HomeMy WebLinkAbout08-27-2014 Board Meeting Agenda Packet Orange County Sanitation District sw°i"renorCOUNnDI�W Wednesday, August 27, 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: (Gene Hernandez, City of Yorba
Linda)
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 Orange County Business Council
o Orange County Taxpayers 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.
Ob 7/14 OCSD Board of Directors Agenda Page 1 of 5
CLAIMS:
DIRECTORS., Pursuant to Government Code Section 84308, you are required to disclose any campaign
contribution greater than $250 received in the past twelve months from any party seeking a contract with
OCSD. This requires that you identify the contributor by name. Further, you may not participate in the
decision making process to award a contract to such party. For reference, you are directed to the
Register of Warrants as to all current contractors vendors with OCSD. For the specifics of Government
Code Section 84308,please see your Director's Handbook or call the office of General Counsel.
1. Ratify payment of claims of the District, by roll call vote, as follows:
Claims Paid for the Period Ending: 07/15/14 07/31/14
Totals $ 9,181,325.97 $ 57,861,458.08
CONSENT CALENDAR: Consent Calendar Items are considered to be routine and will be enacted,
by the Board of Directors, after one motion, without discussion. Any items withdrawn from the Consent
Calendar for separate discussion will be considered in the regular order of business.
2. Approve minutes for the Regular Board Meeting held on July 23, 2014.
3. A. Receive and file bid tabulation and recommendation; and
B. Award a construction contract to Fleming Environmental, Inc. for P1
Hazardous Waste Storage Relocation, Project No. FE12-02, for a total
amount not to exceed $398,111; and
C. Approve a contingency of$39,811 (10%).
4. A. Receive and file bid tabulation and recommendation; and
B. Award a construction contract to Amtek Construction for Wi-Fi Installation
P2, Project No. FE12-03, for a total amount not to exceed $177,973; and
C. Approve a contingency of$17,797 (10%).
5. A. Receive and file bid tabulation and recommendation; and
B. Award a construction contract to O'Connell Engineering & Construction,
Inc. for Repairs to Bar Screen at D Headworks at P2, Project No. FE13-
02, for a total amount not to exceed $285,000; and
C. Approve a contingency of$28,500 (10%).
08/27/14 OCSD Board of Directors Agenda Page 2 of 5
6. Approve the revised FY 2014-15 "not-to-exceed" quote for the following
insurances:
EMT & Manager Disability- Not to Exceed $29,461
7. A. Authorize the General Manager to enter into a consulting services
agreement with Steve Filarsky, an individual and member of
Filarsky & Waft LLP, for labor relations consulting services for a tens of
twelve (12) months, at an hourly rate of $290 per hour, for a total amount
not to exceed $55,000, in a form approved by General Counsel; and,
B. Approve a contingency of $22,000 (40%).
NON-CONSENT:
8. Ratify use of General Manager's emergency purchasing authority, Ordinance
OCSD-44, Article 2, Section 2.03E (Critical Time-Sensitive Procurement) and
Article 1, Section 1.07B (Emergency Procurement), authorizing the General
Manager to issue Purchase Order No. 97782-OS to Rockwell Engineering &
Equipment Co for the emergency purchase and installation of one mixing pump
and motor at Plant No. 2 Digester P Pump Room for a total amount not to exceed
$109,016 delivered and including tax; and approve a contingency of$5,450 (5%).
9. Ratify use of General Manager's emergency purchasing authority, Ordinance
OCSD-44, Article 2, Section 2.03E (Critical Time-Sensitive Procurement) and
Article 1, Section 1.07E (Emergency Procurement), authorizing the General
Manager to issue the purchase orders below for Emergency Repair Services for
Plant No. 1 Headworks Splitter Box:
A. Purchase Order No. 105219-OB to Jamison Engineering Contractors for
providing construction services, for a total amount not to exceed $120,000
B. Purchase Order No. 105220-OB to Carollo Engineers for providing
engineering services, for a total amount not to exceed $50,000
C. Purchase Order No. 105222-OB to Performance Pipeline for providing
sewer cleaning services, for a total amount not to exceed $40,000
STEERING COMMITTEE:
10. Approve minutes for the Steering Committee Meeting held on July 23, 2014.
OW27/14 OCSD Board of Directors Agenda Page 3 of 5
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) CONFER WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Agency Designated Representatives: Steve Filarsky, James Ruth, James
Herberg, Robert Ghirelli, Jeff Reed, and Richard Spencer.
Employee Organizations: 4
• International Union of Operating Engineers, Local 501; and
• Orange County Employees Association (OCEA); and
• Supervisors and Professionals Group; and
• Unrepresented Employees
Reconvene in regular session.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
08/27/14 OCSD Board of Directors Agenda Page 4 of 5
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
ADJOURNMENT:
Adjourn the Board meeting until the Regular Board Meeting on August 27, 2014 at 6:30
p.m.
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 once 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.
Kelly A. Lore
Acting Clerk of the Board
(714)593-7433
klore(o3ocsd.com
For any questions on the agenda,Committee members may contact staff at:
General Manager Jim Herberg (714)593-7300 iherbem(rpomd.com
Assistant General Manager Bob Ghirelli (714)593-7400 rohirelli[dlocsd.cem
Director of Engineering Rob Thompson (714)593-7310 rthomoson0ocsd.cem
Director of Facility Support Services Nick Arhontes (714)593-7210 narhontesaocsd.com
Director of Finance and Lorenzo Tyner (714)593-7550 Itvner(rpocsd.com
Administrative Services
Director of Human Resources Jeff Reed (714)593-7144 ireed(o)ocsd.mm
Director of Operations&Maintenance Ed Torres 714 593-7080 etorres ocsd.com
081 OCSD Board of Directors Page 5 of 5
BOARD OF DIRECTORS Meeting Dare I TOBA.Of Dir.
— o8/n/ta
AGENDA REPORT Item Number Item Number
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 7/1/14 — 7/15/14 and 7/16/14 —7/31/14
Page 1 of 1
Claims Paid From 7/1/14 to 7115/14 Return to Agenda Rom
Vendor Warrant No. Amount Description
Accounts Payable Warrants
1000BULBS.COM U182 223.27 ElectnceVElectmnic Equipment,Pads&Repairs
3CMA M050 85.00 Professional Organizations MestingRmininglMembership
ACORN MEDIA N051 1,458.09 Minor Equipment,Perk,Accessories&Services
ADAMS POLISHES,INC. W052 484.07 Small Tools
AECOM Technical Services,Inc. N168 28,006.44 Professional Sawices/Engineering Design Services
Aerotek U053 60.00 Professional Servicesaempomry Services
Ago IndustriesDBA So-Cel Sweeping N265 880.00 Street Sweeping Services
Air Liquide America Corp. U183 460.76 Laboratory Services&Supplies
Air Liquids Industrial U.S.,LP 66054 14.300.05 Laboratory Services&Supplies
Airgas Safety,Inc. 1851 4,470.95 Safety,Security,Health Equipment,Supplies,and Services
Antes Safety,Inc. 1862 834.57 Safety,Security,Health Equipment,Supplies,and Services
Airgas USA,LLC 1852 941.54 Laboratory Services&Supplies
Airgas USA,LLC 1863 17590 Laboratory Services&Supplies
Alhambra Foundry Co.,Ltd. U055 18,256.32 Repair&Maintenance Services andlor Supplies
Alliant Insurance Services N169 1,124,010 23 Insurance
Allied Packing&Rubber,Inc. U056 170.76 Repair&Maintenance Services andlor Supplies
ALLIED RELIABILITY M057 22,835.00 Professional Services
American Integrated Services,Inc. 66043 60.816]5 Grit&Screenings Disposal
American Traince,Inc. M058 8,880.00 Training Registration
American Water Works AssoaJWater Qualk 66184 6.00 Professional Organizations MestingRmininglMembership/Meeting Registration
APEX CONTROLS M059 572.00 Repair&Maintenance Services and/or Supplies
AppleOne Employment Service 1853 919.60 Professional ServicesRempomry Services
Applied Industrial Technology M060 26.83 Repair&Maintenance Services and/or Supplies
Arizona Instruments,L.L.C. M062 8,888.24 ElectiicaVElectronic Equipment,Parts&Repairs
AT&T Mobility II,L.L.C. Rom 614.01 Telecommunications
AT&T Mobility ll,L.L.C. M065 7.337.48 Telecommunications
AT&T Universal Biller M187 2,569.01 Telecommunications
Atkinson,Andelson,Lop,Rudd&Ruud M066 2.622.00 Professional Services-Legal
Auto Shop Equipment Co.,Inc. M188 237.50 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
AW Associates Inc. M189 150.00 Repair&Maintenance Services and/or Supplies
AWSI M067 W5.50 Professional Services-DOT Program Administration
BARBOZA&ASSOCIATES,A LAW CORP. M190 12,564]5 Professional Services-Legal
BEC-Building Electronic Controls,Inc M191 4,249.10 Electrical/Electronic Equipment Pads&Repairs
BioMerieux Vick,Inc. M068 4,341.00 Labomtory Services&Supplies
Black&Veatch Corporation M170 25,172.52 Professional Services/Engineering Design Services
Going-Anaheim M069 13,T73.74 Reconciliation User Fee Refund Program
C.A.Shod Company M192 27.00 Safety,Security,Health Equipment,Supplies,and Services
CALIFORNIA DEPARTMENT OF M289 3.029.76 Environmental Document Filing Fee
California Dept.of Child Support M193 2,498.05 Judgments Payable
Callan Associates,Inc. 66194 4,358.50 Investment Advisory Services
Carl Environmental,Inc. M195 4,291.67 CEMS Maintenance Agreement
City of Huntington Beach M096 13.765.69 Water Use
City of Newport Beach M115 1,207.79 Water Use
City of Tustin M070 205.72 Water Use
Compline,LLC M196 600.00 Professional Organizations MeetingffouninglMembership
Consolidated Electoral Distributors M071 346.62 ElectdcallElectronic Equipment,Parts&Repalrs
Constellation Newenergy Gas Division LLC M197 17,498.70 Natural Gas
Cooperative Personnel Services M077 184.00 Human Resources Services
County of Orange M167 3,029.75 Governmental Agency Fees&Charges
County of Orange Auditor Controller M073 810.00 Governmental Agency Fees&Charges
County of Orange Auditor Controller M074 405.00 Governmental Agency Fees&Charges
EXHIBITA
nmzlair Page 1 of 6 ewnpu
Claims Paid From 7/1/14 to 7115/14 Return to Aaenda Rom
Vendor Warrant No. Amount Description
County of Orange Auditor Controller M075 435.00 Govemmental Agency Fees&Charges
County of Orange Auditor Controller U076 1,500.00 Governmental Agency Fees&Charges
County of Orange Auditor Controller M198 795.00 Governmental Agency Fees&Charges
County of Orange Auditor Controller N199 480.00 Governmental Agency Fees&Charges
County of Orange Auditor Controller W200 720.00 Governmental Agency Fees&Charges
County of Orange Auditor Controller N201 600.00 Governmental Agency Fees&Charges
County of Orange Auditor Controller U202 1,275.00 Governmental Agency Fees&Charges
Court Order N227 2,179.38 Judgments Payable
