals,WaterM/astewater Treatment
Kemira Water Solutions 1707 46,539.77 Chemicals,WaterM/astewater Treatment
EXHIBIT B
enr2lWr Page 5 of 11 51s2014
Claims Paid From 4/16114 to 4130114
Vendor Warrant No. Amount Description
Kemira Water Solutions 1718 40,723.74 Chemicals,WaterMastewater Treatment
KIMCO STAFFING SERVICES 64336 1,282.50 Professional Servicestremporary Services
KIMCO STAFFING SERVICES 64509 623.70 Professional Servicestremporary Services
K-LOG,INC. 64510 1,546.25 Minor EquipmentlFurniture&Fixtures
Koff&Associates,Inc. 64337 3,260.00 Professional ServiceslComp&Class Study
KURZ INSTRUMENTS INC 64675 5,041.20 Payee# 93147
LA Testing 64676 34.00 Safety,Security,Health Equipment,Supplies,and Services
Lee&Ro,Inc. 64677 4,919.37 Professional ServiceslEngineering Design Services
Letner Roofing Co. 64430 91,132.00 Repair&Maintenance-Roof Repair and/or Replacement
Lewis Brisbois Bisgaard&Smith 64678 496.80 Professional Services-Legal
Lems-Nexis 64338 84.00 Books&Publications On-Line
Liberty Mutual Claims 64339 4,728.36 Insurance
LIBERTY PIPELINE SERVICES,LLC 64340 23,250.00 Professional Services-DOT Program Training
Linda Losurdo 64761 108.80 Meetmg/rraining Expense Reimbursement
Louis W.Poll 64764 148.00 Meei ngrrraining Expense Reimbursement
Lucci's Gourmet Foods, Inc. 64341 86.13 Catering Services
Lucci's Gourmet Foods, Inc. 64511 272.94 Catering Services
Malcolm Pirnie Inc. 64256 43,553.26 Construction
Malcolm Pirnie Inc. 64604 3,094.00 Construction
Marcom Communications System 64512 165.55 Telecommunications
Marlin A.Dix 64760 330.98 Meelmg/rraining Expense Reimbursement
Matheson Tri Gas,Inc. 64342 986.72 Laboratory Services&Supplies
Maureen Kane&Associates 64680 1,500.00 Professional Organizations Meeting/TraininglMembership
Maxim Security Systems 64513 5,900.00 Safety,Security,Health Equipment,Supplies,and Services
Maxim Security Systems 64681 85.00 Safety,Security,Health Equipment,Supplies,and Services
Mayer Hoffman McCann,PC 64514 165.00 Professional Services-Financial Auditing
MOCrometer,Inc. 64343 3,239.03 Instrument Parts&Supplies
McMaster-Cart Supply Co. 64344 1,681.45 Repair&Maintenance Services and/or Supplies
McMaster-Cart Supply Co. 64515 1,070.93 Repair&Maintenance Services and/or Supplies
McMaster-Cart Supply Co. W82 135.92 Repair&Maintenance Services and/or Supplies
McNeill International Inc. 64345 1,090.91 Electrical/Electronic Equipment,Parts&Repairs
McNeill International Inc. 64516 3,387.03 Electrical/Electronic Equipment,Parts&Repairs
Mesa International Technologies, Inc. 64517 491.40 Repair&Maintenance Services and/or Supplies
Michael D.White 64770 475.16 Meelmg/rraining Expense Reimbursement
Mine Safety Appliance 1727 2,533.16 Electrical/Electronic Equipment,Parts&Repairs
Mission Abrasive&Janitorial Supplies 64518 1,438.17 Janitorial&Household Services&Supplies
Moore Medical Inc. 1728 432.24 Medical Supplies
Morrow Meadows Corp. 64593 103,183.20 Construction
Motion Industries,Inc. 64519 1,014.52 Electrical/Electronic Equipment,Parts&Repairs
MOTION SAVERS, INC. 64520 5,688.50 Small Tools
MTM Recognition Corporation 64346 209A0 Service Awards
MTM Recognition Corporation 64683 191.97 Service Awards
MWH Americas,Inc. 64521 17,226A1 Professional Services/Engineering Design Services
Myron L.Company 64522 689.87 Repair&Maintenance Services and/or Supplies
NACE International 64347 1,080.00 Professional Organizations Meetingrrraining/Membership
NAGDCA 64348 600.00 Professional Organizations MeetingrrralninglMembershlp
Natural Seminars Group 64349 149.00 Training Registration
Neal Supply Co. 64350 1,681.23 Repair&Maintenance Services and/or Supplies
Neal Supply Co. 64523 2,136.12 Repair&Maintenance Services and/or Supplies
Neopost USA Inc. 64351 61 Equipment Lease/Postage Meter
NEW ENGLAND CONTROLS, INC. 64684 1,27500 Payee# 648878
New Pig 64685 1,847.93 Repair&Maintenance Services and/or Supplies
Newark Electronics 64524 1,333.03 Electrical/Electronic Equipment,Paris&Repels
Newark Electronics 64686 161 Electrical/Electronic Equipment,Paris&Repels
EXHIBIT 6
fii Page 6 of 11 51srz014
Return to Acenda Report
Claims Paid From 4/16114 to 4130114
Vendor Warrant No. Amount Description
Nickey Petroleum Co.,Inc. 64352 1,589.65 Fuel and Lubricants
Northern Tool&Equipment 64455 417.22 Electrical parts&Supplies
NRG Engine Services,L.L.C. 64525 95.09 Repair&Maintenance Services and/or Supplies
OCB Reprographics 64273 11,870.58 Printing/Reprographics Services
OCB Reprographics 64603 2,684.08 PrintingtReprographics Services
OCEA 64353 653.25 Dues Deductible
OCEA 64688 653.25 Dues Deductible
Office Depot 64354 1,311.09 Office Supplies
Office Depot 64526 354.12 Office Supplies
Office Depot 64689 1,282.75 Office Supplies
Office Team 64355 1,798.40 Professional Services/remporary Services
Office Team 64527 982.46 Professional Services/remporary Services
Office Team 64690 939.20 Professional Services/remporary Services
Oi Corporation 64356 85.51 Laboratory Services&Supplies
Olin Corporation 64357 6,954.06 Chemicals,WaterMastewater Treatment
Olin Corporation 64528 4,547.17 Chemicals,WaterMastewater Treatment
OneSource Distributors, Inc. 64358 168.02 Electrical/Electronic Equipment,Parts&Repairs
OneSource Distributors, Inc. 64529 2,740.06 Electrical/Electronic Equipment,Parts&Repairs
OneSource Distributors,Inc. 64691 3,a49.62 Electrical/Electronic Equipment,Parts&Repairs
Oracle America Inc. 64359 21,713.40 Software Maintenance Agreement
Oracle America Inc. 64530 290.39 Software Maintenance Agreement
Orange County Auto Parts 64692 33.85 Truck Supplies
Orange County Sheriff 64360 1,427.81 Judgments Payable
Orange County Sheriff 64694 1,365.13 Judgments Payable
Orange County United Way 64361 40.00 Employee Contributions
Orange County United Way 64695 40.00 Employee Contributions
PAC 64531 933.05 Laboratory Services&Supplies
Pacific Investment Management 64585 186,834.99 Professional Financial Services
Pacific Mechanical Supply 1700 290.44 Repair&Maintenance Services and/or Supplies
Pacific Mechanical Supply 1713 77.46 Repair&Maintenance Services and/or Supplies
Pacific Mechanical Supply 1729 842.31 Repair&Maintenance Services and/or Supplies
Parker Supply Company 1730 2,742.79 Miscellaneous Parts and Supplies
Parkhouse Tire, Inc. W96 386.99 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
Patdot Video Productions 64362 369.05 Miscellaneous Services
PBS&J 64257 141,039.24 Professional ServiceslEngineering Design Services
PCS Express, Inc. 64363 157.88 Courier Services
PCS Express, Inc. W97 157.88 Courier Services
Peace Officers Council of CA 64364 2,012.50 Dues Deductions,Supervisors&Professionals
Peace Officers Council of CA 64698 2,081.50 Dues Deductions,Supervisors&Professionals
Peak Scientific Inc 64365 1,577.82 Laboratory Services&Supplies
Pencco, Inc. 64366 16,170.70 Chemicals
Pence., Inc. 64532 10,807.04 Chemicals
Pence., Inc. 64699 16,518.03 Chemicals
Performance Pipeline Technologies 64431 86,839.39 Professional ServlCesICCTV Inspection/Sewerline Cleaning
Performance Pipeline Technologies 64700 15,956.92 Professional ServicesICCTV Inspection/Sewerline Cleaning
PL Hawn Company, Inc. 64367 3,114.72 Repair&Maintenance Services and/or Supplies
PL Hawn Company, Inc. 64533 314.57 Repair&Maintenance Services and/or Supplies
PL Hawn Company, Inc. 64701 352.90 Repair&Maintenance Services and/or Supplies
Planet Associates 64534 20,000.00 Computer Applications&Services
Planetbids,Inc. 64702 4,201.00 Computer Applications&Services
Polydyne,Inc. 1691 35,025.57 Chemicals,WaterWastewater Treatment
Polydyne,Inc. 1708 36,943.86 Chemicals,WaterWastewater Treatment
Polydyne,Inc. 1719 26,277A5 Chemicals,WaterWastewater Treatment
Person Industries, Inc. 64368 2,232.00 Laboratory Services&Supplies
EXHIBIT B
4n121Mr Page 7 of 11 515/2014
Claims Paid From 4/16114 to 4130114
Vendor Warrant No. Amount Description
Port Supply 64703 218.53 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
Power Bros.Machine,Inc. 64535 3,903.69 Repair&Maintenance Services and/or Supplies
Power Bros.Machine,Inc. 64704 2,031.20 Repair&Maintenance Services and/or Supplies
PR Electronics,Inc. 64536 264.33 Electrical/Electronic Equipment,Parts&Repairs
Praaair Distribution, Inc. 64369 451.66 Laboratory Services&Supplies
Praxair Distribution, Inc. 64537 638.68 Laboratory Services&Supplies
Praxair Distribution, Inc. 64705 311.40 Laboratory Services&Supplies
Prawn Products 64370 1,506.60 Repair&Maintenance Services and/or Supplies
Primary Source Office Furnishings,Inc. 64538 911.52 Minor EquipmenNFurniture&Fixtures
Primrose Ice Co.,Inc. 64371 131.25 Water&Ice Services
Primrose Ice Co.,Inc. 64706 131.25 Water&Ice Services
Procare Work Injury Center 64539 985.00 Medical Services
Professional Services/Core Ocean Monitor 64679 14,150.00 Marine Taxonomic Services,Ltd.
Project Management Institute 64372 164.00 Professional Organizations Meeting/Training/Membership
Project Management Institute 64540 164.00 Professional Organizations Meeting/Training/Membership
Projects Partners 64373 2,150.00 Professional Servicestremporary Employment Services
Projects Partners 64541 7,252.62 Professional Services/Temporary Employment Services
Propipe Professional Pipe Services 1705 7,421.29 Professional ServiceslCCTV Sewerline Inspections
Propipe Professional Pipe Services 1720 27,782.87 Professional ServiceslCCTV Sewerline Inspections
Prudential Cleanroom Services 64374 182.74 Uniforms
Prudential Cleanroom Services 64542 368.98 Uniforms
Prudential Insurance Company of America 64262 48,444.61 Benefits
Prudential Overall Supply 1701 1,473.64 Uniforms
Prudential Overall Supply 1731 3,131.06 Uniforms
Psomas 64375 4,429.22 Professional Services-Geographic Information System
Quayle Consulting Inc. 64432 60,630.00 Computer Applications&Services
QUILL CORP. 64543 77.70 Laboratory Services&Supplies
Rabobank,Escrow Aoot#272295573 64438 47,875.20 Construction
RANDSTAD TECHNOLOGIES,L.P. 64377 4,400.00 Software
RANDSTAD TECHNOLOGIES,L.P. 64544 3,600.00 Software
RANDSTAD TECHNOLOGIES,L.P. 64708 4,400.00 Software
Raul Cuellar 64759 517.46 Meeting/Training Expense Reimbursement
Red Wing Shoes 64378 954.96 Safety,Security,Health Equipment,Supplies,and Services
Red Wing Shoes 64709 695.52 Safety,Security,Health Equipment,Supplies,and Services
ReportsNow,Inc. 64710 5,630.40 Computers,Software/Hardware
Reatek Corp. 1702 4,983.37 Laboratory Services&Supplies
Reatek Corp. 1714 970.55 Laboratory Services&Supplies
Reatek Corp. 1732 1,712.95 Laboratory Services&Supplies
RMC Water and Environment 64586 53,481 B5 Professional Services
Roberto's Auto Trim Shop 64711 323.60 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
Rockwell Engineering&Equipment Co. 64379 12Z09 Repair&Maintenance Services and/or Supplies
RPM Electric Motors 64380 2,637.08 Repair&Maintenance Services and/or Supplies
S&J Supply Co Inc 64545 3,718.66 Repair&Maintenance Services and/or Supplies
S.S.Mechnical Corporation 64417 2,168.85 Construction
Safety-Kleen 64712 1,338.00 Repair&Maintenance Services and/or Supplies
SALSBURY INDUSTRIES 64546 12,362.50 Minor Equipment/Furniture&Fixtures
San Diego/Orange Fluid System Technologl 64547 1,539.61 Repair&Maintenance Services and/or Supplies
San Diego/Orange Fluid System Technologi 64713 5,573.01 Repair&Maintenance Services and/or Supplies
Sancon Engineering,Inc. 64433 42,985.00 Repair&Maintenance Services and/or Supplies
SC Fuels 64714 4,694.11 Fuel and Lubricants
Scaffolding Unlimited 64381 2,995.00 Scaffolding Rental
SCAP 64382 1,075.00 Professional Organizations Meeting/Tralninglivembershlp Dues
Schwing America,Inc. 64548 1,869.59 Mechanical Parts&Supplies
SCP Science 64383 576.00 Laboratory Services&Supplies
EXHIBIT B
fin0 Mr Page 8 of 11 vsr2014
Return to Acenda Report
Claims Paid From 4/16114 to 4130114
Vendor Warrant No. Amount Description
Sea Bird Electronics,Inc. 64715 356.50 Electrical/Electronic Equipment,Parts&Repairs
SECURED RETAIL NETWORKS 64549 800.00 Software
Secumas Security Services USA,Inc. 64587 31,250.21 Safety,Security,Health Equipment,Supplies,and Services
Sequoia Consultants,Inc. 64384 3,602.00 Professional ServiceslEngineenng Design Services
Sequoia Consultants,Inc. 64550 18,422.00 Professional ServiceslEngineenng Design Services
SETAC 64385 140.00 Professional Organizations Meeting/TraininglMembership
SETAC 64716 160.00 Professional Organizations Meeting/TraininglMembership
SGE, Inc. 64551 278.50 Laboratory Services&Supplies
SGE, Inc. 64717 790.56 Laboratory Services&Supplies
SGS Testoom,Inc. 64552 3.10 Computer Hardware and Services
Shamrock Supply Co.,Inc. 64386 4,694.56 Repair&Maintenance Services and/or Supplies
Shamrock Supply Co.,Inc. 64553 839.61 Repair&Maintenance Services and/or Supplies
Shamrock Supply Co.,Inc. 64718 1,693.94 Repair&Maintenance Services and/or Supplies
Sharesquared,Inc. 64588 28,702.85 Computer Applications&Services
Shawn R.May 64762 246.00 MeetingTrraining Expense Reimbursement
SHOETERIA 64719 476.25 Payee# 648456
Shureluck Sales&Engineering 64387 211.55 Repair&Maintenance Services and/or Supplies
Shureluck Sales&Engineering 64554 113.40 Repair&Maintenance Services and/or Supplies
Shureluck Sales&Engineering 64720 2,777.65 Repair&Maintenance Services and/or Supplies
Siemens Water Technologies Corp. 1698 1,523.84 Repair&Maintenance Services and/or Supplies
Siemens Water Technologies Corp. 64478 5,179.68 Repair&Maintenance Services and/or Supplies
Sierra Instruments,Inc. 64388 637.19 Repair&Maintenance Services and/or Supplies
SIERRA TRANSPORT INC. 64721 7,823.74 Professional Service-Biosolids Management
Sigma-Aldrich,Inc. 64555 1,436.40 Laboratory Services&Supplies
Skalar,Inc. 64389 103.95 Laboratory Services&Supplies
So.Cal Gas Company 64263 36,280.60 Utilities
So.Cal Gas Company 64556 984.43 Utilities
South Coast Air Quality Management Dist. 64723 118.94 Governmental Agency Fees&Charges
South Coast Shipyard,Inc. 64724 9,594.06 Autos,Trucks&Manne Equipment,Parts,Accessories&Services
Southern Califoria Sefac 64392 240.00 Professional Organization
Southern California Edison 64391 1,697.86 Utilities
Southern California Edison 64434 121,537.26 Utilities
Southern Counties Lubricants 64393 4,308.65 Fuel and Lubricants
Southern Counties Lubricants 64557 2,275.42 Fuel and Lubricants
SPEX Certiprep, Inc. 64725 263.84 Laboratory Services&Supplies
SSPC The Society for Protective Coating 64726 95.00 Professional Organizations Meeting/TraininglMembership
St.Croix Sensory, Inc. W58 4,652.05 Olfactometry Testing Services
St.Croix Sensory, Inc. 64727 1,227.60 Olfactometry Testing Services
Stantec Consulting Services,Inc. 64394 4,026.00 Professional Services/Surveying
Star-Odd/ 64395 9,245.00 Repair&Maintenance Services and/or Supplies
State Water Resources Control Board 64396 170.00 Governmental Agency Fees&Charges
State Water Resources Control Board 64421 170.00 Governmental Agency Fees&Charges
Summit Steel 1733 2,587.68 Repair&Maintenance Services and/or Supplies
Sunset Industrial Parts 64397 308A5 Repair&Maintenance Services and/or Supplies
Sunset Industrial Parts 64559 228.96 Repair&Maintenance Services and/or Supplies
Sunset Industrial Parts 64728 475.20 Repair&Maintenance Services and/or Supplies
Super Chem Corporation 64729 457.92 Repair&Maintenance Services and/or Supplies
Synagro West, Inc. 64264 706,370.81 Biosolids Management
TDI 64730 3,359.38 Professional Servicesllnfonnation Technology
Tektronix Inc 64731 195.00 Instrument Repairs&Calibration Services
TestAmenca Ontario 1715 210.00 Laboratory Services&Supplies
TestArnwica Ontario 1734 681.00 Laboratory Services&Supplies
Tetra Tech, Inc. 64732 864A9 Professional Services/Engineering Design ServlcesS
Thatcher Company Of California 64435 35,177.72 Chemicals,WaterANastewater Treatment
EXHIBIT B
anntatr Page 9 of 11 51 n014
Claims Paid From 4/16114 to 4130114
Vendor Warrant No. Amount Description
The Automotive Training Group, Inc. 64560 796.00 Professional Organizations Meeting/Training/Membership
The Bank of New York Mellon 64733 1,726.06 Quarterly Service Fee-Asset Administration
The Clock Sales and Service Co.,Inc. 64734 145.90 Repair&Maintenance Services and/or Supplies
The Orange County Register 64693 3,302.00 Notices&Ads
The Standard Insurance Company 64561 6,659.11 Disability Insurance
Theodore Robins Ford 64562 123.61 Autos,Trucks&Marne Equipment,Parts,Accessories&Services
Thompson Industrial Supply,Inc. 1703 3,874.48 Repair&Maintenance Services and/or Supplies
Thompson Industrial Supply,Inc. 1716 8,910.23 Repair&Maintenance Services and/or Supplies
Thompson Industrial Supply,Inc. 1735 1,291.07 Repair&Maintenance Services and/or Supplies
Tiano Construction 64563 1,038.00 Facilities,Maintenance,Services&Supplies
Time Warner Communications 64735 61.72 Telecommunications
Tony's Lock&Safe Service&Sales 64564 45.36 Repair&Maintenance Services and/or Supplies
Tony's Lock&Safe Service&Sales 64736 16.74 Repair&Maintenance Services and/or Supplies
Toshiba Business Solutions USA Inc. 64565 4,336.32 Computers,Software/Hardware&Managed Services
Toshiba Business Solutions USA Inc. 64737 271.80 Computers,Software/Hardware&Managed Services
Total Resource Management,Inc. 64589 118,878.94 Professional Servicesllmplementation of IBM Maxim
Townsend Public Affairs 64738 7,500.00 Professional Services-State Legislative Advocacy
TOXGUARD FLUID TECHNOLOGIES 64739 1,669.64 Professional Services-Legal
Tran Consulting Engineers 64398 17,954.00 Professional ServiceslEngineenng Design Services
Trans U.S.Inc 64566 17,882.46 Repair&Maintenance Services and/or Supplies
Transcat 1736 698.33 Repair&Maintenance Services and/or Supplies
Trained,Incorporated 1737 1,236.25 Repair&Maintenance Services and/or Supplies
Truck&Auto Supply,Inc. 64740 34.45 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
Tule Ranch/Magan Farms 64399 844.99 Biosolids Management
Tule Ranch/Magan Farms 64436 297,779.83 Biosolids Management
UC Regents 64400 2,925.00 Training Registration
Ultra Scientific 64568 1,903.00 Laboratory Services&Supplies
Underground Service Alerl of So.CaIH 64401 1,621.50 Professional Services-Dig Alert Notification Service
Union Bank of California 64741 1,660.00 Annual Administrative Fee for Series 2007A Certificates of Participation
United Parcel Service 64402 121.92 Freight Services
United Parcel Service 64569 479.73 Freight Services
United Parcel Service 64742 443.08 Freight Services
United States Postal Service 64567 5,000.00 Postage
Univar USA Inc 1717 2,232.95 Chemicals,WaterMastewater Treatment
US Peroxide,L.L.C. 64403 19,499.83 Chemicals,WaterMastewater Treatment
US Peroxide,L.L.C. 64570 14,015.72 Chemicals,WaterMastewater Treatment
US Peroxide,L.L.C. 64743 24,978.08 Chemicals,WaterMastewater Treatment
UTILITY TRAINING ACADEMY 64404 3,000.00 Meeting/Training Registration
Valye Automation&Controls 64571 2,258.36 Repair&Maintenance Services and/or Supplies
Vapex Products,Inc. 64744 4,524.02 Electrical/Electronic Equipment,Parts&Repairs
Vaughans Industrial Repair Cc Inc 64745 5,340.48 Repair&Maintenance Services and/or Supplies
Verbal Ink 64746 722.50 Human Resources Services
Verizon California 64747 645.05 Telecommunications
Verizon Wireless 64405 47A1 Telecommunications
Verizon Wireless 64748 1,260.28 Telecommunications
Verne's Plumbing 64572 1,433.40 Plumbing Services&Supplies
Veme's Plumbing 64749 14,261.26 Plumbing Services&Supplies
Vedech Industrial Systems,Lie 64750 6,815.15 Professional Services/Construction Consulting Services
Veterinary Pet Insurance Company 64573 858.59 Employee Voluntary Benefits
Village Nurseries 64406 55800 Repair&Maintenance Services and/or Supplies
Village Nurseries 64751 161 Repair&Maintenance Services and/or Supplies
Vision Internet Providers, Inc 64407 350.00 Professional Services/Web Design Services
VW R Scientific Products 64408 4,140.83 Laboratory Services&Supplies
VW R Scientific Products 64574 4,081.24 Laboratory Services&Supplies
EXHIBIT B
ramp/o- Page 10 of 11 51srz014
Return to Aaenda Report
Claims Paid From 4/16114 to 4130114
Vendor Warrant No. Amount Description
MR Scientific Products 64752 331.92 Laboratory Services&Supplies
W M_Lyles Co. 64594 771,776.20 Construction
Water Environment Federation 64409 529.00 Professional Organizations Meeting/TraininglMembership
Water Environment Federation 64410 640.00 Meeting Registration
Water Environment Federation 64753 1,344.00 Professional Organizations Meeting/TraininglMembership
Waters Corporation 64411 4,786.77 Laboratory Services&Supplies
Waxie Sanitary Supply 64575 75.17 Janitor&Household Service&Supplies
Waxie Sanitary Supply 64754 963.09 Janitor&Household Service&Supplies
Wayne Perry Inc 64576 1,900.00 Laboratory Services&Supplies
Well Welding Alloys 64755 1,022.79 Repair&Maintenance Services and/or Supplies
West Lite Supply Company,Inc. 64577 785.81 Electrical/Electronic Equipment,Parts&Repairs
Western Analytical Laboratories,Inc. 64412 3,005.00 Outside Laboratory Services
Western States Controls 64578 2,497.65 Electrical/Electronic Equipment,Parts&Repairs
Winzer Corporation 64413 128.83 Repair&Maintenance Services and/or Supplies
Winzer Corporation 64756 941.61 Repair&Maintenance Services and/or Supplies
Woodruff Spiradlin&Smart 64590 49,122.05 Professional Services-Legal
WoddatWork 64414 245.00 Professional Organizations Meeting/Training/Membership
Xerox Corporation 1704 396.82 Computers,Software/Hardware&Managed Services
Xerox Corporation 1738 11,225.62 Computers,Software/Hardware&Managed Services
Yale/Chase Materials Handling, Inc. 64415 126.86 Electrical/Electronic Equipment,&Electnc Cart Parts&Repairs
Yale/Chase Materials Handling, Inc. 64579 4,467.37 Electrical/Electronic Equipment,&Electnc Cart Parts&Repairs
Yale/Chase Materials Handling, Inc. 64757 9,235.29 Electrical/Electronic Equipment,&Electnc Cart Parts&Repairs
Yorke Engineering,L.L.C. 64758 235.75 Professional Services-Engineering
Total Accounts Payable-Warrants $ 6,850,288.53
Payroll Disbursements
Employee Paychecks 52994 - 53043 $ 80,823.62 Biweekly Payroll(4/16/14)
Employee Paychecks 53044 - 53080 82,228.29 Biweekly Payroll(4/30/14)
Employee Paychecks 53110 - 53113 3,321.07 Interim Payroll-OCERS Reimb.(4128/14)
Employee Paychecks 53114 1,907.56 Interim Payroll-Resignation leave payout(4/29114)
Direct Deposit Statements 352964 -353546 1,400,389.40 Biweekly Payroll(4/16/14)
Direct Deposit Statements 353547 -354119 1,456,285.66 Biweekly Payroll(4/30/14)
Total Payroll Disbursements $ 3,024,955,60 '53081-53109=used in a future period
Wire Transfer Payments
OCSD Payroll Taxes&Contributions $ 783,692.55 Biweekly Payroll(4116/14)
OCSD Payroll Taxes&Contributions 796,928.47 Biweekly Payroll(4130/14)
W.M Lyles 909,628.80 Construction P1-101/PP15(4/24114)
W.M Lyles 409,435.75 Construction P1-112&P2-101/PP3(4/24/14)
Total Wire Transfer Payments $ 2,899,685.57
Total Claims Paid 4l16114-W30114 $ 12,774,929.70
EXHIBIT B
fli Page 11 of 11 Vs 014
ITEM NO. 3
Orange County Sanitation District
MINUTES
BOARD MEETING
April 23, 2014
1 SANITgTj�y
Q ?
¢ e�
o �
Fcl�N HE ENv����
Administration Building
10844 Ellis Avenue
Fountain Valley, California 92708-7018
0 412 312 01 4 Minutes of Board Meeting Page 1 of 10
ROLL CALL
A regular meeting of the Board of Directors of the Orange County Sanitation District was
held on April 23, 2014, at 6:30 p.m., in the Administration Building. Director Mike Levitt
delivered the invocation and led the Pledge of Allegiance.
The Clerk of the Board declared a quorum present as follows:
ACTIVE DIRECTORS ALTERNATE DIRECTORS
X Troy Edgar, Chair Richard Murphy
X Tom Beamish, Vice Chair Rose Espinoza
X David Benavides Sal Tinajero
X Joe Carchio Dave Sullivan
X Steven Choi Christina Shea
X Keith Curry Rush Hill
X Tyler Diep AI Krippner
X James M. Ferryman Bob Ooten
X Gene Hernandez John Anderson
X Steven Jones Kris Beard
X Peter Kim Gerard Goedhart
X Lucille Kring Jordan Brandman
X Michael Levitt Gordon Shanks
X Brett Murdock Roy Moore
Steve Nagel X Michael Vo
X Prakash Narain Doug Bailey
Scott Nelson X Constance Underhill
X Janet Nguyen Shawn Nelson
X John Nielsen Allan Bernstein
X Brad Reese Greg Mills
X Gregory Sebourn Jan Flory
X David Shawver Carol Warren
X Fred Smith Steve Berry
Teresa Smith X Mark Murphy
X John Withers Douglas Reinhart
STAFF MEMBERS PRESENT: Jim Herberg, General Manager, Bob Ghirelli, Assistant
General Manager; Rob Thompson, Director of Engineering, Nick Arhontes, Director of
Facilities Support Services; Lorenzo Tyner, Director of Finance & Administrative
Services; Jeff Reed, Director of Human Resources; Maria E. Ayala, Clerk of the Board;
Norbert Gaia; and Kelly Lore.
OTHERS PRESENT: Brad Hogin, General Counsel; from SAWPA: Celeste Cantu, and
Rich Haller; from OCWD: Cathy Green and Mike Markus; from OCHCA: Richard
Sanchez and Larry Honeyboume; from OCPW: Shane Silsby; and Sarah Rose George,
Student.
04/23/2014 Minutes of Board Meeting Page 2 of 10
SPECIAL PRESENTATIONS:
• Celeste Cantu and Rich Haller, from SAWPA, presented OCSD with a Certificate
of Commendation in acknowledgement of the District's 601"Anniversary.
Director Benavides arrived at the meeting at 6:37 p.m.
• Chair Troy Edgar and General Manager Jim Herberg presented Certificates of
Commendation to the following agencies and their respective representatives as
appreciation for their agency's collaborative work with the District over the last
60 years:
o Santa Ana Watershed Project Authority, Celeste Cantu and Rich Haller
o Orange County Water District, Mike Markus and Cathy Green
o OC Public Works, Shane Silsby
o County of Orange Health Care Agency, Richard Sanchez and Larry
Honeyboume
Director Carchio arrived at the meeting at 6:39 p.m.
Director Diep arrived at the meeting at 6:43 p.m.
• Chair Edgar presented student, Sarah Rose George with the OC Science and
Engineering Fair Award for Jr. Level OCSD Environmental Stewardship.
PUBLIC COMMENTS:
None.
REPORTS:
Chair Edgar announced the May 21" State of the District event, and said a reminder would
be sent out in the next few days. He also reminded the Committee about the required
discrimination and harassment training, and that two dates would be offered for the Board to
participate in this training; a yellow form was provided for the Directors in their meeting
folders so that they may select a training session. Chair Edgar took a moment to display the
US Water Prize the District had recently been awarded.
Jim Herberg, General Manager, reported that OCSD's What 2 Flush campaign had received
an Excellence in Communications award from CAPIO for marketing/communications
campaign. He also announced that Chair Edgar was recently awarded the ACC-OC Liaison
Awards for actively promoting the value and benefit of collaborative policymaking.
04/23/2014 Minutes of Board Meeting Page 3 of 10
Mr. Herberg reported on the following from his General Manager's Monthly Status Update:
upcoming earthquake inspections presentation at the next committee meetings; the District
receiving the Water Prize, Safety award, Headworks award, and GFAO award; update on the
disinfection program; recent hiring of four new managers (two engineering managers, a Risk
Manager, and a Maintenance Manager); update on community outreach events for the month
of April; labor negotiations brief update as no closed session would be necessary; and an
update on the biosolids hydrogen fuel project.
RATIFICATION OF PAYMENT OF CLAIMS:
1. MOVED, SECONDED, AND DULY CARRIED: Ratify payment of claims of the
District, by roll call vote, as follows:
Claims Paid for the Period Ending: 03/15/14 03/31/14
Totals $ 9,292,561.10 $ 12,804,778.93
AYES: Beamish; Benavides; Carchio; Choi; Edgar; Ferryman;
Hernandez; Jones; Kim; Kring; Levitt; Murdock; Narain;
Reese; F. Smith; and Underhill (Alternate).
NOES: None
Curry; Diep; M. Murphy (Alternate); Nielsen; Sebourn;
ABSTENTIONS: Shawver; Vo (Alternate)
ABSENT: Nguyen; and Withers*
*Director Withers stepped out of the meeting at the time of the roll call vote on
Agenda Item 1.
CONSENT CALENDAR:
2. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the Regular
Board Meeting held on March 26, 2014.
AYES: Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar;
Ferryman; Hernandez; Jones; Kim; Kring; Levitt;
Murdock; Narain; Nielsen; Reese; Sebourn; Shawver; F.
Smith; and Withers.
NOES: None
M. Murphy (Alternate); Underhill (Alternate); and Vo
ABSTENTIONS: (Alternate)
ABSENT: Nguyen
O4 W2014 Minutes of Board Meeting Page 4 of 10
3. MOVED, SECONDED, AND DULY CARRIED:
A. Approve Plans and Specifications for CenGen Emissions Control,
Project No. J-111; and
B. Approve Addendum Nos. 1, 2, 3, 4, 5, and 6 to the plans and
specifications; and
C. Receive and file bid tabulation and recommendation; and
D. Award a construction contract to Shimmick Construction Company, Inc. for
CenGen Emissions Control, Project No. J-111, for a total amount not to
exceed $14,895,000; and
E. Approve a contingency of$1,117,125 (7.5%).
AYES: Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar;
Ferryman; Hernandez; Jones; Kim; Kring; Levitt;
Murdock; M. Murphy (Alternate); Narain; Nielsen; Reese;
Sebourn; Shawver; F. Smith; Underhill (Alternate); Vo
(Alternate) and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: Nguyen
4. MOVED, SECONDED, AND DULY CARRIED:
A. Authorize the General Manager to award a contract to the lowest
responsive and responsible bidder, for the Replacement of Valves at Bay
Bridge Valve Vault, Project No. FR10-018, for an amount not to exceed
$235,600; and
B. Approve a contingency of$47,120 (20%).
AYES: Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar;
Ferryman; Hernandez; Jones; Kim; Kring; Levitt;
Murdock; M. Murphy (Alternate); Narain; Nielsen; Reese;
Sebourn; Shawver; F. Smith; Underhill (Alternate); Vo
(Alternate) and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: Nguyen
O4 W2014 Minutes of Board Meeting Page 5 of 10
NON-CONSENT. PUBLIC HEARING:
Mr. Hogin, General Counsel, gave a brief explanation of the change in compensation
being proposed for the new ordinance.
5. A. At 7:00 p.m. Chair Edgar opened the public hearing for proposed
Ordinance No. OCSD45, pertaining to the compensation of the members
of the Board of Directors.
B. No public comments were received.
C. At 7:01 p.m. Chair Edgar closed the public hearing.
B n49t An 19 ...n.i n.A:nnn.... N.. Oren nG by title only and waiven...tinn ni
said enure Ord Parise n nn:i 73 2914j .,na
n:.n,.tn... of n.nnnn nn..nt., San tatinn n:nt.:..t n...nn,tinn n.,tin..nAn NA
Oren an Pertn n n to the Gempensat'n of the Mernt.n.n of the Board of
Directors".
Director Nguyen arrived at 7:11 p.m.
After considerable discussion by the Board, the Board of Directors:
MOVED, SECONDED, AND DULY CARRIED to TABLE Agenda Items 5D and
5E until time uncertain.
AYES: Beamish; Benavides; Carchio; Choi; Diep; Edgar,
Ferryman; Hernandez; Jones; Kring; Levitt; Murdock;
Narain; Nguyen; Nielsen; Reese; Shawver; F. Smith;
Underhill (Alternate); Vo (Alternate) and Withers.
NOES: Curry; Kim; M. Murphy (Alternate); and Sebourn.
ABSTENTIONS: None
ABSENT: None
04/23/2014 Minutes of Board Meeting Page 6 of 10
OPERATIONS COMMITTEE:
6. Approve minutes for the Committee Meeting held on April 2, 2014.
AYES: Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar;
Ferryman; Hernandez; Jones; Kim; Kring; Levitt;
Murdock; M. Murphy (Alternate); Narain; Nguyen;
Nielsen; Reese; Seboum; Shawver; F. Smith; Underhill
(Alternate); Vo (Alternate) and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: None
7. MOVED, SECONDED, AND DULY CARRIED:
A. Approve a Professional Consultant Services Agreement with Black &
Veatch Corporation to provide construction support services for CenGen
Emissions Control, Project No. J-111, for an amount not to exceed
$1,097,212; and
B. Approve a contingency of$109,721 (10%).
AYES: Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar;
Ferryman; Hernandez; Jones; Kim; Kring; Levitt;
Murdock; M. Murphy (Alternate); Narain; Nguyen;
Nielsen; Reese; Seboum; Shawver; F. Smith; Underhill
(Alternate); Vo (Alternate) and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: None
8. MOVED, SECONDED, AND DULY CARRIED:
A. Approve a Professional Consultant Services Agreement with Brown &
Caldwell to provide construction support services for Newport Force Main
Rehabilitation, Project No. 5-60, for an amount not to exceed $2,231,925;
and
B. Approve a contingency of$178,554 (8%).
04/23/2014 Minutes of Board Meeting Page 7 of 10
AYES: Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar;
Ferryman; Hernandez; Jones; Kim; Kring; Levitt;
Murdock; M. Murphy (Alternate); Narain; Nguyen;
Nielsen; Reese; Seboum; Shawver; F. Smith; Underhill
(Alternate); Vo (Alternate) and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: None
ADMINISTRATION COMMITTEE:
9. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the
Committee Meeting held on April 9, 2014.
AYES: Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar;
Ferryman; Hernandez; Jones; Kim; Kring; Levitt;
Murdock; M. Murphy (Alternate); Narain; Nguyen;
Nielsen; Reese; Seboum; Shawver; F. Smith; Underhill
(Alternate); Vo (Alternate) and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: None
10. MOVED, SECONDED, AND DULY CARRIED: Authorize the General Manager to
issue new fixed rate Certificates of Participation (COP), to be referred to as
Wastewater Refunding Revenue Obligations, in an amount sufficient to refund up
to $267.3 million of COP Series 2007B.
AYES: Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar;
Ferryman; Hernandez; Jones; Kim; Kring; Levitt;
Murdock; M. Murphy (Alternate); Narain; Nguyen;
Nielsen; Reese; Seboum; Shawver; F. Smith; Underhill
(Alternate); Vo (Alternate) and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: None
04/23/2014 Minutes of Board Meeting Page 8 of 10
STEERING COMMITTEE:
11. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the Steering
Committee Meeting held on March 26, 2014.
AYES: Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar;
Ferryman; Hernandez; Jones; Kim; Kring; Levitt;
Murdock; M. Murphy (Alternate); Narain; Nguyen;
Nielsen; Reese; Seboum; Shawver; F. Smith; Underhill
(Alternate); Vo (Alternate) and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: None
LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE:
12. MOVED, SECONDED, AND DULY CARRIED: Receive and file the minutes of
the April 16, 2014 meeting of the Legislative and Public Affairs Special
Committee.
AYES: Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar;
Ferryman; Hernandez; Jones; Kim; Kring; Levitt;
Murdock; M. Murphy (Alternate); Narain; Nguyen;
Nielsen; Reese; Seboum; Shawver; F. Smith; Underhill
(Alternate); Vo (Alternate) and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: None
GWRS STEERING COMMITTEE:
13. MOVED, SECONDED, AND DULY CARRIED: Receive and file the Groundwater
Replenishment System Steering Committee minutes of the January 13, 2014
meeting, and the amended minutes of the January 10, 2011; April 9, 2012; July
9; 2012; April 8, 2013 and July 8, 2013 meetings.
AYES: Beamish; Benavides; Carchio; Choi; Curry; Diep; Edgar,
Ferryman; Hernandez; Jones; Kim; Kring; Levitt;
Murdock; M. Murphy (Alternate); Narain; Nguyen;
Nielsen; Reese; Seboum; Shawver; F. Smith; Underhill
(Alternate); Vo (Alternate) and Withers.
04/23/2014 Minutes of Board Meeting Page 9 of 10
NOES: None
ABSTENTIONS: None
ABSENT: None
AB 1234 REPORTS:
Chair Edgar gave a report on his recent trips with the General Manager to:
• Washington DC. Accepted the U.S. Water Prize and held various congressional
meetings.
• Sacramento. Attended the AB 946 Hearing.
Director Ferryman reported on his recent meetings as part of the following Boards:
• SARFPA; OCCOG; and NWRI.
CLOSED SESSION
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
Chair Edgar noted that staff projections indicate that lower than anticipated CIP
expenditures will result in greater than forecasted reserve levels. He asked staff to
review these projections and provide options to reduce OCSD's debt and/or unfunded
liabilities with these reserves at a subsequent Board meeting.
ADJOURNMENT:
The Chair adjourned the meeting at 7:20 p.m., until the next Regular Board Meeting on
May 28, 2014 at 6:30 p.m.
Maria E. Ayala, Clerk of the Board
04/23/2014 Minutes of Board Meeting Page 10 of 10
BOARD OF DIRECTORS Meeting Dare I TOBA./f Dir.
- os/zs/ia
AGENDA REPORT em Number Item Numbe
a
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT
SPUTTER BOX MODIFICATION, CONTRACT NO. P1-102A
GENERAL MANAGER'S RECOMMENDATION
A. Receive and file bid tabulation and recommendation; and
B. Award a construction contract to W.M. Lyles, Co. for Activated Sludge Facility 2
Aeration Basin Effluent Splitter Box Modification, Contract No. P1-102A, for a
total amount not to exceed $273,908; and
C. Approve a contingency of$54,782 (20%).
SUMMARY
Modifications are needed in the new Activated Sludge Facility 2 (AS2) at Plant No. 1 as
part Secondary Treatment Expansion Project at Plant No. 1, Project P1-102. These
modifications are needed to resolve hydraulic capacity issues and involve expanding
the openings within the AS2 Aeration Basin Effluent Splitter Box in this facility and
installing isolation gates to be able to remove portions of the facility from service.
The original designer, Black and Veatch, has prepared a design for modifications to the
AS2 Aeration Basin Effluent Splitter Box. These modifications will allow normal
operation of the aeration basin blowers and allow gravity conveyance of 120 MGD of
peak flow through AS2. The design was completed by Black and Veatch without
additional compensation by the Sanitation District. Black and Veatch has agreed to
reimburse OCSD for the construction costs to meet the original performance criteria.
The Sanitation District advertised for bids on April 18, 2014. Five sealed bids were
received on May 12, 2014. The bids were evaluated in accordance with the Sanitation
District policies and procedures. W.M. Lyles Co. was deemed the lowest responsive,
responsible bidder.
Staff recommends awarding a construction contract to W.M. Lyles Co. for Activated
Sludge Facility 2 Aeration Basin Effluent Splitter Box Modification, Contract
No. P1-102A, for a total amount not to exceed $273,908.