Court Order U257 108.00 Judgments Payable
Court Order N283 912.50 Judgments Payable
Crane Veyor Corp. U203 4,760.00 Repair&Maintenance Services and/or Supplies
CSAC Excess Insurance Authority N171 222,527.00 Insurance
CWEA Membership U078 444.00 Professional Organizations MeetingRraininglMembership
Dale O.Herdsman N285 354.60 MeetinglTreining Expanse Reimbursement
David Wheeler Pest Control,Inc. 66204 1,260.00 Pest Control Services
Detection Instruments Corporation N205 1,613.37 Electrical/Electronic Equipment,Pads&Repairs
Dunn-Edwards Corporation U207 21.52 Facilities,Maintenance,Services&Supplies
Dyntek Services,Inc. M208 1,828.13 Computer Applications&Services
Econolite Combat Products Inc. M079 544.76 Final Reconciliation Industrial Discharge Program
Eddi Consulting,LLC 66080 2,748.08 Professional ServlcesBCADA Software Maintenance Support
Employee Benefits Specialists,Inc. M081 797.50 Reimbursed Prepaid Employee Medical&Dependent Care
Employee Bananas Specialists,Inc. M172 864,007.03 Reimbursed Prepaid Employee Medical&Dependent Cara
Employee Benefits Specialists,Inc. M209 11.830.46 Reimbursed Prepaid Employee Medical&Dependent Care
Environmental Engineering&Contracting M210 2,000.00 Professional Services/Specialty Course Audits
ENVIRONMENTAL RESOURCE ASSOCIATES M082 987.46 Laboratory Services&Supplies
Envimsupply&Service,Inc M083 499.93 Laboratory Services&Supplies
Eros Yong M166 142.60 MeetingRraining Expense Reimbursement
E%ng Initiation 66084 2,669.30 Irrigation Repair&Maintenance Services and/or Supplies
Excel Door&Gate Co.,Inc. H085 1,565.79 Repair&Maintenance Services and/or Supplies
Excel Door&Gate Co.,Inc. M211 1,217.27 Reiter&Maintenance Services and/or Supplies
Exchanger Works&Fab.Co. H212 13.760.50 Repair&Maintenance Services and/or Supplies
Faviola Miranda M286 421.84 Meetingrtreining Expense Reimbursement
First American Corelogic H072 66.90 Software Maintenance Agreement
Fisher Scientific M086 1,335.05 Laboratory Services&Supplies
Fisher Scientific H213 7,546.65 Laboratory Services&Supplies
Flo Systems,Inc. M214 13,473.00 Repair&Maintenance Services and/or Supplies
FLW,Inc. H215 1.756.00 ElediicalfElectronic Equipment,Pans&Repairs
Fountain Valley Body Works 2 M206 727.19 Autos,Trucks&Marine Equipment,Pads,Accessories&Services
Ganahl Lumber Company H087 73.85 Facilities,Maintenance,Services&Supplies
Garrett Callahan Company 66088 145.76 Chemicals,WatedWastewater Treatment
George Rivera 66164 1,049.67 MeetingRraining Expense Reimbursement
Golden State Ovamight Delivery Service M216 259.78 Courier Services
Golden State Water Company M089 134.05 Water Use
Grainger,Inc. 66090 17.07 Repair&Maintenance Services and/or Supplies
Graybar Electric Company M091 1p40.92 ElecticaVElectronlc Equipment,Pads&Repairs
Graybar Electric Company M217 2,477.65 Elecincal/Electronic Equipment,Pads&Repairs
Hach Company M092 5,844.56 Laboratory Services&Supplies
Hach Company M218 60.36 Laboratory Services&Supplies
Hardy Diagnostics M093 153.84 Laboratory Services&Supplies
Harrington Industrial Plastics,Inc. "1 1,036.67 Repair&Maintenance Services and/or Supplies
Hewlett Packard Company M095 22.186.73 Computers,SoftwarelHardware
Hill Brothers 1849 206,481.61 Chemicals,WatedWastewater Treatment
EXHIBITA
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Claims Paid From 7/1/14 to 7115/14 Return to Agenda Rom
Vendor Warrant No. Amount Description
Hill Brothers 1861 204,648.87 Chemicals,Water/Wastewater Treatment
Huntington Beach,City of-Permit fees U291 31533.00 Permit Fee
I.A.M.Environmental M219 4,301.52 Repair&Maintenance Services and/or Supplies
Industrial Hearing&Pulmonary Mgmt. R097 4,800.00 Employee Medical Surveillance Services
Industrial Metal Supply W098 761.66 Repair&Maintenance Services and/or Supplies
Infrastructure Engineering Corp. N220 15,306.00 Professional Services
Inorganic Ventures,Inc. U221 1,088.02 Laboratory Services&Supplies
INTERLOC SOLUTIONS,INC. N173 43,082.67 Software License Fees
Interstate Batteries of Cal Coast U222 1,841.65 Repair&Maintenance Services and/or Supplies
Intl.Union of Open Eng.AFL CIO Local N223 4,636.42 Dues Deductions
Intratek Computer,Inc. U224 1,745.10 NetworldServer/Printer Maintenance Services
Invensys Systems,Inc. 1854 325.97 ElectricallElectmnic Equipment,Pads&Repairs
Invensys Systems,Inc. U225 3,114.21 EleciriceVElecironic Equipment,Pans&Repairs
J R Filanc Construction 66049 382.709.11 Construction
James D.Ruth U290 1,100.00 Professional SeedoesaZonsultant
Jamison Engineering Contractors,Inc. N099 4.991 Professional Services/Consimchon Support Services
Jamison Engineering Contractors,Inc. U174 121,767.53 Professional ServiceluConsimction Support Services
Jays Catering M226 835.49 Catering Services
Johnstone Supply 66100 523.26 Repair&Maintenance Services and/or Supplies
Kemira Water Solutions 18M 4Q134.52 Chemicals,Water/Wasteaater Treatment
Ken A.Sakamoto M287 1.854.66 Meeting/Training Expense Reimbursement
KIMCO STAFFING SERVICES 66101 1,494.00 Professional SewicesRemporary Services
Koury Engineering and Testing,Inc. M228 5.490.00 Professional ServioadEngineering Design Services
Larry S.Andresen M185 300.00 MeetingfTreining Expense Reimbursement
Lee&par,Inc. M229 1,844.73 Professional ServicadEngineering Design Services
Lewis Brisbois Bisgaard&Smith M230 469.20 Professional Services-Legal
Lieber Cassidy M102 86.00 Professional ServicadEmployee Relations
Lilleshand and Associates M103 2,653.06 Professional Services
Lisa A.Rothbar M165 795.00 MeetingRreining Expense Reimbursement
Mail Dispatch,LLC M231 330.12 Mail Delivery Service
Malcolm Firma Inc. 66044 33,995.60 Construction
MARKLAND SPECIALTY ENGINEERING LIMITED M232 1,053.21 Small Tools
May T.Kyi M163 1,634.89 MeetingRreining Expense Reimbursement
MCGladrey&Pulled LLP 66104 3,000.0o Professional Services-Financial Auditing
McMaster-Can Supply Co. M105 384.64 Repair&Maintenance Services and/or Supplies
McMaster-Carr Supply Co. M233 333.05 Repair&Maintenance Services and/or Supplies
Megger 66234 10,998.48 Computer Applications&Services
Mesa International Technologies,Inc. M106 2,056.08 Repair&Maintenance Services and/or Supplies
Midway Mfg.&Machining Co. M107 18,889.20 Regain&Maintenance Services and/or Supplies
Miele,Inc. 66108 126.96 Laboratory Services&Supplies
Mike Salado Construction Co.,Inc. M179 632.404.95 Construction
MISCO M235 1,853.93 Repair&Maintenance Services and/or Supplies
Mobile Hose&Hydraulic Supply M109 317.12 Repair&Maintenance Services anchor Supplies
Moore Medical Inc. 1855 102.21 Medical Supplies
Morrow Meadows Corp. M180 43,113.60 Construction
Motion Industries,Inc. 66110 5,000.37 ElectricallElectronic Equipment,Pans&Repairs
MTM Recognition Corporation 68111 763.43 Service Awards
Multi W Systems,Inc.-Remit M236 2,893.56 Pump Supplies
Municipal Equipment Maintenance Assuming M237 275.00 Professional Organizations MeetingRreininglMembership
MWH Americas,Inc. M175 29,467.82 Professional Services/Engineering Design Services
Myers&Sons Hi-Way Safety,Inc. M238 36.68 Repair&Maintenance Services and/or Supplies
National Technology Transfer,Inc. M239 899.00 Professional Organizations MeetinglTrsininglMembership
nmzralr EXH
Page 3 of 6 wfi2014
Claims Paid From 7/1114 to 7115/14 Return to Aconite Rom
Vendor Warrant No. Amount Description
Neal Supply Co. W112 1,506.58 Repair&Maintenance Services anchor Supplies
New Pig N113 225.51 Repair&Maintenance Services and/or Supplies
Newark Electronics W114 42.10 ElectiicallElectronic Equipment,Pans&Repairs
Nexus Is,Inc. N176 29,394.40 Electim el/Electmnic Equipment&Parts-IT
Noical Controls Incorporated W240 839.46 Repair&Maintenance Services anchor Supplies
NORLAB N116 143.70 Laboratory Services&Supplies
North Central Labs U241 111.17 Laboratory Services&Supplies
OCB Reprogrephics N061 1,973.52 Prinfing/Reprographics Services
OCB Reprographics U186 669.20 Printing/Reprographics Services
OCEA N242 65325 Dues Deductible
Office Depot U117 532.36 Office Supplies
Once Depot N243 232.11 Office Supplies
Office Team 66118 815.86 Professional Services/Temporary Services
Office Team 66244 3,917.00 Professional Services/Temponry Services
Oi Corporation U119 2,677.73 Laboratory Services&Supplies
Olin Corporation N120 9,021.37 Chemicals,WaterrWastewater Treatment
ONE WAY SOLUTIONS,LLC U121 469.70 Miscellaneous Maintenance Supplies
OneSource Distributors,Inc. M122 19,218.43 Eledncal/Electmnic Equipment,Pans&Repairs
OneSource Distributors,Inc. M245 2.113.31 ElectiirallElectronic Equipment,Pans&Repairs
Orange County Auto Pads M123 195.91 Truck Supplies
Orange County Auto Pans M246 6.746.26 Truck Supplies
Orange County Hose Company M124 712.80 Miscellaneous Parts and Supplies
Orange County Hose Company M247 142.83 Miscellaneous Parts and Supplies
Orange County Shedd M249 640.83 Judgments,Payable
Orange County United Way M250 40.00 Employee Contributions
OSTS Inc. M251 2,250.00 Professional Organizations Meeting/Treining/Membership
PBS&J 66045 156,474.91 Professional ServiceslEngineering Design Services
Peace Officers Council of CA M252 11.50 Dues Deductions,Supervisors&Professionals
Pence,Inc. M126 21.574.52 Chemicals
Panto,Inc. M253 16,370.00 Chemicals
Performance Pipeline Technologies M127 11.144.20 Professional Services,CCTV Inspection/Same ine Cleaning
Performance Pipeline Technologies 66254 1,300.00 Professional Services/CCTV Inspection/Sewedine Cleaning
Praxair Distribution,Inc. M128 36.66 Laboratory Services&Supplies
Prosir Distribution,Inc. M255 69.97 Laboratory Services&Supplies
Primary Source Office Fumishings,Inc. M129 4,995.00 Minor EquipmenVFumiture&Fixtures
Primrose Ice Co.,Inc. M130 122.90 Water&Ice Services
Prudential Cleanroom Services M131 182.74 Uniforms
Prudential Insurance Company of America 66046 47,624.32 Benefits
Prudential Overall Supply 18H 1.464.91 Uniforms
Psi M256 1,532.97 Professional Services-Geographic Information System
Red Wing Shoes M268 812.40 Safety,Security,Health Equipment,Supplies,and Services
Restek Corp. 1857 226.57 Laboratory Services&Supplies
Rightstar Systems,Inc. M177 26.114.55 Computer Applications&Services
RMS Engineering&Design,Inc. M132 13,860.00 Engineering Services
Robert Hall International,Inc. H133 1,040.00 Computer Applications&Services
Rockwell Engineering&Equipment Co. 66047 32,446.81 Repair&Maintenance Services and/or Supplies
Ruben I.Stewart 66288 300.00 MeetingRrelning Expense Reimbursement
Rutan&Tucker,L.L.P. 66259 15,500.30 Legal Services
San DINWO range Fluid System Technologi Ulu 354.90 Repair&Maintenance Services anchor Supplies
SC Fuels M135 1,05.88 Fuel and Lubricants
Schenck Trebel M137 1.710.90 Repair&Maintenance Services anchor Supplies
Schwfng Bioset 18M 8,419.74 Repair&Maintenance Services and/or Supplies
EXHIBITA