Page 1 of 3
Summary information on the bid opening for Activated Sludge Facility 2 Aeration Basin
Effluent Splitter Box Modification, Contract No. P1-102A, is as follows:
Project Budget $255,471,000
Construction Contract Budget $ 500,000
Engineer's Estimate $ 470,000
Lowest Responsive, Responsible Bid $ 273,908
$ 609,000
Bidder Amount of Bid
W.M. Lyles, Co. $ 273,908
Tharsos, Inc. $ 380,000
Environmental Construction, Inc. $ 386,160
Cora Constructors, Inc. $ 454,454
Jamison Engineering Contractors, Inc. $ 609,000
PRIOR COMMITTEE/BOARD ACTIONS
None.
ADDITIONAL INFORMATION
The water surface elevations at AS2 are higher than the elevations predicted in the
hydraulic models prepared during the design phase. The higher water surface
elevations were discovered during the Performance Acceptance Test in December
2012. These higher water levels have resulted in aeration basin blower operational
issues and have limited AS2 ability to pass the design peak hydraulic flow of 120 million
gallons per day (MGD).
The AS2 Aeration Basin Splitter Box modification involves the removal of a 7-foot wide
by 4-foot high section of wall above each splitter trough opening to allow more flow to
go through during peak flow events. Modifications will result in water surface elevations
in the aeration basins that are comparable to the water surface elevation predicted in
the design phase hydraulic model.
The design consultant has agreed to pay for the construction cost of these changes with
an up-front payment in the amount of the bid award sum, and a second payment at
completion to cover any necessary change orders.
CEQA
A Notice of Exemption was filed and recorded with the County of Orange on
March 14, 2014.
Page 2 of 3
BUDGET/PURCHASING ORDINANCE COMPLIANCE
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted. (Line item: FY2013-14 Update, Page A-9,
Item 49). Project contingency funds will be used for this construction contract.
Sanitation District will pursue cost recovery in the construction cost of this project.
Date of ADDroval Contract Amount Contingency
05/28/14 $273,908 $54,782(20%)
ATTACHMENT
The following attachment(s) maybe viewed on-line at the OCSD webske (www.ocsd.com) with the
complete agenda package:
Construction Contract
RT:EY:dm:gc
Page 3 of 3
Return to Aaenda Report
PART A
CONTRACT AGREEMENT
C-CA-021414
TABLE OF CONTENTS
CONTRACT AGREEMENT
SECTION - 1 GENERAL CONDITIONS..................................................................1
SECTION -2 MATERIALS AND LABOR.................................................................4
SECTION -3 PROJECT..........................................................................................5
SECTION -4 PLANS AND SPECIFICATONS ........................................................5
SECTION -5 TIME OF COMMENCEMENT AND COMPLETION ..........................5
SECTION -6 TIME IS OF THE ESSENCE .............................................................6
SECTION -7 EXCUSABLE DELAYS......................................................................6
SECTION -8 EXTRA WORK...................................................................................7
SECTION -9 CHANGES IN PROJECT...................................................................7
SECTION - 10 LIQUIDATED DAMAGES FOR DELAY.............................................8
SECTION - 11 CONTRACT PRICE AND METHOD OF PAYMENT.........................8
SECTION - 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF
FUNDS ............................................................................................10
SECTION - 13 COMPLETION.................................................................................10
SECTION - 14 CONTRACTOR'S EMPLOYEES COMPENSATION.......................10
SECTION - 15 SURETY BONDS ............................................................................13
SECTION - 16 INSURANCE....................................................................................14
SECTION - 17 RISK AND INDEMNIFICATION.......................................................21
SECTION - 18 TERMINATION................................................................................22
SECTION - 19 WARRANTY....................................................................................22
SECTION -20 ASSIGNMENT.................................................................................23
SECTION -21 RESOLUTION OF DISPUTES ........................................................23
SECTION -22 SAFETY& HEALTH ........................................................................23
SECTION -23 NOTICES.........................................................................................24
C-CA-021414
Return to Aaenda Report
CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
CONTRACT NO. P1-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX
MODIFICATION
Part of
PROJECT NO. P1-102
SECONDARY ACTIVATED SLUDGE FACILITY 2 AT PLANT NO. 7
THIS AGREEMENT is made and entered into, to be effective, this May 28, 2014, by and
between W.M. Lyles Company, hereinafter referred to as"CONTRACTOR"and the Orange
County Sanitation District, hereinafter referred to as "OCSD".
WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and exchanged,
OCSD and CONTRACTOR agree as follows:
SECTION-1 GENERAL CONDITIONS
CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the
Contract Documents as hereinafter defined, the location of the job site, and the conditions under
which the Work is to be performed have been thoroughly reviewed, and enters into this Contract
based upon CONTRACTOR's investigation of all such matters and is in no way relying upon
any opinions or representations of OCSD. It is agreed that this Contract represents the entire
agreement. It is further agreed that the Contract Documents are each incorporated into this
Contract by reference, with the same force and effect as if the same were set forth at length
herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any
C-CA-021414
CONTRACT NO. P1-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 1 of 25
and all of said Contract Documents insofar as they relate in any part or in any way, directly or
indirectly, to the Work covered by this Contract.
A. Contract Documents Order of Precedence
"Contract Documents" refers to those documents identified in the definition of"Contract
Documents" in the General Conditions—Definitions.
1. In the event of a conflict between one Contract Document and any of the other
Contract Documents, the provisions in the document highest in precedence shall be
controlling. The order of precedence of the Contract Documents is as follows:
a. Supplemental Agreements—the last in time being the first in precedence
b. Addenda issued prior to opening of Bids—the last in time being the first in
precedence
c. Contract Agreement
d. Permits and other regulatory requirements
e. Special Provisions
f. General Conditions (GC)
g. Notice Inviting Bids and Instruction to Bidders
h. Geotechnical Baseline Report (GBR), if attached as a Contract Document
i. Plans and Specifications—in these documents the order of precedence shall be:
i. Specifications (Divisions 01-17)
ii. Plans
iii. General Requirements (GR)
iv. Standard Drawings and Typical Details
j. CONTRACTOR'S Bid
2. In the event of a conflict between terms within an individual Contract Document, the
conflict shall be resolved by applying the following principles as appears applicable:
C-CA-021414
CONTRACT NO. Pi-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 2 of 25
Return to Aaenda Report
a. Figured dimensions on the Contract Documents shall govern. Dimensions not
specified shall be as directed by the ENGINEER. Details not shown or
specified shall be the same as similar parts that are shown or specified, or as
directed. Full-size details shall take precedence over scale Drawings as to
shape and details of construction. Specifications shall govern as to material
and workmanship.
b. The Contract Documents calling for the higher quality material or workmanship
shall prevail. Materials or Work described in words, which so applied, have a
well known technical or trade meaning shall be deemed to refer to such
recognized standards. In the event of any discrepancy between any Drawings
and the figures thereon, the figures shall be taken as correct.
C. Scale Drawings, full-size details, and Specifications are intended to be fully
complementary and to agree. Should any discrepancy between Contract
Documents come to the CONTRACTOR's attention, or should an error occur in
the efforts of others, which affect the Work, the CONTRACTOR shall notify the
ENGINEER, in writing, at once. In the event any doubts or questions arise with
respect to the true meaning of the Contract Documents, reference shall be
made to the ENGINEER whose written decision shall be final. If the
CONTRACTOR proceeds with the Work affected without written instructions
from the ENGINEER, the CONTRACTOR shall be fully responsible for any
resultant damage or defect.
d. Anything mentioned in the Specifications and not indicated in the Plans, or
indicated in the Plans and not mentioned in the Specifications, shall be of like
effect as if indicated and mentioned in both. In case of discrepancy in the
Plans or Specifications, the matter shall be immediately submitted to OCSD's
C-CA-021414
CONTRACT NO. P1-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 3 of 25
ENGINEER, without whose decision CONTRACTOR shall not adjust said
discrepancy save only at CONTRACTOR's own risk and expense. The
decision of the ENGINEER shall be final.
In all matters relating to the acceptability of material, machinery or plant equipment;
classifications of material or Work; the proper execution, progress or sequence of the
Work; and quantities interpretation of the Contract Documents, the decision of the
ENGINEER shall be final and binding, and shall be a condition precedent to any payment
under the Contract, unless otherwise ordered by the Board of Directors.
B. Definitions
Capitalized terms used in this Contract are defined in the General Conditions, Definitions.
Additional terms may be defined in the Special Provisions.
SECTION-2 MATERIALS AND LABOR
CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at
CONTRACTOR'S own expense, all labor and materials necessary, except such as are
mentioned in the Specifications to be furnished by OCSD, to construct and complete the
Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or
materials when due, OCSD may settle such claims by making demand upon the Surety to this
Contract. In the event of the failure or refusal of the Surety to satisfy said claims, OCSD may
settle them directly and deduct the amount of payments from the Contract Price and any
amounts due to CONTRACTOR. In the event OCSD receives a stop payment notice from any
laborer or material supplier alleging non-payment by CONTRACTOR, OCSD shall be entitled to
deduct all of its costs and expenses incurred relating thereto, including but not limited to
administrative and legal fees.
C-CA-021414
CONTRACT NO. Pi-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 4 of 25
Return to Aaenda Report
SECTION-3 PROJECT
The Project is described as:
CONTRACT NO. P1-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPLITTER BOX
MODIFICATION
Part of
PROJECT NO. P1-102
SECONDARY ACTIVATED SLUDGE FACILITY 2 AT PLANT NO. 1
SECTION —4 PLANS AND SPECIFICATONS
The Work to be done is shown in a set of Plans and Specifications entitled:
CONTRACT NO. P1-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPLITTER BOX
MODIFICATION
Part of
PROJECT NO. P1-102
SECONDARY ACTIVATED SLUDGE FACILITY 2 AT PLANT NO. 1
Said Plans and Specifications and any revision, amendments and addenda thereto are attached
hereto and incorporated herein as part of this Contract and referred to by reference.
SECTION—5 TIME OF COMMENCEMENT AND COMPLETION
CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth
in the "Notice to Proceed" sent by OCSD, unless otherwise specified therein and shall diligently
prosecute the Work to completion within 160 calendar days from the date of the "Notice to
Proceed" issued by OCSD, excluding delays caused or authorized by OCSD as set forth in
Sections 7, 8, and 9 hereof, and applicable provisions in the General Conditions. The time for
C-CA-021414
CONTRACT NO. P1-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 5 of 25
completion includes 3 calendar days determined by OCSD likely to be inclement weather when
CONTRACTOR will be unable to work.
In addition, CONTRACTOR shall accomplish such milestones within the periods of performance
set forth in Appendix A of the Special Provisions entitled "Work Completion Schedule."
SECTION—6 TIME IS OF THE ESSENCE
Time is of the essence of this Contract. As required by the Contract Documents,
CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples,
and do all other things necessary and incidental to the prosecution of CONTRACTOR's Work in
conformance with an approved construction progress schedule. CONTRACTOR shall
coordinate the Work covered by this Contract with that of all other contractors, subcontractors
and of OCSD, in a manner that will facilitate the efficient completion of the entire Work and
accomplish the required milestone(s), if any, by the applicable deadline(s) in accordance with
Section 5 herein. OCSD shall have the right to assert complete control of the premises on
which the Work is to be performed and shall have the right to decide the time or order in which
the various portions of the Work shall be installed or the priority of the work of subcontractors,
and, in general, all matters representing the timely and orderly conduct of the Work of
CONTRACTOR on the premises.
SECTION — 7 EXCUSABLE DELAYS
CONTRACTOR shall only be excused for any delay in the prosecution or completion of the
Project as specifically provided in General Conditions, "Extensions for Delay", and the General
Requirements, "By CONTRACTOR or Others— Unknown Utilities during Contract Work".
Extensions of time and extra compensation arising from such excusable delays will be
determined in accordance with the General Conditions, "Extension of Time for Delay"and
"Contract Price Adjustments and Payments", and extensions of time and extra compensation as
a result of incurring undisclosed utilities will be determined in accordance with General
C-CA-021414
CONTRACT NO. Pl-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 6 of 25
Return to Aaende Report
Requirements, "By CONTRACTOR or Others— Unknown Utilities during Contract Work".
OCSD's decision will be conclusive on all parties to this Contract.
SECTION—8 EXTRA WORK
The Contract Price as set forth in Section 11, includes compensation for all Work performed by
CONTRACTOR, unless CONTRACTOR obtains a Change Order signed by a designated
representative of OCSD specifying the exact nature of the Extra Work and the amount of extra
compensation to be paid all as more particularly set forth in Section 9 hereof and the General
Conditions, "Request for Change (Changes at CONTRACTOR's Request)", "OWNER Initiated
Changes", and "Contract Price Adjustments and Payments".
In the event a Change Order is issued by OCSD pursuant to the Contract Documents, OCSD
shall extend the time fixed in Section 5 for completion of the Project by the number of days, if
any, reasonably required for CONTRACTOR to perform the Extra Work, as determined by
OCSD's ENGINEER. The decision of the ENGINEER shall be final.
SECTION-9 CHANGES IN PROJECT
OCSD may at any time, without notice to any Surety, by Change Order, make any changes in
the Work within the general scope of the Contract Document, including but not limited to
changes:
1. In the Specifications (including Drawings and designs);
2. In the time, method or manner of performance of the Work;
3. In OCSD-furnished facilities, equipment, materials, services or site; or
4. Directing acceleration in the performance of the Work.
No change of period of performance or Contract Price, or any other change in the Contract
Documents, shall be binding until the Contract is modified by a fully executed Change Order.
C-CA-021414
CONTRACT NO. P1-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 7 of 25
All Change Orders shall be issued in accordance with the requirements set forth in the General
Conditions, "Request for Change (Changes at CONTRACTOR's Request)" and "OWNER
Initiated Changes".
SECTION—10 LIQUIDATED DAMAGES FOR DELAY
Liquidated Damages shall be payable in the amounts and upon the occurrence of such events
or failure to meet such requirements or deadlines as provided in the Special Provisions,
"Liquidated Damages and Incentives."
SECTION—11 CONTRACT PRICE AND METHOD OF PAYMENT
A. OCSD agrees to pay and the CONTRACTOR agrees to accept as full consideration for the
faithful performance of this Contract, subject to any additions or deductions as provided in
approved Change Orders, the sum of Two Hundred Seventy-Three Thousand Nine
Hundred Eight Dollars ($273,908)as itemized on the Attached Exhibit"A".
Upon satisfaction of the conditions precedent to payment set forth in the General
Requirements, Additional General Requirements and General Conditions (including but
not limited to Sections entitled "Mobilization Payment Requirements"and "Payment
Itemized Breakdown of Contract Lump Sum Prices"), there shall be paid to the
CONTRACTOR an initial Net Progress Payment for mobilization. OCSD shall issue at the
commencement of the job a schedule which shows:
1. A minimum of one payment to be made to the CONTRACTOR for each successive
four(4)week period as the Work progresses, and
2. The due dates for the CONTRACTOR to submit requests for payment to meet the
payment schedule.
After the initial Net Progress Payment, and provided the CONTRACTOR submits the
request for payment prior to the end of the day required to meet the payment schedule,
C-CA-021414
CONTRACT NO. Pi-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 8 of 25
Return to Aaenda Report
the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly
payment date set forth in the schedule.
Payments shall be made on demands drawn in the manner required by law, accompanied
by a certificate signed by the ENGINEER, stating that the Work for which payment is
demanded has been performed in accordance with the terms of the Contract Documents,
and that the amount stated in the certificate is due under the terms of the Contract. Payment
applications shall also be accompanied with all documentation, records, and releases as
required by the Contract, Exhibit A, Schedule of Prices, and General Conditions, "Payment
for Work—General". The Total amount of Progress Payments shall not exceed the actual
value of the Work completed as certified by OCSD's ENGINEER. The processing of
payments shall not be considered as an acceptance of any part of the Work.
B. As used in this Section, the following defined terms shall have the following meanings:
1. "Net Progress Payment" means a sum equal to the Progress Payment less the
Retention Amount and other qualified deductions (Liquidated Damages, stop
payment notices, etc.).
2. "Progress Payment" means a sum equal to:
a. the value of the actual Work completed since the commencement of the Work
as determined by OCSD;
b. plus the value of material suitably stored at the worksite, treatment plant or
approved storage yards subject to or under the control of OCSD since the
commencement of the Work as determined by OCSD;
C. less all previous Net Progress Payments;
d. less all amounts of previously qualified deductions;
e. less all amounts previously retained as Retention Amounts.
C-CA-021414
CONTRACT NO. P1-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 9 of 25
3. "Retention Amount"for each Progress Payment means the percentage of each
Progress Payment to be retained by OCSD to assure satisfactory completion of the
Contract. The amount to be retained from each Progress Payment shall be
determined as provided in the General Conditions—"Retained Funds; Substitution of
Securities."
SECTION—12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS
Pursuant to Public Contract Code Section 22300 at seq., the CONTRACTOR may, at its sole
expense, substitute securities as provided in General Conditions—"Retained Funds;
Substitution of Securities."
SECTION—13 COMPLETION
Final Completion and Final Acceptance shall occur at the time and in the manner specified in the
General Conditions, "Final Acceptance and Final Completion", "Final Payment" and Exhibit A-
Schedule of Prices.
Upon receipt of all documentation, records, and releases as required by the Contract from the
CONTRACTOR, OCSD shall proceed with the Final Acceptance as specified in General
Conditions.
SECTION-14 CONTRACTOR'S EMPLOYEES COMPENSATION
A. Davis-Bacon Act:
CONTRACTOR will pay and will require all Subcontractors to pay all employees on said
Project a salary or wage at least equal to the prevailing rate of per diem wages as
determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each
craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon
Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00)and
when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If
C-CA-021414
CONTRACT NO. Pi-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 10 of 25
Return to Aaende Report
the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be
complied with are incorporated herein as a part of this Contract and referred to by
reference.
B. General Prevailing Rate:
OCSD has been advised by the State 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, and copies of
the same are on file in the Office of the ENGINEER of OCSD. The CONTRACTOR
agrees that not less than said prevailing rates shall be paid to workers employed on this
public works Contract as required by Labor Code Section 1774 of the State of California.
Per California Labor Code 1773.2, OCSD will have on file copies of the prevailing rate of
per diem wages at its principal office and at each job site, which shall be made available to
any interested party upon request.
C. Forfeiture for Violation:
CONTRACTOR shall, as a penalty to OCSD, forfeit Two Hundred Dollars ($200.00)for
each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or
any Subcontractor under it) less than the prevailing rate of per diem wages as set by the
Director of Industrial Relations, in accordance with Sections 1770-1780 of the California
Labor Code for the Work provided for in this Contract, all in accordance with Section 1775
of the Labor Code of the State of California.
D. Apprentices:
Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding the
employment of apprentices are applicable to this Contract and the CONTRACTOR shall
comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00)or more.
C-CA-021414
CONTRACT NO. P1-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 11 of 25
E. Workday:
In the performance of this Contract, not more than eight(8) hours shall constitute a day's
work, and the CONTRACTOR shall not require more than eight(8) hours of labor in a day
from any person employed by him hereunder except as provided in paragraph (B)above.
CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 at sea.)of the
Labor Code of the State of California and shall forfeit to OCSD as a penalty, the sum of
Twenty-five Dollars ($25.00)for each worker employed in the execution of this Contract by
CONTRACTOR or any Subcontractor for each calendar day during which any worker is
required or permitted to labor more than eight(8) hours in any one calendar day and forty
(40) hours in any one week in violation of said Article. CONTRACTOR shall keep an
accurate record showing the name and actual hours worked each calendar day and each
calendar week by each worker employed by CONTRACTOR in connection with the Project.
F. Record of Waaes: Inspection:
CONTRACTOR agrees to maintain accurate payroll records showing the name, address,
social security number, work classification, straight-time and overtime hours worked each
day and week, and the actual per diem wages paid to each journeyman, apprentice,
worker or other employee employed by it in connection with the Project and agrees to
require that each of its Subcontractors do the same. All payroll records shall be certified
as accurate by the applicable CONTRACTOR or Subcontractor or its agent having
authority over such matters.
CONTRACTOR further agrees that its payroll records and those of its Subcontractors shall
be available to the employee or employee's representative, the Division of Labor
Standards Enforcement, and the Division of Apprenticeship Standards and shall comply
with all of the provisions of Labor Code Section 1776, in general. Penalties for non-
C-CA-021414
CONTRACT NO. Pl-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 12 of 25
Return to Aaenda Report
compliance with the requirements of Section 1776 may be deducted from Project
payments per the requirements of Section 1776.
SECTION— 15 SURETY BONDS
CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds
approved by OCSD's General Counsel—one in the amount of one hundred percent (100%) of
the Contract amount, to guarantee the faithful performance of the Work, and the other in the
amount of one hundred percent (100%)of the Contract amount to guarantee payment of all
claims for labor and materials furnished. As changes to the Contract occur via approved
Change Orders, the CONTRACTOR shall assure that the amounts of the Bonds are adjusted
to maintain 100% of the Contract Price. This Contract shall not become effective until such
Bonds are supplied to and approved by OCSD. Bonds must be issued by a Surety authorized
by the State Insurance Commissioner to do business in California. The Performance Bond
shall remain in full force and effect through the warranty period, as specified in Section 19
below. All Bonds required to be submitted relating to this Contract must comply with
California Code of Civil Procedure Section 995.630. Each Bond shall be executed in the
name of the Surety insurer under penalty of perjury, or the fact of execution of each Bond
shall be duly acknowledged before an officer authorized to take and certify acknowledgments,
and either one of the following conditions shall be satisfied:
A. A copy of the transcript or record of the unrevoked appointment, power of attorney, by-
laws, or other instrument, duly certified by the proper authority and attested by the seal of
the insurer entitling or authorizing the person who executed the Bond to do so for and on
behalf of the insurer, is on file in the Office of the County Clerk of the County of Orange; or
B. A copy of a valid power of attorney is attached to the Bond.
C-CA-021414
CONTRACT NO. P1-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 13 of 25
SECTION — 16 INSURANCE
CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against
claims for injuries to persons, or damages to property which may arise from or in connection
with the performance of the Work hereunder, and the results of that Work by CONTRACTOR,
its agents, representatives, employees, or Subcontractors, in amounts equal to the
requirements set forth below. CONTRACTOR shall not commence Work under this Contract
until all insurance required under this Section is obtained in a form acceptable to OCSD, nor
shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all
insurance required of the Subcontractor has been obtained. CONTRACTOR shall maintain all
of the foregoing insurance coverages in force through the point at which the Work under this
Contract is fully completed and accepted by OCSD pursuant to the provisions of the General
Conditions, "Final Acceptance and Final Completion". Furthermore, CONTRACTOR shall
maintain all of the foregoing insurance coverages in full force and effect throughout the warranty
period, commencing on the date of Final Acceptance. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of OCSD by
CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the
obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for
and maintain in full force and effect during the life of this Contract, inclusive of all changes to the
Contract Documents made in accordance with the provisions of the General Conditions,
"Request for Change (Changes at CONTRACTOR's Request)" and/or"OWNER Initiated
Changes", the following insurance in amounts not less than the amounts specified. OCSD
reserves the right to amend the required limits of insurance commensurate with the
CONTRACTOR's risk at any time during the course of the Project. No vehicles may enter
OCSD Premises/worksite without Possessing the required insurance coverage.
C-CA-021414
CONTRACT NO. Pi-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 14 of 25
Return to Aaende Report
CONTRACTOR's insurance shall also comply with all insurance requirements prescribed by
agencies from whom permits shall be obtained for the Work and any other third parties from
whom third party agreements are necessary to perform the Work (collectively, the "Third
Parties'), The Special Provisions may list such requirements and sample forms and
requirements from such Third Parties may be included in an attachment to the General
Requirements. CONTRACTOR bears the responsibility to discover and comply with all
requirements of Third Parties, including meeting specific insurance requirements, that are
necessary for the complete performance of the Work. To the extent there is a conflict between
the Third Parties' insurance requirements and those set forth by OCSD herein, the
requirement(s) providing the more protective coverage for both OSCD and the Third Parties
shall control and be purchased and maintained by CONTRACTOR.
A. Limits of Insurance
1. General Liability: Five Million Dollars ($5,000,000) per occurrence and a general
aggregate limit of Five Million Dollars ($5,000,000)for bodily injury, personal injury
and property damage. Coverage shall include each of the following:
a. Premises-Operations.
b. Products and Completed Operations, with limits of at least Five Million Dollars
($5,000,000) per occurrence and a general aggregate limit of Five Million
Dollars ($5,000,000)which shall be in effect at all times during the warranty
period set forth in the Warranty section herein, and as set forth in the General
Conditions, "Warranty(CONTRACTOR's Guarantee)", plus any additional
extension or continuation of time to said warranty period that may be required
or authorized by said provisions.
C. Broad Form Property Damage, expressly including damage arising out of
explosion, collapse, or underground damage.
C-CA-021414
CONTRACT NO. P1-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 15 of 25
d. Contractual Liability, expressly including the indemnity provisions assumed
under this Contract.
e. Separation of Insured Clause, providing that coverage applies separately to
each insured, except with respect to the limits of liability.
f. Independent CONTRACTOR's Liability.
To the extent first dollar coverage, including defense of any claim, is not
available to OCSD or any other additional insured because of any SIR,
deductible, or any other form of self insurance, CONTRACTOR is obligated to
assume responsibility of insurer until the deductible, SIR or other condition of
insurer assuming its defense and/or indemnity has been satisfied.
CONTRACTOR shall be responsible to pay any deductible or SIR.
g. If a crane will be used, the General Liability insurance will be endorsed to add
Riggers Liability coverage or its equivalent to cover the usage of the crane and
exposures with regard to the crane operators, riggers and others involved in
using the crane.
h. If divers will be used, the General Liability insurance will be endorsed to cover
marine liability or its equivalent to cover the usage of divers.
2. Automobile Liability: The CONTRACTOR shall maintain a policy of Automobile
Liability Insurance on a comprehensive form covering all owned, non-owned, and
hired automobiles, trucks, and other vehicles providing the following minimum limits
of liability coverage:
Either(1)a combined single limit of Two Million Dollars ($2,000,000) and a general
aggregate limit of Two Million Dollars ($2,000,000)for bodily injury, personal injury
and property damage;
C-CA-021414
CONTRACT NO. Pi-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 16 of 25
Return to Aaende Report
Or alternatively, (2) Two Million Dollars ($2,000,000) per person for bodily injury and
One Million Dollars ($1,000,000) per accident for property damage.
3. Umbrella Excess Liability: The minimum limits of general liability and automobile
liability insurance required, as set forth above, shall be provided for either in a single
policy of primary insurance or a combination of policies of primary and umbrella
excess coverage. Excess liability coverage shall be issued with limits of liability
which, when combined with the primary insurance, will equal the minimum limits for
general liability and automobile liability.
4. Worker's Compensation/Emolover's Liability: CONTRACTOR shall provide such
Worker's Compensation Insurance as required by the Labor Code of the State of
California, including employer's liability with a minimum limit of One Million Dollars
($1,000,000) per accident for bodily injury or disease. If an exposure to Jones Act
liability may exist, the insurance required herein shall include coverage with regard to
Jones Act claims.
Where permitted by law, CONTRACTOR hereby waives all rights of recovery by
subrogation because of deductible clauses, inadequacy of limits of any insurance
policy, limitations or exclusions of coverage, or any other reason against OCSD, its
or their officers, agents, or employees, and any other contractor or subcontractor
performing Work or rendering services on behalf of OCSD in connection with the
planning, development and construction of the Project. In all its insurance coverages
related to the Work, CONTRACTOR shall include clauses providing that each insurer
shall waive all of its rights of recovery by subrogation against OCSD, its or their
officers, agents, or employees, or any other contractor or subcontractor performing
Work or rendering services at the Project. Where permitted by law, CONTRACTOR
C-CA-021414
CONTRACT NO. P1-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 17 of 25
shall require similar written express waivers and insurance clauses from each of its
Subcontractors of every tier. A waiver of subrogation shall be effective as to any
individual or entity, even if such individual or entity (a)would otherwise have a duty
of indemnification, contractual or otherwise, (b)did not pay the insurance premium,
directly or indirectly, and (c)whether or not such individual or entity has an insurable
interest in the property damaged.
5. Limits are Minimums: If CONTRACTOR maintains higher limits than the minimums
shown in this Section, OCSD requires and shall be entitled to coverage for the higher
limits maintained by the CONTRACTOR.
B. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by OCSD. At
the option of OCSD, either: the Insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects OCSD, its Directors, officers, agents, CONSULTANTS, and
employees; or CONTRACTOR shall provide a financial guarantee satisfactory to OCSD
guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
C. Other Insurance Provisions
1. Each such policy of General Liability Insurance and Automobile Liability Insurance
shall be endorsed to contain, the following provisions:
a. OCSD, its Directors, officers, agents, CONSULTANTS, and employees, and all
public agencies from whom permits will be obtained, and their Directors,
officers, agents, and employees are hereby declared to be additional insureds
under the terms of this policy, but only with respect to the operations of
CONTRACTOR at or from any of the sites of OCSD in connection with this
C-CA-021414
CONTRACT NO. Pi-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 18 of 25
Return to Aaende Report
Contract, or acts and omissions of the additional insured in connection with its
general supervision or inspection of said operations related to this Contract.
b. Insurance afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by OCSD shall be excess
only and not contributing with insurance provided under this policy.
2. Each insurance policy required herein shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30)days prior written notice by
certified mail, return receipt requested, and that coverage shall not be cancelled for
non-payment of premium except after ten (10)days prior written notice by certified
mail, return receipt requested. Should there be changes in coverage or an increase
in deductible or SIR amounts, CONTRACTOR undertakes to procure a manuscript
endorsement from its insurer giving 30 days prior notice of such an event to OCSD,
or to have its insurance broker/agent send to OCSD a certified letter describing the
changes in coverage and any increase in deductible or SIR amounts. The certified
letter must be sent Attention: Risk Management and shall be received not less than
twenty (20) days prior to the effective date of the change(s). The letter must be
signed by a Director or Officer of the broker/agent and must be on company
letterhead, and may be sent via e-mail in pdf format.
3. Coverage shall not extend to any indemnity coverage for the active negligence of
any additional insured in any case where an agreement to indemnify the additional
insured would be invalid under California Civil Code Section 2782(b).
4. If required by a public agency from whom permit(s)will be obtained, each policy of
General Liability Insurance and Automobile Liability Insurance shall be endorsed to
specify by name the public agency and its legislative members, officers, agents,
CONSULTANTS, and employees, to be additional insureds.
C-CA-021414
CONTRACT NO. P1-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 19 of 25
D. Acceptability of Insurers
Insurers must have an "A-", or better, Policyholder's Rating, and a Financial Rating of at
least Class Vill, or better, in accordance with the most current A.M. Best Rating Guide.
OCSD recognizes that State Compensation Insurance Fund has withdrawn from
participation in the A.M. Best Rating Guide process. Nevertheless, OCSD will accept
State Compensation Insurance Fund for the required policy of worker's compensation
insurance, subject to OCSD's option, at any time during the term of this Contract, to
require a change in insurer upon twenty (20)days written notice. Further, OCSD will
require CONTRACTOR to substitute any insurer whose rating drops below the levels
herein specified. Said substitution shall occur within twenty (20)days of written notice to
CONTRACTOR by OCSD or its agent.
E. Verification of Coverage
CONTRACTOR shall furnish OCSD with original certificates and mandatory endorsements
affecting coverage. Said policies and endorsements shall conform to the requirements
herein stated. All certificates and endorsements are to be received and approved by
OCSD before Work commences. OCSD reserves the right to require complete, certified
copies of all required insurance policies, including endorsements, affecting the coverage
required by these Specifications at any time.
F. Subcontractors
CONTRACTOR shall be responsible to establish insurance requirements for any
Subcontractors hired by CONTRACTOR. The insurance shall be in amounts and types
reasonably sufficient to deal with the risk of loss involving the Subcontractor's operations
and work. OCSD and any public agency issuing permits for the Project must be named as
"Additional Insured"on any General Liability or Automobile Liability policy obtained by a
Subcontractor. The CONTRACTOR must obtain copies and maintain current versions of
C-CA-021414
CONTRACT NO. Pi-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 20 of 25
Return to Aaenda Report
all Subcontractors' policies, Certificate of Liability and mandatory endorsements effecting
coverage. Upon request, CONTRACTOR must furnish OCSD with the above referenced
required documents.
G. Required Forms and Endorsements
1. Required ACORD Form
a. Certificate of Liability Form 25-S (7/97)
2. Required Insurance Services Office, Inc. Endorsements (when alternative forms are
shown, they are listed in order of preference)
In the event any of the following forms are cancelled by Insurance Services Office,
Inc. (ISO), or are updated, the ISO replacement form or equivalent must be supplied.
a. Commercial General Liability Form CG-0001 10 01
b. Additional Insured Including Form CG-2010 10 01 and
Products-Completed Operations Form CG-2037 10 01
C. Waiver of Transfer of Rights of Form CG-2404 11 85; or
Recovery Against Others to Us/ Form CG-2404 10 93
Waiver of Subrogation
3. Required State Compensation Insurance Fund Endorsements
a. Waiver of Subrogation Endorsement No. 2570
b. Cancellation Notice Endorsement No. 2065
4. Additional Required Endorsements
a. Notice of Policy Termination Manuscript Endorsement
SECTION-17 RISK AND INDEMNIFICATION
All Work covered by this Contract done at the site of construction or in preparing or delivering
materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save,
C-CA-021414
CONTRACT NO. P1-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 21 of 25
indemnify, defend, and keep OCSD and others harmless as more specifically set forth in
General Conditions, "General Indemnification".
SECTION-18 TERMINATION
This Contract may be terminated in whole or in part in writing by OCSD in the event of
substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may
be terminated by OCSD for its convenience provided that such termination is effectuated in a
manner and upon such conditions set forth more particularly in General Conditions,
"Termination for Default" and/or"Termination for Convenience", provided that no termination
may be effected unless proper notice is provided to CONTRACTOR at the time and in the
manner provided in said General Conditions. If termination for default or convenience is
effected by OCSD, an equitable adjustment in the price provided for in this Contract Shall be
made at the time and in the manner provided in the General Conditions, "Termination for
Default" and "Termination for Convenience".
SECTION—19 WARRANTY
The CONTRACTOR agrees to perform all Work under this Contract in accordance with the
Contract Documents, including OCSD's designs, Drawings and Specifications.
The CONTRACTOR guarantees for a period of at least one (1) year from the date of Final
Acceptance of the Work, pursuant to the General Conditions, "Final Acceptance and Final
Completion' that the completed Work is free from all defects due to faulty materials, equipment
or workmanship and that it shall promptly make whatever adjustments or corrections which may
be necessary to cure any defects, including repairs of any damage to other parts of the system
resulting from such defects. OCSD shall promptly give notice to the CONTRACTOR of
observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs,
corrections or other work made necessary by such defects, OCSD may do so and charge the
CONTRACTOR the cost incurred. The CONTRACTOR's warranty shall continue as to any
C-CA-021414
CONTRACT NO. Pi-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 22 of 25
Return to Aaende Report
corrected deficiency until the later of(1)the remainder of the original one-year warranty period;
or(2)one year after acceptance by OCSD of the corrected Work. The Performance Bond and
the Payment Bond shall remain in full force and effect through the guarantee period.
The CONTRACTOR's obligations under this clause are in addition to the CONTRACTOR's
other express or implied assurances under this Contract, including but not limited to specific
manufacturer or other extended warranties specified in the Plans and Specifications, or state
law and in no way diminish any other rights that OCSD may have against the CONTRACTOR
for faulty materials, equipment or Work.
SECTION-20 ASSIGNMENT
No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be
received hereunder, will be recognized by OCSD unless such assignment has had prior written
approval and consent of OCSD and the Surety.
SECTION—21 RESOLUTION OF DISPUTES
OCSD and the CONTRACTOR shall comply with the provisions of California Public Contract
Code Section 20104 at. seq., regarding resolution of construction claims for any Claims which
arise between the CONTRACTOR and OCSD, as well as all applicable dispute and Claims
provisions as set forth in the General Conditions and as otherwise required by law.
SECTION—22 SAFETY & HEALTH
CONTRACTOR shall comply with all applicable safely and health requirements mandated by
federal, state, city and/or public agency codes, permits, ordinances, regulations, and laws, as
well as these Contract Documents, including but not limited to the General Requirements,
Section entitled "Safety" and Exhibit B OCSD Safety Standards.
C-CA-021414
CONTRACT NO. P1-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 23 of 25
SECTION-23 NOTICES
Any notice required or permitted under this Contract may be given by ordinary mail at the
address set forth below. Any party whose address changes shall notify the other party in
writing.
TO OCSD: Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, California 92708-7018
Attn: Clerk of the Board
Copy to: Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, California 92708-7018
Attn: Construction Manager
Bradley R. Hogin, Esquire
Woodruff, Spradlin &Smart
555 Anton Boulevard
Suite 1200
Costa Mesa, California 92626
TO CONTRACTOR: W.M. Lyles Company
1250 West Olive Avenue
Fresno, CA 93728
Copy to: Robert P. Saleen, Vice President
W.M. Lyles Company
1250 West Olive Avenue
Fresno, CA 93728
C-CA-021414
CONTRACT NO. Pi-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 24 of 25
Return to Aaende Report
IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: W.M. Lyles Company
1250 West Olive Avenue
Fresno, CA 93723
By
Printed Name
Its
CONTRACTOR's State License No. 422390 (Expiration Date—5/31/2014)
OCSD: Orange County Sanitation District
By
Chair, Board of Directors
By
Maria Ayala
Clerk of the Board
By
Marc Dubois
Contracts, Purchasing and Materials
Management Division Manager
C-CA-021414
CONTRACT NO. P1-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 25 of 25
EXHIBIT A
SCHEDULE OF PRICES
C-EXA-071012
Return to Aaenda Report
TABLE OF CONTENTS
EXHIBIT A
SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION ..............................................................................1
EXA-2 PROGRESS PAYMENTS....................................................................................1
EXA-3 RETENTION AND ESCROW ACCOUNTS .........................................................1
EXA-4 STOP PAYMENT NOTICE ..................................................................................3
EXA-5 PAYMENT TO SUBCONTRACTORS..................................................................3
EXA-6 PAYMENT OF TAXES.........................................................................................3
EXA-7 FINAL PAYMENT ................................................................................................4
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT.....5
ATTACHMENT 1 CERTIFICATION FOR REQUEST FOR PAYMENT........................7
ATTACHMENT 2 SCHEDULE OF PRICES ...........................................................8
C-EXA-071012
EXHIBIT A
SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION
CONTRACTOR will be paid the Contract Price according to the Schedule of
Prices, and all other applicable terms and conditions of the Contract
Documents.
EXA-2 PROGRESS PAYMENTS
Progress payments will be made in accordance with all applicable terms and
conditions of the Contract Documents, including, but not limited to:
1. Contract Agreement—Section 11 —"Contract Price and Method of
Payment;"
2. General Conditions—"Payment—General";
3. General Conditions—"Payment—Applications for Payment";
4. General Conditions—"Payment— Mobilization Payment Requirements;"
5. General Conditions—"Payment— Itemized Breakdown of Contract Lump
Sum Prices";
6. General Conditions—"Contract Price Adjustments and Payments";
7. General Conditions—"Suspension of Payments";
8. General Conditions—"OCSD's Right to Withhold Certain Amounts and
Make Application Thereof"; and
9. General Conditions—"Final Payment."
EXA-3 RETENTION AND ESCROW ACCOUNTS
A. Retention:
OCSD shall retain a percentage of each progress payment to assure
satisfactory completion of the Work. The amount to be retained from each
progress payment shall be determined as provided in General Conditions—
"Retained Funds; Substitution of Securities". In all contracts between
CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not
exceed the percentage specified in the Contract Documents.
C-EXA-071012
CONTRACT NO.P1-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 1 of 8
Return to Aaenda Report
B. Substitution of Securities:
CONTRACTOR may, at its sole expense, substitute securities as provided in
General Conditions—"Retained Funds; Substitution of Securities." Payment of
Escrow Agent:
In lieu of substitution of securities as provided above, the CONTRACTOR may
request and OCSD shall make payment of retention earned directly to the
escrow agent at the expense of the CONTRACTOR. At the expense of the
CONTRACTOR, the CONTRACTOR may direct the investment of the
payments into securities consistent with Government Code §16430 and the
CONTRACTOR shall receive the interest earned on the investments upon the
same terms provided for in this article for securities deposited by the
CONTRACTOR. Upon satisfactory completion of the Contract, the
CONTRACTOR shall receive from the escrow agent all securities, interest and
payments received by the escrow agent from OCSD, pursuant to the terms of
this article. The CONTRACTOR shall pay to each Subcontractor, not later than
twenty (20)calendar days after receipt of the payment, the respective amount
of interest earned, net of costs attributed to retention withheld from each
Subcontractor, on the amount of retention withheld to ensure the performance
of the Subcontractor. The escrow agreement used by the escrow agent
pursuant to this article shall be substantially similar to the form set forth in
§22300 of the California Public Contract Code.
C. Release of Retention:
Upon Final Acceptance of the Work, the CONTRACTOR shall submit an
invoice for release of retention in accordance with the terms of the Contract.
D. Additional Deductibles:
In addition to the retentions described above, OCSD may deduct from each
progress payment any or all of the following:
1. Liquidated Damages that have occurred as of the date of the application for
progress payment;
2. Deductions from previous progress payments already paid, due to OCSD's
discovery of deficiencies in the Work or non-compliance with the
Specifications or any other requirement of the Contract;
3. Sums expended by OCSD in performing any of the CONTRACTOR'S
obligations under the Contract that the CONTRACTOR has failed to
perform, and;
4. Other sums that OCSD is entitled to recover from the CONTRACTOR
under the terms of the Contract, including without limitation insurance
deductibles and assessments.
C-EXA-071012
CONTRACT NO. P1-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 2 of 8
The failure of OCSD to deduct any of the above-identified sums from a
progress payment shall not constitute a waiver of OCSD's right to such sums or
to deduct them from a later progress payment.
EXA-4 STOP PAYMENT NOTICE
In addition to other amounts properly withheld under this article or under other
provisions of the Contract, OCSD shall retain from progress payments
otherwise due the CONTRACTOR an amount equal to one hundred twenty-five
percent (125%)of the amount claimed under any stop payment notice under
Civil Code§9350 at. seq. or other lien filed against the CONTRACTOR for
labor, materials, supplies, equipment, and any other thing of value claimed to
have been furnished to and/or incorporated into the Work; or for any other
alleged contribution thereto. In addition to the foregoing and in accordance with
Civil Code§9358 OCSD may also satisfy its duty to withhold funds for stop
payment notices by refusing to release funds held in escrow pursuant to public
receipt of a release of stop payment notice executed by a stop payment notice
claimant, a slop payment notice release bond, an order of a court of competent
jurisdiction, or other evidence satisfactory to OCSD that the CONTRACTOR
has resolved such claim by settlement.
EXA-5 PAYMENT TO SUBCONTRACTORS
Requirements
1. The CONTRACTOR shall pay all Subcontractors for and on account of
Work performed by such Subcontractors, not later than seven (7) days after
receipt of each progress payment as required by the California Business
and Professions Code §7108.5. Such payments to Subcontractors shall be
based on the measurements and estimates made pursuant to article
progress payments provided herein.
2. Except as specifically provided by law, the CONTRACTOR shall pay all
Subcontractors any and all retention due and owing for and on account of
Work performed by such Subcontractors not later than seven (7)days after
CONTRACTOR'S receipt of said retention proceeds from OCSD as
required by the California Public Contract Code§7107.
EXA-5 PAYMENT OF TAXES
Unless otherwise specifically provided in this Contract, the Contract Price
includes full compensation to the CONTRACTOR for all taxes. The
CONTRACTOR shall pay all federal, state, and local taxes, and duties
applicable to and assessable against any Work, including but not limited to
retail sales and use, transportation, export, import, business, and special taxes.
The CONTRACTOR shall ascertain and pay the taxes when due. The
CONTRACTOR will maintain auditable records, subject to OCSD reviews,
confirming that tax payments are current at all times.
C-EXA-071012
CONTRACT NO.P1-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 3 of 8
Return to Aaenda Report
EXA-7 FINAL PAYMENT
After Final Acceptance of the Work, as more particularly set forth in the
General Conditions, "Final Acceptance and Final Completion", and after
Resolution of the Board authorizing final payment and satisfaction of the
requirements as more particularly set forth in General Conditions—"Final
Payment", a final payment will be made as follows:
1. Prior to Final Acceptance, the CONTRACTOR shall prepare and submit an
application for Final Payment to OCSD, including:
a. The proposed total amount due the CONTRACTOR, segregated by
items on the payment schedule, amendments, Change Orders, and
other bases for payment;
b. Deductions for prior progress payments;
c. Amounts retained;
d. A conditional waiver and release on final payment for each
Subcontractor(per Civil Code Section 8136);
e. A conditional waiver and release on final payment on behalf of the
CONTRACTOR (per Civil Code Section 8136);
f. List of Claims the CONTRACTOR intends to file at that time or a
statement that no Claims will be filed,
g. List of pending unsettled claims, stating claimed amounts, and copies of
any and all complaints and/or demands for arbitration received by the
CONTRACTOR; and
h. For each and every claim that resulted in litigation or arbitration which
the CONTRACTOR has settled, a conformed copy of the Request for
Dismissal with prejudice or other satisfactory evidence the arbitration is
resolved.
2. The application for Final Payment shall include complete and legally
effective releases or waivers of liens and stop payment notices satisfactory
to OCSD, arising out of or fled in connection with the Work. Prior progress
payments shall be subject to correction in OCSD's review of the application
for Final Payment. Claims filed with the application for Final Payment must
be otherwise timely under the Contract and applicable law.
3. Within a reasonable time, OCSD will review the CONTRACTOR'S
application for Final Payment. Any recommended changes or corrections
will then be forwarded to the CONTRACTOR. Within ten (10) calendar days
after receipt of recommended changes from OCSD, the CONTRACTOR will
make the changes, or list Claims that will be filed as a result of the
changes, and shall submit the revised application for Final Payment. Upon
C-EXA-071012
CONTRACT NO. P1-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 4 of 8
acceptance by OCSD, the revised application for Final Payment will
become the approved application for Final Payment.
4. If no Claims have been fled with the initial or any revised application for
Final Payment, and no Claims remain unsettled within thirty (30) calendar
days after Final Acceptance of the Work by OCSD, and agreements are
reached on all issues regarding the application for Final Payment, OCSD,
in exchange for an executed release, satisfactory in form and substance to
OCSD, will pay the entire sum found due on the approved application for
Final Payment, including the amount, if any, allowed on settled Claims.
5. The release from the CONTRACTOR shall be from any and all Claims
arising under the Contract, except for Claims that with the concurrence of
OCSD are specifically reserved, and shall release and waive all unreserved
Claims against OCSD and its officers, directors, employees and authorized
representatives. The release shall be accompanied by a certification by the
CONTRACTOR that:
a. It has resolved all Subcontractors, Suppliers and other Claims that are
related to the settled Claims included in the Final Payment;
b. It has no reason to believe that any party has a valid claim against the
CONTRACTOR or OCSD which has not been communicated in writing
by the CONTRACTOR to OCSD as of the date of the certificate;
c. All warranties are in full force and effect, and;
d. The releases and the warranties shall survive Final Payment.
6. If any claims remain open, OCSD may make Final Payment subject to
resolution of those claims. OCSD may withhold from the Final Payment an
amount not to exceed one hundred fifty percent (150%)of the sum of the
amounts of the open claims, and one hundred twenty-five percent (125%)
of the amounts of open stop payment notices referred to in article entitled
stop payment notices herein.
7. The CONTRACTOR shall provide an unconditional waiver and release on
final payment from each Subcontractor and Supplier providing Work under
the Contract(per Civil Code Section 8138) and an unconditional waiver and
release on final payment on behalf of the CONTRACTOR (per Civil Code
Section 8138)within thirty (30)days of receipt of Final Payment.
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT
Notwithstanding OCSD's acceptance of the application for Final Payment and
irrespective of whether it is before or after Final Payment has been made,
OCSD shall not be precluded from subsequently showing that:
1. The true and correct amount payable for the Work is different from that
previously accepted;
C-EXA-071012
CONTRACT NO.P1-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 5 of 8
Return to Aaentle Report
2. The previously-accepted Work did not in fact conform to the Contract
requirements, or;
3. A previous payment or portion thereof for Work was improperly made.
OCSD also shall not be stopped from demanding and recovering damages
from the CONTRACTOR, as appropriate, under any of the foregoing
circumstances as permitted under the Contract or applicable law.
C-EXA-071012
CONTRACT NO. P1-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 6 of 8
ATTACHMENTI
CERTIFICATION FOR REQUEST FOR PAYMENT
I hereby certify under penalty of perjury as follows:
That the claim for payment is in all respects true, correct; that the services mentioned
herein were actually rendered and/or supplies delivered to OCSD in accordance with the
Contract.
I understand that it is a violation of both the federal and California False Claims Ads to
knowingly present or cause to be presented to OCSD a false claim for payment or
approval.
A claim includes a demand or request for money. It is also a violation of the False
Claims Ads to knowingly make use of a false record or statement to get a false claim
paid. The term "knowingly" includes either actual knowledge of the information,
deliberate ignorance of the truth or falsity of the information, or reckless disregard for the
truth or falsity of the information. Proof of specific intent to defraud is not necessary
under the False Claims Acts. I understand that the penalties under the Federal False
Claims Act and State of California False Claims Act are non-exclusive, and are in
addition to any other remedies which OCSD may have either under contract or law.
I hereby further certify, to the best of my knowledge and belief, that:
1. The amounts requested are only for performance in accordance with the
Specifications, terms, and conditions of the Contract;
2. Payments to Subcontractors and Suppliers have been made from previous payments
received under the Contract, and timely payments will be made from the proceeds of
the payment covered by this certification;
3. This request for progress payments does not include any amounts which the prime
CONTRACTOR intends to withhold or retain from a Subcontractor or Supplier in
accordance with the terms and conditions of the subcontract; and
4. This certification is not to be construed as Final Acceptance of a Subcontractor's
performance.
Name
Title
Date
C-EXA-071012
CONTRACT NO.P1-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 7 of 8
Return to Mende Report
ATTACHMENT
SCHEDULE OF PRICES
See next pages from the Bid Submittal Forms (W.M. Lyles Co.):
BF-14 Schedule of Prices, Pages 1-2
C-EXA-071012
CONTRACT NO. P1-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
CONFORMED
Page 8 of 8
Bid Subrnitted By: W.M. Lyles Co.
(Name of Firm)
BF-14 SCHEDULE OF PRICES
INSTRUCTIONS
A. General
For Unit Prices,it is understood that the following quantities are approximate only and are
solely for the purpose of estimating the comparison of Bids,and that the actual value of Work
will be computed based upon the actual quantities in the completed Work,whether they be
more or less than those shown. CONTRACTOR's compensation for the Work under the
Contract Documents will be computed based upon the lump sum amount of the Contract at
time of award, plus any additional or deleted costs approved by OCSD via approved Change
Orders,pursuant to the Contract Documents.
Bidder shall separately price and accurately reflect costs associated with each line item,
leaving no blanks. Any and all modifications to the Bid must be Initialed by an authorized
representative of the Bidder in accordance with the Instructions to Bidders, Preparation of Bid.
Bidders are reminded of Instruction to Bidders, Discrepancy in Bid Items,which,in summary,
provides that the total price for each item shall be based on the Unit Price listed for each item
multiplied by the quantity;and the correct Total Price for each item shall be totaled to
determine the Total Amount of Bid.
All applicable costs including overhead and profit shall be reflected in the respective unit costs
and the TOTAL AMOUNT OF BID. The Bid price shall include all costs to complete the Work.
including Profit.overhead,etc., unless otherwise specified in the Contract Documents. All
applicable sales taxes.slate and/or federal.and any other special taxes.patent rights or
royalties shall be included in the Prices quoted in this Bid.
B. Basis of Award
AWARD OF THE CONTRACT WILL BE MADE ON THE BASIS OF THE LOWEST
RESPONSIVE AND RESPONSIBLE BID. THE LOWEST BID IS DEFINED AS THE"TOTAL
AMOUNT OF BID"LISTED IN THIS BID, UNLESS OTHERWISE SPECIFIED BELOW.
Note 1: Base Bid. Includes all costs necessary to furnish all labor,materials,equipment and
services for the construction of the Project per the Contract Documents.
SF-14 SCHEDULE OF PRICES C-BF-031014
CONTRACT NO.Pl-102A
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION
Page 1 of 2
Return to Aaenda Report e
Bid submitted By: W.Ivf. Lyles Co.
(Name of Firm)
EXHIBIT A
SCHEDULE OF PRICES
BASE BID ITEMS(Refer to Note 1 in the Instructions):
Item Description Unitof Approx Unit Price Extended Price
No. Measurement city
1. Mobilization:
Mobilization in conformance with the Contract Documents for the lump sum Lump Sum 1 = $ 25r000 . 00
price of... (Not in excess of 10 percent of the Total Contract Price)
2. All Other Portions of the Work except for the Work of Items No. 1
and 3:
Fumish all labor,equipment and materials necessary to complete all other Lump Sum 1 = $ 1-33, qD8
portions of the Work,except for the Work specified in Items No. 1 and 3, in
conformance with the Contract Documents for a lump sum price of...
3. Demobilization:
Demobilization shall include but not be limited to the acceptance of Work by
OCSD,completion of all items on final punch list,final cleanup and Lump Sum 1 = $ 15, ODD . 00
processing of final progress payment requests, in conformance with the
Contract Documents for a lump sum price of... (Not less than 5 percent of
the Total Contract Price)
TOTAL AMOUNT OF BID (BASIS OF AWARD) s 273 t qVS. 00
BF-14 SCHEDULE OF PRICES C-BF-031014.
CONTRACT NO.P1-102A .-
ACTIVATED SLUDGE FACILITY 2 AERATION BASIN EFFLUENT SPUTTER BOX MODIFICATION '
Page 2of2 MOH
BOARD OF DIRECTORS Neetlng Dare I TOBA./f Dir.
- os/zs/i4
AGENDA REPORT Item Number Item Number
s
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: AUTHORIZING APPLICATION TO BUREAU OF RECLAMATION FOR
THE WATERSMART TITLE XVI WATER RECLAMATION AND REUSE
FEASIBILITY STUDIES GRANT PROGRAM
GENERAL MANAGER'S RECOMMENDATION
Adopt Resolution No. OCSD 14-05, entitled "A Resolution of the Board of Directors of
the Orange County Sanitation District approving and authorizing the application for the
Watersmart Title XVI Water Grand Funds and the Execution of Grant Documents with
the United Stated Department of the Interior, Bureau of Reclamation', authorizing
financial and legal commitment of funding agreement and related documents for funding
under the U.S. Bureau of Reclamation, Water 2025, and directing staff to apply for a
grant up to $450,000 for the Effluent Reuse Study, Project No. SP-173.
SUMMARY
Staff has identified a grant through the U.S. Bureau of Reclamation, known as
WaterSMART Title XVI Water Reclamation & Reuse Program that may be used for
Orange County Sanitation District (OCSD) Project SP-173 (Effluent Reuse Study). The
purpose of the grant is to fund projects that focus on identifying and investigating
opportunities to reclaim and reuse wastewater and naturally impaired ground and
surface water in the 17 Western States and Hawaii.
Project SP-173 will evaluate the opportunities available to OCSD for recycling all of its
effluent and has a budget of $2,800,000. The Board of Directors approved a new five-
year Strategic Plan in November 2013 that identified future water recycling as a
strategic goal. California's current drought has made evaluating water recycling
opportunities crucial for the sustainability of the state's water resources.
The attached resolution (required by the U.S. Bureau of Reclamation) authorizes staff to
move forward with the application and formalizes our understanding of the grant
requirements. The requirements of this grant are not significantly different from other
grants received by OCSD, so the cost impact would be minimal.
PRIOR COMMITTEE/BOARD ACTIONS
None
Page 1 of 2
ADDITIONAL INFORMATION
N/A
CEQA
N/A
BUDGET/PURCHASING ORDINANCE COMPLIANCE
N/A
ATTACHMENT
The following attachment is attached in hard copy and may be viewed on-line at the OCSD website
(www.ocsd.coml with the complete agenda package:
Draft Resolution No. OCSD 14-05
JDH:RT:KM:sa
Page 2 of 2
Return to Mende Report
RESOLUTION NO. OCSD 14-05
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE
COUNTY SANITATION DISTRICT APPROVING AND AUTHORIZING
THE APPLICATION FOR THE WATERSMART TITLE XVI WATER
RECLAMATION AND REUSE FEASIBILITY STUDIES PROGRAM
GRANT FUNDS AND THE EXECUTION OF GRANT DOCUMENTS WITH
THE UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF
RECLAMATION.
WHEREAS, The Board of Directors approved a five year Strategic Plan in
November 2013 establishing future water recycling as a strategic goal; and
WHEREAS, in furtherance of the Strategic Plan, the District is conducting an
Effluent Reuse Study (SP-173) to assess the feasibility of water recycling at Plant 2 and
to evaluate options to improve the region's local water supply reliability by substituting
recycled water for existing potable water demands; and
WHEREAS, the U.S. Department of the Interior, Bureau of Reclamation, has
announced grant funding through a program entitled "WaterSMART: Title XVI — Water
Reclamation & Reuse Program" ("Grant") established under Title XVI of Public Law No.
102-575 to assist in identifying and investigating opportunities to reclaim and reuse
wastewater and promote the availability of new sources of clean water while promoting
water and energy efficiency and environmental stewardship; and
WHEREAS, this resolution certifies the Board of Directors' approval of the
District's application for grant funding for the Grant.
NOW, THEREFORE, the Board of Directors of Orange County Sanitation District
DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1: The Board of Directors hereby approves the District's application for
a Grant in the amount of $450,000 to the United States Department of the Interior,
Bureau of Reclamation, for Fiscal Year 2013-2014 to support SP-173, support water
reclamation and reuse, and promote water efficiency, sustainable water management,
and environmental stewardship.
Section 2: The Board of Directors authorizes the General Manager or his
designee to submit an application for the Grant and to negotiate and execute any
documents related to this Grant, including a grant application and cooperative
agreement, to accept financial assistance from the U.S. Department of the Interior,
Bureau of Reclamation.
Section 3. If the application for the Grant is approved, the District has the
capability to provide matching grant funds and/or in-kind contributions specified in the
grant requirements.
OCSD14-05-01
Return to Mende Report
Section 4. The District will work with the U.S. Department of the Interior,
Bureau of Reclamation, to meet established deadlines for entering into a cooperative
agreement.
PASSED AND ADOPTED at a regular meeting held May 28, 2014.
Troy Edgar
Chairman of the Board
ATTEST:
Maria E. Ayala
Clerk of the Board
OCSD14-05-02
ITEM NO. 6
MINUTES OF THE
OPERATIONS COMMITTEE
Engineering, Operations & Maintenance, and Facilities Support Services
Orange County Sanitation District
A regular meeting of the Operations Committee of the Orange County Sanitation District
was held on May 7, 2014, at 5:05 p.m. at the District's Administrative Office. Vice Chair
Murdock led the Flag Salute.
A quorum was declared present, as follows:
Operations Directors Present: Staff Present:
John Nielsen, Chair Jim Herberg, General Manager
Brett Murdock, Vice-Chair Bob Ghirelli, Assistant General Manager
Keith Curry Rob Thompson, Director of Engineering
Steve Jones Nick Arhontes, Director of Facilities Support
Lucille Kring Services
Michael Levitt Ed Torres, Director of Operations & Maintenance
Steve Nagel Lorenzo Tyner, Director of Finance &
Greg Sebourn Administrative Services
David Shawver Jeff Reed, Director of Human Resources
Fred Smith Kelly Lore, Secretary Pro Tern
Constance Underhill (Alternate) Jennifer Cabral
Troy Edgar, Board Chair Jim Colston
Tom Beamish, Board Vice-Chair Mark Esquer
Dean Fisher
Norbert Gala
Operations Directors Absent: At Garcia
Kathy Millea
Mike Puccio
Others Present:
Brad Hogin, General Counsel
Bob Ooten (Alternate Director)
PUBLIC COMMENTS:
No public comments.
REPORT OF COMMITTEE CHAIR:
Committee Chair, John Nielsen did not provide a report.
05/07/2014 Opeations Committee Minutes Page 1 of 7
REPORT OF GENERAL MANAGER
General Manager, Jim Herberg reminded the Committee of the State of the District
Breakfast celebrating the District's 60th anniversary being held on May 21, 2014 from
8:30 a.m. — 10:30 a.m. at Mile Square Park.
CONSENT CALENDAR:
1. MOVED, SECONDED, and DULY CARRIED: Approve Minutes of April 2, 2014,
Operations Committee meeting.
AYES: Edgar, Beamish, Curry, Kring, Levitt, Murdock, Nagel,
Nielsen, Seboum, Shawver, F. Smith and Underhill
(Alternate)
NOES: None
ABSTENTIONS: None
ABSENT: None
3. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of
Directors to:
A. Terminate the agreement of May 1, 2007, between OCSD and SCCWRP,
which provided use of OCSD laboratory facilities; and
B. Direct the General Manager of OCSD to notify the Executive Director of
SCCWRP of the decision to terminate this agreement effective three
months from the date of the notice.
AYES: Edgar, Beamish, Curry, Kring, Levitt, Murdock, Nagel,
Nielsen, Seboum, Shawver, F. Smith and Underhill
(Alternate)
NOES: None
ABSTENTIONS: None
ABSENT: None
05/07/14 Operations CommRtee Minutes Page 2 of 7
4. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of
Directors to:
A. Approve Change Order No. 2 to Purchase Order 104627-OB to Olin Chlor
Alkali Products, for the Purchase of sodium hypochlorite, Specification No.
C-2012-536 authorizing a unit price increase of $0.05 per gallon for a new
total unit price of$0.489/gallon delivered, plus applicable sales tax, for the
period beginning September 1, 2014 through August 31, 2015, and for all
subsequent contract renewal periods; and
B. Approve a 10% annual unit price contingency.
AYES: Edgar, Beamish, Curry, Kring, Levitt, Murdock, Nagel,
Nielsen, Seboum, Shawver, F. Smith and Underhill
(Alternate)
NOES: None
ABSTENTIONS: None
ABSENT: None
5. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of
Directors to:
A. Award a Contract to Polydyne Inc. for the purchase of Cationic Polymer,
Specification No. C-2013-59113D, for a unit price of $2.425 per active
pound delivered for Solution Polymer (WE-192) plus applicable sales tax,
and $2.225 per active pound delivered for Mannich Polymer (C-331) plus
applicable sales tax, and $2.929 per active pound delivered for Emulsion
Polymer (WE-1233) plus applicable sales tax, and $2.643 per active
pound delivered for Emulsion Polymer (WE-1328) plus applicable sales
tax, for a total estimated amount of $1,650,100 for the period July 1, 2014
through June 30, 2015, with four one-year renewal options; and
B. Approve a 10% annual unit price contingency.
AYES: Edgar, Beamish, Curry, Kring, Levitt, Murdock, Nagel,
Nielsen, Seboum, Shawver, F. Smith and Underhill
(Alternate)
NOES: None
ABSTENTIONS: None
ABSENT: None
0507 14 Opeations Committee Minutes Page 3 of 7
6. MOVED, SECONDED, and DULY CARRIED: Approve sole sourcing with MH3
Corporation to qualify and quantify certain odorants to complete the Odor Control
Master Plan's characterization work, for a total amount not to exceed $99,500.
AYES: Edgar, Beamish, Curry, Kring, Levitt, Murdock, Nagel,
Nielsen, Seboum, Shawver, F. Smith and Underhill
(Alternate)
NOES: None
ABSTENTIONS: None
ABSENT: None
2. ITEM PULLED AND HEARD SEPARATELY
Director Shawver requested additional information regarding this item. Director of
Engineering, Rob Thompson gave a brief presentation and answered questions
from the Committee regarding the benefits of this service.
MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of
Directors to:
Approve a three-year Memorandum of Understanding with California State
University, Fullerton Auxiliary Services Corporation for Operation of the Center
for Demographic Research, for the period July 1, 2014 through June 30, 2017,
for a total amount not to exceed $239,344.
AYES: Edgar, Beamish, Curry, Kring, Levitt, Murdock, Nagel,
Nielsen, Seboum, Shawver, F. Smith and Underhill
(Alternate)
NOES: None
ABSTENTIONS: None
ABSENT: None
05/07/14 Operations CommRtee Minutes Page 4 of 7
NON-CONSENT:
Rob Thompson, Director of Engineering, gave a brief presentation of the item.
7. MOVED, SECONDED AND DULY CARRIED: Recommend to the Board of
Directors to:
A. Approve Amendment No. 6 to the Professional Design Services
Agreement with TetraTech, Inc., providing for additional engineering
services for Gisler-Redhill System Improvements, Reach B, Contract No.
7-37, for an additional amount of$416,000 increasing the total amount not
to exceed $1,475,479; and
B. Approve a contingency increase for an additional amount of$73,774 (5%).
AYES: Edgar, Beamish, Curry, Kring, Levitt, Murdock, Nagel,
Nielsen, Seboum, Shawver, F. Smith and Underhill
(Alternate)
NOES: None
ABSTENTIONS: None
ABSENT: None
INFORMATION ITEMS:
8. Warehousing of Critical Programmable Logic Controllers
Director of Operations & Maintenance, Ed Torres provided a short presentation
regarding this item. He stated that these critical devices are used throughout the
facilities to control and monitor treatment systems, pumps, valves etc. The
manufacturer announced an end of life date for the units and therefore OCSD
must purchase and warehouse 20 controllers until an alternative can be found.
9. Post March 28, 2014 Earthquake Activities:
Director of Finance and Administrative Services, Lorenzo Tyner reported on the
District's Incident Command System (ICS); the principles and goals of the
Integrated Emergency Response Plan (IERP) and earthquake response
activities, including collection and operations inspections. He further went over
the steps for inspection and stated that staff is finalizing a post-earthquake
response checklist.
05/07/14 Operations CommRtee Minutes Page 5 of 7
10. Reserves, Investments and Financial Management Policies
Mr. Tyner presented an informational PowerPoint Presentation regarding: four
major categories of revenues; user fees; debt issuances; operating contingency
fees; seven major criteria for reserves and funds management. He stated that
two RFP's would soon be released to select an Investment Advisor and an
Investment Manager. Once selected, the Investment Advisor will assist the
District in the selection of the Investment Manager. He clarified that the Advisor
and the Manager could not be the same firm.
11. Quarterly Odor Complaint Report
Ed Torres gave a brief update on the odor complaints during the third quarter of
FY 2013/14, reporting that Plant No. 1 had no complaints and Plant No. 2 had
only six complaints. Mr. Torres answered questions from the Committee on the
cost of odor control. He was referred back to Item 6, to which Mr. Torres
reported that the item refers to a contract to qualify and quantify certain specific
odorants, not the cost to control the odor itself.
DEPARTMENT HEAD REPORT:
Director of Engineering, Rob Thompson reported that Dean Fisher has been transferred
laterally from the Project Management Office to Engineering Construction. He also
introduced Kathy Millea and Mike Puccio who have been promoted to Engineering
Managers.
He also reported that sewage was introduced into the SARI line; testing remains to be
completed.
He notified the Committee that an item would be presented at the next Board meeting
regarding modifications that are needed in the new Activated Sludge Facility 2 (AS2) at
Plant No. 1 as part Secondary Treatment Expansion Project at Plant No. 1, Project P1-
102.
Mr. Tyner reported on four recent violations received from OSHA in regards to two
incidents and stated that OCSD is appealing the citations.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
Chair Edgar commended Dean Fisher and congratulated and the new Engineering
Managers. Director Shawver thanked OCSD for the public outreach efforts at the City
of Stanton's recent event.
05/07/14 Opeations Committee Minutes Page 6 of 7
ADJOURNMENT
At 5:53 p.m., Committee Chair Nielsen declared the meeting adjourned to the next
scheduled meeting of Wednesday, June 4, 2014 at 5:00 p.m.
Submitted by,
Kelly A. Lore, Secretary Pro Tem
05/07/14 Operations CommRtee Minutes Page 7 of 7
BOARD OF DIRECTORS NeedngDole TOBe.orDir.
05/07/14 OS/28/14
AGENDA REPORT Item Number Item Numbe
z
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: 2014-17 SPONSORSHIP OF THE CENTER FOR DEMOGRAPHIC
RESEARCH
GENERAL MANAGER'S RECOMMENDATION
Approve a three-year Memorandum of Understanding with California State University,
Fullerton Auxiliary Services Corporation for Operation of the Center for Demographic
Research, for the period July 1, 2014 through June 30, 2017, for a total amount not to
exceed $239,344.
SUMMARY
The Center for Demographic Research (CDR), located at California State University
Fullerton, develops demographic and related information for Orange County. Since
1996, CDR has been supported by sponsoring agencies, including the Orange County
Sanitation District (Sanitation District). The Sanitation District uses CDR information to
develop flow projections, to project revenues from connection fees, and to assess
capacity needs for sewer conveyance and treatment facilities.
This Memorandum of Understanding covers the three-year period required to update
the CDR population projection model used by the Sanitation District to update flow
projections and estimated revenues from connection fees.
PRIOR COMMITTEE/BOARD ACTIONS
None
ADDITIONAL INFORMATION
The Center for Demographic Research produces core demographic products such as
the "Orange County Progress Report," "Orange County Projections" and census, and
employment data by traffic analysis zone (TAZ). Recognizing the importance of local
area expertise in developing demographic projections and associated products, a
number of agencies sponsor CDR: the County of Orange, the Orange County
Transportation Authority, the Orange County Local Agency Formation Commission, the
Southern California Association of Governments (SCAG), the Orange County Council of
Governments, the Sanitation District, the Transportation Corridor Agencies, the
Municipal Water District of Orange County, and the Orange County Water District.
Page 1 of 2
Respective fees shall be as follows for the following fiscal year:
2014-2015 2015-2016 2016-2017 TOTALS
Orange County Transportation $ 79,922 $ 79,481 $ 79,941 $ 239,344
Authority
County of Orange 79,922 79,481 79,941 239,344
Orange County Council of 79,922 79,481 79,941 239,344
Governments
Orange County Sanitation District 79,922 79,481 79,941 239,344
Transportation Corridor Agencies 79,922 79,481 79,941 239,344
Southern California Association of 79,922 79,481 79,941 239,344
Governments
Municipal Water District of Orange 39,961 39,740 39,971 119,672
Orange County Water District 39,961 39,740 39,971 119,672
Orange County Local Agency 15,000 15,000 15,000 45,000
Formation Commission
TOTALS $574,454 $571,366 $574,588 $1,720,408
The 2014 to 2017 Memorandum of Understanding established the Sanitation District
sponsorship fees at $79,922 for 2014-15, $79,481 for 2015-16, and $79,941 for
2016-17.
CEQA
This is not a project. CEQA is not applicable.
BUDGET/PURCHASING ORDINANCE COMPLIANCE
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted within the Operational Budget of Division 740
under memberships. (Line item: Section 6, Page 56).
Date of ADDroval Contract Amount Continaencv
05/28/14 $239,344 N/A
ATTACHMENT:
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the
complete agenda package:
Memorandum of Understanding
RT:KH:sa:gc
Page 2 of 2
Return to A enda Re on
MOU2014-17 20140218 final.do" CSUF OGC:
AGREEMENT NO.
MEMORANDUM OF UNDERSTANDING
by and between
ORANGE COUNTY INTERESTS
and
CALIFORNIA STATE UNIVERSITY, FULLERTON AUXILIARY SERVICES
CORPORATION
for the
CONTINUED OPERATION OF THE CENTER FOR DEMOGRAPHIC RESEARCH
AT CALIFORNIA STATE UNIVERSITY,FULLERTON
This Memorandum of Understanding ("MOU") is entered into between the County of
Orange, Transportation Corridor Agencies, Orange County Sanitation District, Orange
County Transportation Authority, Municipal Water District of Orange County, Orange
County Water District, Orange County Council of Governments, and Southern California
Association of Governments ("SPONSORS"); the Orange County Local Agency Formation
Commission ("CONTRIBUTING PARTNERS") and the CSU Fullerton Auxiliary Services
Corporation, ("ASC"), which is a 501 (c)3 California corporation organized under California
law as an auxiliary organization of California State University, Fullerton ("CSUF"). This
MOU is for the development of demographic data and related support products. Obligations
and rights specified for CSUF in the MOU shall be exercised by the ASC.
WHEREAS, the development of demographic and related information for Orange County is
a vital data source used for a wide range of local, subregional and regional applications,
including, transportation infrastructure planning, facilities planning and timing, development
of fee programs,bond revenue stream analysis, general planning and other applications; and
WHEREAS, a number of primary users of data in Orange County have recognized the
benefit of having a local area expertise in developing demographic projections and associated
products; and
WHEREAS, these SPONSORS, CONTRIBUTING PARTNERS, and California State
University, Fullerton agree on the importance of having a single entity in Orange County
developing demographic products and providing such products to data users; and
WHEREAS, these agencies also desire to establish a long-term process which allows each
individual agency participation in the development and review of demographic products; and
WHEREAS, the Center for Demographic Research located at CSUF provides an opportunity
to place demographic activities in a setting that accomplishes SPONSORS' and
CONTRIBUTING PARTNERS' objectives and provides augmented educational
opportunities for CSUF; and
WHEREAS,CSUF will be listed as a"SPONSOR"based upon their financial contribution as
outlined in the budget in Attachment 1 and in-kind contributions for the balance of the
remaining Sponsor seat; and
MOU2014-17 20140218 final.docx
WHEREAS, the SPONSORS and CSUF have worked cooperatively in supporting and
organizing the Center for Demographic Research for eighteen years and wish to continue their
cooperation; and
WHEREAS, the CONTRIBUTING PARTNERS wish to participate in supporting the Center
for Demographic Research beginning in Fiscal Year 2014/2015; and
NOW, THEREFORE, IT IS RESOLVED that the SPONSORS, CONTRIBUTING
PARTNERS,and the ASC agree as follows:
I. The SPONSORS and CONTRIBUTING PARTNERS will fund the Center for
Demographic Research for the next three years, subject to an annual review and two
one-year options by the SPONSORS and CONTRIBUTING PARTNERS, for an
annual total fee as set forth in Item IV below and Attachment 1.
U. Process and Structure
A. Orange County Projections
The Orange County Council of Governments (OCCOG) will be responsible for the
approval of the Orange County Projections at the Regional Statistical Area level
and subsequent to that action the County of Orange will approve the Orange
County Projections. The OCCOG will work with CDR staff to integrate the
Orange County Projections as approved into the Southern California Association
of Governments (SCAG) Regional Growth Forecast. Sponsors will make good
faith efforts to use the Orange County Projections data in all future forecasting and
planning efforts.
B. Management Oversight
The Management Oversight Committee shall meet at least four(4)times each year
to (1) consider policy matters associated with the operations of the Center for
Demographic Research, (2) review products status and activities which are part of
the core Work Program, (3) review the Center for Demographic Research's
financial status and status of annual MOU signatures, (4) set CDR budget and
modify staff salaries funded by this MOU (5) consider requests from additional
agencies wishing to become sponsors or contributing partners, (6) modify budget
and work program upon addition or termination of a sponsor or contributing
partner, (7) address other matters vital to the function of the Center for
Demographic Research, and (8) undertake additional tasks as requested by the
SPONSORS.
The Management Oversight Committee will be comprised of staff representing the
SPONSORS, CONTRIBUTING PARTNERS and CSUF. Each SPONSOR will
have one voting member of equal standing on the Management Oversight
Committee including one member jointly representing the Municipal Water
2
Return to Mende Report
MOU2014-17_20140218_final.docx
District of Orange County and the Orange County Water District; each
CONTRIBUTING PARTNER will have one non-voting Ex-Officio member. The
designees from each SPONSOR, CONTRIBUTING PARTNER, and the
university shall be named by July 1 of each year. An organization may also
designate an individual(s) to serve as an alternate member of the Management
Oversight Committee. The committee chair and vice-chair will be elected for a
three-year term.
C. Technical Oversight:
The Technical Advisory Committee provides technical guidance and input into the
development of each product produced under this MOU before they are reviewed
by the Management Oversight Committee. The Technical Advisory Committee
advises the Director of the Center for Demographic Research, as well as reports to
the Management Oversight Committee. The Committee will include one voting
representative from each SPONSOR including a member representing the
Municipal Water District of Orange County and the Orange County Water District;
each CONTRIBUTING PARTNER will have one non-voting Ex-Offrcio member.
University participation on the Technical Advisory Committee will include at least
one voting member from CSUF, and one voting member each from the University
of California, Irvine and Chapman University. The Director of the Center for
Demographic Research will coordinate with research centers at these universities
to ensure data consistency. The designees from each SPONSOR,
CONTRIBUTING PARTNER, and agency shall be named by July 1 of each year.
The committee chair and vice-chair will be elected for a three-year term.
The Technical Advisory Committee shall schedule at least four (4) meetings each
year. It will (1) provide a report to the Management Oversight Committee
summarizing its meetings, (2) provide advice on the approach, techniques, data
sources and methods used to develop new products, (3) facilitate the acquisition of
data necessary to produce products, (4) provide suggestions on the interpretation
and analysis incorporated into deliverables, (5) provide input on assumptions for
the development of the growth projections, (6)provide review of deliverables prior
to approval by the Management Oversight Committee and (7) undertake other
tasks as identified by the Management Oversight Committee.
D. Transportation Modeling Data
The Orange County Transportation Authority (OCTA) will be responsible for the
approval of all transportation modeling variables used in the Orange County
Transportation Analysis Model (OCTAM) at the Traffic Analysis Zone level. The
transportation modeling variables shall be consistent with the Orange County
Projections, as approved by the Orange County Council of Governments and the
County of Orange at the Regional Statistical Area Level. The OCTA and Southern
California Association of Governments (SCAG) will exercise user agreements for
their consultants to access the transportation modeling variables.
3
MOU2014-17 20140218 final.docx
III. Duration and Terminations
This agreement will become effective upon execution and ends on June 30, 2017. A
review of the performance of the Center for Demographic Research in meeting its
obligations under this MOU will be conducted by the Management Oversight
Committee throughout the term July 2014 through June 2017. This MOU may be
extended and/or amended by mutual agreement of all signatories.
A party may terminate its participation under this MOU by giving each of the other
parties sixty (60) days written notice thereof Upon said notice of termination, the
SPONSOR or CONTRIBUTING PARTNER terminating its participation shall pay
the balance of fees owed by the SPONSOR or CONTRIBUTING PARTNER for that
given fiscal year. Each fiscal year, the SPONSORS and CONTRIBUTING
PARTNERS shall review and approve in writing the MOU, work program, and
funding arrangement. Such written approval shall constitute a SPONSOR'S or
CONTRIBUTING PARTNER'S agreement to participate in this Agreement. In the
event that ASC wishes to terminate its participation, it shall reimburse the
SPONSORS and CONTRIBUTING PARTNERS any advance payments, less an
amount to cover expenses related to work in progress and less costs reasonably
necessary to effect such termination. If a party wishes to withdraw from the
agreement, said notice shall be affected by delivery of such notice in person or by
depositing said notice in the United States mail, registered or certified mail, return
receipt required,postage prepaid.
IV. Funding and Schedule
Respective fees shall be as follows for the following fiscal year:
Payment Schedule for 2014-2017 2014-2015 2015-2016 2016-2017 Three Year
Total
Orange County Transportation Authority $79,922.00 $79,481.00 $79,941.00 $239,344.00
County of Orange $79,922.00 $79,481.00 $79,94L00 $239,344.00
Orange County Council of Governments $79,922.00 $79,481.00 $79,941.00 $239,344.00
Orange County Sanitation District $79,922.00 $79,481.00 $79,941.00 $239,344.00
Transportation Corridor Agencies $79,922.00 $79,481.00 $79,941.00 $239,344.00
Southern California Association of Governments $79,922.00 $79,481.00 $79,941.00 $239,344.00
Municipal Water District of Orange County $39.961.00 $39,739.50 $39,971.50 $119,672.00
Orange County Water District $39.961.00 $39,739.50 $39971.50 $119,672.00
Orange County Local Agency Formation Commission $15,000.00 $15,000.00 $15,000.00 $45,000.00
TOTAL $574,454.00 $571,365.00 $574,589.00 $1,720,408.00
Payments shall be made in accordance with invoicing policies of the ASC according to
the schedule below. SPONSORS and CONTRIBUTING PARTNERS will be
invoiced at the beginning of each quarter. Quarterly payments equal to 25% of the
annual fees shall follow invoices submitted according to the calendar below:
4
Return to Mende Report
MOU2014-17 20140218 final.docx
Fiscal Year 2014/2015: July 2014, October 2014,January 2015, April 2015
Fiscal Year 2015/2016: July 2015,October 2015,January 2016, April 2016
Fiscal Year 2016/2017: July 2016, October 2016,January 2017, April 2017
SPONSORS and CONTRIBUTING PARTNERS shall pay one-quarter of their annual
fees upon receipt of said invoices or may prepay for an entire fiscal year. Prepayment
does not imply a discounted rate.
V. Administrative Representatives
A. The Principal Investigator for the operations and management of the Center for
Demographic Research and the conduct of this MOU is Deborah Diep, Director.
The Assistant Director, Scott Martin, will serve as the Principal Investigator in the
Director's absence. They are authorized to negotiate supplemental services with
the SPONSORS, CONTRIBUTING PARTNERS, and Non-sponsors as noted in
Section VII. Denise Bell is designated as the administrative representative for the
ASC. Should the Principal Investigators become unavailable for any reason, no
other Principal Investigator shall be chosen by CSUF or the ASC without the
approval of the SPONSORS. Furthermore, the ASC agrees that the Management
Oversight Committee shall make the recommendation on the selection of the
Director or interim Director of the Center for Demographic Research and no
Director or interim Director shall be appointed without approval of the
Management Oversight Committee. The Management Oversight Committee will
serve as the search committee if a search committee for the Director is required by
the ASC.
B. Equipment and furniture purchased by ASC under the terms of this MOU shall
remain the property of the SPONSORS. In the event that the Center for
Demographic Research is disbanded, the equipment remains the property of the
SPONSORS and the Management Oversight Committee shall determine its
disposition.
C. Databases and applications developed and maintained for the Center for
Demographic Research purposes shall remain under control of the SPONSORS.
In the event that Center for Demographic Research is relocated from CSUF, all
Center for Demographic Research functions and designations shall accompany the
Center for Demographic Research.
VI. Additional Sponsorships and Revenues
Other agencies and entities can become sponsors or contributing partners of the Center
for Demographic Research with unanimous agreement among the SPONSORS as
determined by a vote of the Management Oversight Committee. Adjustments in
sponsor fees found necessary resulting from the addition of sponsors shall be
5
MOU2014-17 20140218 final.docx
determined by the Management Oversight Committee with consultation from the
Center for Demographic Research Principal Investigators.
The disposition of additional revenues generated through additional sponsors, and the
sale of products and services to non-sponsors shall be determined by the Management
Oversight Committee. The additional funds shall be prorated according to the
respective sponsor fee. SPONSORS shall have the option of expending their share of
the additional funds on CDR activities, products or equipment or having the funds
returned to the SPONSORS at the end of the fiscal year.
VII. Products and Deliverables
A. The Center for Demographic Research will produce the identified core
Demographic Products and Services as listed in Attachment 2 and described in
Attachment 3. Each SPONSOR will receive ten (10) copies in printed form and
one(1)copy of estimates and projections in electronic form.
B. The SPONSORS and CONTRIBUTING PARTNERS have the right to request
supplemental products and support services from the Center for Demographic
Research through a purchase order. Projects above the amount of$25,000 shall be
approved by the ASC. Such purchases may be entered into if the SPONSOR or
CONTRIBUTING PARTNER agrees to pay ASC all additional costs resulting
from the additional products or services, including an indirect cost of 25%, and if
the activities do not interfere with the normal functioning of the CDR. If requests
for additional products or services require interference with the normal functioning
of the CDR as determined by the Management Oversight Committee or additional
resources from the CDR's basic budget the proposal for such products and services
will be forwarded to the Management Oversight Committee for their advice and
consent prior to finalization of the agreement. In all cases, supplemental work for
SPONSORS and CONTRIBUTING PARTNERS shall be assessed indirect costs
of 25%.
C. Non-sponsors can contract with the Center for Demographic Research through the
ASC for its services or obtain supplemental products and support services from the
Center for Demographic Research through a Non-sponsor purchase order. A list of
these projects will be submitted to the MOC on a quarterly basis. If the Director
assesses a proposed project contains a conflict of interest, conflict of time
commitment, or interference with the normal functioning of CDR, the
Management Oversight Committee will be informed of the request for services and
will review it for any potential conflicts. The Director shall notify the
Management Oversight Committee of any such proposed agreement and provide
the committee with draft text and budget, before the intended start of work. The
Management Oversight Committee shall review the proposed project for possible
conflicts of interests, conflicts of time commitment, and budgetary adequacy. The
Management Oversight Committee may at its discretion impose a surcharge of
funds to be used at its discretion. Action on these matters may be taken only with
6
Return to Mende Report
MOU2014-17 20140218 final.docx
the concurrence of a majority of the members of the Management Oversight
Committee and all such supplemental work for Non-sponsors shall be assessed
normal indirect costs of 25%.
D. Use of revenues generated by the sale of products produced by the Center for
Demographic Research shall be determined by the Management Oversight
Committee. A quarterly report on product sales will be presented to the
Management Oversight Committee.
E. Additional projects should not adversely affect the schedule of deliverables unless
otherwise agreed to by the Management Oversight Committee.