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Claims Paid From 7/1/14 to 7115/14 Return to Aconite Rom
Vendor Warrant No. Amount Description
Schwing Bioset 1864 16,867.67 Repair&Maintenance Services anchor Supplies
Sequoia Consultants,Inc. U138 20,392.00 Professional Serving/Engineering Design Services
SGS Testcom,Inc. M139 7.23 Computer Hardware and Services
Shamrock Supply Co.,Inc. R140 3.111.17 Repair&Maintenance Services and/or Supplies
Shamrock Supply Co.,Inc. W260 2,523.96 Repair&Maintenance Services anchor Supplies
Sharesquared,Inc. N261 7,187.49 Computer Applications&Services
Shimmick Construction Co.,Inc. U181 651,712.50 Consu lion
Shureluck Sales&Engineering N141 629A5 Repair&Maintenance Services antllor Supplies
Shureluck Sales&Engineering U262 235.66 Repair&Maintenance Services and/or Supplies
Siemens Technology N263 fri Air Conditioner Automation System
SIERRA TRANSPORT INC. 66264 13,006.33 Professional Service-Biosolids Management
Sigma-Aldrich.Inc. N142 358.66 Laboratory Services&Supplies
Smith Pipe&Supply,Inc. U143 166.21 Facilities,Maintenance,Services&Supplies
South Coast Environmental Co. N136 10,790.00 Professional Services-Air Quality Monitoring
Southern California Edison U178 122.523.70 Utilities
Southwest Scientific,Inc. N266 1,088.64 Laboratory Services&Supplies
Sparkle0-Dallas 66144 1,579.20 Miscellaneous Services
SPEX Camara,Inc. M145 329.09 Laboratory Services&Supplies
SPITaIFT M146 1.029.86 Small Tools
SPX Flow Tech Lighntnin M267 3,435.49 Repair&Maintenance Services and/or Supplies
Standee Consulting Services,Inc. M268 5.416.00 Professional ServiceshSurveying
Staples M147 751.18 Office Supplies
Summit Steel 1865 3,865.98 Repair&Maintenance Services anchor Supplies
Sunset Industrial Paris M269 270.88 Repair&Maintenance Services and/or Supplies
Test i merica Ontano 18H 70.00 Laboratory Services&Supplies
Thatcher Company Of California M270 5,758.46 Chemicals,Water(Wastewater Treatment
The Cal Group,Inc. M148 8,565.57 Repair&Maintenance Services anchor Supplies
The Orange County Register M248 3,477.00 Notices&Ads
The Standard Insurance Company M149 3.274.37 Disability Insurance
Thomas Cain Inc. M150 100.00 Laboratory Services&Supplies-Automated Digestion System
Thompson Industrial Supply,Inc. 1859 1.197.84 Repair&Maintenance Services anchor Supplies
Thompson Industrial Supply,Inc. 1867 3,662.20 Repair&Maintenance Services antllor Supplies
Time Warner Communications M161 64.74 Telecommunications
Toshiba Business Solutions USA Inc. M271 2,193.78 Computers.SonsareMaNveme&Managed Services
Total Resource Management,Inc. M272 300.00 Professional Serviceshlmplementadion of IBM Maxim
Trans U.S.Inc M273 tS7.11 Repair&Maintenance Services and/or Supplies
Tropical Plan Nursery,Inc. M274 12.877.50 Landscape Maintenance Services
Tula Ranch/Magan Farms 66046 266,084.26 Biosolids Management
Underground Service Alert of So.Calf M275 1.594.50 Professional Services-Dig Alert Notification Service
Union Bank of California M152 914.94 Banking Services
United Parcel Service M163 10.30 Freight Services
Universal Flooring Systems,Inc. 66154 2,859.00 Facilities,Maintenance,Services&Supplies
US Peroxide,L.L.C. M276 22.824.95 Chemicals,WaterWastewater Treatment
Utility Systems,Science&Softeners Inc. M277 6,090.00 Professional Services/Pharm.Pilot Project Flow Monitoring
Vag Fresh Farms,L.L.C. M155 122.90 Reconciliation User Fee Refund Program
Verbal Ink M156 112.00 Human Resources Services
Vednn California M157 645.05 Telecommunications
Vermin Wireless M158 47.11 Telecommunications
Vednn Wireless M278 2.132.09 Telecommunications
Veme's Plumbing M279 370.11 Plumbing Services&Supplies
Venech Industrial Systems,Lle M280 11.953.16 Professional ServlceshConsdmchon Consulting Services
Village Nurseries M159 84.83 Repair&Maintenance Services and/or Supplies
EXHIBITA
nrvzlalr Page 5 of 6 Mi
Claims Paid From 7/1/14 to 7115/14 Return to Austria Rom
Vendor Warrant No. Amount Description
Voyager Fleet Systems,Inc. M281 20,937.58 Autos,Trucks&Marine Equipment,Pans,Accessories&Services
Water Environment Federation U160 808.00 Professional @ganiz dons MeetingRraining/Memberehip
WESTCOAST PLATING M161 132.90 Final Reconciliation Industrial Discharge Program
White Star Pools N282 310.00 Repair&Maintenance Services and/or Supplies
Xerox Corporation 18N 129.43 Computers,SoflwareMardware&Managed Services
Xylem Water Solutions N162 1,240.86 Repair&Maintenance Services and/or Supplies
yorba Linda Water District Hi 54.24 Utilities
Total Accounts Payable-Warrants $ 6.OB8.068.22
Payroll Disbursements
Employee Paychecks 56388 - 56409 $ 3,526.75 Interim Payroll-AREA(7/1/14)
Employee Paychecks W411 210.00 Interim Payroll-DID Re-Issue(7/1114)
Employee Paychecks 56412 - 56452 78,576.24 Biweekly Payroll(719114)
Employee Paychecks W453 1,811.69 Interim Payroll-Reissue(7/3/14)
Employee Paychecks 56454 1,251.97 Interim Payroll-Term-Accrued He(7/3114)
Employee Paychecks W455 - 56456 3,119.48 Interim Payroll-2 Terms-Reg Hours(7/10/14)
Employee Paychecks 56457 - 56459 1,976.80 Interim Payroll-2 Terms-Accmed He(7H0H4)
Direct Deposit Statements 356841-357039 35,064]5 Interim Payroll-ARBA(711114)
Direct Deposit Statements 357040-357628 1,410,245.52 Biweekly Payroll(7/9114)
Total Payroll Disbursements $ 1,535,783.20 —Check number 56410 used in a prior period.
Wire Transfer Payments
OCSD Payroll Taxes&Contributions $ 1,401,022.88 Biweekly Payroll(7/9/14)
Union Bank of California 75.651.67 Workers'Cormansation Services(717114)
Total Wire Transfer Payments $ 1.557.474.55
Total Claims Paid 711/14-7115114 $ 9,181,325.97
EXHIBITA
nOui Page 6 of 6 ee/2014
Claims Paid From 7116114 to 7131/14
Return to Agenda Rom
Vendor Warrant No. Amount Description
Accounts Payable Warrants
24 Hour Fire Protection,Inc. 66311 5,489.60 Repair&Maintenance Services and/or Supplies
Abel Scale,Inc. 66312 2,062.01 Repair&Maintenance Services and/or Supplies
Absolute Standards,Inc. 66313 2,450.00 Laboratory Services&Supplies
A-Check America,Inc. 1871 111.75 Human Resources Services
AECOM Technical Services,Inc. 66292 99,431.86 Professional Services/Engineering Design Services
AECOM Technical Services,Inc. 66490 7,830.96 Professional Services/Engineering Design Services
Aeri 66491 113.25 Professional Services(Temporary$ervices
Agilent Technologies,Inc. 66314 4,871.13 Laboratory Services&Supplies
Air Liquitle America Specially Gasee LLC 66492 223.30 Laboratory Services&Supplies
Air Liquids Industrial U.S.,LP 66315 19,092.24 Laboratory Services&Supplies
Air Liquids industrial U.S.,LP 66493 22,086.02 Laboratory Services&Supplies
Air Liquids Industrial U.S.,LP 661 25,091.06 Laboratory Services&Supplies
All Safety,Inc. 1872 3,933.29 Safety,Security,Health Equipment,Supplies,and Services
All Safety,Inc. 1894 10,490.43 Safety,Security,Health Equipment,Supplies,and Services
All Safely,Inc. 1904 4,841.68 Safety,Security,Health Equipment,Supplies,and Services
All USA,LLC 1873 283.39 Laboretory Services&Supplies
All USA,LLC 1895 958.30 Laboratory Services&Supplies
All USA,LLC 1905 1,545.56 Laboratory Services&Supplies
Alhambra Equal Co.,Ltd. 66316 5,754.24 Repair&Maintenance Services and/or Supplies
Alhambra Foundry Co.,Ltd. 66494 5,754.24 Repair&Maintenance Services and/or Supplies
Allied Packing&Rubber,Inc. 66317 1,401 Repair&Maintenance Services and/or Supplies
Allied Packing&Rubber,Inc. 66495 2,442.15 Repair&Maintenance Services and/or Supplies
Alta-Robbins,Inc. 66318 688.43 Electrical/Electronic Equipment,Parts&Repairs
American Academy of Environmental Engine 66643 105.00 Books and Publications
American Express TVL Related Svcs Co.,1 66319 4,288.89 Purchasing Card Program for Miscellaneous Travel Expanses
American Integrated Services,Inc. 66474 50,812.90 Grit&Screenings Disposal
AMERICAN PUBLIC WORKS ASSOCIATION 66320 395.50 Professional Organizations Meeting(Training/MembemhipPmfessional Services-Lega1B
American Solutions for Business 66496 972.00 Office Supplies
Amtach Elevator Services 66497 500.00 Miscellaneous Services
ApPleOne Employment Service 1896 2,75B.80 Professional Services(Temporery Services
Applied Industrial Technology 66321 7P.65 Repair&Maintenance Services and/or Supplies
Applied Industrial Technology 66498 220.41 Repair&Maintenance Services and/or Supplies
ARS Enterprises,Inc. 66323 420.00 Laboratory Services&Supplies
AT&T Mobility 11,L.L.C. 66326 214.99 Telecommunications
AT&T Mobility 11,L.L.C. 66500 104.99 Telecommunications
AT&T Mobility 11,L.L.C. 66646 7,691.00 Telecommunications
AT&T 66324 265.20 Telecommunications
AT&T 66645 15.03 Telecommunications
AT&T Teleconference Services 66501 77.31 Telecommunications
Atkins North America 66293 67,621.38 Professional Services/Engine ing Design Services
Atkinson,Antlelson,Lays,Rutltl&Ruud 66647 5,956.50 Professional Services-Legal
Awards&Trophies Company 66326 108.00 Awards and Framing Services
AWSI 66648 NDN Professional Services-DOT Program Administration
Ayala Engineering 66629 63,104.50 Repair&Maintenance Services and/or Supplies
B&K Electric Wholesale 66327 701.46 Electrical/Electronic Equipment,Parts&Repairs
B&K Elecidc Wholesale 66649 723.06 EIecrical/Electmnic Equipment,Parts&Repairs
B&B Technology Dina Air Fitters,Inc. 66502 110.00 Repair&Maintenance Services and/or Supplies
Bank of New York Mellon Twat 66650 1,701 Professional Services-Financial
Bares Products Company 66328 1,721.15 Safety,Security,Health Equipment,Supplies,and Services
Barragan Corp.International 66329 1,445.00 Professional Organizations Meeting(Trelning/Membership
Battery Specialties 66330 747.66 Batteries,Various
Battery Specialties 66651 770.04 Batteries,Various
Battery Systems,Inc. 66503 1,370.05 Repair&Maintenance Services and/or Supplies
Bev. 66331 369.96 Repair&Maintenance Services and/or Supplies
EXHIBIT B
1m11011, Page 1 of 10 Vil
Claims Paid From 7116114 to 7131/14
Return to Agenda Report
Vendor Warrant No. Amount Description
BC Wide Rope&Rigging 66652 5,792.04 Tools&Supplies
Beach Wire and Cable 66332 1,206.37 Telscommunications
BEC-Building Electronic Controls,Inc 66333 375.00 Electrical/Electronic Equipment,Parts&Repairs
Be.Man Past Corirol,Inc. 66504 300.00 Pest Control Services
BioMedeux Vitek,Inc. 66334 2,288.71 Laboratory Services&Supplies
Black&Veatch Corporetion 66294 55,719.88 Professional Services/Engineering Design Services
Black&Veatch Corporation 66476 158,449.94 Professional Services/Engineering Design Services
Black Box Corporation 66653 2,807.14 Computers,Software/Hardware
Brand Scaffold Rental&Erection Inc 66335 91.78 Miscellaneous Services
Brand Scaffold Rental&Erection Inc 66654 5,030.96 Miscellaneous Services
Brea 9 Owner LLC 66336 2,500.00 Miscellaneous Services
Saud ag Pack,Inc. 66337 9,986.24 Chemicals,Water/Wastewater Treatment