VIII. Sponsorship
This Agreement shall be signed by all SPONSORS and CONTRIBUTING
PARTNERS by June 30, 2014 with the exception of the Southern California
Association of Governments. The Southern California Association of Governments
shall sign this Agreement by September 30, 2014. If all SPONSORS and
CONTRIBUTING PARTNERS listed in Section XVIII do not sign by September 30,
2014, the work program and budget will be modified to reflect the committed
funding. If any SPONSOR or CONTRIBUTING PARTNER does not sign this
Agreement, the funding amounts of the remaining SPONSORS and CONTRIBUTING
PARTNERS will not change. The remaining SPONSORS and CONTRIBUTING
PARTNERS are not required to make up the difference in the reduced budget. Any
SPONSOR or CONTRIBUTING PARTNER listed as an ORANGE COUNTY
INTEREST that does not sign this Agreement forfeits all rights, services, and
privileges as a CDR SPONSOR or CONTRIBUTING PARTNER unless otherwise
negotiated. A formal status report on execution will be delivered at each Management
Oversight Committee meeting until all SPONSORS and CONTRIBUTING
PARTNERS sign this Agreement.
IX. Liability and Insurance
Each party to this MOU hereby assumes any and all risks for personal injury and
property damage attributable to the negligent acts or omissions of that parry and the
officers, employees, and agents thereof. ASC warrants that it has adequate Worker's
Compensation Insurance and liability insurance for its own employees. The ASC, the
SPONSORS (the County of Orange, Transportation Corridor Agencies, Orange
County Sanitation District, Orange County Transportation Authority,Municipal Water
District of Orange County, Orange County Water District, Orange County Council of
Governments, and Southern California Association of Governments), and the
CONTRIBUTING PARTNERS (the Orange County Local Agency Formation
Commission) agree to indemnify and hold each other, their respective officers,
employees, students, agents, harmless from and against all liability, loss, expense
(including reasonable attorney's fees), or claims for injury of damages arising out of
the performance of this Agreement but only in proportion to and to the extent such
7
MOU2014-17 20140218 final.docx
liability, loss, expense, attorney's fees, or claims for injury or damages are caused by
or result from negligent or intentional acts or omissions of the indemnifying party, its
officers, employees, students or agents.
X. Independent Contractor
In the performance of all services and obligations under this agreement, SPONSORS,
CONTRIBUTING PARTNERS, and ASC shall act as independent contractors. None
shall be considered an employee or agent of the other.
XI. Use of Names
SPONSORS and CONTRIBUTING PARTNERS agree not to use the names of the
ASC or CSUF in any commercial connection with work performed under this
Agreement without prior written permission from the ASC. SPONSORS and
CONTRIBUTING PARTNERS may use said names in ordinary internal business
reports concerning this Agreement and may use the names of the Center for
Demographic Research and the Principal Investigators in non-commercial publicity
announcing the results of the project.
ASC agrees not to use the names of SPONSORS and/or CONTRIBUTING
PARTNERS in any commercial connection with this work without prior written
permission from SPONSORS and/or CONTRIBUTING PARTNERS. ASC may use
SPONSORS' and/or CONTRIBUTING PARTNERS' name in ordinary internal
business reports concerning this agreement and in non-commercial publicity
announcing the awarding of the contract.
The provisions of this Section of the Agreement shall survive for two (2)years beyond
any termination date specified in Section III or any extension thereof.
XH. Force Majeure
SPONSORS, CONTRIBUTING PARTNERS, and ASC shall not be liable or deemed
to be in default for any delay or failure in performance under this Agreement or
interruption of services resulting, directly or indirectly, from acts of God, civil or
military authority, acts of public enemy, strikes, labor disputes, or any similar cause
beyond the reasonable control of SPONSORS, CONTRIBUTING PARTNERS, or
ASC, provided the affected party notifies the other party of the delay in writing within
ten days of the onset of the delay.
XHI. Assignment
This Agreement shall inure to the benefit of and be binding upon and enforceable by
the parties and their successors and permitted assigns. However, neither party may
assign any of its rights or obligations under this Agreement without the prior written
consent of the other.
8
Return to Aaenda Report
MOU2014-17_20140218_final.docx
XIV. Modification and Waiver
None of the terms of the Agreement may be waived or modified except by an express
agreement in writing signed by SPONSORS, CONTRIBUTING PARTNERS, and
ASC. Modifications not documented in writing cannot be enforced. The failure or
delay of either party in enforcing any of its rights under this Agreement shall not be
deemed a continuing waiver or a modification by such party of such right.
XV. Governing Law
The validity and interpretation of this Agreement shall be governed by the laws of the
State of California.
XVI. Federal Statutes Relating to Nondiscrimination
ASC will comply with all Federal statutes relating to nondiscrimination. These
include but are not limited to (a)Title VI of the Civil Rights Act of 1964(P.L. 88-352)
which prohibits discrimination on the basis of race, color or national origin; (b) Title
IX of the Education Amendments of 1972, as amended (20 U.S. C. sections 1681-
1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section
504 of the Rehabilitation Act of 1973, as amended (29 U.S. C. section 794), which
prohibits discrimination on the basis of handicaps; (d)Age discrimination Act of 1975,
as amended (42 U.S.C. sections 6101-6107), which prohibits discrimination on the
basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; (f) the
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and
Rehabilitation Act of 1970 (P.O. 91-616), as amended, relating to nondiscrimination
on the basis of alcohol abuse or alcoholism; (g) sections 523 and 527 of the Public
Health Service Act of 1912 (42 U.S.C. 290 dd-d and 290 ee-3), as amended, relating
to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil
Rights Act of 1968 (42 U.S.C. section 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; (I) any other
nondiscrimination provisions in the specific statute(s) under which application for
Federal assistance is being made; and 0) the requirement of any other federal
nondiscrimination statue(s)which may apply to the application.
XVII.Notices
Notices under this agreement shall be considered to be given if delivered by first class
mail to the following addresses:
For SPONSORS:
Carolyn McInerney
County of Orange
10 Civic Center Plaza, 3rd Floor
Santa Ana,CA 92701
9
MOU2014-17 20140218 final.docx
Gwenn Norton-Perry
Orange County Council of Governments
550 South Main Street
P.O. Box 14184
Orange, CA 92613-1584
Jim Herberg
Orange County Sanitation District
10844 Ellis Avenue
P.O. Box 8127
Fountain Valley,CA 92738-8127
Kurt Brotcke
Orange County Transportation Authority
550 South Main Street
P.O. Box 14184
Orange, CA 92613-1584
Hasan Ikhram
Southern California Association of Governments
818 West Seventh Street, 12'n Floor
Los Angeles,CA 90017-3435
Valarie McFall
Transportation Corridor Agencies
125 Pacifica, Suite 100
Irvine,CA 92618-3304
Robert Hunter
Municipal Water District of Orange County
18700 Ward Street
P.O Box 20895
Fountain Valley, CA 92728
Michael R. Markus
Orange County Water District
18700 Ward Street
P.O. Box 8300
Fountain Valley, CA 92728-8300
For CONTRIBUTING PARTNERS:
Carolyn Emery
Orange County Local Agency Formation Commission
12 Civic Center Plaza,Room 235
Santa Ana, CA 92701
10
Return to Mende Report
MOU2014-17 20140218 final.docx
For CSU FULLERTON AUXILIARY SERVICES CORPORATION
Denise Bell, Director, Sponsored Programs
CSUF Auxiliary Services Corporation
2600 Nutwood Ave., Suite 250
Fullerton, CA 92831
XVIII. Execution
IN WITNESS THEREOF, the SPONSORS, CONTRIBUTING PARTNERS, and the ASC
have executed this Agreement on the date first herein written. This Agreement is to be signed
in counter parts.
For the CSU Fullerton Auxiliary Services Corporation:
Frank Mumford, Executive Director Date
For the County of Orange:
Michael B. Giancola, County Executive Officer Date
For the Orange County Council of Governments:
Gwenn Norton-Perry, Executive Director Date
For the Orange County Sanitation District:
Jim Heiberg, General Manager Date
For the Orange County Transportation Authority:
Darrell Johnson, Chief Executive Officer Date
For the Southern California Association of Governments:
Hasan Ikhrata, Executive Director Date
11
MOU2014-17 20140218 final.docx
For the Foothill]Eastern Transportation Corridor Agency:
Neil Peterson, Chief Executive Officer Date
For the San Joaquin Hills Transportation Corridor Agency:
Neil Peterson,Chief Executive Officer Date
For the Municipal Water District of Orange County:
Joan Finnegan, President of the Board Date
Robert Hunter, General Manager Date
For the Orange County Water District:
Shawn Dewane,President Date
Michael R. Markus, General Manager Date
For the Orange County Local Agency Formation Commission:
Joe Carchio, Chair Date
r
Return to Agenda Report
MOU2014-17_20140218_final.docx
:Utaclnnent 1:Center for Dente,rapmc Research
Proposed Annual Budget; July 1,21114 through June 30,2017
2014-15 2015-16 2016-17
Director $98,717 S98,717 $98,717
Benefits $37,366 $38.114 $38,877
Assistant Director $78,780 S78,780 $78,780
Benefits S33,252 $33917 $34,595
GIS/Analyst S60,713 $60,713 $60,713
Benefits $29,523 S30,113 $30,716
Adnuntstrative Assistant S45,031 $45,031 $45,031
Benefits S26,286 S26,812 $27,349
Demcgmpluc Analyst $30,500 $30,500 $30,500
Benefits $4,575 54,575 $4,575
Research Assistants S9,620 $9,620 S9,620
Benefits $1,443 $1.443 $1,443
Supplies $7,000 $7,000 $7,000
Printing&Publications $8,900 $3,900 S3900
Meetings,Mileage,&Training $5D0 S500 $500
Equipment 5500 $500 $500
Espeures S472,706 S4746235 $472,814
25%Indirect Cest fl DC)/Overhead S118,177 $117,559 Id IM04
40%ofofbce space rent not paid through IDC $26,257 $26,257 $26,257
(office space rent is exempt from overhead)
Grorr Total S617,140 5614,051 S617,275
University will contribute:40%of office space red $26,257 $26,257 $26,257
HSS Dean will contribute S 16,429 to Administrative Asst salary $16,429 $16,429 $16,429
Monetan Subtotal 512,686 $42696 S42,686
♦1 I I MR ❑ 't I lulu. S574,454 S571,365 5571,SS9
Number ofseets,
OCfA 1 $79,922.00 $79.481.00 $79,941.00
COUNTY 1 $79,922.00 $79,481.00 $79941.00
OCCOG 1 $79,922.00 $79,481.00 $79,941.00
OCSD 1 $79,922.00 $79.481.00 $79,941.00
TCA 1 $79,922.00 $79,481.00 $79,941.00
SCAG 1 $79,922.00 $79,481.00 $79,941.00
MWDOC 0.5 $39,961.00 $39,739.50 $39,971.50
OCWD 0.5 $39,961.00 $39,739.50 S39,971.50
CSUF 1 see above see above see above
CONTRIBUTING PARTNER:LAFCO 15,000.00 $15,000.DD $15,000.00
TOTAL 8 S574,454.00 $571,365.D0 S574,58900
Cast per Sponsorship Seat=Net Budget/7 remaining seats $79,922.00 $79,481.00 $79,941.00
Notes
Directors salary includes transportation expenses.
IDC/Overhead covers direct and indirect support services ofCSUF ASC and 60'A ofspace card.
University provides co-land support in addition to monetary contributions listed shove.
20/3/2014 Sponsor seat=$79,917
13
MOU2014-17 20140218 final.docx
Attachment 2
Proposed CDR 2014-2017 Services and Products
REPORTS
Orange County Progress Report
Produce an annual Orange County Progress Report. This document presents a unified and a
comprehensive picture of Orange County and its 34 cities including its economic health,its
demographic status and trends,and other information of interest to those who might wish to
relocate to Orange County,do business in the County,or otherwise have an interest in the
economic and demographic status and future of Orange County. A new two-page spread will be
added displaying a map and table of city spheres of influence.
Orange County Projections
Complete OCP-2014 damset and adoption. Following the adoption of OCP-2014,produce a report
containing assumptions,tables,charts,maps,and methodology. Preparation and development of
OCP-2018 will begin during this three-year MOU. The OCP dataset contains population,
housing,and employment projections by 2010 census tract,jurisdiction,Community Analysis
Area,and Regional Statistical Area for a 25-year period.
Orange County Facts and Figures
Update quarterly the Orange County Facts and Figures.This document focuses on the most
frequently asked questions about Orange County demographics and related information.
PUBLIC INFORMATION SERVICES
Provide Public Information on Orange County Demographics as Requested
Provide information in response to numerous requests made by government agencies,elected
officials,private companies,non-profit organizations,schools, students,and citizens regarding
demographic and related information about Orange County.
Maintain CDR Homepage
Update the information currently on the CDR homepage on a regular basis and expand as
information becomes available.
Provide Information and Analysis to News Media
Provide information,description,interviews,and analysis of demographics to news media to
assist them in doing stories where demographics is the focus.
Update RHNA Allocations
Develop allocations of 2012 RHNA for annexations and incorporations.Provide data support
to local jurisdictions and SCAG during development of 2016 RHNA if any Orange County
jurisdiction is subject to a 2016 RHNA.Provide data support to local jurisdictions and SCAG
during development of the 2020 RHNA.Monitor RHNA development process to ensure
Orange County data is incorporated.
14
Return to Mende Report
MOU2014-17 20140218 final.docx
Process Decennial Census and American Community Survey Data
Process Bureau of Census data as it pertains to development of the Orange County Projections
and at the request of CDR Sponsors.
DATA BASES
Housing Inventory System
The Housing Inventory System(HIS)is a data system that includes all changes to each
jurisdiction's housing stock. Data is collected at the address level and converted into a GIS
database by geocoding.After geocoding,quality analysis efforts include tying activity to
parcels.Depending on the jurisdiction,different documents are used to record added units
including certificates of use and occupancy,utility release log,or building final documents.
Demolitions and conversions are recorded though other recordation. Changes to the mobile
home inventory will be verified with HCD. This project will be expanded to include an annual
review and sign off process by each jurisdiction of their geocoded data to ensure accuracy.
Census Data by Partial TAZ
Update the correspondence tables of 20l0 Census blocks to the TAZs after release of Census
Bureau data and GIS shapefrles. As the various census files become available,transportation
modeling variables and other key variables useful for projecting the modeling variables will be
aggregated to TAZ.
Calibrate Age Cohort Component,Shift-Share and Headship Rate Models
Based on data from the Census Bureau, DOF, and EDD data, calibrate the models used to
project county-wide population,housing and employment.
Master Polygon File
Update master polygon file based on the 2010 Census block file for use in development of
OCP damset and annual population and housing unit estimates.Allocate Census block data to
TAZ,CAA,RSA,MWDOC,OCSD,and OCWD. Working with information from OC
LAFCO,the master polygon file will be updated annually to include changes to agency
boundaries:jurisdiction,MWDOC, OCSD,and OCWD.
Population and Housing Estimates by TAZ(OCP)
Estimates of population and housing by unit type will be developed using the 2010 Census
and American Community Survey data at the split TAZ. From 2014 onwards,housing unit
changes will be geocoded and aggregated to the TAZ. Annual estimates of population and
housing will be produced by TAZ for maintenance of the OCP base file.
Annual Population and Housing Estimates by Partial Census Tract and Sponsor Agency
Estimates of population and housing units developed using the 2010 Census for each of the
special district sponsors will be updated annually.From 2014 onwards, annual estimates
(January 1)of population and housing will be produced by partial census tract and for each of
the special district sponsor agencies:MWDOC,OCSD,and OCWD.
15
MOU2014-17 20140218 final.docx
Project Total County Population,Housing,and Employment
Draft assumptions for OCP-2018 will be developed and reviewed by the CDR TAC. These
will then be incorporated into the macro level models used to project population,housing,and
employment. The resulting projections will be reviewed by the CDR TAC and MOC and then
brought to the OCCOG TAC and Board for approval as the controls totals for OCP-2018.
Projected Population,Housing and Employment by TAZ(OCP)
Preparation and development of OCP-2018 will begin during this MOU cycle. Countywide
population,housing,and employment for years 2020 through 2045 will be allocated to Traffic
Analysis Zones split byjurisdictions. Following the allocation, extensive review and
refinement will occur to assure the accuracy of the projections.
Secondary Variables by TAZ(OCTAM)
The basic projected population,housing,and employment from OCP-2014 will be expanded to
the 14 OCTAM variables. These variables will include resident population,group quarters
population, employed residents,median income,occupied single family dwelling units,
occupied multiple family dwelling units,household size,retail employment,service
employment,K-12 public school employment,all other employment,school enrollment,
university enrollment,and area. Data for the projection years will be updated in the next MOU
cycle. Preparation of the base year OCTAM data for OCP-2018 will begin in this MOU cycle.
Consolidated Boundary and Annexation Program(CBAS)
CDR staff will report annual iurisdictional boundary and feature changes through a new,
voluntary program of the U.S. Census Bureau that allows for a consolidated annual review of
jurisdiction boundaries.This review will be done using the official County Surveyor/OC
LAFCO jurisdiction GIS boundary file. Orange County jurisdictions will be able to opt in or
out of this CDR service annually. CDR will notify each participating jurisdiction and OC
LAFCO of the outcome of the BAS review, i.e.whether there were any areas where
jurisdiction boundaries needed to be corrected.
COMMITTEES
Participate in Sponsor Technical Advisory Committees as Requested
Participate in appropriate Sponsor technical advisory committees including,OCCOG TAC,
County's Demographic Steering Committee,OCTA's Modeling TAC, Orange County
Sanitation District's Planning Advisory Committee,Water Use Efficiency Project Advisory
Committee, and SCAG's Technical Working Group and Scenario Planning Model Working
Group.
Coordinate with SCAG and SCAG Committees
This service revolves around the incorporation of OCP into the SCAG growth forecast. This
service includes participation in SCAG expert panels and workshops to develop assumptions
for their population and employment projections;monitoring the discussions relevant to the
development of SCAG's growth forecast at SCAG policy committees and subregional
coordinator meetings;and coordinating with relevant SCAG staff on this issue.
16
Return to Mende Report
MOU2014-17 20140218 final.docx
Coordinate with University Research Centers
CDR staff will coordinate with UCI and Chapman University research centers to ensure
consistency between the CDR's forecast and estimates and those produced by these institutes.
2014-2017 LAFCO FUNDED PROJECT: Sphere of Influence Estimates
CDR will update its master polygon file on an annual basis with changes to the sphere of influence
(SOI)boundaries.CDR will produce annual estimate of January 1 population and housing for each of
the SOI polygons upon completion of the annual Housing Inventory System to maintain this
information in preparation for the 2018-2022 OC LAFCO municipal service review cycle.
NEW PROJECTS
Boundary and Annexation Report
Working with information provided by OC LAFCO,CDR staff will produce an annual report
of the jurisdictional boundary changes.This multi-page report will contain a map of the year
to year boundary changes and a table listing the area change and specific annexations and
incorporations for each calendar year.Detailed annexation and vicinity maps from OC
LAFCO's approved changes of organization documents will also be included in the report.For
ease of reference and to make the information publically available,the report will be posted on
OC LAFCO's website.Working with OC LAFCO over the three-year MOU cycle, CDR will
attempt to build a historical reference collection of these reports going back to 2000 as
information is available.
17
MOU2014-17 20140218 final.docx
Attachment 3
F osed Draft NMk"rarn]Q014-erzon
CC FacM and Flpurea
CC Proprtas Report
OC PMeOws 2014
OCP goU sewndaF variables
Census Data o Tr
Pop&Housing t TPZ
Employment EyW
Housing Want.,System
Pop&Hwaing by PNlal CT
Speaal pRnd Mnual Eatmales
CaliMte Demo,&Ecm MMels
Consolinated Boundary&Annexation
PublOnfonnabm
Maintain CDR Homepa,e
into kr Me da
F.aa Cenma Inb
RHNAAIIocalions
40 Startup
Mileskne'Ccmpletim
IS
OPERATIONS COMMITTEE Neetlng pate TO BA.Of DIl.
os/o7/ia oS2s/ia
AGENDA REPORT Item Number Item Number
3 a
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations and Maintenance
SUBJECT: TERMINATION OF AGREEMENT FOR LABORATORY FACILITIES
BETWEEN OCSD AND SCCWRP
GENERAL MANAGER'S RECOMMENDATION
A. Terminate the agreement of May 1, 2007, between OCSD and SCCWRP, which
provided use of OCSD laboratory facilities; and
B. Direct the General Manager of OCSD to notify the Executive Director of
SCCWRP of the decision to terminate this agreement effective three months
from the date of the notice.
SUMMARY
In July 2007 the OCSD Board of Directors entered into an agreement with the Southern
California Coastal Water Research Project (SCCWRP) to provide OCSD laboratory
facilities at no cost. At that time OCSD and SCCWRP were engaged in a number of
significant research based studies that benefited both organizations. Also at that time
SCCWRP did not have laboratory facilities of its own to carry out this work. Since 2007
SCCWRP has constructed a laboratory and no longer has need or desire to perform
laboratory work at the OCSD laboratory. It is therefore recommended that the
agreement approved by OCSD's Board of Directors on July 9, 2007, to provide OCSD
access and facilities to SCCWRP staff be terminated. Section 14 of the Agreement
provides that it may be severed or terminated by either party upon three months' notice.
It is further recommended that the OCSD Board of Directors provide direction to
OCSD's General Manager to provide the Executive Director of SCCWRP the three
months' notice of termination.
PRIOR COMMITTEE/BOARD ACTIONS
July 2007 - Board of Directors approved agreement dated May 1, 2007, granting
laboratory facilities and access to SCCWRP staff.
ADDITIONAL INFORMATION
SCCWRP staff vacated OCSD laboratory facilities over nine months ago and SCCWRP
management has expressed that they have no interest in reoccupying these facilities in
the foreseeable future.
Page 1 of 2
CEQA
N/A
BUDGET / PURCHASING ORDINANCE COMPLIANCE
N/A
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the
complete agenda package:
• Agreement between the Orange County Sanitation District and the Southern
California Coastal Water Research Project
Page 2 of 2
Return to Mende Report
Agreement Between the Orange County Sanitation District and
Southern California Coastal Water Research Project Regarding
SCCWRP Utilization of OCSD Microbiology Laboratory Facilities
This agreement regarding utilization of Orange County Sanitation District("OCSD')
laboratory facilities by the Southern California Coastal Water Research Project Authority
("SCCWRP'),effective as of May 1,2007,("Agreemenf)is entered into by OCSD and
SCCWRP on the terms described below. OCSD and SCCWRP are referred to
individually as a"Party"and collectively as "Parties".
Recitals
A. OCSD is a County Sanitation District pursuant to California Health&Safety
Code§4700 or seq.
B. SCCWRP is a joint powers agency focusing on marine environmental research.
C. OCSD is a SCCWRP member agency.
D. OCSD currently has a full service microbiology laboratory for routine work. In
addition,OCSD often provides at its facilities some of the microbiology testing
services for SCCWRP projects,since SCCWRP currently has a limited
microbiology laboratory
E. OCSD and SCCWRP desire to have SCCWRP conduct some or all of its
microbiology testing using OCSD microbiology laboratory facilities, for the
convenience of both OCSD and SCCWRP. OCSD will also benefit from direct
participation in SCCWRP research projects, enabling OCSD to maintain a leading
role within SCCWRP in the evaluation of ocean discharges on public health and
the environment. These general microbiology tests and services include fecal
indicator bacteria identification, identification of unknown bacteria using the
Vitek systems,PCR research,and gene sequencing.
Therefore,OCSD and SCCWRP agree as follows:
1. SCCWRP anticipates that a laboratory analyst and a laboratory supervisor,
both employed by SCCWRP,will work at OCSD 90%and 50%of time,
respectively. OCSD agrees to provide 2 office spaces in a cubicle arrangement
that will include access to the OCSD information technology network and
telephone network. OCSD will provide SCCWRP two of its computers to
access the OCSD network onsite, and only OCSD computers will be permitted
to be connected to the network. OCSD will assure that all network software is
updated to meet OCSD standards.
531732.3
OCSD/SCCWRP Return to Mende Report
Laboratory Agreement
May 1,2007
2. OCSD and SCCWRP anticipate that 30 to 50linear feet of lab bench space
will be adequate to support SCCWRP projects. This space will be distributed
throughout the lab.
3. Other SCCWRP personnel will be present at various times depending on the
nature of the work. Arrangements for space and resources will be worked out
in advance with the OCSD laboratory management.
4. If a conflict arises in the workplace between SCCWRP and OCSD personnel,
a management team from both agencies will meet to review the facts and to
determine the best course of action. OCSD reserves the right to deny access
to any SCCWRP employee at my time for any reason or no reason.
5. Some work may need to be performed at off-hours and on weekends. At such
times, SCCWRP staff performing such work shall sign in and out at the
Control Center and notify the Control Ceuta when staying past normal
business hours.
6. OCSD will provide 2 permanent parking passes,4 building access cards and
temporary passes as needed.
7. Laboratory supplies for SCCWRP projects will be purchased by SCCWRP
and stored in a location provided by OCSD. Approximately 2-4 weeks of
supplies can be stored at any one time,.and longer term storage must be
arranged by SCCWRP.
8. OCSD will provide access to OCSD lab equipment to SCCWRP staff on the
same basis as OCSD staff. Scheduling of equipment use will be discussed as
required between staff from both agencies. SCCWRP owned equipment
brought to OCSD will be available to OCSD lab personnel after consultation
with SCCWRP regarding availability.
9. SCCWRP will meet with OCSD lab management at least quarterly to discuss
the nature of upcoming projects so that proper coordination with OCSD
activities is assured.
10. All SCCWRP personnel who will work in the OCSD lab facilities will be
interviewed by the lab management to make sure there is compatibility
between the two groups. Whenever possible,someone from the OCSD
laboratory will be part of the hiring team for SCCWRP staff.
11. SCCWRP will assure that their staff members have received appropriate
training related to diversity in the workplace,violence in the workplace,
harassment in the workplace and safety in the laboratory. This training can be
accomplished by a combination of reading OCSD personnel policies in these
5317823
OCSD/SCCWRP Return to Mende Report
Laboratory Agreement
May 1, 2007
areas as well as by SCCWRP sponsored courses. OCSD will provide a
training session on general and laboratory plant safety. SCCWRP personnel
will be invited to attend the quarterly laboratory safety committee meetings.
12. Insurance.
a. General Provisions. SCCWRP shall purchase and maintain, for the
duration of the Agreement,insurance against claims for injuries to
persons,or damages to property which may arise from or in connection
with the services which will be performed under this Agreement by
SCCWRP,its agents,representatives,employees, and/or subcontractors,in
amounts equal to the requirements set forth below. SCCWRP shall not
commence or continue its services under this Agreement until all
insurance required under this Section is obtained in a form acceptable to
OCSD. SCCWRP shall maintain all of the foregoing insurance coverages
in force until this Agreement is terminated. The requirement for carrying
the foregoing insurance shall not derogate from the SCCWRP's
indemnification obligations. Notwithstanding nor diminishing the
obligations of SCCWRP with respect to the foregoing, SCCWRP shall
subscribe for and maintain in full force and effect during the life of this
Agreement,the following insurance in amounts not less than the amounts
specified. OCSD reserves the right to amend the required limits of
insurance commensurate with SCCWRP's risk at any time. No vehicles
may enter OCSD premises/worksite without possessing the required
insurance coverage.
b. Worker's Compensation. SCCWRP shall provide such Worker's
Compensation Insurance as required by the Labor Code of the State of
California,including employer's liability with a statutory minimum limit
of One Million($1,000,000)Dollars per accident for bodily injury or
disease. Such Worker's Compensation Insurance shall be endorsed to
provide for a waiver of subrogation against OCSD.
c. General Liability. SCCWRP shall maintain in full force and effect,
throughout the term of this Agreement,standard industry form insurance
coverage in an amount of not less than one million($1,000,000)dollars
per occurrence for bodily injury,personal injury and property damage. If
Commercial General Liability Insurance,or other form with a general
aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location,or the general aggregate limit shall be
twice the required occurrence limit.
5317U.3
' OCSD/SCCWRP Return to Mende Report
Laboratory Agreement
May 1,2007
d. Additional Insurance Requirements.
(i) Certificates of Insurance. SCCWRP shall provide to OCSD a
certificate of insurance in a form acceptable to OCSD indicating the
deductible or self-retention amounts and the expiration date of said
policy, and shall provide renewal certificates not less than ten(10)
days prior to the expiration of each policy term.
(ii)Notice of Cancellation/Termination of Insurance. The above
policy/policies of insurance shall not terminate,nor shall they be
canceled,nor the coverage reduced,until after thirty(30)days' written
notice is given to OCSD, except that ten(10)days'notice shall be
given if there is a cancellation due to failure to pay a premium.
(iii)Proof of Insurance Requirements. SCCWRP shall submit the
certificate of insurance, including the deductible or self-retention
amount,to OCSD's Insurance Administrator for certification that the
insurance requirements of this Agreement have been satisfied prior to
commencement of any work under this Agreement.
13. Indemnification.
To the fullest extent permitted by law, SCCWRP shall indemnify,defend
(at SCCWRP's sole cost and expense and with legal counsel approved by
OCSD,which approval shall not be unreasonably withheld),protect and
hold harmless OCSD and all of OCSD's officers,directors,employees,
consultants,and agents(collectively the"Indemnified Parties'), from and
against any and all claims,damages, liabilities, causes of action, suits,
arbitration awards,losses,judgments,fines,penalties, costs and expenses
(including,without limitation,attomeys' fees,disbursements and court
costs,and all other professional,expert or SCCWRP's fees and costs and
OCSD's general and administrative expenses; individually,a"Claim";
collectively,"Claims')which may arise from or are in any manner related,
directly or indirectly,to any work performed, or any operations, activities,
or services provided by SCCWRP in carrying out its obligations trader this
Agreement(including,without limitation,the negligent and/or willful acts,
errors and/or omissions of SCCWRP, its principals,officers, agents,
employees, SCCWRP's suppliers, consultants, subcomultants,
subcontractors, anyone employed directly or indirectly by any of them)
regardless of any contributing negligence or strict liability of an
Indemnified Party. Notwithstanding the foregoing,nothing herein shall be
construed to require SCCWRP to indemnify the Indemnified Parties from
any Claim arising solely from:
53rl63.3
OCSD/SCCWRP Return to Aaenda Report
Laboratory Agreement
May 1,2007
(1) the active negligence or willfirl misconduct of the Indemnified
Parties; or
(2) a natural disaster or other act of God, such as an earthquake; or
(3) the independent action of a third party who is neither one of the
indemnified Parties nor the SCCWRP,nor its principal,officer,
agent, employee,nor SCCWRP's supplier, consultant,
subconsultant,subcontractor,nor anyone employed directly or
indirectly by any of them.
Exceptions(1)through(3)above shall not apply, and SCCWRP 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.
SCCWRP's liability for indemnification hereunder is in addition to any
liability SCCWRP may have to OCSD for a breach by SCCWRP of any of
the provisions of this Agreement. Under no circumstances shall the
insurance requirements and limits set forth in this Agreement be construed
to limit SCCWRP's indemnification obligation or other liability
hereunder. The terms of this Agreement are contractual and the result of
negotiation between the parties hereto. Accordingly,any rule of
construction of contracts(including,without limitation,California Civil
Code Section 1654)that ambiguities are to be construed against the
drafting party, shall not be employed in the interpretation of this
Agreement.
DUTY TO DEFEND
The duty to defend hereunder is wholly independent of and separate from
the duty to indemnify and such duty to defend shall exist regardless of any
ultimate liability of SCCWRP. Such defense obligation shall arise
immediately upon presentation of a Claim by any person if,without regard
to the merit of the Claim, such Claim could potentially result in an
obligation to indemnify one or more Indemnified Parties,and upon written
notice of such Claim being provided to SCCWRP. Payment to SCCWRP
by any Indemnified Party or the payment or advance of defense costs by
any Indemnified Patty shall not be a condition precedent to enforcing such
Indemnified Party's rights to indemnification hereunder. SCCWRP's
indemnification obligation hereunder shall survive the expiration or earlier
termination of this Agreement until such time as action against the
Indemnified Parties for such matter indemnified hereunder is fully and
finally barred by the applicable statute of limitations.
14. This agreement is severable by either party at any time for any reason or no
reason without penalty with a minimum of 3 months notice. If OCSD severs
531782.1
j OCSD/SCCWRP Return to Mende Report
Laboratory Agreement
the agreement it is anticipated that it would take SCCWRP at least this time
period to find alternate laboratory facilities. OCSD agrees to provide
reasonable flexibility in this notification requirement.
IN WITNESS WHEREOF,these Parties have executed this Agreement on the day and
year shown below.
Date: ' /� ,2007 fo, "7
N
Dated: —�+ -�3—
Contracts/Purchasing Manager Date
-97-07
h�a/ir,Board f Directors Date
By .� i,70
Clerk ofthe Board Date
Approved as to Form:
General Counsel Date
Date:66, 2007 Southern California Coastal
Water Research Project Authority
By L
Stephen B. Weisberg
Executive Director
5317823
OPERATIONS COMMITTEE Meebog Date TOBd 0111 r.
0
5
/0
7114 OSRa/14
AGENDA REPORT Item Number Rem Numbe
4 9
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations and Maintenance
SUBJECT: CONTRACT FOR SODIUM HYPOCHLORITE, SPECIFICATION NO.
C-2012-536
GENERAL MANAGER'S RECOMMENDATION
A. Approve Change Order No. 2 to Purchase Order 104627-OB to Olin Chlor Alkali
Products, for the Purchase of sodium hypochlorite, Specification No. C-2012-536
authorizing a unit price increase of $0.05 per gallon for a new total unit price of
$0.489/gallon delivered, plus applicable sales tax, for the period beginning
September 1, 2014 through August 31, 2015, and for all subsequent contract
renewal periods; and
B. Approve a 10% annual unit price contingency.
SUMMARY
Olin Chlor Alkali Products (Olin) is requesting a price increase from $0.439/gallon to
$0.489/gallon delivered plus applicable sales tax. Staff recommends the renewal of the
contract because:
• Olin has historically maintained low chemical costs and lowered OCSD's pricing
significantly for sodium hypochlorite in 2012 and held it firm for two years.
• The price is lower than OCSD's previous contract with JCI which had a unit cost of
$0.592/gallon plus tax.
• Olin's proposed price is lower than the other municipalities in Southern California
including, City of San Diego, Orange County Water District, South Orange County
Water District, and Irvine Ranch Water District.
• Olin has consistently provided dependable service and a quality product.
PRIOR COMMITTEE/BOARD ACTIONS
Original Spec. C-2012-536 contract with Olin was approved per FY 2012/13 Budget:
Section 5, Page 11.
Page 1 of 2
ADDITIONAL INFORMATION
Sodium hypochlorite (bleach) is used at both treatment plants for disinfection and odor
control. Olin has reliably provided bleach since August 2012 for a delivered price of
$0.439/gallon plus applicable sales tax. In 2012 the bleach contract was competitively
bid where Olin was the successful lowest bid. The next lowest bid was $0.513/gallon
plus applicable sales tax.
CEQA
N/A
BUDGET/PURCHASING ORDINANCE COMPLIANCE
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item is budgeted under Division 830 and 840, objects 52034, 52041,
and 52042, Bleach.
Date of ADDroval Contract Amount Continaencv
05/28/14 $980,280.00 $98,000 (10%)
ATTACHMENT:
N/A
Page 2 of 2
OPERATIONS COMMITTEE NeetingDate TOBe.orDi,.
os/o7/ta os/zs/ta
Item AGENDA REPORT N Number Item Nu bar
s Nu
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations and Maintenance
SUBJECT: CATIONIC POLYMER, SPECIFICATION NO. C-2013-591BD
GENERAL MANAGER'S RECOMMENDATION
A. Award a Contract to Polydyne Inc. for the purchase of Cationic Polymer,
Specification No. C-2013-5918D, for a unit price of $2.425 per active pound
delivered for Solution Polymer (WE-192) plus applicable sales tax, and $2.225
per active pound delivered for Mannich Polymer (C-331) plus applicable sales
tax, and $2.929 per active pound delivered for Emulsion Polymer (WE-1233) plus
applicable sales tax, and $2.643 per active pound delivered for Emulsion
Polymer (WE-1328) plus applicable sales tax, for a total estimated amount of
$1,650,100 for the period July 1, 2014 through June 30, 2015, with four one-year
renewal options; and
B. Approve a 10% annual unit price contingency.
SUMMARY
Cationic polymer is used at both treatment plants for thickening biological solids
generated in the dissolved air flotation thickeners (DAFT) and dewatering biosolids
before being transported to offsite reuse or disposal sites.
This contract was competitively bid with twenty (20) prospective bidders with two (2) bid
packages being received by the bid close date of March 11, 2014.
In order to increase competition, the bid criteria was broken into three process areas: 1)
Plant No. 1 & Plant No. 2 dewatering, 2) Plant No. 1 DAFT and 3) Plant No. 2 DAFT.
Bidders were allowed to bid on 1, 2, or all 3 process areas.
The bidding process included special requirements for supplier bench testing. Suppliers
were allowed a two (2) week period to schedule and conduct bench tests. OCSD bench
tested the pre-qualified polymers to evaluate the performance of the polymer. The
projected usage was determined based on polymer performance in bench scale testing.
The total annual cost was determined by multiplying the projected usage by the unit
cost. The prequalified polymers with the lowest annual cost for each of the three
process areas is being recommended for this contract, which in this case are all
supplied by Polydyne, Inc.
Page 1 of 3
The two companies that bid and their total bid amounts are listed below in the Additional
Information section. Although BASF Corp. appeared to have a lower unit cost, it would
have required a much higher usage to yield the required performance and would have
ended up actually costing more.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
OCSD utilizes three types of cationic polymer (solution polymer, mannich polymer and
emulsion polymer) for the following reasons.
Mannich polymer is used in Plant No. 1 and Plant No. 2 dewatering. Mannich
(pronounced mannick) polymers are effective and can be manufactured and provided at
a lower cost than solution polymers. However they can contain various amounts of
residual formaldehyde which presents risk to the Ground Water Replenish System
(GWRS) as these compounds can form compounds of concern. At Plant No. 1 we use
mannich polymers only in process areas that do not enter into GWRS
Solution polymer is used at Plant No. 1 to thicken biological solids generated in the
secondary treatment process. In this application, the higher cost solution polymer is
used instead of mannich because the process stream feeds into GWRS.
Emulsion polymer is used at Plant No. 1 as backup polymer in dewatering and Plant No.
2 to DAFTs. The emulsion polymer is 10 times the concentration of both solution and
mannich polymer, allowing the Districts to store more active pounds of polymer on site.
Because Plant No. 1's mannich polymer storage is only 3.5 days, emulsion polymer is
stored as a backup, increasing storage to 19 days. Plant No. 2 DAFT process area only
has facilities for emulsion polymer.
Bid results
Polymer Type/ Product Usage Actual Bidder $/ Total Annual
Process Area Name active Ib/yr %active I I Active Ila. Cost
Mannich-P3/P2 Dewaterin C-331 440,000 4% Pol d ne $ 2.225 $ 979,000.00
Emulsion-P1 Dewaterin WE-1233 20,000 42% Pol ci ne $ 2.929 $ 58,580.00
Solution-P3 DAFT WE-192 100,000 4% Polydyne $ 2.425 $ 242,500.00
Emulsion-P2 DAFT WE-1328 1 140,000 42% 1 Polydyne 1 2.643 $ 370,020.00
Total: $1,650,100.00
Emulsion-P2 DAFT IZETAG8816 1 168,0001 40% I BASF Corp I $ 2,262 $ 380,016.00
Page 2 uF 3
CEQA
N/A
BUDGET/PURCHASE ORDINANCE COMPLIANCE
This recommendation complies with authority levels of the OCSD Purchase Ordinance.
This item has been budgeted in Divisions 830 and 840, object 52012, line item 52.
Date of ADDroval Contract Amount Continaencv
05/28/14 $1,650,100.00 $165,010.00 (10%)
ATTACHMENTS
The following attachment maybe viewed on-line at the OCSD website(www.ocsd.com) with the complete
agenda package and attachments.
Contract
ET:JS:UM:MJ:YS:cf
Page 3 of 3
Return to Aaenda Report
CONTRACT
Purchase of Liquid Cationic Polymer
Specification No. C-2013.591BD
THIS CONTRACT is made and entered into to be effective July 1, 2014, 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 Polydyne, Inc. with main
offices located at One Chemical Plant Road, Riceboro, Georgia 31323 hereinafter referred to as
"Supplier" collectively referred to as"the Parties".
WITNESSETH
WHEREAS, OCSD requires Cationic Polymer in Its sewage treatment process and has
prepared Technical Specifications including use of processing equipment as stated in the
"Conformed"Technical Specifications as modified by Addendum No.4 to the Notice Inviting Bids
(attached hereto and incorporated together herein by reference as Exhibit "A") for the purchase
of said Cationic Polymer.
WHEREAS, bids for the Purchase of Cationic Polymer Specification No.G-2013-591BD were
solicited and received on March 11, 2014; and
WHEREAS, OCSD has chosen Supplier to provide Cationic Polymer in accordance with
Purchasing Resolution No. OCSD07-04; and
WHEREAS, on May 28, 2014, the Board of Directors of OCSD, by minute order, authorized
execution of this Contract between OCSD and Supplier; and
NOW, THEREFORE, in consideration of the premises and agreements hereinafter made and
exchanged, Supplier and OCSD agree as follows:
1. Del. ery
1.1 LOCATIONS as called for by OCSD, deliveries will be made to Plant No. 1, 10844 Ellis
Avenue, Fountain Valley, and Plant No. 2, 22212 Brookhurst Street, Huntington Beach,
California. Under normal conditions, OCSD will provide a three- (3) day notification except in
emergency situations whereby a 24-hour notice for delivery is requested. Such expedited
deliveries will be provided at no additional cost to OCSD. Complete orders will be delivered
F.O.B. Destination, and shall include unloading chemical into OCSD's existing Cationic Polymer
tanks. See Technical Specifications, Exhibit "A" and delivery procedures found at: OCSD.com,
"Doc Central" (bottom of page), under "Safety. Deliveries will usually be received Monday
through Friday, 7:00 a.m. to 4:00 p.m.
1.2 Supplier shall supply Cationic Polymer at the prices contained in this Contract, for the
Contract Term. OCSD will buy at the Contract price from Supplier only, except when OCSD
determines Supplier cannot make delivery within the time specified or with the quality and
quantity specified, or at the Contract price, at which time OCSD may purchase Cationic Polymer
elsewhere and charge Supplier any differences in the delivered price to OCSD.
1.3 CERTIFICATION OF WEIGHT Delivery weight of material shall be determined by
certified scales. Certificates of weight will be furnished by Supplier for all loads of Cationic
Polymer delivered. Loading, hauling and unloading shall be done at the expense of Supplier.
Orange County Sanitation District 1 of 8 Specification No. C-2013-591BO
Return to Mende Report
1.4 ANALYSIS CERTIFICATION Each delivery of Cationic Polymer requires a written
certified analysis of the percentage total solids and percentage active Cationic Polymer for that
shipment. A certified analysis is defined as a statement signed by Supplier's representative
declaring the analysis information is true and accurate.