Brennlag Pacific,Inc. 66655 6,912.05 Chemicals,WalerlWastevrater Treatment
Brian J.Tafolla Sal 1,226.36 Meefing/Training Expanse Reimbursement
Brian J.Tafolla 66750 200.00 Meefing/rraining Expense Reimbursement
Brian K.Read Sal 112.00 Meeting/Training Expense Reimbursement
Brown&Caldwell 66295 73,354.94 Professional Services/Engineering Design Services
Buchi Corporation 66505 601.98 Repair&Maintenance Services and/or Supplies
Burlington Safety Laboretory of CA,Inc. 66338 1,023.76 Safety,Security,Health Equipment,Supplies,and Services
C.S.M.F.O 66521 60.00 Professional Organizations MeetingRraining/Membership
Calif Centrifugal Pump 66506 11,911.60 Pump Supplies
California Dept.of Child Support 66507 2,46459 Judgments Payable
California Hazardous Services,Inc. 66W8 276.80 Repair&Maintenance Services and/or Supplies
California Recreation Company 66339 3,805.52 Boat Slip Rental-Nerissa Ocean Monitoring Vessel
California Recreation Company 66656 3,778.67 Boat Slip Rental-Nerissa Ocean Monitoring Vessel
California Relocation Services,Inc. 66509 90.00 Miscellaneous Services-Moving/Relocation
California Water Technologies 66296 39,138.35 Chemicals
California Water Technologies 66630 34,130.01 Chemicals
Caltrol,Inc. 66510 136.08 ElectricaliElectronic Equipment,Parts&Repairs
Caddell Corp. 66341 9,253.66 Repair&Maintenance Services and/or Supplies
Cambridge Isotope Labs 66342 770.56 Laboratory Services&Supplies
Camillo Engineers 66511 4,212.0 Professional Services/Engineering Design Services
Cavanaugh Machine Works 66343 1,605.40 Repair&Maintenance Services and/or Supplies
Cavanaugh Machine Works 66512 2,736.04 Repair&Maintenance Services and/or Supplies
Cemtek Environmental,Inc. 66344 4,291.67 CEMS Maintenance Agreement
CEPA Operations,Inc. 66345 2,493.12 Repair&Maintenance Services and/or Supplies
Chatles P.Crowley Co. 66346 1,439.03 Repair&Maintenance Services and/or Supplies
Chatles P.Chori Co. 66657 4,704.01 Repair&Maintenance Services and/or Supplies
Cincinnati Incorporated 66347 2,147.96 Mechanical Parts&Supplies
City of Fountain Valley 66631 62,717.26 Water Use
City of Fullerton 66531 177.76 Water Use
City of Huntington Beach 66396 10.71 Water Use
City of Newport Beach 66477 45,679.60 Water Use
City of Newport Beach 66565 178.89 Water Use
Clean Energy 66348 30.22 CNG Fueling Station Services/Supplles
Clean Energy 66513 1,875.15 CNG Fueling Station Services/Supplies
Clean Harbors Environmental Services 66349 7,619.23 Grit&Screenings,Hazard Waste Disposal
Clean Harbors Environmental Services 66658 14,18544 Grit&Screenings',Hazard Waste Disposal
Cole-Paoner Instrument Co. 66350 1,742.85 Laboratory Services&Supplies
CONNECTION TECHNOLOGY CENTER INC 66659 1,043.89 Repair&Maintenance Services and/or Supplies
Connell ChevroledGEO 66351 16.97 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
Connell ChevmletlGEO 66514 901.11 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
Consolidated Electrical Distributors 66352 3,327.72 Electrical/Electronic Equipment,Parts&Repairs
Consolidated Electrical Distributors 66660 455.30 Electrical/Electronic Equipment,Parts&Repairs
Constructive Community Relations 66353 19,427.38 Construction Outreach
EXHIBIT B
f rolair Page 2 of 10 Si
Claims Paid From 7116114 to 7131/14
Return to Amends Report
Vendor Warrant No. Amount Deseripdon
Constructive Community Relations 66478 25,005.36 Construction Outreach
Consumers Pipe&Supply Or 1874 6,965.17 Repair&Maintenance Services supper Supplies
Consumers Pipe&Supply Do. 1897 1,213.23 Repair&Maintenance Services and/or Supplies
Consumers Pipe&Supply Or 1906 179.06 Repair&Maintenance Services and/or Supplies
Controlled Motion Solutions 66354 1,635.08 Repair&Maintenance Services and/or Supplies
Controlled Motion Solutions 66661 198.05 Repair&Maintenance Services and/or Supplies
Coop Native Personnel Services 66363 403.70 Human Resources Services
Cooperative Personnel Services 66665 1,162.15 Human Resources Services
Corporate Image Maintenance,Inc. 66297 37,420.00 Janitor&Household Service&Supplies
Corporate Image Maintenance,Inc. 66662 615.00 Janitor&Household Serum&Supplies
CORRPRO Companies,Inc. 66298 48,678.00 Professional Services/remporery Services
Coll Engineering 66663 9,357.94 Repair&Maintenance Services and/or Supplies
Cotton Point Design,Inc.dba Power Desi 66516 7,371.83 Electrical/Electronic Equipment,Parts&Repairs
Counterpart Enterprises,Inc, 66517 197.85 Repair&Maintenance Services and/or Supplies
County of Orange 66627 3,029.75 Governmental Agency Fees&Charges
COUNTY OF ORANGE-AUDITOR-CONTROLLER 66299 86,922.19 Foresai0nal Service-Bima ids Management
County of Orange Auditor Controller 66355 1,170.00 Governmental Agency Fees&Charges
County of Orange Auditor Controller 66356 510.00 Governmental Agency Fees&Charges
County of Orange Auditor Controller 66357 3W.W Governmental Agency Fees&Charges
County of Orange Auditor Controller 66358 630.00 Governmental Agency Fees&Charges
County of Orange Auditor Controller 66359 105.00 Governmental Agency Fees&Charges
County of Orange Auditor Controller 66360 70.00 Governmental Agency Fees&Charges
County of Orange Auditor Controller 66361 140.00 Governmental Agency Fees&Charges
County of Orange Auditor Controller 66518 8,521.00 Governmental Agency Fees&Charges
County of Orange Auditor Controller 66664 297.W Governmental Agency Fees&Charges
County Wholesale Electric Co. 66362 430.96 ElectricalElectronic Equipment,Parts&Repairs
Court Order 66548 2,179.38 Judgments Payable
Court Omer 66563 108.00 Judgments Payable
Court Order 66618 912.W Judgments Payable
CR&R,Inc. 66364 1,376.36 Waste Disposal
CR&R,Inc. 66519 1,720.45 Waste Disposal
CRITTER BUSTERS,INC. 66520 448.00 Service Agreement
CS-AMSCO 66366 3,439.45 Repair&Maintenance Services and/or Supplies
CS-AMSCO 66666 2,653.06 Repair&Maintenance Services and/or Supplies
Culligan of Orange County 66522 59.55 Repair&Maintenance Services and/or Supplies
Curley Wholesale Electric 66366 399.56 ElectricalElectronic Equipment,Parts&Repairs
Curley Wholesale Electric 66523 487.26 Electrical/Electronic Equipment,Parts&Repairs
CWEA Membership 66367 296.00 Professional Organizations Meefing/Training/Membership
CWEA Membership 66524 156.00 Professional Organizations MeetingRreining/Membership
DAC(Digital Assurance Certification) 66368 4,000.00 Professional Services/Financial Document Repository
Dan's Machine Tool,Inc. 66369 15,045.00 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
David Rodriguez 66749 190.00 Meeting/Iraining Expanse Reimbursement
DD SYSTEMS INC.DBA ACE CD INC. 66307 85,956.00 Construction
DDB Engineering,Inc. 66370 3,449.60 Professional Services-Advocacy
Desert Pumps&Pan,Inc. 66371 4,7%.78 Repair&Maintenance Services and/or Supplies
Desert Pumps&Parts,Inc. 66667 2,594.50 Repair&Maintenance Services and/or Supplies
DTSC(Dept.of Toxic Substances Control) 66372 822.50 Governmental Agency Fees&Charges
Dudek&Associates,Inc. 66373 1,710.00 Professional Services/Engineering Design Services
Dunn-Edwards Corporation 66668 241.39 Facilities,Maintenance,Services&Supplies
Edge Tech 66374 1,300.12 Laboratory Services&Supplies
Elecrabond 66375 2,970.00 Repair&Maintenance Services and/or Supplies
Employee Benefits Specialists,Inc. 66376 1,454.60 Reimbursed Prepaid Employee Medical&Dependent Care
Employee Benefits Specialists,Inc. 66526 13,945.00 Reimbursed Prepaid Employee Medical&Dependent Care
ENFOTECH&CONSULTING,INC. 66377 10,713.25 Software
ENS Resources,Inc. 66378 5,588.00 Professional Services-Federal Advocacy
EXHIBIT B
n,vzlsnr Page 3 of 10 ewae14
Claims Paid From 7116114 to 7131/14
Return W Agenda Rom
Vendor Warrant No. Amount Description
Environ Strategy Consultants,Inc. 66869 2,800.00 Professional Services-Quadedy Sampling of Groundwater Monitoring Wells in the Auto
Environmental Engineering&Contracting 66670 20,000.00 Professional ServiceslSpecialty Course Audits
Environmental Express,Inc. 66379 224.16 Laboratory Services&Supplies
ENVIRONMENTAL RESOURCE ASSOCIATES 66380 2,520.91 Laboratory Services&Supplies
Environmental Sampling Supply 66381 364.88 Laboratory Services&Supplies
Ewing Irrigation 66526 2,919.00 Irrigation Repair&Maintenance Services and/or Supplies
Excel Door&Gate Co.,Inc. 66527 6,019.18 Repair&Maintenance Services and/or Supplies
Express Lens Lab 1898 957.12 Safety,Security,Health Equipment,Supplies,and Services
Facility Process Solutions Consulting 66383 4,712.20 Professional Services/Biotrickling Filter Inspection Services
Fastenal Company 66384 772A8 Janitor&Household Service&Supplies
Faviola Miranda 66560 51.01 Meefing/haining Expense Reimbursement
Face.Corporation 66528 355.06 Freight Services
Filarsky&Watt.L.L.P. 66385 7,105.00 Prof.Services-SPMT Labor Negotiation Meetings&Special Services
First American Corelcgic 66515 263.50 Saffil Maintenance Agreement
Fisher Scientific 66386 1,816.00 Laboratory Services&Supplies
Fisher Scientific 66529 2,612.78 Laboratory Services&Supplies
Fisher Scientific 66671 1,372.38 Laboratory Services&Supplies
FEW,Inc. 66672 1,714.71 Electrical/Electronic Equipment,Pads&Repairs
Fountain Valley AAA Auto Spa 66530 1,403.10 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
Franklin Covey 66673 17.78 Office Supplies
Fresno First Bank-Acct 100013315 66639 37,962.50 Construction,Retention
Frye Electronics 66387 1079 Computers,So6wamiHardware
Garland Manufacturing Co. 66388 3,874.64 Repair&Maintenance Services and/or Supplies
Garland Manufacturing Co. 66674 11 596.78 Repair&Maintenance Services and/or Supplies
Garraa Callahan Company 66532 3,683.69 Chemicals,Water/Wastember Treatment
Garad Callahan Company 66675 20646 Chemicals,Water/Wastevreter Treatment
Gates Fiberglass Installers 66533 3,736.00 Repair&Maintenance Services and/or Supplies
George L.Robertson 66622 656.32 MeetinglTraining Expanse Reimbursement
Global Environmental NeNrork Inc. 66676 825.00 Safety,Security,Health Equipment,Supplies,and Services
Golden State Overnight Delivery Service 66677 23.60 Courier Services
Golden West Machine,Inc. 665U 1,684.80 Repair&Maintenance Services and/or Supplies
Golden West Window Service 66535 432.00 Facilities,Maintenance,Services&Supplies
Golden West Window Service 66678 5,233.58 Facilities,Maintenance,Services&Supplies
Grainger,Inc. 66388 4,356.43 Repair&Maintenance Services and/or Supplies
Grainger,Inc. 66536 2,880.31 Repair&Maintenance Services and/or Supplies
Grainger,Inc. 66679 7,tSSS Repair&Maintenance Services and/or Supplies
Graybar Electric Company 66390 461 Electrical/Electronic Equipment,Parts&Repairs
Graybar Electric Company 66537 161.88 Electrical/Electronic Equipment,Pads&Repairs
Getter Electric Company 66680 370.83 Electrical/Electronic Equipment,Pads&Repairs
Great Western Sanitary Supplies 66391 663.15 Janitor&Household Service&Supplies
GRIM Information Management Services 66538 71.73 Miscellaneous Services&Supplies
GRM Information Management Services SHIM 560.08 Miscellaneous Services&Supplies
Guarantee Records Management 136539 1,292.47 Professional Services-Document Storage&Shredding
Hach c/o Person Industries 66540 1,056.67 Laboratory Services&Supplies
Hach do Ponied Industries 136682 8,922.96 Laboratory Services&Supplies
Hardy Diagnostics 66883 537.62 Laboratory Services&Supplies
Harrington Industrial Plastics,Inc. 66392 6,257.92 Repair&Maintenance Services and/or Supplies
Hesse Oil Co.,Inc. 66393 898.52 Fuel and Lubricants
Hazen And Sawyer,P.C. 66541 8,776.31 Professional Services/Oxygen Plant Demolition
HDR Engineering,Inc. 66479 120,483.81 Professional Services/Engineering Design Services
Hlghmark 66384 317.05 Safety,Security,Health Equipment,Supplies,and Services
Hill Brothers 1868 36,785.05 Chemicals,WaterlWastewater Treatment
Home Depot 66542 1,028.08 Miscellaneous Parts and Supplies
Home Depot 66884 193.32 Miscellaneous Pads and Supplies
Hodmn Technology 66395 2,391 Laboratory Sandi&Supplies
EXHIBIT B
n,velsnr Page 4 of 10 Soi
Claims Paid From 7116114 to 7131/14
Return W Attends Report
Vendor Warrant No. Amount Description
Hub Auto Supply 66543 429.46 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
Hya6 Legal Plans 66685 3,439.00 Professional Sarvicea-Legal
Image Sales,Inc. 66686 262.31 Safety,Security,Health Equipment,Supplies,and Services
Immix Technology,Inc. 66397 4,5W.00 Professional Omanizationa MeetingRraining/Membership
Industrial Distribution Group 66398 354.26 Repair&Maintenance Services and/or Supplies
Industrial Threaded Products,Inc. 1876 201.42 Repair&Maintenance Services anchor Supplies
Industrial Threaded Products,Inc. 1899 1,912.35 Repair&Maintenance Services and/or Supplies
Industrial Threaded Products,Inc. 1907 1,179.41 Repair&Maintenance Services and/or Supplies
Insight Public Sector,Inc. 66687 9,511.45 Computers,Sofiware/Hardl
Intl.Union of Oper.Eng.AFL CIO Locel 66W 4,634.58 Dues Deductions
Irvine Ranch Water District 66545 10.50 Water Use
Irvine Ranch Water District 66688 61.88 Water Use
J F Shea Construction,Inc. 66642 113,811 Construction
J.L.Wingert Co.-Remit to: 66547 160.26 Repair&Maintenance Services and/or Supplies
JACOBS PROJECT MANAGEMENT CO. 66480 168,680.22 Professional Services/remporery Services
Jamison Engineering Contractors,Inc. 66689 2,504.00 Professional Services/Construction Support Services
Jays Catering 66546 1,263.39 Catering Services
Johnstone Supply 66690 841,98 Repair&Maintenance Services and/or Supplies
JP Morgan Chase Bank,NA 66481 69,597.66 Purchasing Card Program for Miscellaneous Parts and Supplies
Kemirs Water Solutions 1869 52,686.84 Chemicals,Water/Wastevreter Treatment
Kerala Water Solutions 1893 46,631.10 Chemicals,WaterlWasteyorter Treatment
Kemire Water Solutions 1908 23,229.93 Chemicals,Water/Wastevreter Treatment
KIMCO STAFFING SERVICES 66549 1,620.00 Professional Services/temporary Services
KIMCO STAFFING SERVICES 66691 1,359.00 Professional ServiceslTemporery Services
K-LOG,INC. 66399 1,949.50 Minor Equipmenf Furniture&Fixtures
Kofi&Associates,Inc. 66550 9,912.00 Professional Services/Comp&Class Study
Lee&Ro,Inc. 66400 7,042.25 Professional Services/Engineering Design Services
Letner Roofing Co. 66482 84,600.00 Repair&Maintenance-Roof Repair antllor Replacement
Levis Brisbois Biagi&Smith 66401 193.20 Professional Services-Legal
Lew Brisbois Bisgaard&Smith 66551 2,256.60 Professional Services-Legal
Levis Brisbois Biagi&Smith 66692 1,384.60 Professional Services-Legal
Liberty Mutual Claims 66552 2,291.90 Insurance
Lillestrand and Associates 66693 2,973.49 Professional Services
Lusire-Cal 66553 1,054.33 Office Supplies
Lustre-Cal 66694 581.37 Office Supplies
Maintenance Superintendenis-MSA 66402 50.00 Professional Organizations Meeting/Training/Membarship
Maintenance Superintendents-MSA 66695 75.W Professional Organizations Meeting/Raining/Membership
MAJESTIC FIRE,INC. 66696 659.93 Service Agreement
Malcolm Pirnie Inc. 66475 43,670.85 Construction
Malcolm Pirnie Inc. 66644 2,065.50 Construction
Malcolm Pirnie,Inc. 66403 1,268.W Professional Services/Engineering Design Services
Malcolm Pirnie,Inc. 66554 14,654.25 Professional Services/Engineering Design Services
Mandic Motors full 315.00 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
Me*A.Esquer 66470 350.00 MeetingRraining Expanse Reimbursement
Marva.Electronics full 10.80 ElooricallElectmnic Equipment,Pans&Repairs
Matheson TO Gas,Inc. 66556 1,496.48 Laboratory Services&Supplies
Maxim Security Systems Sal 22,896.39 Safety,Security,Health Equipment,Supplies,and Services
Maxim Security Systems 66699 2,332.12 Safety,Security,Health Equipment,Supplies,and Services
MCJunkin Red Man Corporation 66557 402.00 Repair&Maintenance Services and/or Supplies
McMaster-Cam Supply Co. 66405 382.14 Repair&Maintenance Services and/or Supplies
McMaster-Cam Supply Co. 66558 373.31 Repair&Maintenance Services and/or Supplies
McMaster-Cam Supply Co. 66700 1,091.41 Repair&Maintenance Services and/or Supplies
Media Blast and Abrasive,Inc. 66559 834.48 Mechanical Equipment
Mesa Consolidated Water District 66406 23.30 Water Use
Mesa International Technologies,Inc. 66701 315.00 Repair&Maintenance Services and/or Supplies
nmztalr B
Page 5 of 10 EXHIBIT
eIBIT 4
Claims Paid From 7116114 to 7131/14
Return to Audi Report
Vendor Warrant No. Amount Description
Michael Amer Consulting 66407 900.00 Professional Services
Michael Kobzofr 66471 108.00 Meetingrimining Expense Reimbumement
Mission Abrasive&Janitorial Supplies 66561 207.40 Janitorial&Household Services&Supplies
Moore Medical Inc. 1877 242.68 Medical Supplies
Moore Medical Inc. 1909 483.04 Medical Supplies
MTM Recognition Corporation 66408 1,539.72 Service Awards
MTM Recognition Corporation 66562 2,081.72 Service Awards
MTM Recognition Corporation 66702 454.47 Service Awards
Municapal Maintenance Equipment 66409 3,207.60 Auto Pads&Supplies
NASCO 66703 528.41 Tools&Supplies
NASSCO/PACP 66563 750.00 Professional Organizations Mee0ng/rraining/Membership
Neal Supply Co, 66410 382.21 Repair&Maintenance Services and/or Supplies
Neal Supply Co. 667N 159.20 Repair&Maintenance Services and/or Supplies
Neopost USA Inc. 66564 63.54 Equipment LeaselPostage Meter
Newark Electronics 66411 262.66 Electricals Electronic Equipment,Pans&Repairs
Newark Electronics 66705 33,06 Electricals Electronic Equipment,Pads&Repairs
Nicholas J.Arhontes 66747 834.04 Meeting/training Expense Reimbursement
North Central Labs 66706 423.50 Laboratory Services&Supplies
NRG Engine Services,L.L.C. 66412 10,120.27 Repair&Maintenance Services and/or Supplies
OCB Reprographics 66322 1,250.27 Printing/Reprographice Services
OCB Reprographics 66499 1,487.88 Printing/Reprographics Services
OCFA 66566 653.25 Dues Deductible
ODC Engineering&Technology 66640 118,392.36 Construction
Office Depot 66413 2,972.76 Office Supplies
Office Depot 66567 2,071.83 Office Supplies
Office Team 66568 3,804.50 Professional ServiceslTempri Services
Olin Corporation 66414 15,793.94 Chemicals,Water/Wastewater Treatment
Olin Corporation 66569 18,164.37 Chemicals,Wated/Wastevreter Treatment
Olin Corporation 66707 2,259.09 Chemicals,WatedWastewater Treatment
Olympus America Inc.-Remit to: 66415 2,633.19 Laboratory Services&Supplies
Omega Industrial Supply,Inc. 66570 1,575.26 Janitor&Household Service&Supplies
ONE WAY SOLUTIONS,LLC 66708 1,542.00 Miscellaneous Maintenance Supplies
OneSouroe Distributors,Inc. 66416 2,022.64 Electrical/EleMronic Equipment,Parts&Repairs
OneSoume Distributors,Inc. 66571 16.05 ElectricaliElecironic Equipment,Parts&Repairs
OneSoume Distributors,Inc. 66709 5,167.70 Electrical/EleMronic Equipment,Parts&Repairs
Oracle America Inc. 66710 20,644.32 SORware Maintenance Agreement
Orange County Business Council 66417 5'000.00 Professional Organizations MeetingRraining/Membership
Orange County Sanitation District 66626 2,023.66 Petty Cash Expense
Orange County Sherdf 66573 633.34 Judgments Payable
Orange County United Way 66574 40.00 Employee Contributions
Orange County Vector Control District 66419 145.38 Pest Control
Pacific Investment Management 66483 212,642.26 Professional Financial Services
Pacific Mechanical Supply 1878 4,372.66 Repair&Maintenance Services and/or Supplies
Pacific Mechanical Supply 1900 40.62 Repair&Maintenance Services and/or Supplies
Pacific Mechanical Supply 1910 11,933.18 Repair&Maintenance Services and/or Supplies
Parker Supply Company 1879 483.32 Miscellaneous Paris and Supplies
Parker Supply Company 1901 2,058.30 Miscellaneous Parts and Supplies
Parker Supply Company 1911 1,021.22 Miscellaneous Pans and Supplies
Parkhouse Tire, Inc. 66420 1,046.19 Autos,Trucks&Marine Equipment,Pans,Accessories&Services
Paso Robles Tank,Inc. 66300 177,454.50 Professional Servicesd-ow Pressure Digester Gas Holder Repairs
Patriot Video Productions 66575 671.80 Miscellaneous Services
PCS Express,Inc. 66421 157.88 Couner Services
Pencco,Inc. 66422 16,273.19 Chemicals
Pencco,Inc. 66632 27,731.95 Chemicals
Performance Pipeline Technologies 66423 1,400.00 Professional SBrvidim CCN lnspection/Sewarline Cleaning
EXHIBIT B
m2 air Page 6 of 10 era/z014
Claims Paid From 7116114 to 7131/14
Return to Arenda Rom
Vendor Warrant No. Amount Description
PIE Hawn Company,Inc. 66424 180.92 Repair&Maintenance Services and/or Supplies
PL Hawn Company,Inc. 66576 1,083.08 Repair&Maintenance Services andlor Supplies
PIE Hawn Company,Inc. 66711 415.50 Repair&Maintenance Services and/or Supplies
PLC LTD.COM INC 66712 12,150.00 Computer Supplies
Polydyne,Inc. 1870 124,898.85 Chemicals,WalerlWastewater Treatment
Polydyne,Inc. 1903 147,127.26 Chemicals,Water/Wastewater Treatment
Ponton Industries,Inc. 66577 5,351.82 Laboratory Services&Supplies
Pori Supply 66425 580.26 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
Port Supply 66578 1,081.53 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
Power Bros.Machine,Inc. 66579 2,375.70 Repair&Maintenance Services and/or Supplies
POWERHOUSE COMBUSTION&MECHANICAL CDR 66426 14,559.44 Repair&Maintenance Services and/or Supplies
PR Electronics,Inc. 66427 1,079.73 Electrical/Electronic Equipment,Paris&Repairs
Praxair Distribution,Inc. 66580 714.53 Laboratory Services&Supplies
Primary$come Office Furnishings,Inc, 66428 2,003.40 Minor EquipmentiFurniture&Fixtures
Primrose Ice Co.,Inc. 66429 472.50 Water&Ice Services
Primrose Ica Co.,Inc. 66713 498.75 Water&Ice Services
Procare Work Injury Center 66714 520.00 Medical Services
Professional ServiceslCora Ocean Monitor 66555 21,450.00 Marine Taxonomic Services,Ltd.