1.5 Supplier shall be responsible for any loss or damage to facilities of OCSD caused by
negligence of Supplier's delivery equipment or operators thereof.
2. Possession Ownership and control of all Cationic Polymer delivered pursuant to this
Contract shall remain solely and exclusively with Supplier, until complete transfer of possession
by delivery to OCSD at the designated locations is made from Supplier.
3. Familiarity with Work
3.1 By executing this Contract, Supplier 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
Supplier 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 Suppliers risk, until written instructions are received from OCSD.
3.2 Supplier will schedule work through OCSD's Project Manager. Supplier will not come on
site unannounced. All scheduled work will be done Monday through Friday, between 7:00 am
and 4:00 pm.
4. Performance Time is of the essence in the performance of the provisions hereof.
3. Quan ' OCSD makes no guarantee to actual use or quantity of Cationic Polymer
purchased. The Cationic Polymer C-331 will be used for anaerobically digested sludge at an
estimated usage of 440,000 active pounds per year and 20,000 active pounds per year of
backup WE-1233 polymer. To thicken secondary solids, an estimated 100,000 active pounds
per year of WE-192 will be used at Plant 1 and an estimated 140,000 active pounds per year of
WE-1328 at Plant 2. Use may be sporadic based on the wastewater treatment requirements
unique to each treatment plant.
6. Pricina and Invoicing
6.1 Supplier will invoice monthly for delivered Cationic Polymer per the Technical
Specifications, Exhibit"A°, at:
Solution Polymer WE-192 $2.425 per pound (active basis); and
Mannich Polymer C-331 $2.225 per pound (active basis); and
Emulsion Polymer WE-1233 $2.929 per pound (active basis); and
Emulsion Polymer WE-1328 $2.643 per pound (active basis).
6.2 Prices shall remain firm during the Contract Term. Price shall include all cartage and
taxes per active pound except California State Sales Tax. The sales tax will be paid by OCSD.
The sales tax shall not apply to freight charges.
6.3 OCSD will pay only for the actual pounds of active Cationic Polymer delivered into
OCSD's storage tanks. Cal weight scale tickets shall be provided to OCSD for every
delivery and shall contain the tare weight, loaded gross weight and net weight. Pounds invoiced
will be the total net pounds of Cationic Polymer 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.
Orange County Sanitation District 2 of 8 Specification No. C-2013-591BD
Return to Anenda Report
6.4 Periodic quality control tests will be performed by OCSD on the delivered product to
assure that minimum Contract specifications are attained and that Supplier-reported quality is
accurate. The product will be paid for on a corrected weight basis. All Cationic Polymer
delivered under the minimum product specifications shall be discounted proportionately. A
discount formula as shown shall be utilized.
Cost per Active Pound x Active Pounds Delivered = Delivered Cost
6.5 A Delivery statement shall accompany all shipments. Each product batch will be tested
by the manufacturer prior to shipment and the certified test results showing the actual percent of
Cationic Polymer will be forwarded to OCSD with the invoice. OCSD reserves the right to
reject a load if the active solids concentration of that batch is not within the specked range of
+/-0.5% by weight. Repeated deviations of the solution strength from the specked range of
more than twice per calendar month may be used as grounds for terminating the Contract.
Payment shall be based on the actual product delivered. At a minimum, the invoice shall
include a description of the delivery location, the delivery date, the unit price, the active pounds
of product delivered, and any other parameters used to determine the cost for the shipment.
6.6 OCSD shall pay, Net 30 days, upon receipt and approval by Project Manager, Margil
Jimenez or his designee of itemized invoices, submitted in duplicate, in a form acceptable to
OCSD to enable audit of the charges thereon. The active concentration of the shipped material
must be included on the product invoice. All invoices must reference the Purchase Order
Number.
6.7 Invoices shall be emailed by Supplier to OCSD Accounts Payable at
APStaff(o)OCSD.com and reference 'INVOICE", the Purchase Order number, and C-2013-
591 BD in the subject line.
6.8 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.
7. Contract Term The Services provided under this Contract shall be for a period of one
(1) year commencing July 1, 2014 and continuing through June 30, 2015.
8. Renewals
8.1 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 contract
terms can be negotiated. OCSD shall make no obligation to renew nor give reason if it elects
not to renew.
8.2 Renewals may be made through the OCSD Purchase Order Process.
9. Termination
9.1 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, Supplier
shall immediately discontinue all work under this Contract (unless the notice directs otherwise).
OCSD shall thereafter, within thirty (30) days, pay Supplier for work performed (cost and fee) to
the date of termination. Supplier 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
Supplier other than for work performed to the date of termination.
Orange County Sanitation District 3 of 8 Specification No. C-2013-591SD
Return to Mende Report
9.2 OCSD reserves the right to terminate this Contract immediately upon OCSD's
determination that Supplier 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.
9.3 OCSD may also immediately cancel for default of this Contract in whole or in part by
written notice to Supplier:
9.3.1 if Supplier becomes insolvent or files a petition under the Bankruptcy Act;
9.3.2 if Supplier sells its business; or
9.3.3 W Supplier breaches any of the terms of this Contract.
9.4 All OCSD property in the possession or control of Supplier shall be returned by Supplier
to OCSD upon demand, or at the termination of this Contract, whichever occurs first.
10. Indemnification and Hold Harmless Supplier 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 Supplier, its employees or
agents, in relation to the rendit'on of services pursuant to this Contract, except claims or
litigations arising through the sole negligence or wilful misconduct of OCSD. Supplier 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 Supplier.
11. Insurance Supplier and 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 "B"). Supplier shall not commence work under this
Contract until all required insurance is obtained in a form acceptable to OCSD, nor shall
Supplier 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. Eouioment Loss OCSD will be responsible for any loss or damage to Supplier-owned
equipment, when OCSD determines OCSD is at fault, and will reimburse Supplier for such loss
or damage upon receipt of invoices.
13. Damage to OCSD's Property Any of OCSD's property damaged by Supplier, any
subcontractor, or by the personnel of either will be subject to repair or replacement by Supplier
at no cost to OCSD.
14. Safety Standards and Human Resources (HM Policies OCSD requires all
contractors and service providers to follow and ensure their employees and all subcontractors
follow all State and Federal regulations as well as OCSD requirements while working at OCSD
locations. If during the course of a contract it is discovered that OCSD policies, safety manuals,
or contracts do not comply with State or Federal regulations then the Supplier is required to
follow the most stringent regulatory requirement at no cost to OCSD. Supplier and all their
employees and subcontractors, shall adhere to all applicable OCSD Safety Standards and
Human Resources Policies found at: OCSD.com, "Doc Central" (bottom of page), under
"Safety".
Orange County Sanitation District 4 of 6 Specification No. C-2013-591BD
Return to Mende Report
15. Right to Review Services. Facilities. and Records
15.1 OCSD reserves the right to review any portion of the Services performed by Supplier
under this Contract, and Supplier agrees to cooperate to the fullest extent possible. Supplier
shall furnish to OCSD such reports, statistical data, and other information pertaining to
Supplier'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.
15.2 The right of OCSD to review or approve drawings, specifications, procedures,
instructions, reports, test results, calculations, schedules, or other data that are developed by
Supplier shall not relieve Supplier of any obligation set forth herein.
16. Incorporated Documents
16.1 The Specifications, Bid and Notices from OCSD are hereby incorporated into and made
a part of this Contract as though fully set forth hereat, and unless modified or changed
hereinabove, are controlling for all matters pertaining to the supply of Cationic Polymer and the
manner of performance thereof.
16.2 In the event of any conflict or inconsistency between the provisions of this Contract and
any of the provisions of the other incorporated documents, the provisions of this Contract shall
in all respects govern and control.
17. Permits. Ordinances and Reputations 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 Supplier. Fees demanded for obtaining certificates,
including associated inspection fees and expenses of regulatory body inspectors shall be paid
by Supplier.
18. Compliance With Law
18.1 Supplier 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.
18.2 In connection with the execution of this Contract, Supplier shall not discriminate against
employees or an applicant for employment because of race, religion, color, sex or national
origin. Supplier 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; layoff or termination;
rate of pay, or other forms of compensation; and selection for training, including apprenticeship.
19. Breach The waiver of either party of any breach or violation of, or default under, any
provision of this Cortract, 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 Supplier tc wF ch OCSD does not object shall not operate as a waiver of OCSD's
rights to seek remedies available to it for any subsequent breach.
20. 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.
Orange County Sanitation District 5 of 8 Specification No. C-2013-591 BD
Return to Mende Report
21. Disputes
21A 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, Supplier shall proceed diligently with the performance of this Contract and
in accordance with OCSD's decision.
21.2 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
ateroate dispute resolution process.
21.3 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 Contract, 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.
22. Remedies In addition to other remedies available in law or equity, it the Supplier fails to
make delivery of the goods or Services or repudiates 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 Supplier. In the event OCSD elects to "cover as described in (3), OCSD
shall be entitled to recover from Supplier as damages the difference between the cost of the
substitute goods or Services and the contract price, together with any incidental or
consequential damages.
23. Attomey'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.
24. 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. 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 Supplier. Supplier shall not
pay less than the prevailing wage.
25. South Coast Air Quality Management District's (SCAQMD) Requirements It is
Supplier'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.
Orange County Sanitation District 6 of 8 Specification No. C-2013-591BD
Return b Mende Report
26. Conflict of Interest and Reporting Supplier shall at all times avoid conflict of interest
or appearance of conflict of interest in performance of this Contract.
27. Supplier's Refedonshin to OCSD Supplier'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 Supplier's exclusive direction and control, and shall be
employees of Supplier and not employees of OCSD. Supplier 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.
28. Assignments Neither this Contract nor any interest herein or any claim hereunder may
be assigned by Supplier either voluntarily or by operation of law, nor may all or substantially all
of this Contract be further subcontracted by Supplier without the prior written consent of OCSD.
29. Third Party Rights Nothing in this Contract shall be construed to give any rights or
benefits to anyone other than OCSD and Supplier.
30. Non-Liability of OCSD Officers and Employees No officer or employee of OCSD
shall be personally liable to Supplier, or any successor-in-interest, in the event of any default or
breach by OCSD or for any amount which may become due to Supplier or to its successor, or
for breach of any obligation for the terms of this Agreement.
31. Read and Understood By signing this Contract, Supplier represents that he has read
and understood the terms and conditions of the Contract.
32. 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.
33. 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. This Contract
may be modified or changed only by written instrument in the forth of an amendment to this
Contract signed by both Parties.
Orange County Sanitation Dishict 7 of 8 Specification No. C-2013-5918D
Return to Mende Report
34. Notices All notices under this Contract must be in writing. Written notice shall be
delivered by personal service or 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. Rejection or other refusal to accept or
the inability to deliver because of changed address or which no notice was given as provided
hereunder shall be deemed to be receipt of the notice, demand or request sent. All notices shall
be effective when first received at the following addresses:
OCSD: Marc Dubois
Contracts/Purchasing Manager
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Supplier: Polydyne, Inc.
Each party shall provide the other party written notice of any change in address as soon as
practicable.
IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this
Contract to be signed by the duly authorized representatives.
ORANGE COUNTY SANITATION DISTRICT
Dated: By:
Chair Board of Directors
Dated: By:
Clerk of the Board
Dated: By:
Contracts/Purchasing Manager
POLYDYNE, INC.
Dated: By:
Print Name and Title of Officer
IRS Employer's I.D. Number
Orange County Sanitation District 8 of 8 Specification No. C-2013-591 BD
OPERATIONS COMMITTEE Meeting Date TOBA.of Dir.
05/07/14 OS/28/14
AGENDA REPORT ern Number Item Number
7 11
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: GISLER-REDHILL SYSTEM IMPROVEMENTS, REACH B,
CONTRACT NO. 7-37
GENERAL MANAGER'S RECOMMENDATION
A. Approve Amendment No. 6 to the Professional Design Services Agreement with
Tetra Tech, Inc., providing for additional engineering services for Gisler-Redhill
System Improvements, Reach B, Contract No. 7-37, for an additional amount of
$416,000 increasing the total amount not to exceed $1,475,479; and
B. Approve a contingency increase for an additional amount of$73,774 (5%).
SUMMARY
The Orange County Sanitation District's (Sanitation District) 1999 Strategic Plan
identified a portion of the Gisler-Redhill System Improvements, Reach B, Contract
No. 7-37, to be hydraulically deficient. Flow monitoring conducted in 2004 has also
confirmed that the sewer is flowing approximately 90% full, and hydraulic modeling
indicates that peak wet weather flows would exceed the capacity of the pipeline.
The original project scope of work included constructing a parallel larger diameter trunk
sewer line to increase capacity. Upon completion of this design, concerns were raised
by the City of Tustin (City) regarding traffic impacts the project would have on the
community and that the Sanitation District should look into alternative means to improve
the hydraulic deficiencies in the sewer system. A hybrid rehabilitation design was
completed that included cross connections between the trunk and parallel interceptor
line to maximize capacity of the existing system preventing potential spills but not
surcharges. This was a compromise, but allowed the project to move forward to reduce
risk of spills. Plans were nearing completion to rehabilitate the remaining hydraulically
deficient sewer.
Recently, the City completed a section of Tustin Ranch Road, a parallel roadway that is
designed to relieve traffic volumes from Redhill Avenue. The Sanitation District then re-
approached the City and obtained approval to design and construct a new sewer to
replace the capacity and condition-deficient section of the trunk sewer with a new larger
sewer in shoulder sections of Redhill Avenue. This revised scope of work provides a
long-term uncompromised design providing capacity to eliminate the risk of a spill and
avoiding surcharge while also reducing construction risks and impacts to the City by
moving the pipeline to a less congested area.
This Amendment is to provide additional engineering design services to prepare plans
and specifications for the revised project scope of work.
Page 1 of 3
PRIOR COMMITTEE/BOARD ACTIONS
August 2012 - General Manager approved Amendment No. 5 to the Professional
Services Agreement with Tetra Tech, Inc. for $65,000, increasing the total amount not
to exceed $1,059,479.
June 2012 — Approved an increase in contingency to the Professional Services
Agreement with Tetra Tech, Inc. for an additional amount of $81,520 (9%), increasing
the total contingency amount not to exceed $172,098 (19%).
January 2012 — General Manager approved Amendment No. 4 to the Professional
Services Agreement with Tetra Tech, Inc. for $88,700, increasing the total amount not
to exceed $994,479.
August 2011 — Approved an increase in contingency to the Professional Services
Agreement with Tetra Tech, Inc. for an additional amount of $45,289 (5%), increasing
the total amount not to exceed $90,578 (10%), and authorized staff to negotiate a
Professional Consultant Services Agreement with Tetra Tech, Inc. for construction
support services for the subject project.
April 2010 — Approved Amendment No. 3 to the Professional Services Agreement with
Tetra Tech, Inc. for $350,000, increasing the total amount not to exceed $905,779, and
approved a contingency of$45,289 (5%).
November 2005 — Approved Amendment No. 2 to the Professional Service Agreement
with Tetra Tech, Inc. for$194,399, increasing the total amount not to exceed $555,780.
October 2003 — Approved Amendment No. 1 to the Professional Service Agreement
with Tetra Tech, Inc. for$24,500, increasing the total amount not to exceed $361,380.
November 2001 — Approved Professional Services Agreement with Tetra Tech, Inc. for
a total amount not to exceed $336,880.
ADDITIONAL INFORMATION
Over the course of this project, the Sanitation District has been working cooperatively
with the City of Tustin, as well as the cities of Santa Ana, Irvine, and the Irvine Ranch
Water District, to design and construct this new sewer while minimizing impacts to the
busy street in this service area. This has caused some inefficiency in design yet we
have been able to find effective solutions to phase construction of portions of this line
using existing city construction contracts, as well as finding a new alignment that will
benefit both parties with an improved construction plan.
CECA
This project was included in the 1999 Strategic Plan Program EIR, certified on
October 27, 1999. A Notice of Determination was filed on October 29, 1999.
Page 2 of 3
BUDGET/PURCHASING ORDINANCE COMPLIANCE
This recommendation complies with authority levels of the Sanitation District's
Purchasing Ordinance. This item has been budgeted (FY2013-14 Update, Page A-7,
Item 30), and the budget is sufficient for the recommended action.
Date of ADuroval Contract Amount Contingency
11/28/01 (Org. PSA) $ 336,880
10/30/03(GM Amend. No. 1) $ 24,500
11/16/05(Board Amend. No. 2) $ 194,399
04/28/10(Board Amend. No. 3) $ 350,000 $45,289
08/24/11 (Board Contingency Increase) $45,289
01/03/12(GM Amend. No.4) $ 88,700
06/27/12(Board Contingency Increase) $81,520
08/07/12(GM Amend. No. 5) $ 65,000
05/28/14(proposed Amend. No. 6) $ 416,000 $73,774
TOTAL $1,475,479
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.com) with the
complete agenda package and attachments:
PDSA Amendment No. 6
RT:HK:dm:gc
Page 3 of 3
Return to Mends Report
AMENDMENT NO. 6 TO AGREEMENT
THIS AMENDMENT NO. 6 TO AGREEMENT, is made and entered into to be
effective the 28th day of May, 2014, by and between the ORANGE COUNTY SANITATION
DISTRICT, hereinafter referred to as "SANITATION DISTRICT', and TETRA TECH, INC.,
of Irvine, California, for purposes of this Agreement hereinafter referred to as
"CONSULTANT".
WITNESSETH:
WHEREAS, the SANITATION DISTRICT and CONSULTANT have previously
executed an Agreement dated November 28, 2001, together with Amendment No. 1 dated
October 30, 2003, Amendment No. 2, dated November 16, 2005, Amendment No. 3, dated
April 28, 2010, Amendment No. 4, dated January 3, 2012, and Amendment No. 5, dated
August 7, 2012, for professional design services for Gisler-Redhill System Improvements,
Reach B, Contract No. 7-37; and,
WHEREAS, the SANITATION DISTRICT has determined that additional design
services are required; and,
WHEREAS, CONSULTANT is qualified to provide the necessary services in
connection with these additional requirements based on its demonstrated competence and
has agreed to provide the necessary engineering services, and has been selected in
accordance with the SANITATION DISTRICT selection policy regarding professional design
services; and,
Amendment No. 6 -1- Contract No. 7-37
Revised 12/01/10
WHEREAS, the SANITATION DISTRICT acting through its Director of Engineering
has negotiated with CONSULTANT, and has certified the final negotiated fee for said
services as reasonable, and,
WHEREAS, the Board of Directors has approved this Amendment No. 6 between
the SANITATION DISTRICT and CONSULTANT.
NOW, THEREFORE, in consideration of the promises and mutual benefits, which
will result to the parties in carrying out the terms of this Amendment No. 6, it is mutually
agreed as follows:
1. CONSULTANT agrees to provide services necessary to the SANITATION
DISTRICT'S Gisler-Redhill System Improvements, Reach B, Contract No. 7-37, as outlined
in attached letter dated April 15, 2014, designated as Exhibit"A", attached hereto and by
this reference made a part of this Amendment No. 6 to Agreement.
2. Article 2 of that certain Agreement dated November 28, 2001, together with
Amendment No. 1 dated October 30, 2003, Amendment No. 2, dated November 16, 2005,
Amendment No. 3, dated April 28, 2010, Amendment No. 4, dated January 3, 2012, and
Amendment No. 5, dated August 12, 2012, between the SANITATION DISTRICT and
CONSULTANT is hereby amended to increase the total compensation by $416,000 from
$1,059,479 to an amount not to exceed $1,475,479, all in accordance with the same terms
and conditions as otherwise specified in Article 3 and the other provisions of said
Agreement.
Amendment No. 6 -2- Contract No. 7-37
PWMd r2rovw
Return to Mende Report
3. The additional compensation authorized hereby and sums paid by the
SANITATION DISTRICT to CONSULTANT pursuant hereto shall be based upon and
allocated as follows:
Current Contract Amount Change per Amended
(includes Amendments)' Amendment No. 6 Agreement
Engineering Services,
(direct labor at hourly rates
plus overhead at 170%),
Not to Exceed $ 762,120 $ 320,263 $ 1,082,383
Subsoncultant Fees and
Costs, Not to Exceed $ 214,179 $ 60,500 $ 274,679
Profit 8.2% $ 68,118 $ 26,261 $ 94,379
Direct Costs, Not to Exceed $ 15,060 $ 8,976 $ 24,036
Total Not To Exceed $ 1,059,479 $ 416,000 $ 1,475,479
4. The SANITATION DISTRICT agrees to pay CONSULTANT on a monthly basis
pursuant to invoices submitted to the SANITATION DISTRICT from CONSULTANT and as
approved by the SANITATION DISTRICT's Director of Engineering.
5. This modifying Amendment is supplemental to the Agreement dated
November 28, 2001, together with Amendment No. 1 dated October 30, 2003, Amendment
No. 2, dated November 16, 2005, Amendment No. 3, dated April 28, 2010, Amendment
No. 4, dated January 3, 2012, and Amendment No. 5, dated August 12, 2012, and is by
reference made a part of said Agreement. All of the terms, conditions, and provisions
thereof, unless specifically modified herein, shall continue in full force and effect.
Amendment No. 6 -3- Contract No. 7-37
R.wd 12MI110
6. In the event of any conflict or inconsistency between the provisions of this
Amendment and any of the provisions of the original Agreement and Amendment Nos. 1, 2,
3, 4, and 5, the provisions of this Amendment No. 6 shall in all respects govern and control.
Amendment No. 6 -4- Contract No. 7-37
Pev 12MI110
Return to Agenda Report
IN WITNESS WHEREOF, this Amendment No. 6 to Agreement has been executed
in the name of the SANITATION DISTRICT by its officers thereunto duly authorized and
executed by CONSULTANT as of the day and year first above written.
ORANGE COUNTY SANITATION DISTRICT
ey
James D. Herberg Date
General Manager
By
Clerk of the Board Date
TETRA TECH, INC.
By
Date
By
Date
ORANGE COUNTY SANITATION DISTRICT
By
Marc Dubois Date
Contracts/Purchasing Manager
HK:dm
EDMS:003981360915.1h
Amendment No. 6 5- Contract No. 7-37
Revised 12M1110
Exhibit "A"
OTETRATECH
April 15,2014
Mr.Hardat Khublall,Project Manager
Orange County Sanitation District
10544 Ellis Avenue
Fountain Valley,CA 92708
Reference: Gisler-Redhill System Improvements,Reach B,Contract No.7-37
Fee Proposal for Amendment No.6
Dear Mr.Khublall:
Tetra Tech appreciates this opportunity to submit this proposal to provide professional engineering
services for Amendment No. 6 to our Professional Design Services Agreement for Gisler-Redhill
System Improvements,Reach B.Contract No.7-37. We value the relationship that we have built with
OCSD on this project and with the SARI project and want to expand it again with Amendment No.6.
Our past work on the Gisler-Redhill System Improvements,Contract No. 7-37,makes us the best team
to complete this work. The following fee proposal for Amendment No. 6 is based on the Scope of
Work included within OCSD's March I lo, 2014 correspondence with Tetra Tech and our negotiation
meeting on April So,2014.
Summary of Design Changes
Upsize the trunk sewer between Edinger Avenue and Warner Avenue,similar to the November 2006
plans, except increasing the existing size by two pipe sizes. The replacement sewer will be located
along the proposed easterly widened section of Redhill Avenue as discussed and agreed upon with the
City of Tustin.Delete the rehabilitation design of the existing trunk within the subject reach and instead
prepare plans for abandoning the replaced portion of the trunk sewer system.
The City has indicated that Warner Avenue and Redhill Avenue intersection may be completed this
spring and would prefer not to have any concoction within the intersection after the street
improvements are completed. Tetra Tech may need to prepare a separate construction bid package
consisting of all intersection work to be included in the City's bid package to have the City construct on
behalf of OCSD. H required,Tetra Tech's scope of work will include concoction support services for
this separate bid package.
Modified Scope of Work for Amendment No.6
Task 6.1—Basis of Design(DSI)
Based on Tetra Tech's background of the project and the design completed during the original scope
and Amendments No. 3 through No. 5, it was decided that Design Submittal 1 (DSI) will not be
required for the mvised scope of work. We are recommending updates to the previous design
memorandums as described within DS3 scope of work to m1ablish/finalize the Basis of Design.
Tetra Tech, Inc.
17M Van Kerman Avenue,Suit.son.Irvine,CA 92614.6213
TeI249.809.5000 Fes 949.809.5010 ..tetratech.can
Return to Mends Report
W.Handal Khublall
April 15,2014
Page 2
Task 6.2—Design Submittal (DS2)
Based on Tetra Tech's background of the project and the design completed during the original scope
and Amendments No. 3 through No. 5, it was decided that Design Submittal 2 (DS2) will not be
required for the revised scope of work. We are recommending updates to the previous design
memorandums as described within DS3 scope of work to establish/finalize the Basis of Design.
Work Package 3253—Design Submittal 3 and Final Design
Task 6.3—Design Submitial3(DS3)
For this submittal,all documents required for the final submittal shall be included.This submittal shall
include all finished, checked and complete plans and specifications as well m finalized databases,
reports,construction schedules,cost estimates and other project documentation as described below.No
new drawings and/or specification sections by Tetra Tech are expected after this stage.
The project is essentially finished and submitted as 100% complete. The only missing effort is the
District's final review with comment incorporation.The DS 3 Submittal shall include the following:
• Project Support Documentation consisting of calculations,phone/fax quotes, catalog cuts,and
meeting notes.
• Final Basis of Design Technical Memorandums
Final Basis of Design consisting of the final Technical Memorandums summarizing all of the
recommendations to be concocted by this project This document shall serve as the final and complete
basis of design document for the project. As such it must contain sufficiently comprehensive and
detailed information that it can be used in the future to understand all the design decisions.
6.3.1—Update Hydraulic Analysis Memorandum
Tetra Tech's August 25, 2011 Hydraulic Analysis Memorandum will be updated to the new design
direction,replacement of the existing trunk sewer,upsized by two pipe sizes,between Edinger Avenue
and Wainer Avenue. Tetra Tech is proposing to have RMC perform the hydraulic modeling. We are
proposing to have the following scenarios inn with the replacement trunk sewer as part of the analysis:
Year 2030 peak dry weather and peak wet weather flows;and low flows within the replacement conk
(determine the lowest flow occurring during Year 2030 dry weather flows per the model and time step
function to evaluate the minimum velocity within the pipe).
6.3.2—Update RehabMzdon of Trunk and Interceptor Memorandum
OCSD will conduct a new CCTV inspection of all of the trunk and interceptor pipelines and provide
video to Tetra Tech. Tetra Tech will conduct a condition assessment of all manholes and r vafidate all
CIPP lining and manhole rehabilitation design.Based on the review,Tetra Tech will update the August
25a,2011 Rehabilitation of the Trunk and Interceptor Memorandum.
TETRA TECH
Mr.Hardat Khublall
April 15,2014
Page 3
6.3.3—Additlonal Geotechnical Investigation
Tetra Tech will retain Leighton Consulting, Inc. to conduct a geotechnical investigation of the new
alignment. We are assuming a total of seven (7)soil borings to at least five feet below the proposed
pipeline(six borings between Edinger and Warner and one boring at Mitchell and Redhilp. Leighton
will prepare an addendum to the previous Gwtechnical Report dated June 2004.The addendum report
shall present findings, conclusions and recommendations for the design of the proposed sewers. The
report shall include, at a minimum: the potential groundwater presence and levels; construction
dewatering requirements including dewatering well(s) design criteria; trench shoring requirements;
settlement potential;excavatibility of the soils;and foundation design data for new manholes.
As an optional item of work, a Geotechnical Baseline Report(GBR)can be provided if GCSD decides
it is required. The GBR will provide interpretive and baseline gwtechnical conditions that are
considered to be relevant to the proposed project and the associated construction activities. The report
will include: Purpose and limitations of the GBR; Project Description; Geotechnical data; Project
geologic setting; Baseline conditions of subsurface materials and groundwater conditions; and
Construction considerations.
6.3.4—Alignment Selection
Tetra Tech will evaluate and select an alignment along the proposed easterly widened section on
Redhill Avenue as discussed and agreed upon with the City of Tustin on February 27, 2014. The
following is a brief summary of the work to be performed:
• Perform a new utility research and update the base maps that were prepared as part of the 2006
construction plans.
• Show the proposed widening street improvements to the base map.
• Perform a detailed field walk to locate all above ground facilities within the existing parkway.
• Evaluate the potential impacts to the adjacent properties or above ground
facilities/improvements with the new alignment(assuming the trunk sewer will be constructed
prior in the widening of the street).
• Prepare a Memorandum summarizing the alignment selection and the improvements impacted
by the construction of the new conk sewer.
6.3.5—Update Bypass Plans including Hydraulics
Tetra Tech will update the conceptual flow handling plans for the CIPP construction activities with the
new upsized trunk sewer, all sewer connection locations, and the new lateral connections.Tetra Tech
will determine if bypass pumping is still required if the work is sequenced after the construction of the
new conk sewer. Tetra Tech will prepare a memorandum summarizing our findings and
recommendations.
6.3.6—Construction Cost Estimate and Schedule
• Prepare Preliminary Construction Sequencing Plan, & Schedule. Tetra Tech will develop a
detailed construction sequencing plan and construction schedule.
TETRA TECH
Return to Mends Report
Mr.Hardat Khublall
April 15,2014
Page 4
• Prepare Preliminary Construction Cost Estimate(see Engineering Design Guidelines,Chapter
01,Section 01.4.6"Construction Cost Estimate'for requirements)
6.3.7.Construction Schedule
Detailed CPM Schedule based on the Preliminary Construction Sequencing Plan and quantify take-offs
from the contract documents. Provide printed version in Gantt chart format.
Provide electronically using Primavera Pmject Planner. The goal is to develop a realistic schedule
based on project information not roles of thumb. (see Phase 3—Final Design of this Scope of Work,
General Design Serviccs,Task 3.9 "Subconsultants" for requirements.) It should be noted that Tetra
Tech is assuming that cost loading will not be required on the schedule.
6.3.8—DS3—Plans
Provide final drawings for:
• All General drawings
• All Civil drawings and details
• All Pipeline Plan and Profile drawings
• Ali Pipeline Detail drawings
• All Demolition and abandonment drawings
• All Manhole Details
Based on our understanding of the project,we envision the following plans:
Cover Sheet(modified)
General Notes,Symbols,and Abbreviations(updated)
Index of Drawings and Schedule of Work(new)
Horizontal Control Plan(new)
Trunk Sewer Plan and Profile including abandonment(6 sheets)(new)
Connection/Manhole Detailed Plans(5 sheets)(new)
Lateral Reconnection Profiles—8 laterals(2 double profile sheets)(new)
Site Restoration Plans—Warner to Edinger(6 sheets)(new)
Manhole Rehabilitation—7 sheets(3 sheets modified—Warner to Edinger)
Interceptor Sewer Rehabilitation Plan and Profile(5 sheets)(3 sheets modified)
Trunk Sewer Rehabilitation Plan and Profile(2 sheets)(existing)
Newport Ave Repair Plan and Profile(existing)
Redhill Repair Plan and profile(existing)
Paving Plan for Newport and RedhiB(existing)
Warner,Valencia and Edinger Paving Plan(new)
Civil Details(C5001 to C5007)(modified)
Miscellaneous Details including Paving Sections(1 sheet)(new)
Concept Traffic Plans(C8001 to C8016 and C8021 to 8023)existing
Concept Traffic Plans(C8024 to 8025)(modified)
Concept Traffic Plans for Trunk Sewer Replacement(30 sheets)(new)
Constmction Area Signs(1 sheet)(new)
Typical Traffic Control Sheets(2 sheets)(new)
TETRA TECH
Mr.Hardat Khublall
April 15.2014
Page 5
Tetra Tech is assuming that the Contractor will be required to prepare Traffic Control Plans for the new
conk construction and his CCTV and Manhole Rehab work. The two typical sheets will provide the
Contractor with the understanding of the requirements and quality of the traffic control plans that the
City will be expecting to be submitted for permit. It is Tetra Tab's opinion that this will provide the
bidders with adequate information to bid the project and will ensure the Contractor will have a good
understanding of the traffic control requirements and the level of effort required for the preparation of
the traffic control plans.
The following is summary of the conceptual traffic plans for the conk replacement sewer construction:
Warner crossing—3 phases;typical for Warner to Bell; typical lateral crossing—3 phases; typical for
Bell to Valencia; crossing Valencia— 3 phases; crossing Redhill @ Valencia— 3 phases; typical for
Valencia to Santa Fe; lateral at Santa Fe — 3 phases; typical for Santa Fe to Industrial; crossing
Industrial—3 phases;lateral at Industrial—3 phases;typical for Industrial to Edinger;crossing Edinger
— 3 phases; and crossing Redhill at Edinger—3 phases. Two of these phases will be included in the
typical traffic control sheets.
Tetra Tech will also refer to the OCSD's Engineering Design Guidelines, Sections 01.4, 01.7, 10.2,
10.14, 11.3, and 11.4; and applicable sections of Appendix A for additional design submittal
requirements.
6.3.9—DS3—Specffrcalfons
For DS 3 Tetra Tech will provide final technical specifications (Divisions 02-17). Tetra Tech will
provide final Additional General Requirements(Division 01),edited and customized to the project.
Provide final specifications except for bid documents and Division 00-General Conditions(which will
be prepared by OCSD, except that the draft final schedule of prices,project milestones, and warranty
requirements shall be provided by Tetra Tech). Final technical specifications and AGRs shall reflect
design decisions made to this point in the design.
6.4—Final Design Submittal
Descriptions of the tasks and deliverables for Final Design Submittal are provided below.
6.4.1 Final Design Submittal(FDS)
This submittal shall include all finished, checked and complete plans and specifications as well as
finalized databases,reports,construction schedules, cost estimates and other project documentation as
described below. We are assuming that there will be very minimum comments, if any, on any of the
sheers that were included within the 2013 concoction plan set that was completed to final design.
The FDS shall include the following:
• Written response log to OCSD comments received on DS3
• Final Plans and Specifications
• Final Construction Schedule in Gantt chart format using Primavera Project Planner. Tetra
Tech has assumed that cost loading of the schedule will not be required.
TETRA TECH
Return to Mends Report
Mr.Hardat Khublail
April 15,2014
Page 6
• Project Support Documentation consisting of calculations, phonelfax quotes, catalog cuts,
design period memoranda, and meeting notes. (see Appendix A, Design Guidelines Sections
A.3.19"Project Support Documentation" for requirements)
All OCSD comments on the previous submittal,including from OCSD's Safety group, workshops and
constructability reviews, shall have been resolved, rejected, addressed and/or incorporated in this
submittal.
Tetra Tech will not add any new drawings or make any changes to the plans or specifications that are
not a result of comments received by OCSD or a final in-house quality control check. Terra Tech will
document in-house changes and submit them in OCSD along with the FDS.
Tetra Tech's checking shall include a review of all deliverables within each discipline(i.e. drawings,
detailed specifications,project support documentation,etc.)and an in-house Integrated Multidiscipline
Design Quality Review of all deliverables to ensure that every document is consistent with all other
documents containing the same equipment. Tetra Tech will incorporate corrections into the project
deliverables prior to FDS.
A copy of the in-house Integrated Multidiscipline Design Quality Review comments with Tetra Tech's
detailed responses, written next to each respective checker's continents on the checked Contract
Documents,shall be made and submitted to OCSD along with the FDS.
Refer to the Engineering Design Guidelines, Sections 01.4, 01.7, 10.2, 10.14, 11.3, and 11.4; and
applicable sections of Appendix A for additional design requirements. The FDS submittal shall be
reviewed by OCSD's Safety Department in accordance with the OCSD's safety policies. The process
of assisting OCSD in obtaining the required permits,as specified in Task 6.8—'Temdlling".shall have
been completed(City of Tustin,City of Santa Ana,and City of Irvine).
Final submittal deliverables shall consist of camera ready documents and digital documents, suitable
for final reproduction by OCSD. In addition, the FDS shall include remaining project support
document on paper form consisting of calculations, phonetfax quotes, catalog cuts, design period
memoranda, and meeting notes. All plans and detailed specifications and engineering calculations
shall be stamped and signed by a Registered Engineer in the State of California.
GENERAL DESIGN SERVICES
General Design Services includes tasks that will be performed by Tetra Tech throughout Amendment
No. 6. These tasks are included in a separate section of the Scope of Work to facilitate tracking of
man-hours and fees by Tetra Tech and OCSD. These services include: project management,
workshops and meetings,quality control,and permitting.
Task 6.S—Project Management
Tetra Tech will be responsible for detailed management of the project including the Subconsultants and
shall keep OCSD apprised of the status of the project.
TETRA TECH
Mr.Hardat Khublall
April 15,2014
Page 7
Tetra Tech will not reassign the key personnel without prior approval of OCSD per Section 8 of the
Professional Services Agreement. OCSD may request reassignment of any of the Consultant's
personnel,based on that individual's unsatisfactory performance.
Tetra Tech will conduct monthly project meetings with OCSD's Project Manager.These meetings shall
be attended by OCSD's Project Manager and Tetra Tech's Project Manager at a mutually agreeable
time, generally around the second week of the month and are assumed to be about two hours in
duration.The purpose of the meetings shall be to review Terra Tech Project Manager's report and the
status of the project scope,schedule,budget and any issues which may affect completion of the project.
Meetings should be arranged so that the progress report can be submitted at each meeting. One of the
monthly project meetings will incorporate a safety meeting.
Tetra Tech will submit an updated WBS, Progress Reports, Project Invoices, project schedule and
progress schedule on a monthly basis. Tetra Tech will include fees for General Design Services related
to Addendum No.6 under this section of the proposal.
Task 6.6—Workshops and Meetings
Tetra Tech will hold meetings and workshops throughout the project to keep OCSD apprised of the job,
review work-in-progress, share information, discuss project submittals, present findings of technical
analyses,receive and resolve comments, and obtain decisions and direction by OCSD staff. This task
defines the major meetings and workshops to be held by Tetra Tech in accordance with the
requirements of OCSD's Engineering Design Guidelines.Tetra Tech will also hold additional meetings
as required to keep OCSD apprised of the job, to review work-in-progress, and to receive and resolve
comments.
Tetra Tech will prepare and submit an agenda to OCSD (hard copy and e-mail)for review at least one
week prior to each meeting or workshop. The agenda package shall include a copy of the formal
agenda and applicable review materials such as draft design criteria, design memoranda, associated
drawings and specifications,to support meeting or workshop goals.Tetra Tech will prepare minutes for
each workshop or meeting and submit them to the OCSD's Project Manager for approval within three
(3)business days following the meeting or workshop.
Informal meetings such as office meetings shall be recorded as follows:
• Tetra Tech will notify the Project Manager/Project Engineer prior to the meeting
• Tetra Tech will prepare minutes for the meeting
• The minutes shall be submitted to the Project Manager/Project Engineer and the Project Team
• After review and modification,the minutes will be filed as a formal record of the meeting
• Meetings that do not follow this procedure will not be recognized as having occurred
Tetra Tech will prepare for all telephone and teleconferencing meetings in the same manner as outlined
above.Tetra Tech will refer to the Project Schedule to determine OCSD review period for each major
milestone submittal (usually accompanied by a workshop). Tetra Tech will continue to work on the
project during the review period of major milestone submittals. At the end of the review period,Tetra
Tech will meet with OCSD staff to receive and review OCSD comments.
TETRA TECH
Return to Agenda Report
Mr.Hardat Khublall
April 15,2014
Page S
A copy of all comments on project issues obtained by Tetra Tech from OCSD staff without direct
OCSD Project Manager's involvement shall be submitted for the Project Manager's approval within
three(3)business days of receipt.
Upon receipt of OCSD comments on each project submittal and each set of meeting or workshop
materials, Tetra Tech will address the comments and submit a legible set of all OCSD comments
together with Tetra Tech's detailed responses, each written next to the respective OCSD comment.
OCSD will provide a template for submission of these comments. A hard copy of the responses shall
be submided no later than 30 days after receipt of the OCSD comments and at least 30 days prior to the
next submittal date. Tetra Tech will keep an ongoing record of decisions made on the project in a
"Decision Log" and will submit a copy of the updated Decision Log with each monthly Progress
Report. The Decision Log format shall be provided by OCSD.
Submittals that contain gross deficiencies or errors requiring a significant amount of OCSD staff time
for checking shall be returned without review until OCSD is satisfied that a thorough Tetra Tech's
review,checking and correction for coherence,consistency,spelling,etc.has been performed.
Task 6.6.1 Workshops
The focus of workshops is to review project progress to date and the technical decisions that have been
made. Tetra Tech will conduct the following workshops in Amendment No.6.
Basis of Desien Technical Memorandums Workshop Basis of Desien Workshop)
Basis of Design workshop shall be held to review the Final Basis of Design Technical Memorandums
summarized within Task 6.3 above.
Design Submittal Workshop 3(DS3 Workshop)
The DS3 submittal workshop shall be held to review all elements required in the DS3 submittal.
Basis of Design and DS3 Workshop
The Basis of Design and DS3 workshops shall be held to review the Basis of Design Technical
Memorandums and DS3 submittal.This workshop shall be held immediately following the submittal of
the Basis of Design Technical Memorandums and the DS3 submittal. The Consultant staff required at
this workshop shall include:
• Project Manager The primary focus will be to review the consultant's quality control by reviewing every drawing and
specification. new workshops shall be 4-hours in length,each.OCSD has agreed that there will not
be a Final Design Workshop and therefore, we have not included attendance at a Final Design
Workshop in our proposal.
TETRA TECH
W.Handal Khublall
April 15,2014
Page 9
Tark 6.7—Quality Control
All elements of the Consultant's Quality Assumnce/Quality,Control (QA/QC)Plan developed for the
SARI Project—Preliminary Design shall also apply to Amendment No.6. It has been assumed that no
additional documents will need to be prepared to facilitate a District requested QA/QC audit of the
Consultant's work to ensure conformance with the QA/QC Plan. Tetra Tech will be required to submit
a copy of the QA/QC plan and its implementation,if requested by OCSD.
Task 6.8—Pertaining
Tetra Tech will assist the District in obtaining the City of Tustin, City of Santa Ana, City of Irvine,
Railroad and other required permits.We have assumed that new submittal packages will be required to
the City of Santa Ana, City of Wine and the Railroad. For the City of Tustin, we have assumed a
maximum of six (6) meetings will be required during the design process to obtain the permit for the
new design.
Tack 6.9—Separate Construction Bid Package for Warner and Redkill(folk may be deleted)
The City of Tustin has indicated that Warner Avenue and Redhill Avenue intersection street
improvements may be constructed this spring. The City prefers not to have any construction within the
intersection after the street improvements are completed.The following task may be deleted if the City
delays the construction of the street improvements to after the construction of the new replacement
conk sewer. The following is a summary of the level of effort to prepare a separate construction bid
package consisting of all of the new replacement sewer construction within the intersection to be
included in the City's bid package so that the City will construct the pipeline on behalf of OCSD.
• Prepare a Technical Memorandum summarizing the hydraulic analysis to detemdne if the
interconnection between the book and interceptor can occur upstream of Warner Avenue,
eliminating the requirement to construct within the intersection.
• Prepare a plan and profile of the new replacement bond,sewer and necessary details and traffic
control concepts to be included in the City's bid package. This is the additional effort to
remove from the overall design package and include in a separate plan set.
• Prepare a separate Construction Cost Estimate for this work.
• Prepare a separate Specification package for this work including a bid schedule.
• Additional submittals to Santa Ana and Tustin due to separate bid package.
• Additional meetings with City of Tustin and City's designer of the street improvements. For
this proposal,we have assumed an additional four(4)meetings with the City.
• Additional bid support services for this separate bid package. This includes attendance in a
pre-bid meeting, evaluation of the submitted bids, fumish consultation and advise to OCSD
staff regarding the potential award of the Contract, and attendance in two (2) negotiation
meetings with the City to discuss award of the contract
Work Package 3254—Bid Support Services
Task 6.10—Bid Support Services
Tetra Tech will provide the following bid period services:
TETRA TECH
Return to Mends Report
Mr.Hardat Khublall
April 15.2014
Page 10
• Participate in the pre-bid meeting
• Respond to questions and provide answers as appropriate and feasible.
• Prepare project drawing set and project specification addenda to provide clarification and
resolve ears and omissions identified prior to bid opening
• Within two weeks of the bid date, prepare conformed documents set (drawings, databases,
specifications and other required materials) that incorporates the addenda (see Engineering
Design Guidelines, Chapter 01, Design Guidelines — General Requirements, Section 01.4
"Preparation of Project Deliverables"for requirements as modified in Section V of this Scope
of Work, "Modifications to the Engineering Design Guidelines" and the requirements of the
CAD Manual).
• Participate in reviewing alternate equipment proposals from the contractor,if applicable.
Work Package 3258—Environmental Documentation
Task 6.11—Environmental Documentation(task may be deleted and performed by OCSD)
Tetra Tech has reviewed the OCSD's "1999 Strategic Plan Final Program Environmental Impact
Report",dated October 1999,in its final version to assess if the proposed new design is covered under
this EIR.Although the EIR does analyze this project at the project level(versus the program level, as
many of the 1999 EEL projects planned for later years were addressed),the current project disturbance
footprint exceeds the area analyzed in the 1999 EIR, and now incorporates unpaved area along the
eastern side of Red Hill between Warner and Edinger not addressed in the EIR. As indicated in the
EIR for biological resources (page 7.3-1, and in Mitigation Measure 7.3-1), if the District modifies a
project alignment such that unpaved vegetated area would be disturbed, the District would conduct
additional California Environmental Quality Act (CEQA) review as appropriate to address potential
impacts to biological resources.
Term Tech proposes a limited work effort to conduct the additional CEQA review for the new design.
Preparation of an Addendum to the 1999 Strategic Plan EIR is proposed. Circulation of an EIR
Addendum for public review is not required, hence allowing a more compact schedule. An EIR
Addendum can also be narrowly focused on those areas where changes to the original project are
planned. For topical areas where project changes are proposed, such as biological resources, limited
technical analysis is required to support that there has been no substantial change from the previous
1999 EIR analysis.
In the 15 years since the Strategic Plan EIR was prepared,analysis of greenhouse gas(GHG)emissions
has been incorporated into the CEQA checklist Conducting additional CEQA review through the
preparation of an EIR Addendum is not felt to trigger the need for a GHG analysis, however. While
some public commenters on other projects have made the argument that additional CEQA
documentation required GHG analysis, case law has upheld that modifications to an environmental
document prepared before the GHG requirement was imposed do not trigger the need for a GHG
analysis. The reasoning has been that climate change was a known phenomenon in the 1980's and
1990's, and does not represent a new significant area for analysis. A technical GHG analysis is,
therefore,not considered a requirement and is not included in this scope of work.
The scope of work that follows consists of three tasks:
TETRA TECH
Mr.Harder Khublall
April 15,2014
Page 11
Task 6.11.1—Project Iniff rtion and Organfzodon
Tetra Tech's CEQA specialist will perform a site visit, review project plans, assess additional data
requirements, and finalize the scope of work and schedule for obtaining the required CEQA clearance
for the new design.
Task 6.11.2—Prepare and SubmirAdminisrrnfive Draft EIR Addendum
Tetra Tech will prepare a complete HER Addendum, using the CEQA checklist. The discussion will
explain by topical area why the 1999 EEL analysis still applies, based on lack of substantial change
from the previous analysis.
As an initial step, a draft project description for the project with supporting Site Plan exhibit, based
upon the site visit and review of project and reference materials, will be prepared for review by the
project team to confirm its accuracy and completeness.Environmental issues from the CEQA checklist
identified as requiring an expert level of technical analysis are limited to biological resources, and
hazards/hazardous materials(database search and interpretation only).
The following technical items will be provided to support the EIR Addendum: 1) a Geld visit by a
biologist followed by a letter report addressing site and surrounding biological resource conditions,and
addressing potential impacts (to be performed by subconsuimnt PCR); and 2) a database search for
hazards/hazardous materials.
Three hard copies and electronic Word and PDF files of the Administrative Draft EIR Addendum will
be submitted to OCSD.
Task 6.11.3—Prepare Revisions and Submit Draft EIR Addendum
Revisions to the Administrative Draft EEL Addendum will be made in response to one set of comments
by OCSD. Three hard copies and electronic Word and PDF files of the Draft EEL Addendum will be
provided to OCSD. Tetra Tech will produce up to 20 copies of the Draft EIR Addendum for OCSD
use and files.
Task 6.11.4—Additional Technical Studies(Optional Task)
To make sure there is no grounds for questions on the CEQA documentation, OCSD may consider to
include the Air Quality Greenhouse Gas (AQ/GHG) emissions analysis. This will additional CEQA
documentation, while not required, may be worthwhile to make sure no comments from the public
would slow the project down.The following task is an optional task which can be deleted by OCSD.
The additional technical studies include air quality and GHG analysis, a construction-phase technical
analysis for fugitive dust and greenhouse gas emissions. Transportation/traffic and noise technical
specialists will be contributing to the EIR Addendum at a general level, but no detailed, specific
technical analyses for these issue amas are included in this scope of work.
TETRA TECH
Return to Mende Report
Mr.Handal Khublall
April 15,2014
Page 12
Work Package 3350—Construction Support Services(task may be deleted)
Task 6.11—Construction Support Services
This task is for providing construction support services for the construction of the new replacement
trunk sewer within Warner Avenue and Redhill Avenue within the City's bid package. It is our
understanding the Tetra Tech will provide construction support services for the bid package included
within Amendment No.6 but that this scope and fee will be negotiated at a different date.
This task may be deleted if Tetra Tech is not required to perform the above Task 6.9.The following is a
description of the construction support services that we will provide for this separate bid package:
• Perform shop drawing review of fifteen(15)submittals.
• Respond to five(5)Requests for Information(RFIs).
• Attend two(2)meetings with the City,Contractor and OCSD.
• Prepare record drawings.
Project Team
The following is our proposed Project Team for this work:
Sr.Project Manager: Mr.Tom Epperson,P.E.
Project Manager: Mr.Mark Bush,P.E.
Project Engineer: Laurence Baguette,P.E.
Design Engineer: Kyle Bohn,P.E.and Molly Jewett,P.E.
QA/QC: Steve Tedesco,P.E.
CEQA: Emilie Johnson,AICP
We have added the following subcwnsultsnts to our project team:
Hydraulic Modeling: RMC Water and Environment
Traffic Control Concepts: PMK Associates
PCR CEQA Support
Schedule
The following is our preliminary schedule in complete Amendment No.6 and provide OCSD with final
bid documents for the entire project:
Milestones Approximate Date
Notice to Proceed June 9o,2014
Update Hydraulic Analysis July 2a,2014
Obtain New CCTV July 71h,2014
Alignment Selection Memo July go,2014
Update Rehab Memo July 291h,2014
Update Bypass Memo August S1° 2014
Geotechnical Report August 261h,2014
Submit EIR Addendum September 91°,2014
TETRA TECH
Mr.Hardat Khublall
April 15,2014
Page 13
Submit DS3 to OCSD and City September 96,2014
Receive Comments from OCSD September 29ih,2014
Receive Comments from City October 70,2014
Submit FOS to OCSD and City November 40,2014
Receive Comments from OCSD November 240.2014
Receive Comments from City December 80,2014
The above preliminary schedule is based on timely reviews by OCSD and the City of Tustin.
Basis of Fee
Based on the above modified abbreviated scope of work, Tetra Tech submits the following not-to-
exceed fee:
Task Description Badger
Work Package 3253—Design Submittal 3 and Final Design
Task 6.3.1 to 6.3.5: Update Final Design Memorandums $ 65,000
Task 6.3.3 Optional GBR(Gcotechnical Baseline Report) $ 8,000
Task 6.3.6 to 6.3.9: Design Submittal 3(DS3) $ 148,500
Task 6.4: Final Design Submittal(FDS) $ 53,700
Task 6.5: Project Management $ 25,000
Task 6.6: Workshops end Meetings $ 9,000
Task 6.7: Quality Control S 15,600
Task 6.8: Permitting S 17.400
Task 6.9: Separate Bid Package at Water(Deleteable) S 17,000
Submmlfor Work Package 3252 $359,200
Work Package 3254—Bid Support Services
Task 6.10: Bid Support Services $ 5,000
Work Package 3258—Environmmtal Documentation(Deleteable)
Task 6.11.16.I1.3: Environmental Documentation $ 18,600
Task 6.11.4: Additional Technical Studies(Optional) $ 14,800
Submml for Work Package 3258 $ 33,400
Work Package 3350—Construction Support Services(Deleteable)
Task 6.12: Construction Support Services $ 18.400
Total Not-to-Exceed Budget Amount S 416,000
Attached are the following: summary of our estimated hours per task, and other associated costs; cost
summary matrix; profit summary; and assumed billing rates. We are proposing to submit monthly
invoices for tasks completed with the above not-to-exceed budget.
TETRA TECH
Return to Aaenda Report
Mr.Hardat Khublal]
April 15,2014
Page 14
The following is a summary of our proposed compensation:
Consulting Services Including:
Burdended labor: $ 118,616
Overhead at 170%: $ 201.647
Profit(includes burdened labor and overhead)at 8.2%: 26,261
Subtotal—Consulting Services
(including burdened Iabor,Overhead,and Profit,not-to-exceed): $ 346,524
Subconsultant Services:
Subconsultant fees,not to exceed: $ 60,500
Direct Costs:
Direct costs,n0t-t0-CXCCCd: 8 976
Total,not-to-exceed: $ 416,000
The following table summarizes our amended agreement amount:
Current ConfractAmount Changeper Amended
includes Amendments)- Amend No.6Azrrmaw
Engineering Services
(direct labor at hourly rates plus $762.120 $320,263 $1,082,383
overhead at 170%)
Not to Exceed
Subconsultant Fees and Costs $214,179 $ 60,500 $ 274.679
Not to Exceed
Profit @ 8.2% $68,118 $ 26,261 $ 94,379
Direct Costs,N No xto 8, 6 245369T tExeeed $1,059,47 $ 9
47
' The Current Contract Amount included above was based on the Reallocation Correspondence dated
December 11,2012 which was approved by OCSD.
Thank you for this opportunity to submit this proposal for your consideration. If you need any
additional information,or have any questions,please do not hesitate to contact me at(949)585-1212.
Sin ly,
Tom Eppersovt,'— �
Project Manager
TLFIte
PlIN2]MI30.a92]4-IOanIMojMgmUCortrsponticnc/Drah4Amendmcn�No.6 F.Pmposd
Attachment
TETRA TECH
ITEM NO. 12
MINUTES OF THE REGULAR MEETING OF
THE ADMINISTRATION COMMITTEE
Orange County Sanitation District
Wednesday, May 14, 2014, at 5:30 P.M.
A regular meeting of the Administration Committee of the Orange County Sanitation
District was held on May 14, 2014, at 5:35 p.m., in the Sanitation District's
Administration Building. Director Hernandez led the Flag Salute.
A quorum was declared present, as follows:
COMMITTEE MEMBERS PRESENT: STAFF PRESENT:
Brad Reese, Chair Jim Herberg, General Manager
David Benavides Bob Ghirelli, Assistant General Manager
Steven Choi Lorenzo Tyner, Director of Finance
Tyler Diep &Administrative Services
Gerard Goedhart (Alternate) Jeff Reed, Director of Human Resources
Gene Hernandez Rob Thompson, Director of Engineering
Prakash Narain Ed Torres, Director of Operations and
Janet Nguyen Maintenance
Robert Ooten (Alternate) Maria Ayala, Clerk of the Board
Teresa Smith Norbert Gaia
Dave Sullivan (Alternate) Mark Esquer
Troy Edgar, Board Chair Al Garcia
Tom Beamish, Board Vice-Chair Marco Guard!
Randy Kleinman
COMMITTEE MEMBERS ABSENT: Laurie Klinger
John Withers, Vice-Chair Rich Spencer
Mike White
OTHERS PRESENT:
Brad Hogin, General Counsel
Anna Laliberte, Alliant Insurance
Services
PUBLIC COMMENTS:
None.
REPORT OF COMMITTEE CHAIR:
Committee Chair Reese did not provide a report.
M14/2014 Administration Committee Minutes Page 1 d 6
REPORT OF GENERAL MANAGER:
General Manager, Jim Herberg, announced the following:
- Reminder about the OCSD 601" Anniversary State of the District event,
scheduled for May 21at. He asked the Committee members to RSVP for the
event if they are able to attend.
- Reminder about the harassment and discrimination training requirement. Asked
that if the Directors have not already signed up, to please contact the Clerk of the
Board to participate in the upcoming trainings.
- Notified the Committee that the first OCSD/SAWPA Joint Policy Committee had
met on May 121". SAWPA invited the OCSD Board to attend a tour of their Chino
II Desalter. More information will be provided at a later date.
REPORT OF DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES:
Director of Finance and Administrative Services, Lorenzo Tyner introduced OCSD's
new Risk Manager, Marco Guardi.
CONSENT CALENDAR:
1. MOVED, SECONDED, AND DULY CARRIED: Approve Minutes of the
April 9, 2014 Administration Committee Meeting.
AYES: Beamish, Benavides, Choi, Diep, Edgar, Hernandez,
Goedhart (Alternate), Narain, Nguyen, Ooten (Alternate),
Reese and Smith
NOES: None
ABSTENTIONS: None
ABSENT: Sullivan (Alternate) and Withers.
2. MOVED, SECONDED, AND DULY CARRIED:
Recommend to the Board of Directors to:
Approve not-to-exceed numbers as follows, with the understanding that the
Sanitation District's insurance broker will continue to negotiate with insurers to
seek the lowest possible premiums prior to the expiration date of the current
major insurance policies:
05/14/2014 Administration Committee Minutes Page 2 of 6
A. Excess liability insurance - $390,224; and
B. Excess workers compensation insurance - a rate of$0.3408 per$100 of
payroll (estimated premium at $223,000); and
C. Property and Boiler & Machinery combined - $705,830.
AYES: Beamish, Benavides, Choi, Diep, Edgar, Hernandez,
Goedhart (Alternate), Narain, Nguyen, Ooten (Alternate),
Reese and Smith
NOES: None
ABSTENTIONS: None
ABSENT: Sullivan (Alternate) and Withers.
3. MOVED, SECONDED, AND DULY CARRIED:
Recommend to the Board of Directors to:
A. Authorize the General Manager to enter into contracts for Temporary
Employment Services (Specification No.CS-2009-421BD) for a one-year
period (July 1, 2014 through June 30, 2015), for a total amount not to
exceed $550,000 per year, with a 5% annual aggregate escalation factor,
with four one-year renewal options; and
B. Authorize the General Manager to add or delete such firms as necessary
to meet work requirements as identified by the Human Resources
Department.
AYES: Beamish, Benavides, Choi, Diep, Edgar, Hernandez,
Goedhart (Alternate), Narain, Nguyen, Ooten (Alternate),
Reese, Smith and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Sullivan (Alternate) and Withers.
05/14/2014 Administration Committee Minutes Page 3 of 6
4. Receive and file District purchases made under the General Manager's authority
for the period of January 1, 2014 — March 31, 2014.
AYES: Beamish, Benavides, Choi, Diep, Edgar, Hernandez,
Goedhart (Alternate), Narain, Nguyen, Ooten (Alternate),
Reese and Smith
NOES: None
ABSTENTIONS: None
ABSENT: Sullivan (Alternate) and Withers.
Chair Reese announced that the Committee would hear Agenda Item No. 6 at this time.
6. FY 2014-15 Benefits Program Renewal Costs
Jeff Reed, Director of Human Resources, and Rich Spencer, Human Resources
Manager, gave a brief report on benefits renewal costs and premium changes
and stated that due to fees (pass-through costs) mandated by the Affordable
Care Act, the cost of insurance coverage will increase by 4.5% for the next fiscal
year.
Alternate Director Dave Sullivan arrived at 5:39 p.m.
NON-CONSENT CALENDAR:
Mr. Tyner gave a brief explanation of how the proposed amendments to Ordinance No.
OCSD41 would affect business rate payers' claims. The Committee had various
questions regarding how the businesses are notified, the time period for claims to be
filed after the amendments take effect, how claims are submitted, etc. Staff responded
to questions accordingly.
5. Recommend to the Board of Directors to:
A. Introduce Ordinance No. OCSD-XX, entitled "An Ordinance of the Board
of Directors of the Orange County Sanitation District amending Section
2.03 of Article II of Ordinance No. OCSD-41 concerning rebates and
refunds of Sanitary Sewer Service Charges."; and
B. Motion to read Ordinance No. OCSD-XX by title only and waive reading of
said entire Ordinance on May 28, 2014; and
C. Set June 25, 2014 for the second reading and adoption of Ordinance No.
OCSD-XX; and
OS 14/2014 Administration Committee Minutes Page 4 of 6
D. Direct the Clerk of the Board to publish summaries of the Ordinance as
required by law.
AYES: Beamish, Benavides, Choi, Diep, Edgar, Hernandez,
Goedhart (Alternate), Narain, Ooten (Alternate), Reese, Smith
and Sullivan (Alternate)
NOES: Nguyen
ABSTENTIONS: None
ABSENT: Withers
INFORMATION ITEMS:
7. Post March 28, 2014 Earthquake Activities
Mr. Tyner presented information on the District's Integrated Emergency
Response Plan (IERP). He explained the appropriate level of response that was
put into effect after the recent earthquakes, and further explained that the District
has a series of steps to go through in the event there is an emergency.
8. OCSD Reserves, Investments and Financial Management Policies
Mr. Tyner presented an informational PowerPoint Presentation regarding: four
major categories of revenues; user fees; debt issuances; operating contingency
fees; seven major criteria for reserves; and funds management. He explained the
RFP process for the selection of a new Investment Advisor and Investment
Manager. He clarified that the Advisor and the Manager could not be the same
firm.
Mr. Tyner answered questions from the Committee regarding: Pimco's
performance and fee structure; possibly changing to a fee structure linked with
performance; unfunded liability and excess reserves.
Director Benavides departed the meeting at 6:15 p.m.
Director Nguyen departed the meeting at 6:20 p.m.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
Director Choi invited everybody to attend the Korean Festival in Irvine on May 17th.
05/14/2014 Administration Committee Minutes Page 5 of 6
ADJOURNMENT:
Committee Chair Reese declared the meeting adjourned at 6:25 p.m., to the next
regularly scheduled meeting of June 11, 2014.
Submitted by:
Maria E. Ayala
Clerk of the Board
05/14/2014 Administration Committee Minutes Page 6 of 6
ADMINISTRATION COMMITTEE Meeting Dare TOBA.Of Dir.
05/14/14 OS/2B/14
Item AGENDA REPORT N Number Item Nu bar
2 Nu
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Lorenzo Tyner, Director of Finance &Administrative Services
SUBJECT: 2014-15 Operational Insurance Renewals
GENERAL MANAGER'S RECOMMENDATION
Approve not-to-exceed numbers as follows, with the understanding that the Sanitation
District's insurance broker will continue to negotiate with insurers to seek the lowest
possible premiums prior to the expiration date of the current major insurance policies:
A. Excess liability insurance - $390,224; and
B. Excess workers compensation insurance - a rate of$0.3408 per$100 of payroll
(estimated premium at $223,000); and
C. Property and Boiler& Machinery combined - $705,830.
SUMMARY
The Sanitation District budget provides funds for the renewal of the following four major
insurances for District operations:
1. Excess General Liability Insurance
2. Excess Workers' Compensation
3. All-Risk Property and Flood insurance
4. Boiler& Machinery insurance
These insurance policies expire each June 30, and the Sanitation District's insurance
broker works with staff to procure renewals at the best rates available. The Committee
in the past has asked that the insurance broker present not-to-exceed numbers in May
rather than in June, so that the Committee is not presented with numbers at the very
last minute.
The insurance broker's letter and not-to-exceed rates are attached, along with the
informational Agenda Report presented to the Committee in April 2014.
PRIOR COMMITTEE/BOARD ACTIONS
June 2013 - The Board approved renewal of the above policies for the period July 1,
2013 through June 30, 2014.
Page 1 of 2
ADDITIONAL INFORMATION
N/A
ATTACHMENT:
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:
Renewal Estimates from Alliant
2013-2014 Premiums Spreadsheet
• Status of 2014-2015 Insurance Renewals Agenda Report from 4/9/2014
Administration Committee Meeting
Page 2 of 2
A4/liant
DRIVER SPECIALTY GROUP
April 30, 2014
Mr. Randall Kleinman
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708
2014-2015 Insurance Pricing Indications
Dear Randy:
Attached please find the requested "not to exceed" renewal premium estimates for each line of
coverage renewing at July 1. As in prior years, it is a bit too early to provide finn renewal
proposals at this time,but we suspect to have finalized numbers by mid May.
This year we are expecting a slight rate decrease in the Property program, which matched with a
slight TIV increase should result in a near flat premium calculation as compared to 2013. The
Excess Liability is also expected to renew with nothing more than an inflation increase of
perhaps 4% to 5%. As mentioned at the April Administration Committee meeting, we continue
to feel pressure from in the Excess Workers' Compensation arena as there is no let up in
expected increases in the provision of medical care. This year, the CSAC-EIA board decided to
increase the confidence level of the program from 75%to 80% as a hedge, and this is generating
a 6% increase over the actuarial projections of some 6% and this coupled with a bit of payroll
growth in causing our premium expectation to run some $25,000 over the expiring program.
Nominal dollar increases are expected in the both the Crime and Watercraft coverages.
In order to be sure that the renewal program offered is as competitive as possible, we are
currently deep in the in the process of shopping OCSD's coverages to various carriers that write
public utility risks, and the results of this process will be detailed in a marketing reported to be
provided upon completion.
We look forward to discussing the programs in more detail at your convenience.
Very truly,
la+
D 's u
Senior Vice Presid
(415)403-1421 direct
(415)402-0773 fax
dmuloueenevnalliamcom
Alliant Insurance Services,Inc. • 100 Pine Sheet, 1 F"Floor•San Francisco,CA 94111
Panne(415)403-1400•w .allian6nsurancexom•License No.OC36861
OCSD
2013
Renewal Indications
Dollar Percent
Excess Liability 2013 2014 Change Change
1 st Excess - Security National
Limit 10,000,000 10,000,000 - -
SIR 250k/500k 250k/500k - -
Premium 255,795 268,585 12,790 5%
2nd Excess - Starr
Limit 20,000,000 20,000,000
Premium 120,000 121,639 1,639 1%
Total Premium 375,795 390,224 14,429 4%
o at ercent
Excess Workers' Comp 2013 2014 Change Change
Payroll 64,382,500 65,431,701 1,049,201 2%
Limit Statutory Statutory
Rate Per$100 0.3073 0.3408 0 11%
SIR 750,000 750,000 - 0%
Premium 197,868 223,000 25,132 13%
Dollar Percent
Property-Boiler&Machinery 2013 2014 Change Change
Values 1,807,738,094 1,864,345,724 56,607,630 3%
Rate Per$100 0.03903 0.03786 (0) -3%
Premium 705,566 705,830 264 0%
Dollar Percent
Crime 2013 2014 Change Change
Premium $ 3,961 4,100 139 4%
Dollar Percent
Watercraft 2013 2014 Change Change
Hull&Machinery 30,612 33,673 3,061 10%
Vessel Pollution 1,250 1,375 125 1
31,862 35,048 3,186 10%
"Attachment"
ADMINISTRATION COMMITTEE NeebngDate To ad.ofDir.
04,09,14 --
AGENDA REPORT Item Number Item Number
3
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Lorenzo Tyner, Director of Finance &Administrative Services
SUBJECT: STATUS OF 2014-15 INSURANCE RENEWALS
GENERAL MANAGER'S RECOMMENDATION
Information Only.
SUMMARY
Historically, the Administration Committee has asked for status updates regarding the
renewals of major insurance policies each year. The Risk Management Division and
the Sanitation District's operational insurance broker begin the process of renewal each
January, and final quotes are typically received in June shortly before the beginning of
the new fiscal year.
The Sanitation District budget provides funds for the renewal of the following four major
insurances for District operations:
1) Excess General Liability Insurance
2) Excess Workers' Compensation
3) All-Risk Property and Flood insurance
4) Boiler& Machinery insurance
PRIOR COMMITTEE/BOARD ACTIONS
June 2013 — The Board approved renewal of the above four policies for the period
July 1, 2013 through June 30, 2014.
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
sister program, the Alliant National Municipal Liability Program (ANML). The
Sanitation District has participated in the CAMEL program since FY 1996-97.
Page 1 of 4
"Attachment"
ADDITIONAL INFORMATION (cont'd)
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.
The actual insurance coverage currently consists of two separate layers. The first
layer is the "Basic" $10 million program with self-insured retention of $250,000. The
second layer is $20 million of coverage in excess of the first layer of$10 million.
The premium for 2013-14 was $371,642.
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 even if there were a surcharge, the cost might still continue to be cheaper.
The renewal of the Excess Workers' Compensation Insurance for the period July 1,
2013 through June 30, 2014 was at a rate of .00307. This premium rate generated
an estimated premium of approximately $198,000 based on the estimated 2013-14
payroll. Since the premium itself is based on final payroll, the Sanitation District will
not know the exact final premium until the year is over.
Page 2 of 4
"Attachment"
ADDITIONAL INFORMATION (cont'd)
3) All-Risk Property and Flood Insurance
The All-Risk Property and Flood 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 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.
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 more than a dozen
different 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 renewal of All-Risk Property and Flood Insurance for the period July 1, 2013
through June 30, 2014 was at a premium of$681,286.
4) Boiler& Machinery Insurance
The Boiler & Machinery insurance program 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 current Boiler & Machinery insurance program provides coverage ($100 million
per occurrence with deductibles ranging from $25,000 to $350,000) for losses
caused by covered machinery breakdown (e.g., motors, steam turbines, digesters,
co-gen engines). Damages to the equipment, as well as damages to other property
and improvements caused by the machinery breakdown, are covered by the boiler &
machinery insurance. This program augments the Sanitation District's all-risk
property insurance that covers perils such as fire and flood.
The renewal of the Boiler & Machinery Insurance Program for the period July 1,
2013 through June 30, 2014 was at $24,280.
Page 3 of 4
"Attachment"
CEQA
N/A
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
N/A
ATTACHMENTS
None
Page 4 of 4
ADMINISTRATION COMMITTEE Neeting/ta Date T1.1 IDir.
os/t4s/zs/ta
Item AGENDA REPORT N Number Item Nu bar
3 Nu
Orange County Sanitation District
FROM: James D. 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 one-year period
(July 1, 2014 through June 30, 2015), for a total amount not to exceed $550,000
per year, with a 5% annual aggregate escalation factor, with four one-year
renewal options; and
B. Authorize the General Manager to add or delete such firms as necessary to meet
work requirements as identified by the Human Resources Department.
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.
• 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.
Fiscal Year Amount
2014 —2015 $550,000
2013—2014 $400,000
2012 —2013 $450,000
Page 1 of 4
2011 -2012 $269,000
2010 —2011 $424,200
2009—2010 $760,020
2008 -2009 $1,700,000
2007-2008 $1,700,000
PRIOR COMMITTEE/BOARD ACTIONS
• April 2013 — Board approved entering into contracts for Temporary Employment
Services (Specification No. CS-2009-421BD) with temporary service firms for a total
amount of $364,000 per year, for a one-year period (July 1, 2013 through June 30,
2014), with a one-year renewal option. A $36,000 increase had been added to the
projected budget as a contingency fund for unplanned staffing needs that adversely
impacted OCSD staffing resources.
• 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 Temporary Employment Services
(Specification No. CS-2009-4216D) funding of $150,000 by $119,000 with
temporary service firms for a new total amount not to exceed $269,000 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-2009-421BD) 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.
ADDITIONAL INFORMATION
The proposed FY14/15 Operating budget for temporary services is $550,000 for
unplanned staffing needs that adversely impact OCSD staffing resources such as
Page 2 of 4
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 is away due to disability leaves of absence.
OCSD currently utilizes 10 temporary services agencies to provide temporary workers
on an as-needed basis to accomplish OCSD work requirements. The agencies are
listed below:
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. TekSystems: (Technical)
7. Project Partners: (Technical)
8. Xvon Business Solutions: (Technical)
9. Robert Half, Inc.
10. Procurement Services Associates
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.
Award Date: 06./24/09 Contract Amount: $550.000/year
Contingency: $27,500/year (5.0%)
CEQA
N/A
BUDGET/PURCHASING ORDINANCE COMPLIANCE
N/A
ATTACHMENTS
The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.corn with the
complete agenda package and attachments:
Draft Temporary Services Agreement (6 Pages)
Page 4 of 4
Return to Mende Report
TEMPORARY SERVICES AGREEMENT
THIS AGREEMENT is made and entered into, to be effective July 1, 2014 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.
Temporary Services Agreement 1 of 7 Orange County Sanitation District
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.
3. Work Hours
Company shall provide Services to OCSD for up to five (5) days per week, eight (8) hours per day or a
9/80 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.
Temporary Services Agreement 2 of 7 Orange County Sanitation District
Return to Mende Report
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.
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.
11. 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
Temporary Services Agreement 3 of 7 Orange County Sanitation District
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
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 (ii) 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 indemnify, 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."
Temporary Services Agreement 4 of 7 Orange County Sanitation District
Return to Mende Report
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 affinns 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.
16. 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 terminate 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
it. 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
Temporary Services Agreement 5 of 7 Orange County Sanitation District
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.
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. Modifications
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.
Temporary Services Agreement 6 of 7 Orange County Sanitation District
Return to Aaenda Report
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
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
Temporary Services Agreement 7 of 7 Orange County Sanitation District
ADMINISTRATION COMMITTEE Neeting/ta Date T1.1 IDir.
os/tas/zs/ta
Item AGENDA REPORT N Number Item Nu bar
s Nu
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Lorenzo Tyner, Director of Finance and Administrative Services
SUBJECT: ORDINANCE NO. OCSD-46 AMENDING SECTION 2.03 OF ARTICLE II
OF ORDINANCE NO. OCSD-41 CONCERNING REBATES AND
REFUNDS OF SANITARY SEWER SERVICE CHARGES.
GENERAL MANAGER'S RECOMMENDATION
A. Introduce Ordinance No. OCSD-46, entitled "An Ordinance of the Board of
Directors of the Orange County Sanitation District amending Section 2.03 of
Article II of Ordinance No. OCSD-41 concerning rebates and refunds of Sanitary
Sewer Service Charges."; and
B. Motion to read Ordinance No. OCSD-46 by title only and waive reading of said
entire Ordinance on May 28, 2014; and
C. Set June 25, 2014 as the date for the second reading and adoption of Ordinance
No. OCSD-46; and
D. Direct the Clerk of the Board to publish summaries of the Ordinance as required
by law.
SUMMARY
Ordinance No. OCSD-41 establishes the District's Sanitary Sewer Service Charges.
Section 2.03 of Ordinance No. OCSD-41 establishes exemptions to the charges and
provides procedures for District customers to request adjustments to the charges
applicable to their properties in the form of rebates. Ordinance No. OCSD-41 further
provides procedures for seeking refunds for amounts incorrectly paid or charged.
Proposed Ordinance No. OCSD46 restates Section 2.03 and adds definitions to more
clearly define the difference between rebates and refunds, and to shorten the limitations
period pertaining to rebates.
PRIOR COMMITTEE/BOARD ACTIONS
March 2013—Adoption of Ordinance No. OCSD-41
Page 1 of 2
ADDITIONAL INFORMATION
In 2013, as part of its rate adjustment process, the District sent notices to approximately
550,000 parcel owners, including nearly 50,000 non-residential property owners. These
notices include information on how parcels owners can apply for a rebate or refund.
The notice states:
"Non-residential users that have substantially lower than average water use are
eligible for a reduced charge. if you think you qualify, please visit our
website, www.ocsd.corn to obtain a claim forms for a rebate or refund."
In addition to the notices, this information is permanently posted on the District's website.
Proposed Ordinance No. OCSD-46 revises Section 2.03 of Ordinance No. OCSD-41 as
follows:
• It defines "Rebates" as the difference between the original service charge paid by
a property owner and the recalculated service charge for the property based on
water use. The District's service rates for different property uses are based on
the average water use of the properties, which directly correlates to sewer use on
the properties. For example, vacant properties pay 0% of the established rate;
Golf courses pay 41% of the established rate per thousand square feet of
improvements; and coin operated car washes pay 151% of the established rate
per thousand square feet of improvements. The property uses classifications are
based on the property use codes provided by the County Assessor or by site
inspections performed by staff. If the property owner can prove that the actual
water usage on the property does not have a direct correlation to its sewer
usage, the property owner may apply for a rebate, which will allow the District to
adjust the charges assessed to it.
• It defines "Refunds" as the difference between the original service charge paid by
a property owner and the corrected service charge when the original charge was
billed erroneously. Refunds are different from "rebates" because they do not
take into account actual water consumption. Refunds are simply requests for
reimbursement of erroneously paid charges due to incorrect billing information.
• It shortens the period for requesting rebates from four years to two years from
the date that the roll is submitted to the County Auditor/Controller. This
effectively limits rebates to the current fiscal year and one fiscal year back.
Rebates are subject to the California Tort Claims Act, which authorizes the
District to limit the time within which to submit a claim for a rebate to one year.
• It provides that rebates or additional adjustments to service charges are not
available when a rebate or adjustment has already been granted in a prior fiscal
year.
• It clarifies that a "year" is a fiscal year consistent with the established annual
charges and the District's fiscal year, commencing on July 1.
Page 2 of 2
• Claims for refunds will continue to be limited to four years because this period is
governed by other State statutes that establish four years as the limitations
period for seeking refunds.
The revisions to Section 2.03 of Ordinance No. OCSD-41 are shown in redlines in the
attached proposed Ordinance No. OCSD-46.
CEQA
N/A
BUDGET/PURCHASING ORDINANCE COMPLIANCE
Ordinance No. OCSD-46 is expected to reduce rebate requests to the District thereby
saving processing costs.
ATTACHMENT
The following attachment(s) are attached in hard copy and may be viewed on-line at the OCSD website
(mm w.ocsd.com) with the complete agenda package:
• Redline Version Draft Ordinance No. OCSD-46
• Draft Ordinance No. OCSD-46
• Ordinance No. OCSD-41
Page 3 of 2
Return to Mende Report
ORDINANCE NO. OCSD-XX
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE ORANGE
COUNTY SANITATION DISTRICT AMENDING SECTION 2.03 OF
ARTICLE II OF ORDINANCE NO. OCSD-41 CONCERNING REBATES
AND REFUNDS OF SANITARY SEWER SERVICE CHARGES.
WHEREAS, the Board of Directors adopted Ordinance No. OCSD-41 on March
27, 2013, establishing revised sewer service charges; and
WHEREAS, the Board of Directors wishes to revise Section 2.03 of Article II of
Ordinance No. OCSD41 to more clearly define the difference between rebates and
refunds, and adjust the limitations period pertaining to rebates.
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation
District does hereby ORDAIN:
Section I. Section 2.03 of Article II of Ordinance No. OCSD41 is hereby amended as
follows:
Section 2.03.
A. Exemptions. It is the intent of the District that the legal owner(s) of
parcels of real property, otherwise subject to the levy and payment of the Sewer Service
Charges, as prescribed herein, be relieved, in whole or in part, from the payment of said
charges, in certain circumstances and under conditions prescribed herein, and be
entitled to either a rebate or a refund with respect to charges paid, as more specifically
set forth in Subparagraphs 2.03E and 2.03C below, provided an inequity is established
or a billing error is proven, as specified in Subparagraphs 2.03E or 2.03C.
B. Application for Rebate.
(1) A "rebate" is the difference between the original service charge
paid by a property owner and the recalculated service charge for the property based on
water use as provided herein.
(2) Any property owner, or legally recognized authorized representative
of the property owner, may apply to the District for a rebate of Sewer Service Charges
paid to the District by establishing that an unfair valuation of the property has been
made by the District. An applicant for a rebate must establish, by proof satisfactory to
the General Manager of the District, or his/her designee, that an inequity exists between
the amount of the charge paid and the amount of wastewater discharged to the District's
system, resulting in an unfair valuation. Satisfactory proof shall establish that either:
(4a) The principal water use is agricultural or horticultural; or
1
991039.3
(2b) The property is devoted to any other use wherein the
amount of wastewater discharged to the District's system is significantly less on a
regular basis than the amount that would normally be expected to be discharged by the
class of property in question.
(3) Satisfactory proof shall include, but not be limited to, documentation
showing actual water usage for each billing cycle during the entire period for which the
rebate is sought.
(4) The amount of any rebate shall not reduce the charge payable by
any property owner, whose property is connected to the District's system, to less than
the single family residential charge shown on the applicable Table attached hereto.
(5) Once a rebate or adjustment to a service charge is granted,
additional rebates or adjustments will not be granted in the same year unless the
property was vacant for the entire year.
C. Application for Refund.
(1) A "refund" is the difference between the original service charge
Paid by a property owner and the corrected service charge when the original charge
was billed erroneously.
(2) Any property owner (as used herein, includes any person who paid
the sewer service charges), or legally recognized authorized representative of the
property owner, may apply to the District for a refund of Sewer Service Charges paid to
the District by establishing that the amount paid was pursuant to an error in the amount
billed or the amount paid. The applicant for a refund must submit proof satisfactory to
the General Manager of the District, or his/her designee, that a billing error has been
made by the District, or the County Tax Collector. Such proof shall include, but not be
limited to, proof that:
(4a) The owner's parcel of property is not connected to the
District's system; or
(2b) The property has not been classified in the proper property
use classification code; or
(3c) A clerical error has been made.
D. Limitations Period.
Raven P n Tnxnt on Cricip Sect'o g SON and 5097 (1) Applications for
rebates shall be deemed a claim and be governed by the provisions of California
2
991039.3
Return to Mende Report
Government Code Sections 935 at seq., and shall be presented to the District as
provided in the Government Tort Claims Act, Government Code Sections 915 at seq.,
not later than four-(4)-years-two (21-years after the submission of the roll to the County
Auditor/Controller, and the claim for rebate may only be made with respect to amounts
paid or payable under such property tax bill. A claim for rebate is not deemed a claim
for refund, and California Revenue & Taxation Code Sections 5096 and 5097 are not
applicable.
(2) Applications for refunds shall be deemed to be governed by the
provisions of California Revenue &Taxation Code Sections 5096 and 5097.
(3) Consistent with Section 2.04, a "year' for purposes of this Section
2.03 commences on July 1 for all annual Sewer Service Charges, based on the
District's fiscal year.
E. Determination. All applications for rebates or refunds of the Sewer
Service Charge will be determined by the General Manager of the District, or his/her
designee, who, based on the submitted proof, may grant a full or partial rebate or
refund.
F. Administrative Fee. At the time of filing the application for rebate or
refund, the property owner shall pay District an administrative fee for the processing of
such application. The amount of the fee shall be equal to the total of all fees and
charges imposed on the District by any other public entity, such as the Orange County
Tax Collector, the Orange County Auditor, or the Orange County Recorder, in
connection with the rebate or refund.
Section II. Severabilitv. 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 III. 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 within 15 days as required by law.
PASSED AND ADOPTED at a regular meeting of the Board of Directors of the Orange
County Sanitation District held on , 2014.
Chair of the Board of Directors
Orange County Sanitation District
ATTEST:
3
991039.3
Clerk of the Board
Orange County Sanitation District
Bradley R. Hogin, General Counsel
Orange County Sanitation District
4
991039.3
Return to Mende Report
ORDINANCE NO. OCSD-46
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
THE ORANGE COUNTY SANITATION DISTRICT
AMENDING SECTION 2.03 OF ARTICLE II OF
ORDINANCE NO. OCSD-41 CONCERNING REBATES
AND REFUNDS OF SANITARY SEWER SERVICE
CHARGES.
WHEREAS, the Board of Directors adopted Ordinance No. OCSD-41 on March
27, 2013, establishing revised sewer service charges; and
WHEREAS, the Board of Directors wishes to revise Section 2.03 of Article II of
Ordinance No. OCSD-41 to more clearly define the difference between rebates and
refunds, and adjust the limitations period pertaining to rebates.
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation
District does hereby ORDAIN:
Section 1. Section 2.03 of Article II of Ordinance No. OCSD-41 is hereby amended as
follows:
Section 2.03.
A. Exemptions. It is the intent of the District that the legal owner(s) of
parcels of real property, otherwise subject to the levy and payment of the Sewer Service
Charges, as prescribed herein, be relieved, in whole or in part, from the payment of said
charges, in certain circumstances and under conditions prescribed herein, and be
entitled to either a rebate or a refund with respect to charges paid, as more specifically
set forth in Subparagraphs 2.03E and 2.03C below, provided an inequity is established
or a billing error is proven, as specified in Subparagraphs 2.03B or 2.03C.
B. Application for Rebate.
(1) A "rebate" is the difference between the original service charge
paid by a property owner and the recalculated service charge for the property based on
water use as provided herein.
(2) Any property owner, or legally recognized authorized representative
of the property owner, may apply to the District for a rebate of Sewer Service Charges
paid to the District by establishing that an unfair valuation of the property has been
made by the District. An applicant for a rebate must establish, by proof satisfactory to
the General Manager of the District, or his/her designee, that an inequity exists between
the amount of the charge paid and the amount of wastewater discharged to the District's
system, resulting in an unfair valuation. Satisfactory proof shall establish that either:
OCSD-46-1
(a) The principal water use is agricultural or horticultural; or
(b) The property is devoted to any other use wherein the
amount of wastewater discharged to the District's system is significantly less on a
regular basis than the amount that would normally be expected to be discharged by the
class of property in question.
(3) Satisfactory proof shall include, but not be limited to, documentation
showing actual water usage for each billing cycle during the entire period for which the
rebate is sought.
(4) The amount of any rebate shall not reduce the charge payable by
any property owner, whose property is connected to the District's system, to less than
the single family residential charge shown on the applicable Table attached hereto.