Projects Partners 66430 2,200.00 Professional Servicesfrerni Employment Services
Providence Publications,L.L.C. 66340 795.00 Safety,Security,Health Equipment,Supplies,and Services
Prudential Cleanroom Services 66431 182.74 Uniforms
Prudential Cleanroom Services 66581 365.48 Uniforms
Prudential Overall Supply 1902 2,940.W Uniforms
Prudential Overall Supply 1912 2,945.42 Uniforms
Pump Action 66582 11,499.06 Oil Filters
Pumping Solutions,Inc. 66715 7,442.05 Repair&Maintenance Services and/or Supplies
Pure Air Filtration,LLC 66633 110,391.00 Repair&Maintenance Services and/or Supplies
O Air-Cali.Div.Pump Engineering 66716 2,380.61 Repair&Maintenance Services and Supplies
Ouynh D.Nguyen 66748 109.61 Meebngfrraining Expense Reimbursement
Rabobank,Escrow Accuf 272295573 66308 120,084.05 Construction
Raceway Ford 66484 35,679.96 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
Rainbow Disposal Co. 661 3,502.94 Waste Disposal
RBF Consulting 66584 5,187.63 Professional Services/Engineering Design Services
Rentacrate,L.L.C. 66585 236.29 Facilities,Maintenance,Services&Supplies
Resource Environmental,Inc. 66433 4,750.00 Facilities,Maintenance,Services&Supplies
Restek Corp. 1880 413.0 Laboratory Services&Supplies
Rims Inc. 66434 650.00 Professional Organizations MeetingRraining/Membership
RMC Water and Environment 66301 65,557.11 Professional Services
RMC Water and Environment 66586 2,587.59 Professional Services
Robert Half International,Inc. 66587 3,120.00 Computer Applications&Services
Robert J.Thiede 66625 164.00 Meetingfhaining Expense Reimbursement
Rockwell Engineering&Equipment Co. 66586 4,016.70 Repair&Maintenance Services and/or Supplies
RONAN ENGINEERING CO. 66589 865.62 Elecolcal/Electronic Equipment,Parts&Repairs
Royale Cleaners 66590 6.10 Miscellaneous Services
RPM Electric Motors 66591 4,645.76 Repair&Maintenance Services and/or Supplies
RPM Electric Motors 66717 5,200.29 Repair&Maintenance Services and/or Supplies
Russell Sigler,Inc.dba Sigler W holesal 66592 459.11 Elecolcal/Electronic Equipment,Parts&Repairs
S&J Supply Cc Inc 661 464.40 Repair&Maintenance Services and/or Supplies
S&J Supply Cc Inc 66593 4,393.25 Repair&Maintenance Services and/or Supplies
SAFE ENTRY TECHNICAL,INC. 66718 115.91 Repair&Maintenance Services and/or Supplies
San Dlego/Orange Fluid System Technologl 661 782.11 Repair&Maintenance Services and/or Supplies
San DiegolOrange Fluid System Technologi 66586 1,655.77 Repair&Maintenance Services and/or Supplies
San Dlega/Orange Fluid System Technologl 66719 438.73 Repair&Maintenance Services and/or Supplies
Sancon Engineering,Inc. 66720 4,022.00 Repair&Maintenance Services and/or Supplies
SC Fuels 66437 7,011.74 Fuel and Lubricants
nmzlair B
BIT EXHI
Page 7 of 10
eBIT
Claims Paid From 7116114 to 7131/14
Return W Attends Rom
Vendor Warrant No. Amount Description
SCAP 66302 50,000.00 Professional Organizations Meedng/Training/Membership Dues
SCOTT-MARRIN,INC. 66721 12.00 Repair&Maintenance Services andlor Supplies
SCPLRC(Southern California Public Reis. 66438 200.00 Professional Organizations Meedng/Daining/Membership
Secretary of State 66595 20.00 Professional Organizations,MeetinglTraining/Membership
Becomes Security Services USA,Inc. 66634 30,096.28 Safety,Security,Health Equipment,Supplies,and Services
Selwyn 0.Mansell 66472 107.11 Meetingrimining Expanse Reimbursement
Shamrock Supply Co.,Inc. 66439 620.72 Repair&Maintenance Services and/or Supplies
Shamrock Supply Co.,Inc. 66596 3,457.22 Repair&Maintenance Services,and/or Supplies
Shamrock Supply Co.,Inc. 66722 4,392.09 Repair&Maintenance Services and/or Supplies
SHOETERIA 66440 136.07 Safety Equipmerfloc is
SHOETERIA 66723 131.21 Safety EquipmentlTools
Shureluck Sales&Engineering 66441 2,693.09 Repair&Maintenance Services and/or Supplies
Shureluck Sales&Engineering 66724 274.75 Repair&Maintenance Services and/or Supplies
Siemens Technology 66597 3,683.32 Air Conditioner Automation System
Siemens Water Technologies Corp. 1875 1,445.82 Repair&Maintenance Services and/or Supplies
Siemens Water Technologies Corp. 66382 79.19 Repair&Maintenance Services,and/or Supplies
SIERRA TRANSPORT INC. 66442 14,674.97 Professional Service-Biosolids Management
SIERRA TRANSPORT INC. 66725 9,670.27 Professional Service-Biosolids Management
So.Cal Gas Company 66485 32,061.69 Utilities
South Coast Air Ouality Management Dist 66635 41,353.60 Governmental Agency Fees&Charges
South Coast Shipyard,Inc. 66726 9,663.76 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
Southem California Coastal Water 66303 400.000.00 Joint Powers Agreement
Southern California Edison 66443 363.71 Utilities
Southem California Edison 66486 487,63127 Utilities
Southern California Edison 66598 2,480.83 Utilities
Southem Counties,Lubricants 66599 4,688.78 Fuel and Lubricants
Sparkles-Dallas 66600 1,541.36 Miscellaneous Services
SPEX Camprep,Inc. 66444 79.82 Laboratory Services,&Supplies
St.Croix Sensory,Inc. 66445 739.35 Olfactometry Testing Services
St.Croix Sensory,Inc. 66601 613.80 Olfackenetry Testing Services
Staples 66446 986.34 Office Supplies
Staples 66727 179.44 Office Supplies
State Board of Equalization 663N 53,689.00 Governmental Agency Fees&Charges
State Board of Equalization 66447 300.00 Governmental Agency Fees&Charges
Stefanie R.Ruiz 66623 135.21 Employee Computer Loan Program
Summit Steal 1913 2,630.29 Repair&Maintenance Services and/or Supplies
Sunset Industrial Parts 66448 497.88 Repair&Maintenance Services and/or Supplies
Sunset Industrial Paris 66728 59.53 Repair&Maintenance Services and/or Supplies
Synagro West,Inc. 66306 99,307.19 Biosolids Management
Synagn West,Inc. 66636 606,429.06 Biosolids Management
Teledyne lnsimmenis/Impulse,Inc. 66729 202.89 Laboratory Services&Supplies
TeledynellSCO 66449 23,076.36 Laboratory Services&Supplies
Testsmerica Ontario 1881 914.00 Laboratory Services&Supplies
Thatcher Company Of California 66450 23,734.36 Chemicals,Water(Wastearater Treatment
The Modal Shop,Inc. 66451 920.16 Electrical/Electronic Equipment,Pans&Repairs
The Orange County Register 66418 4,116.00 Notices&Ads
The Orange County Register 66572 42.58 Notices&Ads
The Unisource Corporation 66607 649.96 Paper&Office Supplies
Thompson Industrial Supply,Inc. 1882 2,W.46 Repair&Maintenance Services and/or Supplies
Thompson Industrial Supply,Inc. 1914 3,75).03 Repair&Maintenance Services and/or Supplies
Tongs Lock&Safe Service&Sales 66452 1,514.40 Repair&Maintenance Services and/or Supplies
Toshiba Business Solutions USA Inc. 66730 2,452.35 Computers,Soswere/Hardware&Managed Services
Total Resource Management,Inc. 66902 1,464.00 Professional Servlcesllmplementatlon of IBM Maxim
Tovmcend Public Affairs 66731 7,500.00 Professional Services-State Legislative Advocacy
Truck&Auto Supply,Inc. 66453 6,432.25 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
EXHIBIT B
nmzlak Page 8 of 10 SaQ014
Claims Paid From 7116114 to 7131/14
Return as Aaenda Rom
Vendor Warrant No. Amount Description
Tole RanchlMagan Forms 66306 277,773.99 Biosolids Management
Tule RanchlMagan Pence 66637 278,978.96 Sioaolids Management
TUSTIN IRVINE MEDICAL GROUP 66732 175.00 Medical Services
Tat Telecom Holdings,Inc. 66603 11,521.92 Telecommunications
Two Wheels One Planet 66454 4,822.40 Autos,Trucks&Marine Equipment,Parts,Accessories&Services
USBank 66455 4,475.00 Annual COP Administrative Fee
UC Regents 66456 1,250.00 Professional Organizations MeetingRmining/Membership
UC Regents 66604 750.00 Training Regiatretion
Ultra Scientific 66457 447.36 Laboratory Services&Supplies
Ultra Scientific 66605 742.38 Laboratory Services&Supplies
Umesh N.Murthy 66473 136.61 Meeting/training Expense Reimbursement
Underground Service Alen of So.Calif 66606 1,849.50 Professional Services-Dig Alert Notification Service
Underground Service Alen of So.Calif 66733 1,621.50 Professional Services-Dig Alen Notification Service
Union Bank of California 66458 887.34 Banking Services
United Parcel Service 66459 501.72 Freight Services
United Parcel$ervice 66608 82.40 Freight Services
United Parcel Service 66734 1,3W.24 Freight Services
UPS Ground Freight,Inc. 66460 257.00 Freight Services
US Equipment Co.,Inc. 66735 2,420.92 Repair&Maintenance Services and/or Supplies
US Peroxide,L.L.C. 66487 43,940,37 Chemicals,Water/Wasewater Treatment
US Peroxide,L.L.C. Sal 45,283.39 Chemicals,WatenWastevrater Treatment
USA Bluebook 66609 450.59 Laboratory Services&Supplies
Vain Corporation 191E 3,361.86 Repair&Maintenance Services and/or Supplies
Valve Automation&Controls 66461 2,109.41 Repair&Maintenance Services and/or Supplies
Valve Automation&Controls 66610 1,370.70 Repair&Maintenance Services and/or Supplies