(5) Once a rebate or adjustment to a service charge is granted,
additional rebates or adjustments will not be granted in the same year unless the
property was vacant for the entire year.
C. Application for Refund.
(1) A "refund" is the difference between the original service charge
paid by a property owner and the corrected service charge when the original charge
was billed erroneously.
(2) Any property owner (as used herein, includes any person who paid
the sewer service charges), or legally recognized authorized representative of the
property owner, may apply to the District for a refund of Sewer Service Charges paid to
the District by establishing that the amount paid was pursuant to an error in the amount
billed or the amount paid. The applicant for a refund must submit proof satisfactory to
the General Manager of the District, or his/her designee, that a billing error has been
made by the District, or the County Tax Collector. Such proof shall include, but not be
limited to, proof that:
(a) The owner's parcel of property is not connected to the
District's system; or
(b) The property has not been classified in the proper property
use classification code; or
(c) A clerical error has been made.
OCSD-46-2
Return to Mende Report
D. Limitations Period.
(1) Applications for rebates shall be deemed a claim and be governed
by the provisions of California Government Code Sections 935 et seq., and shall be
presented to the District as provided in the Government Tort Claims Act, Government
Code Sections 915 at seq., not later than two (2) years after the submission of the roll to
the County Auditor/Controller, and the claim for rebate may only be made with respect
to amounts paid or payable under such property tax bill. A claim for rebate is not
deemed a claim for refund, and California Revenue & Taxation Code Sections 5096 and
5097 are not applicable.
(2) Applications for refunds shall be deemed to be governed by the
provisions of California Revenue &Taxation Code Sections 5096 and 5097.
(3) Consistent with Section 2.04, a "year" for purposes of this Section
2.03 commences on July 1 for all annual Sewer Service Charges, based on the
District's fiscal year.
E. Determination. All applications for rebates or refunds of the Sewer
Service Charge will be determined by the General Manager of the District, or his/her
designee, who, based on the submitted proof, may grant a full or partial rebate or
refund.
F. Administrative Fee. At the time of filing the application for rebate or
refund, the property owner shall pay District an administrative fee for the processing of
such application. The amount of the fee shall be equal to the total of all fees and
charges imposed on the District by any other public entity, such as the Orange County
Tax Collector, the Orange County Auditor, or the Orange County Recorder, in
connection with the rebate or refund.
Section 2. 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 3. 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 within 15 days as required by law.
Section 4: This Ordinance shall be effective sixty (60) days after adoption.
PASSED AND ADOPTED at a regular meeting of the Board of Directors of the Orange
County Sanitation District held on , 2014.
OCSD-46-3
Chair of the Board of Directors
Orange County Sanitation District
ATTEST:
Clerk of the Board
Orange County Sanitation District
Bradley R. Hogin, General Counsel `
Orange County Sanitation District
OCSD-46-4
ORDINANCE NO. 00SD-41 Return to Mende Rom
AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE
COUNTY SANITATION DISTRICT AMENDING AND RESTATING
ORDINANCE NO. OCSD-35 CONCERNING SANITARY SEWER
SERVICE CHARGES AND REPEALING ORDINANCE NO. OCSD-35.
ADOPTING REVISED TABLE A RE RESIDENTIAL USER FEES 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 pursuant to the County
Sanitation District Act (California Health & Safety Code Section 4700 at seq.). 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 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").
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, The Board of Directors approved the Capital Improvement
Program ("CIP") Validation Study for Fiscal year 2003-04 and the Secondary
Treatment Peer Review, which resulted in the development of a Capital
WS&5—6RH:pj:201660A420/05 1
OCSD-ADB 4/25/07
910662.1
Improvement Program that provides for the implementation of secondary
treatment standards, thereby improving effluent quality in a reasonably short
period of time, consistent with the goals and policies of the Board of Directors,
the member agencies, and the public, while also providing for the construction of
necessary improvements to accommodate projected increased flows and the
rehabilitation and refurbishment of existing facilities; 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 February 27, 2008, the Board of Directors of the District
adopted Ordinance No. OCSD-35, establishing annual Sanitary Sewer Service
Charges; 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 the proposed increases in the regional sewer service
charges were reasonable based on an evaluation of the District's revenue needs,
projected reserve balances and user rate structure; and
WHEREAS, for purposes of ensuring that the District has sufficient
revenues and reserves to meet the District's obligations and operations, it is the
intent, by the adoption of this Ordinance, to establish annual regional sewer
service charges; 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
WS&5-6RH:pj:201W0:0920/05 2
OCSD-ADB 4/25/07
910662.1
WHEREAS, pursuant to Article XIIID, section 6, of the California
Constitution, Notice of the Public Hearing regarding the proposed regional sewer
service charges, which included the date, time, and location of the public hearing,
as well as the charges, fees, and rates proposed for imposition, was mailed no
less than 45 days prior to the public hearing by the District to the record owner of
each identified parcel upon which the charge is proposed for imposition; and
WHEREAS, pursuant to Health and Safety Code sections 4766 and 5473,
the Board of Directors is authorized to elect to have the proposed regional 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
March 11, 2013, and again on March 18, 2013, Notice of the Public Hearing
regarding the proposed regional sewer services 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, March 27, 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 regional sewer service charges and the election to have
such charges collected on the tax roll; and
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 March 27, 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. Adopt Regional Sewer Service Charges
TABLE OF CONTENTS
ARTICLE I: FINDINGS
Section 1.01 Findings
ARTICLE II: SEWER SERVICE CHARGES
Section 2.01. Purpose and Scope
Section 2.02. Annual Sewer Service Charge
Section 2.03.
WS&5-6RH:py201W0:N20/05 3
OCSD-ADB 4/25/07
910662.1
A. Exemptions
B. Application for Rebate
C. Application for Refund
D. Limitation Period
E. Determination
F. Administrative Fee
Section 2.04. Annual Charge Based on Fiscal Year
Section 2.05. Method of Collection
Section 2.06. Credit for Industrial Permittees
Section 2.07. Open-Air Facilities
Table A Annual Sewer Service Charges for
Residential Users
Table B Annual Sewer Service Charges
Property Use Classifications
ARTICLE III: MISCELLANEOUS
Section 3.01. Application of Ordinance
Section 3.02. Exceptions
Section 3.03. Out of Area Sewer Service Agreements
ARTICLE I
FINDINGS
Section 1.01. Findings. Based upon substantial evidence
presented to the Board of Directors, the Board of Directors of District hereby
adopts the following Findings supporting the amounts of charges and fees
adopted pursuant to this Ordinance. The Board of Directors hereby finds:
A. That the regional sewer service charges and the annual
adjustments to the regional sewer service charges (collectively referred hereafter
as the "Sewer Service Charges") as established herein is appropriate and
ensures adequate revenues to finance the improvements and programs
necessary to implement secondary treatment standards, accommodate
increased flows, rehabilitate and refurbish existing facilities, and 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 the acquisition, construction, reconstruction,
maintenance, and operation of the sewage collection, wastewater treatment and
disposal facilities of the District, together with costs of administration and
provisions for necessary reserves.
C. That the financial requirements of the District, as shown in
reports prepared by Staff and Consultants relating to the Master Plan and the
Capital Improvement Plan, are based on current, reliable information, and further,
that data relating to population projections, wastewater flow, and capital facilities'
needs are expected to be realized in each year as described in the reports.
WS&5-BRH:py201660:N20/05 4
OCSD-ADB 4/25/07
910662.1
Retum to A,eM,Reoort
D. That the owners or occupants of properties, upon which all
fees and charges established by this Ordinance are levied, discharge wastewater
to the District's collection, treatment and disposal facilities. The costs of
operating and maintaining said facilities have constantly increased due in part to
increased regulatory requirements to upgrade the treatment process.
E. That the need for upgraded and improved treatment of all
wastewater collection, treatment and disposal facilities is required to protect the
public health and safety, and to preserve the environment without damage.
F. That the Sewer Service Charges established by this
Ordinance are reasonably related to, and do not exceed the cost of providing
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.
G. 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.
H. That the revenues derived from the Sewer Service Charges
shall not be used for any purpose other than that for which the charge is
imposed.
I. That the 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 to provide the sewer service for which the fee is levied, as
provided in Government Code Sections 66013 and 66016 and California
Constitution Article MID.
J. That the Sewer Service Charges adopted herein are
established upon a reasonable basis between the fees charged each customer
and the service and facilities provided to each customer of the District, a portion
of which are necessary to replace the loss of ad valorem property taxes to the
State General Fund as a result of state legislative action on September 2, 1992,
and in subsequent years.
K. That the Sewer Service Charges adopted herein will not
result in an expansion of facilities to provide for growth within outside the existing
service area. The adoption of these Sewer Service Charges will not result in any
specific project, nor result in a direct physical change in the environment.
L. That the Board of Directors is adopting the 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 existing
service areas. Therefore, the Board finds and determines, based upon
substantial evidence, that the establishment of the Sewer Service Charges are
WS&S—BRH:pj:201660:04/20/05 5
OCSD-ADB 4/25/07
910662.1
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.
M. 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.
ARTICLE II
SEWER SERVICE CHARGES
Section 2.01. Purpose and Scope. The purpose of this Ordinance
is to establish Sewer Service Charges required to be paid by property owners for
the services and facilities furnished by the District in connection with its sanitation
treatment works and sewage collection system. Revenues derived under the
provisions of this Ordinance shall be used for (i) the acquisition, construction,
reconstruction, maintenance, and operation of the wastewater collection,
treatment and disposal facilities of the District, (ii) to repay principal and interest
on debt instruments, or (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.
Section 2.02. Annual Sewer Service Charge.
Commencing with the effective date of this Ordinance, the owner of each parcel
of real property located within the District which is improved with structures
designed for residential, commercial, or industrial use and which, at the request
of the owner or the owners predecessor-in-interest, is connected to the District's
sewerage system, shall pay an annual 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, and incorporated by reference herein. The annual Sewer
Service Charges for residential users are set forth in Table A. 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 Sewer Service Charge rate per 1,000 square
feet or per unit. The annual Sewer Service Charges are dependent upon the
respective classifications of property use, determined by reference to Table B.
Section 2.03. A. Exemptions. It is the intent of the District that
the legal owner(s) of parcels of real property, otherwise subject to the levy and
payment of the Sewer Service Charges, as prescribed herein, be relieved, in
whole or in part, from the payment of said charges, in certain circumstances and
under conditions prescribed herein, and be entitled to either a rebate or a refund
with respect to charges paid, as more specifically set forth in Subparagraphs
2.03B and 2.03C below, provided an inequity is established or a billing error is
proven, as specified in Subparagraphs 2.03B or 2.03C.
B. Application for Rebate. Any property owner, or
legally recognized authorized representative of the property owner, may apply to
the District for a rebate of Sewer Service Charges paid to the District by
establishing that an unfair valuation of the property has been made by the
WS&S-BRH:py201660:N20/05 6
OCSD-ADB 4/25/07
910662.1
Return to Aaenda Report
District. An applicant for a rebate must establish, by proof satisfactory to the
General Manager of the District, or his/her designee, that an inequity exists
between the amount of the charge paid and the amount of wastewater
discharged to the District's system, resulting in an unfair valuation. Satisfactory
proof shall establish that either:
(1) The principal water use is agricultural or
horticultural; or
(2) The property is devoted to any other use
wherein the amount of wastewater discharged to the District's system is
significantly less on a regular basis than the amount that would normally be
expected to be discharged by the class of property in question.
Satisfactory proof shall include, but not be limited to, documentation
showing actual water usage for each billing cycle during the entire period for
which the rebate is sought.
The amount of any rebate shall not reduce the charge payable by any
property owner, whose property is connected to the District's system, to less than
the single family residential charge shown on the applicable Table attached
hereto.
C. Aoolication for Refund. Any property owner (as used
herein, includes any person who paid the sewer service charges), or legally
recognized authorized representative of the property owner, may apply to the
District for a refund of Sewer Service Charges paid to the District by establishing
that the amount paid was pursuant to an error in the amount billed or the amount
paid. The applicant for a refund must submit proof satisfactory to the General
Manager of the District, or his/her designee, that a billing error has been made by
the District, or the County Tax Collector. Such proof shall include, but not be
limited to, proof that:
(1) The owner's parcel of property is not
connected to the District's system; or
(2) The property has not been classified in the
proper property use classification code; or
(3) A clerical error has been made.
D. Limitations Period. Applications for refunds shall be
deemed to be governed by the provisions of California Revenue & Taxation Code
Sections 5096 and 5097. Applications for rebates shall be deemed a claim and
be governed by the provisions of California Government Code Sections 935 et
seq., and shall be presented to the District as provided in the Government Tort
Claims Act, Government Code Sections 915 at seq., not later than four (4) years
after the submission of the roll to the County Auditor/Controller, and the claim for
rebate may only be made with respect to amounts paid or payable under such
property tax bill. A claim for rebate is not deemed a claim for refund, and
California Revenue & Taxation Code Sections 5096 and 5097 are not applicable.
WS&S—BRH:pj:201660:04120/05 7
OCSD-ADB 4/25/07
910662.1
E. Determination. All applications for rebates or refunds
of the Sewer Service Charge will be determined by the General Manager of the
District, or his/her designee, who, based on the submitted proof, may grant a full
or partial rebate or refund.
F. Administrative Fee. At the time of filing the
application for rebate or refund, the property owner shall pay District an
administrative fee for the processing of such application. The amount of the fee
shall be equal to the total of all fees and charges imposed on the District by any
other public entity, such as the Orange County Tax Collector, the Orange County
Auditor, or the Orange County Recorder, in connection with the rebate or refund.
Section 2.04. Annual Charge Based on Fiscal Year. The Sewer
Service Charges established by this Ordinance shall be effective as of July 1 of
each year, as set forth in Tables A and B, attached hereto, for the District's fiscal
year, and shall remain in effect until such time as the rates adopted herein are
changed by District Ordinance. There shall be no proration of such charges in
any fiscal year.
Section 2.05. Method of Collection.
A. Pursuant to the authority granted by California Health &
Safety Code Sections 4766 and 5473, and except as otherwise provided in
Subparagraph 2.0513 below, all Sewer Service Charges established herein shall
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 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 (or person
who paid the tax) has underpaid annual 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 2.06. Credit for Industrial Permittees. A credit shall be
allowed to all dischargers permitted pursuant to Article 3 of District Ordinance
No. OCSD-40, as amended, in an amount equal to the annual Sewer Service
Charge established by Section 2.02 of this Ordinance.
WS&S-BRH:pj:201660:N20/05 8
OCSD ADB 4/25/07
910662.1
Realm b Menda Reood
Section 2.07 Open-Air Facilities. Sewer Service Charges for open-
air facilities will be based on annual attendance records. Open-Air facilities will
pay a rate per million gallons based upon the related sewage flow, Biochemical
Oxygen Demand ("BOD") and Suspended Solids ("SS") charge for single family
residences. The usage per attendee will be 15 gallons.
WS&S-6RH:pj:201W0:09120/05 g
OCSD-ADB 4/25/07
910662.1
TABLE A
ANNUAL SEWER SERVICE CHARGES
RESIDENTIAL USERS
FISCAL YEAR 2013-14 2014-15 2015-16 2016-17 2017-18
SFR* $308.00 $316.00 $323.00 $331.00 $339.00
MFR $215.60 $221.20 $226.10 $231.70 $237.30
SFR = SINGLE FAMILY RESIDENTIAL
MFR = MULTI FAMILY RESIDENTIAL
* The SFR fee is the minimum sewer service charge any user must pay.
All properties located within Revenue Area No. 14 pay no annual sewer service
charges. District costs relating to providing service to these properties are billed
by the District directly to the Irvine Ranch Water District, the local agency
providing the local sewer service.
WS&S-6RH:pj:201 WO:0920/05 10
OCSD-ADB 4/25/07
910662.1
Return to Mende Report
TABLE B
ANNUAL 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 Equivalent to Vacant 0%
121 Parcel of Minimal or No Value 0%
122 Subsurface Parcels 0%
124 Oil/Mineral Rights 0%
125 Mineral Rights Equipment 0%
126 Vacant Comm. Area-IMP Alloc. 0%
201 Homeowners Exemption Addy. 0%
666 Unassigned Vacant 0%
777 Septic Tank Property 0%
112 Steel Building 7%
113 Mini-Warehouse 7%
58 Nurseries (Plants) 10%
100 Drive-In Theater 10%
44 Lumber/Constr. Material Yard 17%
71 Parking Garage 17%
72 Paved Parking Lot 17%
110 Warehouse— Single Tenant 17%
111 Warehouse— Multi Tenant 17%
115 Recreational Vehicle Storage 17%
116 Truck Terminal 17%
33 Church Buildings 20%
94 Department Store 23%
95 Discount Store 23%
96 Unattached Single Store 23%
97 Strip Store 23%
74 Recreational Vehicle Park 27%
36 Financial Buildings 27%
40 Health Club 29%
68 High Rise Office 30%
225 United States Post Office 35%
21 Automobile Dealership 41%
22 Auto Repair Shop 41%
23 Automotive Service 41%
24 Used Car Lot 41%
39 Golf Course 41%
57 Motorcycle/Small Vehicle Building 41%
83 Automotive Service Station 41%
WS&5—6RH:pj:201 W0:09120/05 11
OCSD-ADB 4/25/07
910662.1
TABLE B (CONTINUED)
ANNUAL SEWER SERVICE CHARGES
PROPERTY USE CLASSIFICATIONS
Percentage of SFR
Assessor Use Code Description Per 1,000 SF or Unit
84 Marine Service Station 41%
86 Combin:Service Station/Convenience 41%
65 Single Office Bldgs. to 3 Stories 41%
66 Small Office Center 41%
67 Office Complex 41%
69 Converted Residence to Office 41%
7 Mobile Home 50%
55 Mobile Home Park 50%
107 Light Industrial—Single Tenant 50%
108 Light Industrial—Multi Tenant 50%
109 Research and Development 50%
114 Industrial Park 50%
37 Fraternal Buildings 51%
101 Unattached Theater 51%
26 Airport and Related Buildings 53%
45 Marinas 53%
88 Low Flow Center 53%
3 Two or More Residences 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 to 40 Units Only 70%
16 41-99 Units Only 70%
17 100 or More Units 70%
18 Developed with a Mix of Forms 70%
63 Low Rise Retirement Building 70%
64 High Rise Retirement Building 70%
56 Low Demand Hotel/Motel 70%
81 Pre-Schools, Nursery or Care 82%
82 Private Schools 82%
98 Store with Offices or Living Quarter 82%
99 Store with Office Upstairs 82%
118 Governmental Use Vacant/Develop. 82%
19 SFR with 1 or 2 rental units 85%
34 Dormitory 97%
42 Hospital 97%
43 High Demand Hotel/Motel 97%
0 Conversion-C/1, Rural PC 100%
2 One Residence 100%
WS&S-13RH:pj:201660:N20/05 12
OCSD-ADB 4/25/07
910662,1
Return to Aaentle Report
TABLE B (CONTINUED)
ANNUAL SEWER SERVICE CHARGES
PROPERTY USE CLASSIFICATIONS
Percentage of SFR
Assessor Use Code Description Per 1,000 SF or Unit
4 Miscellaneous Improvement 100%
85 Comb. Sew. Stn./Restaurant 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%
32 Cemetery & Related Buildings 101%
38 Funeral Home 101%
60 Nursing Home 102%
61 Convalescent Hospitals 102%
62 Converted Res. Used as Nursing 102%
28 Bowling Alleys 112%
92 Skating Rinks 112%
50 Single Medical Bldgs. to 3 Stories 124%
51 Small Medical Center 124%
52 Medical Center Complex 124%
53 High Rise Medical 124%
54 Converted Residence to Medical 124%
89 Average Flow Center 139%
20 Amusement Parks 144%
35 Entertainment Center 144%
73 Recreation 144%
30 Coin Operated Car Wash 151%
47 Supermarket 151%
48 Convenience Market 151%
224 Nightclub 200%
90 High Flow Center 226%
76 Restaurant—Low Demand 300%
77 Restaurant—Coffee Shop 600%
78 Restaurant—Dinner House 600%
79 Restaurant—Conversion from SF 600%
29 Conventional Car Wash 796%
223 Laundromat 1,800%
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.
WS&5—6RH:pj:201 G50:04120/05 13
OCSD-ADB 4/25/07
910662.1
ARTICLE III
MISCELLANEOUS
Section 3.01. Application of Ordinance. The provisions of this
Ordinance shall be in addition to (i) the provisions of the District's Wastewater
Discharge Regulations for use of District's sewage facilities, including provisions
for payment of charges or fees related thereto; (ii) District's ordinance
establishing Fees Concerning Annexations of Territory to the District; (!it)
District's ordinance establishing Local Sewer Service Fees, where applicable,
and (iii) any other District Ordinances and Resolutions not in conflict herewith.
Section 3.02. Exceptions. The provisions of this Ordinance shall
apply to all owners of properties within the District, including those properties
otherwise deemed exempt from payment of taxes or assessments by provisions
of the State Constitution or statute, including properties owned by other public
agencies or tax-exempt organizations, except as expressly provided herein.
Section 3.03 Out of Area Sewer Service Agreements. Pursuant to
Health and Safety Code Section 4742.1, the District is empowered to contract for
the handling, treatment or disposal by the district of sewage or industrial wastes
originating within the district or county or within areas outside of the district or
county when, in the judgment of the District Board, it is for the best interest of the
district to do so. In exercise of such power, the District may, from time to time,
enter into Out-of-Area Sewer Service Agreements. These Out-of-Area Sewer
Service Agreements will establish fees and charges relative to the services
provided by the District for each individual agreement.
Section II. Severabilitv. 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 III. Effective Date. This Ordinance shall take effect July 1, 2013.
Section IV. Repeal. Ordinance No. OCSD-35 is repealed in its entirety effective
June 30, 2013.
Section V. 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 within 15 days as required by law.
WS&5-6RH:pj:201 W0:0920/05 14
OCSD-ADB 4/25/07
910662.1
Retum to Aae.da Rowe
PASSED AND ADOPTED by a vote of not less than two-thirds of the Board of Directors
of the Orange County Sanitation District at a Regular Meeting held on March 27, 2013.
TROY E15GAI
CHAIR, BOA OF DIRECTORS
ORANGE COUNTY SANITATION DISTRICT
ATTEST: G �1
MARIA IE. AYALA
CLERK OF THE BOARD
ORANGE COUNTY SANITATION DISTRICT
APPROVED AS TO FORM:
9-
BRADLEY R. FrOGIN, GEN COUNSEL
wsas-BRH:pj:201660:0420ros 15
DCSD-ADB 4125/07
91066E
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
I, MARIA E. AYALA, Clerk of the Board of the Orange County Sanitation District, do
hereby certify that the above and foregoing Ordinance No. OCSD-41 was passed and
adopted at a regular meeting of said Board on the 271" day of March, 2013, by the
following vote, to wit:
AYES: Troy Edgar, Chair; John Anderson; Tom Beamish; David Benavidez; Keith
Curry; Jim Ferryman; Steve Jones; Lucille Kring; Michael Levitt, Brett
Murdock; John Nielsen; Brad Reese; Joe Shaw; David Shawver; Fred Smith,
Teresa Smith, Constance Underhill (Alternate); and John Withers.
NOES: Steven Choi; Tyler Diep; Peter Kim, Mark McCurdy (Alternate); Prakash
Narain; Janet Nguyen; and Greg Sebourn.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand this 271" day of March, 2013.
Maria It. Ayala
Clerk of the Board
Orange County Sanitation District
Return to Agenda Report
RESOLUTION NO. OCSD 13-05
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE
COUNTY SANITATION DISTRICT DIRECTING THE COUNTY TAX
COLLECTOR-TREASURER TO INCLUDE REGIONAL SANITARY
SEWER SERVICE CHARGES ON THE TAX ROLL FOR FISCAL
YEARS 2013-2014 THROUGH 2O17-2018.
The Board of Directors of the Orange County Sanitation District("District") does
hereby find:
A. On March 27, 2013, the Board of Directors adopted Ordinance No.
OCSD-41,An Ordinance of the Board of Directors of Orange County Sanitation
District Amending and Restating Ordnance No. OCSD-35 Concerning Sanitary
Sewer Service Charges and Repealing Ordinance No. OCSD-35; Adopting
Revised Table A RE Residential User Fees and Revised Table B Property Use
Classifications.
B. By adoption of Ordinance No. OCSD41, the Board of Directors elected to
adopt, impose, and collect rates and charges for regional sanitary sewer services
provided by the District and correspondingly established procedures related thereto.
C. California Health & Safety Code section 5473 provides that such charges,
as adopted by District Ordinance No. OCSD-41, 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. OCSD-41 reflect an allocation
of the costs of operation and maintenance, 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 sanitary
sewer service charges set by Ordinance No. OCSD-41 comply with the provisions of
Article XIIID, in that they do not exceed the cost to the District to provide the service and
facilities.
F. The District provided notice as required by Health and Safety Code
section 5473.1, and held a public hearing on March 27, 2013, at which time the 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:
916112.1 1
Section 1: That the rates and charges set forth in Ordinance No. OCSD41
are affirmed herein by the Board of Directors, as consistent with the findings
hereinabove stated, for Fiscal Years 2013-2014 through 2017-2018, in the following
amounts:
Annual Sanitary Sewer Service User Fees
Residential Users
FISCAL YEAR 2013-14 2014-15 2015-16 2016-17 2017-18
SFR $308.00 $316.00 $323.00 $331.00 $339.00
MFR $215.60 $221.20 $226.10 $231.70 $237.30
SFR = Single Family Residential
MFR = Multi-Family Residential
All properties located within Revenue Area 14 pay no annual sewer service charges.
District costs relating to providing service to these properties are billed by OCSD directly
to the Irvine Ranch Water District, the local agency providing the local sewer service.
Section : That pursuant to California Health & Safety Code Section 5473,
the Board hereby elects and directs the County Tax Collector-Treasurer to include
regional sanitary sewer service charges, as adopted by Ordinance No. OCSD41, 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 regional sanitary sewer
service charges be included in the annual property tax bills for Fiscal Years 2013-2014
through 2017-2018.
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 sanitary sewer service charges, as established by Ordinance
No. OCSD41, are changed by increasing the annual rate.
Section 4: That the General Manager, or his designee, be, and is hereby
authorized and directed, to execute any necessary documents or agreements to effect
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. 13-05 are hereby superseded.
Section . That the General Manager, or his designee, is hereby authorized
to forward a copy of this Resolution to the Orange County Tax Collector-Treasurer.
916112.1 2
Return to Mende Report
PASSED AND ADOPTED at a regular meeting held March 27, 2013.
l
Troy Edgar
Chair, Orange Cou t Sanitation District
ATTEST:
Maria At ala
Clerk of the Board
916112.1 3
ITEM NO. 16
MINUTES
STEERING COMMITTEE MEETING
Orange County Sanitation District
The Steering Committee meeting convened on Wednesday, April 23, 2014, at
5:33 p.m. in the Administration Building of the Orange County Sanitation District.
A quorum was declared present, as follows:
COMMITTEE MEMBERS STAFF PRESENT
PRESENT: Jim Herberg, General Manager
Troy Edgar, Chair Bob Ghirelli, Assistant General
Tom Beamish, Vice-Chair Manager
Brad Reese, Administration Committee Nick Arhontes, Director of Facilities
Chair Support Services
John Nielsen, Operations Committee Jeff Reed, Director of Human
Chair Resources
Keith Curry, Member-At-Large Rob Thompson, Director of
Brett Murdock, Member-At-Large Engineering
Ed Torres, Director of Operations &
Maintenance
COMMITTEE MEMBERS ABSENT: Lorenzo Tyner, Director of Finance &
John Withers, Member-At-Large Administrative Services
Maria Ayala, Clerk of the Board
Norbert Gaia
Rich Spencer
OTHERS PRESENT:
Brad Hogin, General Counsel
PUBLIC COMMENTS:
None.
REPORTS:
Chair Edgar announced the May 21" State of the District event, and said a reminder
would be sent out in the next few days. He also reminded the Committee about the
required discrimination and harassment training, and that two dates would be offered for
the Board to participate in this training.
Minutes of the Steering Committee
April 23, 2014
Page 2 of 3
Jim Herberg, General Manager, reported that OCSD's What 2 Flush campaign had
received an Excellence in Communications award from CAPIO for
marketing/communications campaign. He also announced that Chair Edgar was
recently awarded the ACC-OC Liaison Award for actively promoting the value and
benefit of collaborative policymaking.
Mr. Herberg reported on the following from his General Manager's Monthly Status
Update: upcoming earthquake inspections presentation at the next committee meetings;
the District receiving the Water Prize, Safety award, Headworks award, and GFAO
award; update on the disinfection program; recent hiring of four new managers (two
engineering managers, a Risk Manager, and a Maintenance Manager); update on
community outreach events for the month of April; labor negotiations brief update as no
closed session would be necessary; and an update on the biosolids hydrogen fuel
project.
CONSENT CALENDAR:
1. MOVED, SECONDED, AND DULY CARRIED: Approve Minutes of the
March 26, 2014 Steering Committee Meeting.
AYES: Beamish, Curry, Edgar, Reese, Murdock, and Nielsen
NOES: None
ABSTENTIONS: None
ABSENT: Withers
ACTION ITEMS:
2. Approve and/or Ratify Board Director business travel, as listed in the
enclosed agenda report, in accordance with Board Resolution No. OCSD
14-04.
AYES: Beamish, Curry, Edgar, Reese, Murdock, and Nielsen
NOES: None
ABSTENTIONS: None
ABSENT: Withers
Minutes of the Steering Committee
April 23, 2014
Page 3 of 3
CLOSED SESSION
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
None.
ADJOURNMENT:
The Chair declared the meeting adjourned at 6:17 p.m.
Submitted by:
Maria E. Ayala
Clerk of the Board
STEERING COMMITTEE Meeting Dare TOBA.Of Dir.
05/28/14 OS/28/14
AGENDA REPORT Item Number Item Nu bar
z v
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: PROPOSED NEW BYLAWS— CALIFORNIAASSOCIATIONOF
SANITATION AGENCIES (CASA)
GENERAL MANAGER'S RECOMMENDATION
Authorize the General Manager or his designee to vote on behalf of the Orange County
Sanitation District in support of the California Association of Sanitation Agencies' new
bylaws via ballot due on June 16, 2014.
SUMMARY
The California Association of Sanitation Agencies (CASA) is reaching out to its member
agencies at this time to seek approval of new bylaws. CASA's Executive Board
identified the need to modemize and update its bylaws to ensure CASA is compliant
with applicable California law. Membership approval is required in order for the new
bylaws to become effective.
The proposed bylaws address the following areas:
A. Membership: Clarification of voting rights for member agencies; definition of quorum
B. Board of Directors: Change of nomenclature from Executive Board to Board of
Directors; length of terms; compliance regarding official notices of Board meetings
C. Officers: Designation of officers; manner of election of officers
D. Committees: Authorization of committee types
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
N/A
Page 1 of 2
CEQA
N/A
BUDGET/PURCHASING ORDINANCE COMPLIANCE
N/A
ATTACHMENTS
The following attachment(s) are attached in hard copy and may be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package and attachments:
• Bylaws of California Association of Sanitation Agencies
• Transmittal letter from CASA to Orange County Sanitation District including
Summary of Bylaw Changes
JC:jb:gc
Page 2 of 2
Return to Mende Report
Adopted by the Board of Directors March 10, 2014
Approved by the Membership , 2014
BYLAWS
OF
CALIFORNIA ASSOCIATION OF SANITATION AGENCIES
(a California nonprofit mutual benefit corporation)
ARTICLE I.
General Provisions
Section 1. Name. The name of this corporation is CALIFORNIA ASSOCIATION OF
SANITATION AGENCIES (hereafter referred to in these bylaws as "CASA" or
"Association").
Section 2. Principal Office. The principal office for the transaction of business of the
Association shall be located in California. The Board of Directors ('Board") shall have
the authority to set and change the precise location of the principal office so long as the
principal office remains in California. The Association may also have offices at such
other places within or without the State of California where it is qualified to do business,
as its activities may require, and as the Board may from time to time designate.
Section 3. Purposes and Limitations. The Association is a NONPROFIT MUTUAL
BENEFIT CORPORATION organized under California law. The Association is formed
for the purpose of engaging in any lawful act or activity for which a nonprofit mutual
benefit corporation may be organized under the law.
The specific purpose of this Association is to provide leadership, advocacy and
information to members, legislators, and the public, and to promote clean water and
beneficial reuse issues that protect public health and the environment.
ARTICLE II.
Members
Section 1. Voting Members. CASA is organized with members, but without capital
stock. Any local public agency or public organization authorized by California law to
engage in the collection, treatment, or disposal of wastewater or the recycling of water
therefrom, may become a full voting member of the Association upon signing and
approval of a membership application/agreement and payment of the required dues.
All persons admitted to voting membership in the Association shall have the rights
afforded members under the California Nonprofit Mutual Benefit Corporation Law,
including the right to vote on issues put before the membership. Each voting member
shall have one (1) vote on membership issues.
Each voting member shall designate in writing the individual who shall exercise the
voting rights and other privileges on behalf of the member and two alternates to that
individual as well. The designation shall be filed with the Secretary of the Association and
shall be maintained with the corporate records. Said designation may be changed by
written notice to the Secretary of the Association.
Section 2. Non-voting Associate Members. CASA may also admit associate
members who shall be non-voting members of the Association. Any person who isn't
qualified for voting membership but who has a bona fide interest in the welfare of the
Association and its mission and strategic goals may become an associate member upon
signing and approval of a membership application/agreement and payment of the
required dues. For purposes of these bylaws, "person" shall mean an individual, sole
proprietorship, limited or general partnership, limited liability company, corporation, or
any other business entity recognized by the state of California.
Associate members shall be non-voting members of the Association and shall not have
any of the voting rights or other rights afforded voting members under the California
Nonprofit Mutual Benefit Corporation Law.
Section 3. Non-voting Honorary Members. Any individual who meets the following
minimum criteria may, by majority vote of the Board, be granted an honorary life
membership in the Association:
1. He or she is no longer actively employed by or affiliated with a voting member of the
Association.
2. He or she has held leadership positions, such as officer, director, committee chair or
staff in the Association.
3. He or she has been an active participant in the Association for at least ten years.
4. He or she has made a significant individual contribution to the Association's mission
and goals.
Honorary life members are not required to pay fees, dues or assessments, nor shall they
be entitled to vote or hold office as a director or officer or be employed as staff. They
shall be entitled to notice of meetings and to attend meetings in an emeritus capacity at
their own expense so as to contribute their knowledge and experience for the good of the
Association.
2
Return to Agenda Report
Section 4. Fees. Dues. and Assessments. The fees, dues, and assessments for all
members of the Association shall be set by the Board and approved by the voting
members.
Section 5. Good Standina. Those CASA members who have timely paid the required
fees, dues, and assessments, who conduct themselves in accordance with any code of
ethics established by the Association, and who are not in violation of any bylaw, rule, or
policy of the Association, shall be members in good standing.
Section 6. Termination of Membership. Membership shall terminate on the
occurrence of any of the following events:
(a) Resignation of a member upon notice to the Association;
(b) Failure of a member to pay any fees, dues, or assessments within the
period of time established by the Board after they become due and
payable;
(c) Expulsion pursuant to Sections 7 and 8 of this Article.
Section 7. Suspension or Expulsion from Membership. Any CASA member may be
suspended or expelled in accordance with this Article, based on the good faith
determination by the Board, or a committee authorized by the Board to make such a
determination, that the member has failed in a material and serious degree to comply
with the Association's Articles of Incorporation, bylaws, code of ethics if any, or any law
applicable to the Association and its members, or has engaged in conduct materially and
seriously prejudicial to the purposes and interests of the Association.
An entity whose membership is suspended shall not be a member in good standing
during the period of suspension.
Section 8. Procedure for Suspension or Expulsion. If grounds appear to exist for
suspension or expulsion of a member under this Article, the procedures set forth below
shall be followed:
(a) The member shall be provided at least 15 days prior notice of the
proposed suspension or expulsion and the reasons for the proposed
suspension or expulsion. Notice shall be given by any method reasonably
calculated to provide actual notice. Any notice given by mail shall be sent first
class or express mail to the member's last address as shown on the
Association's records.
(b) The member shall be given an opportunity to be heard, either orally or in
writing, at least five (5) days before the effective date of the proposed
suspension or expulsion. The hearing shall be held, or the written statement
3
considered, by the Board or by a committee authorized by the Board to
determine whether the suspension or expulsion should take place.
(c) The Board or authorized committee shall decide whether or not the member
should be suspended, expelled or sanctioned in some other way. The
decision of the Board or committee shall be in writing and shall be final.
(d) Any action challenging an expulsion, suspension or termination of
membership, including any claim alleging defective notice, must be
commenced within one year after the effective date of the expulsion,
suspension or termination.
Section 9. Effect of Termination. Suspension or Expulsion. All rights and privileges
of a member of the Association shall cease upon termination, suspension or expulsion
from membership. If a suspended member also has a director/officer on the Board,
he/she will not be eligible to serve on the Board during the period of the member's
suspension. He/she may resume his/her director/officer duties if the suspension is lifted
and good standing is restored.
In the case of termination or expulsion, the member's membership in the Association
shall terminate on the effective date of the termination or expulsion. If the terminated or
expelled member had a director/officer on the Board, he/she shall no longer be eligible to
serve on the Board as of the effective date of the member's termination or expulsion.
However, termination, suspension or expulsion shall not relieve the member(or former
member) of any existing obligations to the Association (e.g. unpaid dues, fees, or
assessments, duties of loyalty and confidentiality relative to CASA if the member had a
director/officer on the Board, duty to return CASA property and documents, etc).
Section 10. No property Rights/No Withdrawal Value. Membership in the
Association does not constitute an ownership interest in any asset of the Association at
any time. If a member is terminated or expelled for any reason, the Association shall not
be liable for the payment of any amount whatsoever to the member. Each member is
received into membership on its express agreement to this provision.
Section 11. Transfer of Memberships. A membership or any right arising from
membership may not be transferred to another person without the prior written approval
of the Board.
Section 12. Limitations. No person shall hold more than one membership in the
Association.
Section 13. Liability of Members. Except as provided by law, no member is liable for
the Association's debts, liabilities, or obligations.
Section 14. Meetings of Members.
4
Return to Mende Report
(a) Place of Meetings. Meetings of the members shall be held in any place
designated by the Board. In the absence of any such designation,
members' meetings shall be held at the Association's principal office.
(b) Annual Meeting. An annual meeting of the members shall be held each
year at a time and location determined by the Board. At this meeting, any
proper business may be transacted, subject to any limitations in law or
these bylaws. Written notice of the annual members' meeting shall be
given to all members of the Association, and the Board, in accordance with
the procedures provided in subsections (d) and (a) below. Only voting
members of CASA as described in Section 1 above may vote at the CASA
annual membership meeting. Other interested persons may attend (but do
not vote), and may be excluded from some portions of the meeting in the
discretion of the Board President.
(c) Special Meetings of the Members. Other meetings of the members
("special meetings") may be called at any time by 1) the Board, (2)the
President of the Board, or (3) five percent of the voting members.
A special meeting of members shall be called by written request, specifying
the general nature of the business proposed to be transacted and
submitted to the President or the Secretary of the Association. The officer
receiving the request shall cause notice to be given promptly to the
members entitled to vote, in accordance with subsections (d) and (a)
below, stating that a meeting will be held at a specified time and date. If
the meeting is called by anyone other than the Board or President, the
meeting date shall be at least thirty-five (35), but not more than ninety (90)
days after receipt of the request. If the Board or President calls the
meeting, the meeting date may be any date for which appropriate notice is
given in accordance with subsections (d) and (a) below. If notice of a
requested special meeting is not given within twenty (20) days after receipt
of the request, the person or persons requesting the meeting may give the
notice.
(d) Notice Requirements for Members' Meetings. Written notice of any
membership meeting shall be given, in accordance with these bylaws, to
each voting member of the Association. Subject to any additional
requirements in law or these bylaws, the notice shall state the place, date
and time of the meeting, the means of electronic transmission by and to the
Association (Corporations Code Sections 20 and 21) or electronic video
screen communication, if any, by which members may participate in the
meeting, and the general nature of the business to be transacted, and no
other business may be transacted. The notice of any meeting at which
directors are to be elected shall include the names of all those who are
nominees at the time the notice is given to members.
5
(a) Manner of Giving Notice for Meetings. Except as otherwise provided in
these bylaws or by law, notice of any meeting of members shall be sent not
less than 10 nor more than 90 days before the date of the meeting to each
member who, on the record date for notice of the meeting, is entitled to
vote; provided, however, that if notice is given by mail, and the notice is not
mailed by first-class or express mail service, then that notice shall be given
not less than 20 days before the meeting.
Notice of a members' meeting or any report shall be given personally, by
electronic transmission (Corporations Code sections 20 and 21), or by
regular, bulk, or express mail service, addressed to a member at the
address of the member appearing on the books of the Association or given
by the member to the Association for purpose of notice; or if no such
address appears or is given, at the place where the principal office of the
Association is located. An affidavit of giving of any notice or report in
accordance with the provisions section, executed by the Secretary, shall be
prima facie evidence of the giving of the notice or report.
Notice given by electronic transmission by the Association under this
subdivision shall be valid only if it complies with Corporations Code Section
20. Notwithstanding the foregoing, notice shall not be given by electronic
transmission by the Association after either of the following:
(1) The Association is unable to deliver two consecutive notices to the
member by that means.
(2) The inability to so deliver the notices to the member becomes
known to the Secretary or other person responsible for the giving of the
notice.
Section 15. Waiver of Notice or Consent. The transactions of any members' meeting,
however called or noticed and wherever held, shall be as valid as though taken at a
meeting duly held after regular call and notice, if(1) a quorum is present, and (2) either
before or after the meeting, each member who is not present in person, signs a written
waiver of notice, a consent to holding of the meeting, or an approval of the minutes. The
waiver of notice, consent or approval need not specify either the business to be
transacted or the purpose of any meeting of members. All such waivers, and consents,
or approvals shall be filed with the corporate records or made a part of the minutes.
A member's attendance at a meeting shall also constitute a waiver of notice of and
presence at that meeting, unless the member objects at the beginning of the meeting to
the transaction of any business because the meeting was not lawfully called or
convened. Also, attendance at a meeting is not a waiver of any right to object to the
consideration of matters required to be included in the notice of the meeting, but not so
included, if that objection is expressly made at the meeting.
6
Return to Mende Report
Section 16. Quorum. Thirty(30) of the voting members shall constitute a quorum for
the transaction of business at any meeting of members. Provided, however, that if any
meeting of members is actually attended by less than one-third of the voting power, the
only matters that may be voted on are those for which the general nature of the action
was specified on the notice of the meeting.
Section 17. Loss of Quorum. The members present at a duly called or held meeting at
which a quorum is present may continue to transact business until notwithstanding the
withdrawal of enough members to leave less than a quorum, if any action taken (other
than adjournment) is approved by at least a majority of the members required to
constitute a quorum (or by a greater number if required by law or by the articles of
incorporation or these bylaws). Any meeting may be adjourned by a majority of those
members in attendance, whether or not a quorum is present.
Section 18. Act of the Members. If a quorum is present, the affirmative vote of a
majority of the voting power represented at the meeting, entitled to vote and voting on
any matter, shall be the act of the members, unless the vote of a greater number is
required by law, or by the articles of incorporation or these bylaws.
Section 19. Eligibility to Vote/Number of Votes. Voting members entitled to vote at
any meeting of members or by ballot shall be all those voting members in good standing
as of the date the vote is taken. Each voting member shall be entitled to one vote at any
annual or special meeting of members.
Section 20. Proxies. Proxy voting is not allowed.
Section 21. Action of Members by Written Ballot Without a Meeting. Any action that
may be taken at any meeting of members may be taken without a meeting by complying
with the following procedure.
The President of CASA shall cause a ballot to be distributed to each voting member in
accordance with Section 14(e) of this Article.
Any written ballot pursuant to this section shall: 1) set forth the proposed action, 2)
provide an opportunity to specify approval or disapproval of any proposed action, and 3)
provide a reasonable time within which to return the ballot to the Association.
The cover letter or memo soliciting ballots shall indicate the number of responses
needed to meet the quorum requirement and, with respect to ballots other than for the
election of directors, shall state the percentage of approvals necessary to pass the
action submitted. The solicitation must specify the time by which the ballot must be
received by the Association in order to be counted.
Approval of an action by written ballot pursuant to this section shall be valid only when
the number of votes cast by ballot within the time period specified equals or exceeds the
quorum required to be present at a meeting authorizing the action, and the number of
approvals equals or exceeds the number of votes that would be required to approve at a
7
meeting at which the total number of votes cast was the same as the number of votes
cast by ballot.
Directors may be elected by written ballot under this section. If directors are to be elected
by written ballot and the Board adopts a nomination procedure for the election process,
the procedure may provide for a date for the close of nominations prior to the printing
and distributing of the written ballots.
A written ballot may not be revoked. All written ballots shall be filed with the Secretary of
the Association and maintained in the corporate records for at least three years.
ARTICLE III.
Board of Directors
Section 1. Powers of Board of Directors. The Board, subject to restrictions of law, the
Articles of Incorporation, and these bylaws, shall exercise all powers of the Association.
Without limitation on its general power, except as specked herein, the Board may do the
following:
(a) Policies. Adopt policies, rules and procedures for the management and
operation of the Association.
(b) Administration. Employ or retain an individual or management firm to
administer the day-today activities of the Association. An individual
retained pursuant to this authority shall be known as the Executive Director.
The Executive Director, if any, cannot also be a member of the Board. The
Board may also employ, retain, or authorize the employment of such other
employees, independent contractors, agents, accountants, and legal
counsel as it from time to time deems necessary or advisable in the interest
of the Association, prescribe their duties and set their compensation.
(c) Bonds. Require officers, agents, and employees charged by the
Association with responsibility for the custody of any of its funds or
negotiable instruments to give adequate bond.
(d) Borrowing money. Borrow money and incur indebtedness on behalf of the
Association and cause to be executed and delivered for the Association's
purposes, in the Association name, promissory notes, bonds, debentures,
deeds of trust, mortgages, pledges, liens, and other evidences of debt and
securities.
(e) Gifts. Receive and accept gifts, devises, bequests, donations, annuities,
and endorsements of real and personal property, and use, hold and enjoy
the same, both as to principal and income, and to invest and re-invest the
same or any part thereof for the furtherance of any objects, interests or
purposes of this Association.
8
Return to Aaenda Reoorl
(f) Contributions. Make such contributions as the Board determines are
necessary and advisable in furtherance of the interests and purposes of
this Association.
(g) Fiscal Year. Fix and change the fiscal year of the Association.
(h) Contracts. Enter into contracts and agreements with individuals and with
public and private entities for the advancement of the purposes for which
the Association is organized.
(i) Property. Acquire, construct and possess real and personal property.
Q) Bank Accounts and Special Funds. Establish one or more bank accounts
and/or special funds in order to accomplish and further the purposes of the
Association.
(k) Committees. Appoint committees as provided in these bylaws.
(1) Lobbying/Political Activity. Lobby local, state, and federal agencies and
officials and engage in political activity on issues important to the members
of CASA.
(m) Political Action Committees. Establish and administer state and federal
political action committees in order to accomplish and further the purposes
of CASA.
(n) Litigation. Initiate or participate in litigation as a party or via amicus brief if
such action is deemed in the best interests of the corporation.
(o) Other. Do and perform all acts and exercise all powers incidental to, or in
connection with, or deemed reasonably necessary for the proper
implementation of the purposes of the Association.
Section 2. Number/Qualifications. The Board shall consist of 13 directors as follows:
Twelve (12) directors elected by and from among the voting members, and
One (1) director appointed by the President from among the non-voting associate
members.
Every director must be interested in and committed to the mission and purposes of
CASA.
Section 3. Election of Directors. The twelve elected directors shall be elected at the
annual meeting of the membership, or by written ballot in accordance with these bylaws.
The one appointed director shall be appointed by the President at the annual meeting of
9
the Board. The Board may adopt additional procedures relative to the nomination and
election process.
Section 4. Terms of Office. The term of office for all elected directors shall be three (3)
years and all elected directors shall serve until expiration of the term for which elected
and until a successor has been elected and qualified. The term of office for the
appointed director shall be one (1) year and he/she shall serve until expiration of the
term for which appointed and until a successor has been appointed and qualified. There
shall be no limit on the number of terms a director may serve if he or she remains
qualified and elected or appointed. The terms of the elected directors may be staggered
using any reasonable method.
Section S. Reduction of Number of Directors. No change of the authorized number of
directors shall have the effect of removing any director before that director's term of
office expires.
Section 6. Resianations/Removals. Any director may resign by giving written notice to
the President or the Secretary. The resignation shall be effective when the notice is
given unless it specifies a later time for the resignation to become effective.
Any elected director may be removed from the Board by a majority vote of the members
at any properly called and noticed membership meeting where a quorum is present or by
written ballot pursuant to Section 21 of Article II above. The appointed director may be
removed from the Board by a majority vote of the other Board members at any properly
called and noticed Board meeting where a quorum is present.
Section 7. Vacancies. A vacancy or vacancies on the Board shall exist on the
occurrence of the following: (a) the death or resignation of any director, (b) the
declaration by resolution of the Board of a vacancy in the office of a director who has
been declared of unsound mind by an order of court or convicted of a felony, (c) the vote
of the members or the Board, as applicable, to remove any director(s), (d) the increase
of the authorized number of directors, or(a) the failure of the members, at any meeting of
members at which any director or directors are to be elected, to elect the number of
directors required to be elected at that meeting or the failure of the Board to appoint any
director they are authorized to appoint.
Section 8. Filling Vacancies. Vacancies on the Board may be filled by a majority vote
of the remaining directors on the Board at any properly called and noticed Board meeting
where a quorum is present. The members may fill any vacancy or vacancies not filled by
the Board. Any individual filling a vacancy pursuant to this section shall meet the criteria
for election to that seat. An individual appointed to fill a vacancy shall serve until the end
of the term of the director whose vacancy he or she is filling.
Section 9. Annual and Special Board Meetings. An annual meeting of the Board shall
be held in conjunction with the annual membership meeting. Other meetings ("special
meetings") of the Board may be held from time to time on the call of the President, the
10
Return to Mende Report
Board, or any two directors. The time and purpose for any special meeting shall be set
by the person(s) calling such meeting.
Section 10. Notice of Board Meetings. Notice of meetings of the Board, specifying the
time and place of the meeting, shall be given to each director at least seven (7) days
before the meeting if sent by first-class mail or express mail service, or forty-eight (48)
hours before the meeting if personally delivered or delivered by telephone (including a
voice messaging system), or by electronic transmission by the Association (Corporations
Code Section 20).
Notice shall be deemed delivered when deposited in the U.S. mail or with an express
mail service, or when received if delivered personally or by telephone, or on its
confirmation of delivery if by electronic transmission. A notice, or waiver of notice, need
not specify the purpose of any meeting of the board.
Section 11. Place and Time of Meetings. Meetings of the Board shall be held at
whatever place and time is designated from time to time by the Board or persons calling
the meeting and, in the absence of any designation, shall be held at the principal office of
the Association.
Section 12. Board meetings by Telephone or Video Conference or by Electronic
Transmission.
Directors may participate in a meeting of the Board through use of conference telephone,
electronic video screen communication, or electronic transmission by and to the
Association (Corporation Code Sections 20 and 21).
Participation in a meeting through use of conference telephone or electronic video
screen communication constitutes presence in person at that meeting as long as all
directors participating in the meeting are able to hear one another.
Participation in a meeting through use of electronic transmission by and to the
Association, other than conference telephone and electronic video screen
communication, constitutes presence in person at that meeting if both of the following
apply:
(a) Each director participating in the meeting can communicate with all of the other
directors concurrently.
(b) Each director is provided the means of participating in all matters before the
Board, including, without limitation, the capacity to propose, or to interpose an objection
to, a specific action to be taken by the Association.
Section 13. Waiver of Notice and Consent to Meetings. Notice of a meeting need not
be given to any director who, either before or after the meeting, signs a waiver of notice,
a written consent to the holding of the meeting, or an approval of the minutes of the
meeting. The waiver of notice or consent need not specify the purpose of the meeting.
11
All such waivers, consents, and approvals shall be filed with the corporate records or
made a part of the minutes of the meetings. Notice of a meeting need not be given to
any director who attends the meeting and does not protest, before or at the
commencement of the meeting, the lack of notice to him or her.
Section 14. Quorum. A majority of the authorized number of directors shall constitute a
quorum of the Board for the transaction of business.
Section 15. Act of the Board. Unless otherwise restricted by law or these bylaws,
every act or decision done or made by a majority of directors present at a meeting duly
held at which a quorum is present shall be regarded as an act of the Board. A meeting
at which a quorum is initially present may continue to transact business, despite the
withdrawal of a director(s), if any action taken or decision made is approved by at least a
majority of the required quorum for that meeting.
Section 16. Adiournment. A majority of the directors present, whether or not a quorum,
may adjourn any meeting to another time and place. If the meeting is adjourned for more
than 24 hours, notice of the adjournment to another time or place must be given prior to
the time of the adjourned meeting to the directors who were not present at the time of the
adjournment. Any business that might have been transacted at a meeting as originally
noticed may be transacted at an adjourned and rescheduled meeting.
Section 17. Closed Meetings. Any meeting of the Board may be closed by the
President so that only directors and individuals deemed necessary by the President are
present. Members of the Association who are not directors may attend any Board
meeting unless excluded by the President as described in this Section.
Section 18. Board Action Without Meeting. Any action required or permitted to be
taken by the Board may be taken without a meeting, if all directors on the board
individually or collectively consent in writing to that action. An action by written consent
shall have the same force and effect as a unanimous vote of the directors.
Section 19. Compensation of Directors/Officers. Directors and officers shall not
receive compensation from CASA for their services as directors/officers.
Directors/officers may, at the discretion of the Board, receive reimbursement for travel
and other actual expenses related to activities on behalf of the Association if authorized
by the Board or a committee having such authority.
Section 20. Voting Power. For all purposes, the voting power of each voting director
shall be one vote.
Section 21. Property Rights. No director shall have any property rights in any assets
of the Association.
12
Return to Mende Report
ARTICLE IV.
Officers
Section 1. Officers of the Association. The elected officers of the Association shall be
a President, a Vice-President, and a Secretary/Treasurer. All officers must be directors.
The Executive Director shall be an officer of the corporation, but not an elected officer.
Section 2. Election of Officers. The elected officers of the Association shall be
elected by the Board from among its directors at the annual Board meeting.
Section 3. Terms of Office: Term Limits. Elected officers shall serve at the pleasure
of the Board for one (1) year terms. There is no limit on the number of terms an officer
may serve if she is a director and continues to be qualified and elected by the Board.
Section 4. Removal of Officers. Any elected officer may be removed at any time, with
or without cause, by a majority vote of the Board at any properly called and noticed
meeting where a quorum is present.
Section S. Resignation of Officers. An officer may resign at any time by giving written
notice to the President or Secretary of CASA. The resignation shall take effect as of the
date the notice is received or at any later time specified in the notice and, unless
otherwise specified in the notice, the resignation need not be accepted to be effective.
Section 6. Vacancies in Office. A vacancy in any office because of death, resignation,
removal, disqualification, or any other cause shall be filled by a majority vote of the
directors present at any annual or special meeting of the Board where a quorum is
present. The individual filling a vacant officer position shall serve until the end of the
term of the officer whose vacancy he or she is filling.
Section 7. Responsibilities of Officers.
(a) President. The President of the Board shall preside at meetings of the
Board and shall exercise and perform such other powers and duties as the Board may
assign from time to time.
(b) Vice-President. In the absence or disability of the President, the Vice-
President shall perform all of the duties of the President, and when so acting, shall have
all the powers of and be subject to all the restrictions on the President. In case of death
or resignation of the President, the Vice-President shall assume the office of President
and fulfill the remainder of that term of office. The Vice-President shall have such other
powers and perform such other duties as the Board or the bylaws may prescribe.
(c) Secretary/Treasurer.
The Secretary/Treasurer shall keep or cause to be kept a book of minutes
at the principal office, or at such other place as the Board may order, of all meetings of
13
the Board. The Secretary/Treasurer shall give, or cause to be given, notice of all
conferences and meetings of the Members and Board for which the bylaws require
notice, and shall have such other powers and perform such other duties as the Board or
the bylaws prescribe.
The Secretary/Treasurer shall keep and maintain the following records on behalf of the
corporation:
• Copies of the Articles of Incorporation and Bylaws.
• Accounting books.
• Minutes of board and membership meetings.
• Membership lists.
• Any records related to special meetings.
• Tax records.
The Secretary/Treasurer shall cause to be prepared and distributed the following reports
on behalf of the corporation:
• Annual Report: An annual report, audited by a Certified Public Accountant
selected by the Board, must be prepared within 120 days of the close of the
corporation's fiscal year. This must include: a balance sheet for the end of the
fiscal year; an income statement and statement of changes in financial position for
the fiscal year; a statement of where the records of current members' names and
addresses are located and; a statement of transactions involving self-dealing,
indemnifications or advances between the corporation and any director, officer or
holder of more than 10 percent of voting power.
The report must be made available to any member on request, and members
must be notified of the availability of the report annually.
• Secretary of State Filing: A biennial form must be filed with the Secretary of State
that gives the name and address of the officers and an agent for service of
process.
• IRS tax return: A federal tax return must be prepared and filed by November 15 of
each year.
(d) Executive Director. The Executive Director serves at the pleasure of the
Board and may not be an individual who is serving on the Board. The Executive Director
shall be the chief executive officer and general manager of CASA and shall supervise,
direct, and control the Association's day-to-day activities, affairs, and administration. The
Executive Director shall keep the Board apprised of significant matters relating to the
operation of the Association, its activities, employees, contractors, and financial
condition. The Executive Director shall have such other powers and duties as the Board
or the Bylaws may prescribe.
14
Return to Agenda Report
ARTICLE V.
Committees
Section 1. Committees of the Board. The Board may create one or more
.'committees of the Board", each consisting of two or more directors and no persons who
are not directors, to serve at the pleasure of the Board. Appointments to committees of
the Board shall be made by the President. Any such committee, to the extent provided
in the Board resolution creating the committee, shall have all the authority of the Board,
except that no committee, regardless of Board resolution, may:
(a) Fill vacancies on the Board or on any committee that has the authority of
the Board;
(b) Fix compensation of the directors for serving on the Board or on any
committee;
(c) Amend or repeal Bylaws or adopt new Bylaws;
(d) Amend or repeal any resolution of the Board that by its express terms is not
so amendable or repealable;
(e) Create any other committees of the Board or appoint the members of
committees of the Board; or
(f) Approve any contract or transaction to which the Association is a party and
in which one or more of its directors has a material financial interest, except as allowed
by the California Corporations Code.
Section 2. Notice Requirements for Committees of the Board. Written notice for
meetings of committees of the Board shall be given in accordance with Article III of these
bylaws. Provided, however, that this notice may be waived in writing, or by the
committee member's actual attendance at the meeting.
Section 3. Quorum for Committees of the Board. A majority of the voting members
of any committee of the Board shall constitute a quorum, and the acts of a majority of the
voting members present at a meeting at which a quorum is present shall constitute the
act or recommendation of the committee.
Section 4. Advisory Committees. The Board may also establish advisory
committees composed of any number of directors and/or non-directors who shall be
appointed by the President. Advisory committees shall provide advice and
recommendations to the Board but shall not have the authority of the Board or any final
decision making authority.
Section 5. Meetings by Telephone or Video Conference or by Electronic
Transmission. Any meeting of a committee may be held by telephone or video
15
conference or by electronic transmission in the same manner provided for in Article III of
these bylaws.
ARTICLE VI.
Liability, Indemnification, and Insurance stop
Section 1. Liabili . Subject to any limitations contained in the California Corporations
Code, there is no monetary liability on the part of, and no cause of action for damages
shall arise against, any volunteer director or officer of the Association based on any
alleged failure to discharge the person's duties as a volunteer director or officer if the
duties are performed in accordance with the standards of conduct provided for in the
California Corporations Code.
Section 2. Indemnification.
(a) Indemnification. To the fullest extent permitted by law, this Association
shall indemnify its directors, officers, employees, and other persons
described in Section 7237(a) of the California Corporations Code, including
persons formerly occupying any such positions, against all expenses,
judgments, fines, settlements, and other amounts actually and reasonably
incurred by them in connection with any"proceeding," as that term is used
in that Section, and including an action by or in the right of the Association,
by reason of the fact that the person is or was a person described in that
Section. "Expenses," as used in this bylaw, shall have the same meaning
as in Section 7237 of the California Corporations Code.
(b) Approval of Indemnity. On written request to the Board by any person
seeking indemnification under Section 7237(b) or Section 7237(c) of the
California Corporations Code, the Board shall promptly determine under
Section 7237(e) of the California Corporations Code whether the applicable
standard of conduct set forth in Section 7237(b) or Section 7237(c) has
been met and, if so, the Board shall authorize indemnification. If the Board
cannot authorize indemnification because the number of directors who are
parties to the proceeding with respect to which indemnification is sought
prevents the formation of a quorum of directors who are not parties to that
proceeding, the Board shall promptly call a meeting of members. At that
meeting, the members shall determine under Section 7237(e) whether the
applicable standard of conduct set forth in Section 7237(b) or Section
7237(c) has been met and, if so, the members present at the meeting shall
authorize the indemnification.
Section 3. Insurance. The Board shall adopt a resolution authorizing the purchase and
maintenance of an insurance policy or policies or bond on behalf of its directors, officers
or employees against any liabilities, other than for violating provisions against self-
dealing, incurred by the director, officer or employee in such capacity or arising out of
their status as such.
16
Return to Mende Report
ARTICLE VII.
Miscellaneous
Section 1. Inspection of Records. The members and directors of the Association shall
have the right to inspect the records of the Association to the extent and under the
circumstances provided by the California Nonprofit Mutual Benefit Corporation Law.
Section 2. Fiscal Year. Unless changed by the Board, the fiscal year of the Association
shall begin on July 1 and end on June 30.
Section 3. Conflicts of Interest. Board members and committee members must
actively seek to avoid situations and activities that create an actual or potential conflict
between the individual's personal interests and the interests of the Association. If a
Board member or committee member believes that a conflict exists relative to a
particular issue being considered by the Board or any committee, he or she shall
disclose the conflict to the Board or committee, as appropriate, and abstain from
discussion or voting on the issue.
For purposes of this section and these bylaws, a "conflict of interest" means a situation in
which a Board or committee member is part of a discussion or decision by the Board or a
committee which has the potential to financially benefit that Board or committee member
or a member of that Board or committee member's immediate family. "Immediate family"
means, spouse or same-sex/domestic partner, children, parents, siblings, parents-in-law,
or siblings-in-law.
Both the fact and the appearance of a conflict of interest should be avoided. Board
members or committee members who are unsure as to whether a certain transaction,
activity, or relationship constitutes a conflict of interest should discuss it with the
President, who will determine whether disclosure to the Board or the assistance of legal
counsel is required.
Section 4. Intellectual Property. All intellectual property prepared or purchased by or
on behalf of the Association, including but not limited to the CASA name, educational,
promotional, and training materials, newsletters, contracts, logos, service marks,
membership lists, contributor lists, and research results, shall be the exclusive property
of the Association and directors, members, and contractors/employees agree to deal
with it as such. Directors, members and contractors/employees agree that they will not
sell, transfer, publish, modify, distribute, or use for their own purposes, the intellectual
property belonging to the Association without prior approval of the Board memorialized in
a writing signed by the President.
Section 5. Required Disclosures and Reporting. CASA shall comply with the
disclosure and reporting requirements of federal and state agencies to which it is subject.
17
ARTICLE Vill.
Amendments
Section 1. Amendment to Bylaws. These bylaws may be initially adopted, amended,
or repealed and new bylaws adopted, by a majority vote of the Board at any properly
called and noticed meeting where a quorum is present.
However, approval of the members is also required for any amendment or for new
bylaws after the initial adoption that would:
(a) Materially and adversely affect the members' rights as to voting or
dissolution;
(b) Effect an exchange, reclassification, or cancellation of all or part of the
memberships;
(c) Authorize a new class of membership;
(d) Change the number of authorized directors;
(a) Change from a fixed number of directors to a variable number of directors,
or vice versa;
(f) Increase or extend the terms of directors;
(g) Allow any director to hold office by designation or selection rather than by
election by the members;
(h) Increase the quorum for members' meetings; or
(i) Repeal, restrict, create, expand, or otherwise change proxy rights.
All proposed bylaw amendments or new bylaws must be sent to all directors and/or
members eligible to vote on such amendments or new bylaws at least ten (10) days prior
to the meeting at which the amendments or new bylaws will be discussed and voted on.
ARTICLE IX.
Dissolution
Section 1. Voluntary Dissolution. The Association may be voluntarily dissolved at any
time by a majority vote of the voting members at any properly called meeting where a
quorum is present. If the voting members approve the dissolution, the Board shall
promptly cease operations and proceed to wind up and dissolve the Association.
18
Return to Mende Report
Section 2. Remaining Assets. Upon the dissolution of the Association, all debts
thereof shall be paid and its affairs settled, and all remaining assets shall be distributed
as determined at the time of dissolution by the CASA Board in its sole discretion, so long
as the distribution is not inconsistent with law.
19
CERTIFICATE OF SECRETARY
OF
CALIFORNIA ASSOCIATION OF SANITATION AGENCIES
I certify that I am the duly elected and acting Secretary of the CALIFORNIA
ASSOCIATION OF SANITATION AGENCIES, a California Nonprofit Mutual Benefit
Corporation; that the above Bylaws, consisting of 20 typewritten pages including this
page, are the Bylaws of this Association as adopted by the Board of Directors on March
10, 2014, and approved by the voting members on 2014;
and that these Bylaws have not been amended since that date.
Executed on the day of 2014, at
California.
Secretary
a
c r,
3 C' w
C
< o L:
L'
20
Return to Agenda Report
rt CALIFORNIA ASSOCIATION of SANITATION AGENCIES
1225 8"Street.Suite 595•Sacramento,CA 95814•TEL:(916)446-0388_www.casaweb.ora
April 21, 2014
Executive Board
President
STEPHEN A.HOGG TO: James D. Herberg
City of Fresno Orange County Sanitation District
lst wee President 10844 Ellis Avenue
D WILLIAMS e
Eastast BD ay R Municipal Utility DislriDistrictFountain Valley, CA 92708
2nd Vice President
KEVIN M.HARDY FROM: ROBERTA LARSON, EXECUTIVE DIRECTOR
Encino Wastewater Authority
Sacratary-Treasum, RE: VOTE NEEDED ON PROPOSED NEW BYLAWS—MAIL
TOMDGE
ee Sandler,District BALLOTS DUE BY JUNE 16, 2014
TIMOTHY P.BECKER
Oro Loma Sanitary District Over the past two years, CASA has made a number of organizational
DAVE BACHTEL changes to implement the Association's Strategic Plan. As part of this
Lee A R. effort, the Executive Board identified the need to modernize and update
PAUL BUSHES the bylaws to ensure CASA is compliant with applicable California law.
Laucadia Wastewater Dishid The bylaws have been revised in accordance with the advice of general
WILLIAM C.LONG counsel, Jill S. England, and the Executive Board has approved the new
Nevado Sanitary District bylaws. Now we need the members' approval for the new bylaws to
JEFF M.MOORHOUSE become effective.
Ceminleria Sanitary Diahict
MARGIE L.RICE
MMway City Sanitary Disaict If adopted, the enclosed new bylaws will replace the existing bylaws in
E.J.SHALABY their entirety. The proposed bylaws address the following key areas:
West County Wastewater Distract a Membership: Clarification of voting, definition of quorum
Board of Directors: Length of terms
ROBERTA L.LARSON a Officers: Designated officers, manner ofelection
Executive Director • Committees: Types of committees authorized
MICHAEL F.DILLON
Slate Lobbyist The most significant changes are described in the following pages of this
GREG KESTER memorandum. In addition, the enclosed side-by-side comparison of the
Blosolids Program Manager proposed bylaws with the existing bylaws may assist you in your review.
ERIC SAPIRSTEIN
Federal Legislative Advocate CASA will also hold two webinars in early June for members interested in
Federal
learning more about the proposed bylaws and to answer any questions
members may have. Additional information regarding the schedule and
logistics for the webinars will be provided soon.
Historically, CASA has approved revisions to the bylaws during the
business meeting portion of the conference. We are using a mail ballot
for this election in order to have the new bylaws in place prior to the
annual conference in August. Each member agency has one vote. The
ballot is being sent out two months ahead of the voting deadline to allow
consideration of the bylaws by the agency governing boards, as
appropriate.
Vote Needed
April 21, 2014
page 2
Enclosed is an "Official Ballot"for the purpose of voting on this important matter. The
existing bylaws govern this process until the new bylaws are effective. Based on the
quorum requirement for membership actions, we need to receive ballots back from at
least a majority of the voting members (at least 56 ballots must be returned), and of
those voting, at least a majority must approve the new proposed bylaws.
Please complete the enclosed ballot and return it by the deadline. Your vote on this
matter is very important. When ballots are received, they will be placed, unopened,
in a designated location. Once the deadline to vote has passed, I will personally
open and count the ballots in the presence of two witnesses and report the results to
the membership.
We must receive your completed signed ballot at the CASA office (1225 8th Street,
Suite 595 Sacramento, CA 95814) no later than June 16, 2014, in order for it to be
counted. A postmark date will not suffice—a completed/signed ballot must be
received by that date.
Thank you in advance for your participation in this important vote. Please don't
hesitate to contact me if you have questions. Email: blarson(rDcasaweb.om
Ensuring Clean Water for California
Return to Mende Report
Proposed New CASA Bylaws
Why New Bylaws?
CASA's existing bylaws have served the organization well. The bylaws have not undergone
a comprehensive review and revisions for many years, and in the assessment of the Board
and Executive Director, no longer meet the Association's needs. The objective of the new
bylaws is to be (1) legally compliant; (2) address the core governance of the association; and
(3) allow flexibility to operate and adapt to changing priorities (for example, with regard to
committee structure.)
In November CASA retained Jill S. England to serve as General Counsel and to prepare
revised bylaws. Counsel's assessment was that the Association's existing bylaws are
deficient and require significant redrafting. The proposed bylaws reflect the recommended
bylaws for a section 501(c)(6) mutual benefit corporation and meet both state and federal law
requirements.
What are the Key Provisions?
Article It: Members
• Section 1: Each member agency must designate in writing the individual (and alternate)
who will have exclusive voting rights for the agency. (Page 2.)
• Sections 6-8: Sets forth the process for suspending or expelling a member. (Pages 3-4.)
• Section 13: Member meetings. State law requires that official notices of member
business meetings and ballots (for voting outside a meeting) be provided by U.S. mail
unless the members have signed a consent form. Thus, if CASA wants to rely on email
notices for member meetings, we must have consent forms on file. (Pages 5-6.)
• Section 15: Membership Quorum. A quorum is defined as 30 members. (Page 7.)
• Budget: The proposed bylaws delete the requirement that the annual budget be approved
by the membership. The budget is a planning document related to the sound
management of the Association, and will be approved by the Board.
Article III: Board of Directors
• Changes the nomenclature from Executive Board to Board of Directors.
• Section 4: Terms of Office. Provides for three year terms of office for elected Directors.
The President will continue to appoint the Associates' Director.
• Section 10: Board meetings. As noted above for member meetings, State law requires
that official notices of Board meetings be provided by U.S. mail unless the Directors have
signed a consent form. (Page 11.)
• Section 19: Prohibits compensation of Directors and elected Officers by CASA. Directors
and elected officers must be volunteers (not paid) in order to qualify for the liability
protection offered by section 7231.5 of the California Corporations Code. (Page 13.)
Article IV: Officers
• Sections 2-4: Election/Removal of Elected Officers. The revised bylaws call for the Board
to elect officers from among its members to serve one year terms, and specifies that
officers serve at the pleasure of the Board. This is the structure the statute contemplates
and it would allow the Board to deal with the (unlikely but not impossible) situation of a
non-performing or disruptive officer. (Page 13.)
• Section 7: Responsibilities of Officers: The proposed bylaws specify three officer
positions: President, Vice President and Secretary/Treasurer. (Page 14.)
• Past Presidents: Past Presidents with time remaining in their terms of office would serve
out their terms. If a president were in the third year of a three year term, it is possible that
he or she would leave the Board following the one year term as President.
Article V: Committees
This section has been significantly streamlined. The bylaws simply authorize the Board to
establish either committees of the Board or advisory committees and the committees are not
enumerated in the bylaws. Under the applicable statute, there are only two types of
committees authorized—"committees of the board" and "advisory committees." All
committees must fall under one of these two categories.
Article Vill: Amendments to Bylaws:
• Section 1: Specifies the types of bylaws changes that require member approval.
(Page 19.)
Return to Mende Report
Side-by-Side Comparison
CASA Bylaws
Topic Proposed Bylaws Current Bylaws Rationale for Change
Article II: Members
Official notices Requires Consent for Electronic Silent Consent Required by Law (Corp
Distribution of official notices Code
Dues Provides for member approval of Provides for member approval of No Change
dues dues
Quorum Defined as 30 members Defined as a majority of member Facilitates conduct of official
agencies represented at a meeting business outside meetings
Ensures quorum is representative
of membership by establishing
quorum as a fixed number of
members
Budget Approved annually by Board of Approved annually by membership Budgeting is a function of elected
Directors Board
Article III: Board of Directors
Nomenclature Board of Directors Executive Board Consistent with nonprofit
corporation law &typical practice
Terms of Office for 3 years; 4 seats elected each year Technically, one year but in Facilitates turnover, provides clarity
elected directors practice open ended re duration of commitment to
directors
Article IV: Officers
Number/titles Three (3): President, Vice President, Four (4): president, First Vice
Secretary/Treasurer President. Second Vice President,
Secretary/Treasurer
Election/terms Elected by the Board of Directors for Elected by the membership for one Consistent with statute; allows the
one (1) year terms (1) year terms Board to deal with non-performing
or disruptive officer.
Past Presidents May remain on the Board until end of Automatically remain on Board for Consistent with fixed terms
three year term as Director and may 2 years following term as President
be re-nominated
Article V: Committees
Types of Authorizes establishment of two types of Enumerates 12 Change is consistent with corporation law;
Committees committees: Board Committees, consisting Standing Allows greater flexibility with formation of
only of Directors and Advisory Committees (all committees committees, membership, functions, etc.
other committees) CASA will retain committees as outlined in the
attachment and announced to the membership
in January 2014 though no longer enumerated
in the bylaws
In addition, a number of provisions were removed from the bylaws. The goal was to have the bylaws conform to legal requirements
and reflect as much as possible the standards for non-profit associations. Deleting these programmatic details from the bylaws will
allow CASA to be more flexible, accommodate innovation, change its committee structure in response to member needs, and ensure
the bylaws serve their true function: To define, control and set the basic principles and manner by which the organization will be
operated.
CASA will continue to develop policies, procedures, strategic plans and other documents that will cover much of the information not
carried forward in the bylaws.
Provisions to be deleted or significantly revised:
• Mission and Strategic Goals (simplified into a statement of purpose)
• Committees (revised)
• Rules of procedure
• Schedule and Detail re Dues Structure.
Return to Mende Report
CALIFORNIA ASSOCIATION OF SANITATION AGENCIES
OFFICIAL BALLOT
The voting members of the California Association of Sanitation Agencies ("CASA") are
requested to cast their votes on the following important action:
New Bylaws
New bylaws have been approved by the Executive Board. A copy of the proposed new
bylaws is enclosed. The Board recommends repeal of the existing CASA bylaws and
approval of the new bylaws by the membership.
Please check one:
Approve repealing existing CASA bylaws and adopting proposed new bylaws
Do not approve repealing existing CASA bylaws and adopting proposed new bylaws
Please mark this Official Ballot for approval or disapproval and then print voting member's
name and your name and sign your name and date below where indicated.
In order to be counted, this original completed, signed and dated Official Ballot must be
RECEIVED at the CASA office (1225 8th Street, Suite 595, Sacramento, CA 95814) on or
before June 16, 2014. A postmark on that date is not sufficient—the ballot must be
received at the CASA office by the deadline in order to be counted. Thank you.
Dated:
Type or print name of CASA voting member
Signature of CASA voting member representative
Type or print name of representative
Telephone number
Email address
ITEM NO. 18
MINUTES
LEGISLATIVE AND PUBLIC AFFAIRS
SPECIAL COMMITTEE MEETING
Orange County Sanitation District
The Legislative and Public Affairs Special Committee meeting convened on
Monday, May 12, 2014, at 8:09 a.m. in the Administration Building of the Orange
County Sanitation District. Director Reese led the Flag Salute.
A quorum was declared present, as follows:
COMMITTEE MEMBERS STAFF PRESENT
PRESENT: Jim Herberg, General Manager
Troy Edgar, Board Chair Bob Ghirelli, Assistant General
Tom Beamish, Board Vice-Chair Manager
Brad Reese, Administration Committee Nick Arhontes, Director of Facilities
Chair Support Services
John Withers, Administration Jeff Reed, Director of Human
Committee Vice-Chair Resources
David Benavides, Director Rob Thompson, Director of
Engineering
Lorenzo Tyner, Director of Finance &
Administrative Services
COMMITTEE MEMBERS ABSENT: Maria Ayala, Clerk of the Board
John Nielsen, Operations Committee Faviola Miranda, Sr. Public Affairs
Chair Specialist
OTHERS PRESENT:
Heather Stratman, Townsend Public
Affairs
Eric Sapirstein, ENS (via teleconference)
PUBLIC COMMENTS:
None.
REPORTS:
No report from Chair Edgar.
No report from General Manager, Jim Herberg.
Minutes of the Legislative and Public Affairs Special Committee
May 12, 2014
Page 2 of 3
CONSENT ITEMS:
1. MOVED, SECONDED, and DULY CARRIED: Approve the minutes for the
Committee meeting held on April 16, 2014.
AYES: Beamish; Benavides; Edgar; Reese; and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: Nielsen
INFORMATIONAL ITEMS:
2. Federal Legislative Update
Mr. Sapirstein reported on his meetings at the recent ACWA Conference as
they related to the grant proposal efforts being made by OCSD. Mr.
Sapirstein also reported on the issue of the District's rip rap removal and
the meeting with the Corps of Engineers.
3. State Legislative Update
Ms. Stratman gave an update on SB 946. It will be sent to the Assembly in
June. She also reported on: drought relief issues at the state level; water
bonds; and will follow up with more information on the pharmaceutical bill.
4. OCSD Public Affairs Update
Faviola Miranda, Sr. Public Affairs Specialist, gave a report on OCSD's
PAO Strategic Outreach Plan. She distributed a copy of the plan for
July 2013 - January 2015, and a "Facts and Key Statistics' page translated
into four languages.
5. OCSD Corporate Identity
Mr. Herberg opened discussion on the issue of OCSD corporate identity, as
it may be time for the District to look at a possible name change. The
Committee discussed corporate branding, name change, etc. and will
continue to look into possibly proceeding with this in the future.
Minutes of the Legislative and Public Affairs Special Committee
May 12, 2014
Page 3 of 3
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
Chair Edgar announced that today will be the first meeting for the OCSD-SAWPA
Joint Policy Committee (JPC). An agenda has been prepared and the meeting
has been publicly noticed. The JPC will look to discuss how formal future
meetings shall be conducted. The Steering Committee had brief discussion over
what type of committee this should be considered.
ADJOURNMENT:
Chair Edgar declared the meeting adjourned at 9:21 a.m.
Submitted by:
Maria E. Ayala
Clerk of the Board
ORANGE COUNTY SANITATION DISTRICT
Agenda
Terminology Glossary
Glossary of Terms and Abbreviations
AQMD Air Quality Management District
ASCE American Society of Civil Engineers
BOD Biochemical Oxygen Demand
CARB California Air Resources Board
CASA California Association of Sanitation Agencies
CCTV Closed Circuit Television
CEQA California Environmental Quality Act
CRWQCB California Regional Water Quality Control Board
CWA Clean Water Act
CWEA California Water Environment Association
EIR Environmental Impact Report
EMT Executive Management Team
EPA U.S. Environmental Protection Agency
FOG Fats, Oils, and Grease
FSSD Facilities Support Services Department
gpd Gallons per day
GWR System Groundwater Replenishment System (also called GWRS)
ICS Incident Command System
IERP Integrated Emergency Control Plan
LOS Level of Service
MGD Million gallons per day
NACWA National Association of Clean Water Agencies
NPDES National Pollutant Discharge Elimination System
NWRI National Water Research Institute
O&M Operations and Maintenance
OCCOG Orange County Council of Governments
OCHCA Orange County Health Care Agency
OCSD Orange County Sanitation District
OCWD Orange County Water District
GOBS Ocean Outfall Booster Station
OSHA Occupational Safety and Health Administration
POTW Publicly Owned Treatment Works
ppm Parts per million
RFP Request For Proposal
RWQCB Regional Water Quality Control Board
SARFPA Santa Ana River Flood Protection Agency
Glossary of Terms and Abbreviations
SARI Santa Ana River Inceptor
SARWQCB Santa Ana Regional Water Quality Control Board
SAWPA Santa Ana Watershed Project Authority
SCADA Supervisory Control and Data Acquisition system
SCAP Southern California Alliance of Publicly Owned Treatment Works
SCAQMD South Coast Air Quality Management District
SOCWA South Orange County Wastewater Authority
SSMP Sanitary Sewer Management Plan
SSO Sanitary Sewer Overflow
SWRCB State Water Resources Control Board
TDS Total Dissolved Solids
TMDL Total Maximum Daily Load
TSS Total Suspended Solids
WDR Waste Discharge Requirements
WEF Water Environment Federation
WERF Water Environment Research Foundation
Activated-sludge process — A secondary biological wastewater treatment process where bacteria
reproduce at a high rate with the introduction of excess air or oxygen, and consume dissolved
nutrients in the wastewater.
Benthos— The community of organisms, such as sea stars, worms and shrimp, which live on, in, or
near the seabed, also know as the benthic zone.
Biochemical Oxygen Demand (BOD)—The amount of oxygen used when organic matter undergoes
decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in
water.
Biosolids — Biosolids are nutrient rich organic and highly treated solid materials produced by the
wastewater treatment process. This high-quality product can be recycled as a soil amendment on
farm land or further processed as an earth-like product for commercial and home gardens to improve
and maintain fertile soil and stimulate plant growth.
Capital Improvement Program (CIP) — Projects for repair, rehabilitation, and replacement of assets.
Also includes treatment improvements, additional capacity, and projects for the support facilities.
Coliform bacteria—A group of bacteria found in the intestines of humans and other animals, but also
occasionally found elsewhere used as indicators of sewage pollution. E. coli are the most common
bacteria in wastewater.
Collections system — In wastewater, it is the system of typically underground pipes that receive and
convey sanitary wastewater or storm water.
Certificate of Participation (COP) —A type of financing where an investor purchases a share of the
lease revenues of a program rather than the bond being secured by those revenues.
Glossary of Terms and Abbreviations
Contaminants of Potential Concern (CPC) — Pharmaceuticals, hormones, and other organic
wastewater contaminants.
Dilution to Threshold (D!f) — the dilution at which the majority of the people detect the odor
becomes the DrT for that air sample.
Greenhouse gases — In the order of relative abundance water vapor, carbon dioxide, methane,
nitrous oxide, and ozone gases that are considered the cause of global warming ("greenhouse
effect").
Groundwater Replenishment (GWR) System — A joint water reclamation project that proactively
responds to Southern California's current and future water needs. This joint project between the
Orange County Water District and the Orange County Sanitation District provides 70 million gallons a
day of drinking quality water to replenish the local groundwater supply.
Levels of Service (LOS)—Goals to support environmental and public expectations for performance.
NDMA— N-Nitrosodimethylamine is an N-nitrosoamine suspected cancer-causing agent. It has been
found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide
with extra ultra-violet treatment.
National Biosolids Partnership (NBP) — An alliance of the National Association of Clean Water
Agencies (NACWA) and Water Environment Federation (WEF), with advisory support from the U.S.
Environmental Protection Agency (EPA). NBP is committed to developing and advancing
environmentally sound and sustainable biosolids management practices that go beyond regulatory
compliance and promote public participation in order to enhance the credibility of local agency
biosolids programs and improved communications that lead to public acceptance.
Plume—A visible or measurable concentration of discharge from a stationary source or fixed facility.
Publicly-owned Treatment Works (POTW)— Municipal wastewater treatment plant.
Santa Ana River Interceptor (SARI) Line — A regional brine line designed to convey 30 million
gallons per day (MGD) of non-reclaimable wastewater from the upper Santa Ana River basin to the
ocean for disposal, after treatment.
Sanitary sewer — Separate sewer systems specifically for the carrying of domestic and industrial
wastewater. Combined sewers carry both wastewater and urban run-off.
South Coast Air Quality Management District (SCAQMD) — Regional regulatory agency that
develops plans and regulations designed to achieve public health standards by reducing emissions
from business and industry.
Secondary treatment — Biological wastewater treatment, particularly the activated-sludge process,
where bacteria and other microorganisms consume dissolved nutrients in wastewater.
Sludge—Untreated solid material created by the treatment of wastewater.
Total suspended solids (TSS)—The amount of solids floating and in suspension in wastewater.
Trickling filter — A biological secondary treatment process in which bacteria and other
microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in
wastewater as it trickles over them.
Glossary of Terms and Abbreviations
Urban runoff — Water from city streets and domestic properties that carry pollutants into the storm
drains, rivers, lakes, and oceans.
Wastewater—Any water that enters the sanitary sewer.
Watershed —A land area from which water drains to a particular water body. OCSD's service area is
in the Santa Ana River Watershed.