Verbal Ink 66462 280.00 Human Resources Services
Verbal Ink 66736 173.50 Human Resources Services
Verizon California 66463 6,840.00 Telecommunications
Verne's Plumbing 66464 5,285.76 Plumbing Services&Supplies
Verne's Plumbing 66611 8,009.32 Plumbing Services&Supplies
Verne's Plumbing 66737 3,034.14 Plumbing Services&Supplies
Venach Industrial Systems,LIc 66612 6,612.58 Professional Services/Construction Consulting Services
Vision Internet Providers,Inc 66613 350.00 Professional Services/Web Design Services
MR Scientific Products 66465 2,911.15 Laboratory Services&Supplies
MR Scientific Products 66738 8,204.63 Laboratory Services&Supplies
W.M.Lyles Co. 66619 5,700.00 Construction
W.M.Lyles Co. Sal 721,287.W Construction
W.M.Lyles Co. 66751 B,201.50 Construction
Wastewater Technology Trainers 66739 1,730.00 Professional Organizations Mee0ng7raining/Membership
Water Environment Federation 66740 1,912.00 Professional Organizations Meeting(Training/Membeship
Waters Corporal 66741 3,790.87 Laboratory Services&Supplies
Waxie Sanitary Supply 66466 2,043.31 Janitor&Household Service&Supplies
Waxie Sanitary Supply 66614 1,583.43 Janitor&Household Service&Supplies
Wayne Perry Inc 66467 1,900.00 Laboratory Services&Supplies
Weber Scientfc 66742 176.14 Laboratory Services&Supplies
Wesley G.Bauer,II 66469 181 Meebng/rraining Expense Reimbursement
West Coast Arboreta,Inc. 66615 750.00 Landscape Maintenance Services
West Coast Arbonsts,Inc. 66743 4,048.00 Landscape Maintenance Services
West Coast Safety Supply Co. 667" 1,443.80 Safety,Security,Health Equipment,Supplies,and Services
West Lite Supply Company,Inc. 66468 1,204.55 Electrical/Electronic Equipment,Parts&Repairs
West Lite Supply Company,Inc. 66616 49.42 ElectrlcallElectmnlc Equipment,Parts&Repairs
West Lite Supply Company,Inc. 66745 285.64 Electrical/Electronic Equipment,Parts&Repairs
William M.Moline 66820 340.00 Meefinglhalning Expense Reimbursement
Wilmington Instrument Co.,Inc. 66746 1,598.72 Instrument Parts&Supplies
Woodruff Spool&Smart 6648E 48,158.68 Professional Services-Legal
EXHIBIT B
nmzlalr Page 9 of 10 BI6/2014
Claims Paid From 7116114 to 7131/14
Return to Mamas Rom
Vendor Warrant No. Amount Description
Xylem Water Solutions 66617 450.71 Repair&Maintenance Services and/or Supplies
Total Accounts Payable-Warrants $ 7439469,50
Payroll Disbursements
Employee Paychecks 56460 - M492 $ 77,192.52 Biweekly Payroll(7123/14)
Employee Paychecks 66493 100.00 Interim Payroll-Re-issue ARBA Check(7/17/14)
Employee Paychecks 561 2,747.09 Interim Payroll-Resignation-Reg Hre(7/17/14)
Employee Paychecks 56495 7,279.76 Interim Payroll-Resignation-Accruals(7/17/14)
Employee Paychecks 56496 - M497 2,903.17 Interim Payroll-Leave Payout(IDEA)(7/2V14)
Employee Paychecks 56564 5,556.70 Interim Payroll-Retirement-Reg Hrs(7/31/14)
Employee Paychecks 56565 12,431.78 Interim Payroll-Retirement-Accmals(7/31/14)
Direct Deposit Statements 357629-358194 1,378,336.40 Biweekly Payroll(7/23/14)
Total Payroll Disbursements $ 1,486,547.42 —ehed oomheras4ss.esess used In ww,e penoE.
Wire Transfer Payments
OCSD Payroll Taxes&Contrlbufiche $ 710,987.39 Biweekly Payroll(7123114)
W.M.Lyles 2,286,596.95 Construction P1-1011PP18(7117114)
W.M.Lyles 625,392.60 Construction P1-112/P2-101/PP6(7117114)
W.M.Lyles 1,025,400.55 Construction 5-60/PP11 (7124114)
Union Bank of California 1,813,575.44 Series 2007A Certificates of Participation Interest Payment
Union Bank of California 6,624,612.72 Series 2007B Certificates of Participation Interest Payment
US Bank 8,640,005.86 Series 2008B Refunding Certificates of Participation Principal and Interest Payment
US Bank 4,441,800.30 Series 2009A Refunding Certificates of Participation Interest Payment
US Bank 2,228,947.46 Series 2010A Revenue Obligation BABS Interest Payment
US Bank 5,018,202.98 Series 201OC Revenue Obligation BAGS Interest Payment
Union Bank of California 12,058,272.54 Series 2011A Certificates of Participation Principal It Interest Payment
Union Bank of California 1,867,948.47 Series 2012A Certificates of Participation Interest Payment
US Bank 1,593,697.90 Series 2012B Revenue Obligation Interest Payment
Total Wire Transfer Payments $ 48.935.441.16
Total Claims Paid 7/16114-7131/14 $ 57,861,458.08
Oorzlpnr Page 10 of 10 EXHIBIT B
eIBIT
ITEM NO. 2
Orange County Sanitation District
MINUTES
BOARD MEETING
July 23, 2014
1 SANITgTj�y
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Administration Building
10844 Ellis Avenue
Fountain Valley, California 92708-7018
0 712 312 01 4 Minutes of Board Meeting Page 1 of 14
ROLL CALL
A regular meeting of the Board of Directors of the Orange County Sanitation District was
held on July 23, 2014, at 6:30 p.m., in the Administration Building. Director Brad Reese
delivered the invocation and led the Pledge of Allegiance.
The Acting Clerk of the Board declared a quorum present as follows:
ACTIVE DIRECTORS ALTERNATE DIRECTORS
X Tom Beamish, Chair Rose Espinoza
X John Nielsen, Vice-Chair Allan Bernstein
X David Benavides Sal Tinajero
X Joe Carchio Dave Sullivan
X Steven Choi Christina Shea
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
Brett Murdock X Roy Moore
X Richard Murphy Troy Edgar
X Steve Nagel Michael Vo
X Prakash Narain Doug Bailey
X Scott Nelson Constance Underhill
X Janet Nguyen Shawn Nelson
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; Nick Arhontes, Director of Facilities Support Services; Jeff Reed,
Director of Human Resources; Rob Thompson, Director of Engineering; Ed Torres,
Director of Operations & Maintenance; Lorenzo Tyner, Director of Finance &
Administrative Services; Kelly Lore, Acting Clerk of the Board; Jennifer Cabral; Norbert
Gaia; Al Garcia; Stephanie Good; Lori Klinger; Andrew Nau; Kelly Newell.
07/23/2014 Minutes of Board Meeting Page 2 of 14
OTHERS PRESENT: Brad Hogin, General Counsel; Steve Filarsky, Consultant; Jim
Ruth, Consultant; Dan Bunce, Brown and Caldwell; Bob Ooten (Alternate Director)
CWSD.
PUBLIC COMMENTS:
None.
Director Benavides arrived at 6:35 p.m.
SPECIAL PRESENTATIONS:
General Manager, Jim Herberg and Vice Chair Beamish presented Certificates of
Commendation to:
o Southern California Alliance of Publicly Owned Treatment Works (SCAP)
Executive Director John Pastore in attendance.
o California Association of Sanitation Agencies (CASA)
CASA President Stephen Hogg in attendance.
o California Water Environment Association (CWEA)
Director Megan Yoo Schneider, WEF Director Alec Mackie and Treasurer
Belinda Blackburn in attendance.
REPORTS:
Chair Beamish announced that Director Ferryman received the "Recognition in Special
District Governance".
Chair Beamish also announced that he has appointed Scott Nelson to the Steering
Committee and Steve Jones as an Alternate for the GWRS Steering Committee and
noted that these appointments were not reflected on Agenda Item No. 2 as they were
finalized today.
Director Kring arrived at 6:39 p.m.
General Manager Jim Herberg reported on the following: July status report; dates
available for upcoming Director Nerissa Tours; community and construction outreach
efforts; and the recently assigned OCSD's AAA rating by Standard & Poor's and Fitch.
Director of Finance, Lorenzo Tyner distributed an informational flyer and updated the
Board on the Fund Manager Selection Process.
07/23/2014 Minutes of Board Meeting Page 3 of 14
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: 06/15/14 06/30/14
Totals $ 7,485,674.74 $ 9,221,231.85
AYES: Beamish; Carchio; Choi; Ferryman; Hernandez; Jones;
Kim; Levitt; Nagel; Narain; Nelson; Reese; F. Smith;
and Withers
NOES: None
Benavides; Diep; Kring; Moore (Alternate) M. Murphy
ABSTENTIONS: (Alternate) R. Murphy; Nguyen; Nielsen; Seboum and
Shawver
ABSENT: Curry
CONSENT CALENDAR:
2. MOVED, SECONDED, AND DULY CARRIED: Receive and file the updated
Orange County Sanitation District Directors' Committee Assignments for
2014-15 with the addition of Scott Nelson to the Steering Committee and Steve
Jones as an Alternate for the GWRS Steering Committee, who Chair Beamish
appointed today.
AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate);
M. Murphy (Alternate); R. Murphy.; Nagel; Narain;
Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F.
Smith; and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: Curry
07/23/2014 Minutes of Board Meeting Page 4 of 14
3. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the Regular
Board Meeting held on June 25, 2014.
AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate);
R. Murphy.; Nagel; Narain; Nelson; Nguyen; Nielsen;
Reese; Sebourn; Shawver; F. Smith; and Withers.
NOES: None
ABSTENTIONS: M. Murphy (Alternate)
ABSENT: Curry
4. MOVED, SECONDED, AND DULY CARRIED: Approve the FY 2014-15
"not-to-exceed" quotes for the following insurances:
A. Medical Insurance— Not to Exceed $9,623,361
B. Dental Insurance— Not to Exceed $884,195
C. Vision Insurance— Not to Exceed $92,867
D. Basic Life Insurance— Not to Exceed $65,331
E. Long-Term Disability Insurance— Not to Exceed $285,479
F. Short-Term Disability Insurance— Not to Exceed $141,360
G. Employee Assistance Program — Not to Exceed $11,026
AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate);
M. Murphy (Alternate); R. Murphy.; Nagel; Narain;
Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F.
Smith; and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: Curry
5. MOVED, SECONDED, AND DULY CARRIED:
A. Authorize the purchase of a new 400-kilowatt trailer-mounted Tier 4 Final
compliant mobile generator and related accessories from Multiquip, for a
total not to exceed $189,148 in accordance with OCSD's Ordinance No.
OCSD44, Section 2.03, Exceptions, Item B., Cooperative Purchases; and
B. Approve a contingency of$18,914 (10%).
07/23/2014 Minutes of Board Meeting Page 5 of 14
AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate);
M. Murphy (Alternate); R. Murphy.; Nagel; Narain;
Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F.
Smith; and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: Curry
6. MOVED, SECONDED, AND DULY CARRIED: Authorize the Purchasing
Manager to conduct a Negotiated Procurement for a construction contract for
SALS PS Vent Piping Modifications, Project No. FE12-09, in accordance with
Ordinance No. OCSD44, Section 5.02.A.1.(d): No bids.
AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate);
M. Murphy (Alternate); R. Murphy.; Nagel; Narain;
Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F.
Smith; and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: Curry
7. MOVED, SECONDED, AND DULY CARRIED:
A. Receive and file bid tabulation and recommendation; and
B. Award a construction contract to K&F Electric, Inc. for Programmable
Control Panel Upgrades, Project No. J-125, for a total amount not to
exceed $1,067,774; and
C. Approve a contingency of$106,777 (10%).
AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate);
M. Murphy (Alternate); R. Murphy.; Nagel; Narain;
Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F.
Smith; and Withers.
NOES: None
07/23/2014 Minutes of Board Meeting Page 6 of 14
ABSTENTIONS: None
ABSENT: Curry
8. MOVED, SECONDED, AND DULY CARRIED:
A. Approve Amendment No. 6 to the Professional Design Services
Agreement with Brown and Caldwell for Sludge Dewatering and Odor
Control at Plant No. 2, Project No. 132-92, for $666,798, increasing the
total amount not to exceed $7,485,239; and
B. Approve a contingency increase of $66,680 (1.2%) to the Professional
Design Services Agreement with Brown and Caldwell for Sludge
Dewatering and Odor Control at Plant No. 2, Project No. P2-92.
AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate);
M. Murphy (Alternate); R. Murphy.; Nagel; Narain;
Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F.
Smith; and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: Curry
9. MOVED, SECONDED, AND DULY CARRIED:
A. Approve a sole source purchase order to Flo Systems Inc. for the
purchase of one spare pump for the Steve Anderson Lift Station (SALS)
for a total amount of$215,000; and
B. Approve a contingency of$6,450 (3%).
AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate);
M. Murphy (Alternate); R. Murphy.; Nagel; Narain;
Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F.
Smith; and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: Curry
07/23/2014 Minutes of Board Meeting Page 7 of 14
NON-CONSENT:
10. MOVED, SECONDED, AND DULY CARRIED:
A. Receive and file bid tabulation and recommendation;
B. Find that the lowest bid from Hal Hays Construction, Inc. is non-
responsive and reject the lowest bid;
C. Receive and file Appeal of Award Recommendation letter dated June 18,
2014 from Hal Hays Construction, Inc. concerning the determination that
their bid was Non-Responsive and the Orange County Sanitation District's
recommendation to award to the second lowest bidder, Stronghold
Engineering, Inc.;
D. Receive and file the Orange County Sanitation District Final Disposition
letter dated July 10, 2014, to Hal Hays Construction, Inc. responding to
the Appeal of Award Recommendation;
E. Deny Appeal of Award Recommendation filed by Hal Hays Construction,
Inc.;
F. Award a construction contract to Stronghold Engineering, Inc. for
Maintenance Area Building Improvements and Building H Demolition,
Contract No. P1-115A, part of Title 24 Access Compliance and Building
Rehabilitation, Project No. P1-115, for a total amount not to exceed
$7,323,217; and
G. Approve a contingency of$732,322 (10%).
AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate);
M. Murphy (Alternate); R. Murphy.; Nagel; Narain;
Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F.
Smith; and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: Curry
07/23/2014 Minutes of Board Meeting Page 8 of 14
OPERATIONS COMMITTEE:
11. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the
Committee Meeting held on July 2, 2014.
AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate);
M. Murphy (Alternate); R. Murphy.; Nagel; Narain;
Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F.
Smith; and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: Curry
12. MOVED, SECONDED, AND DULY CARRIED:
A. Award a contract to the lowest responsive and responsible bidder, CDC
Engineering and Technology, for Repairs to Primary Clarifier No. 3 Drive
Unit at P1, Project No. FR14-002, for a total amount not to exceed
$332,700; and
B. Approve a contingency of$66,540 (20%).
AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate);
M. Murphy (Alternate); R. Murphy.; Nagel; Narain;
Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F.
Smith; and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: Curry
13. MOVED, SECONDED, AND DULY CARRIED:
A. Consider, receive, and file the Final Environmental Impact Report for the
Southwest Costa Mesa Trunk, Project No. 6-19, dated July 23, 2014; and
B. Adopt Resolution No. OCSD 14-09 entitled; "A Resolution of the Board of
Directors of the Orange County Sanitation District, Certifying the Final
Environmental Impact Report for implementation of Southwest Costa
07/23/2014 Minutes of Board Meeting Page 9 of 14
Mesa Trunk, Project No. 6-19; making certain findings relating to
environmental effects identified in the Final Environmental Impact Report;
adopting a Mitigation Monitoring and Reporting Program; adopting a
Statement of Overriding Considerations; and approving the Southwest
Costa Mesa Trunk, Project No. 6-19."
AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate);
M. Murphy (Alternate); R. Murphy.; Nagel; Narain;
Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F.
Smith; and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: Curry
14. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the
Committee Meeting held on July 9, 2014.
AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate);
M. Murphy (Alternate); R. Murphy.; Nagel; Narain;
Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F.
Smith; and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: Curry
15. MOVED, SECONDED, AND DULY CARRIED: Adopt Resolution No. OCSD
14-10, entitled "A Resolution of the Board of Directors of the Orange County
Sanitation District, Authorizing the Orange County Sanitation District's Treasurer
to Invest and/or Reinvest District's Funds; Adopting District's Investment Policy
Statement and Performance Benchmarks for FY 2014-15; and Repealing
Resolution No. OCSD 13-13."
AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate);
M. Murphy (Alternate); R. Murphy.; Nagel; Narain;
Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F.
Smith; and Withers.
NOES: None
07/23/2014 Minutes of Board Meeting Page 10 of 14
ABSTENTIONS: None
ABSENT: Curry
16. MOVED, SECONDED, AND DULY CARRIED: Authorize the General Manager
to issue Revenue Refunding Certificate Anticipation Notes, Series 2014B, as
two-year fixed-rate obligations, subject to market conditions, in an amount not to
exceed $135.0 million to replace the $129.625 million Revenue Refunding
Certificate Anticipation Notes, Series 2013A maturing on October 16, 2014.
AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate);
M. Murphy (Alternate); R. Murphy.; Nagel; Narain;
Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F.
Smith; and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: Curry
17. MOVED, SECONDED, AND DULY CARRIED: Authorize use of Ordinance No.
OCSD-44, Section 2.03:13. Cooperative Purchases for a blanket order agreement
to purchase equipment and services for OCSD's Motorola radio systems, for a
total amount not to exceed $250,000 to include all tax and freight.
AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate);
M. Murphy (Alternate); R. Murphy.; Nagel; Narain;
Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F.
Smith; and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: Curry
07/23/2014 Minutes of Board Meeting Page 11 of 14
18. MOVED, SECONDED, AND DULY CARRIED: Direct staff to pay down on the
District's unfunded actuarial accrued liability with the Orange County Employee's
Retirement System (OCERS) in the amount of$125 million.
AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate);
M. Murphy (Alternate); R. Murphy.; Nagel; Narain;
Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F.
Smith; and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: Curry
STEERING COMMITTEE:
19. MOVED, SECONDED, AND DULY CARRIED: Approve minutes for the Steering
Committee Meeting held on June 25, 2014 and the Special Steering Committee
Meeting held on July 9, 2014.
AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate);
M. Murphy (Alternate); R. Murphy.; Nagel; Narain;
Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F.
Smith; and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: Curry
LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE:
20. MOVED, SECONDED, AND DULY CARRIED: Receive and file the minutes of
the July 14, 2014 meeting of the Legislative and Public Affairs Special
Committee.
AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate);
M. Murphy (Alternate); R. Murphy.; Nagel; Narain;
Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F.
Smith; and Withers.
07/23/2014 Minutes of Board Meeting Page 12 of 14
NOES: None
ABSTENTIONS: None
ABSENT: Curry
GWRS STEERING COMMITTEE:
21. MOVED, SECONDED, AND DULY CARRIED: Receive and file the minutes for
the GWRS Steering Committee Meeting held on April 14, 2014.
AYES: Beamish; Benavides; Carchio; Choi; Diep; Ferryman;
Hernandez; Jones; Kim; Kring; Levitt; Moore (Alternate);
M. Murphy (Alternate); R. Murphy.; Nagel; Narain;
Nelson; Nguyen; Nielsen; Reese; Sebourn; Shawver; F.
Smith; and Withers.
NOES: None
ABSTENTIONS: None
ABSENT: Curry
AB 1234 REPORTS:
Director Ferryman reported on his recent meetings as part of the following Boards:
• OCCOG; GWRS; SARFPA and the SAWPA Chino Desalter Tour
Director Withers commented on the possibility of OCSD becoming one of the formal
SAWPA member agencies.
Director Nguyen left the meeting at 6:55 p.m.
CLOSED SESSION
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTIONS: 54957.6
The Board convened in closed session at 6:55 p.m. to discuss one item. Confidential
minutes of the Closed Session have been prepared in accordance with the above
Government Code Sections and are maintained by the Clerk of the Board in the Official
Book of Confidential Minutes of Board and Committee Closed Meetings.
RECONVENED IN REGULAR SESSION: The Board reconvened in regular session at
7:30 p.m.
07/23/2014 Minutes of Board Meeting Page 13 of 14
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
Chair Beamish stated that all of the Committee positions have now filled, but the Board
should keep in mind that there would be openings in December when a few Directors
will term out.
ADJOURNMENT:
The Chair adjourned the meeting at 7:32 p.m., until the Regular Board Meeting on
August 27, 2014 at 6:30 p.m.
Kelly A. Lore
Acting Clerk of the Board
07/23/2014 Minutes of Board Meeting Page 14 of 14
BOARD OF DIRECTORS Meeting Dare I TOBA.Of Dir.
o8iviia
AGENDA REPORT em Number Item Numbe
8
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: P1 HAZARDOUS WASTE STORAGE RELOCATION,
PROJECT NO. FE12-02
GENERAL MANAGER'S RECOMMENDATION
A. Receive and file bid tabulation and recommendation; and
B. Award a construction contract to Fleming Environmental, Inc. for P1 Hazardous
Waste Storage Relocation, Project No. FE12-02, for a total amount not to exceed
$398,111; and
C. Approve a contingency of$39,811 (10%).
SUMMARY
This project will demolish the existing hazardous waste storage facility at Plant No. 1
and construct a new hazardous waste storage facility, including minor electrical work, at
a different location at Plant No. 1. Hazardous material will be moved by the Orange
County Sanitation District (Sanitation District) forces. In addition, this project will
replace an existing damaged sanitary pipe at Plant No. 1.
The Sanitation District advertised for bids on April 28, 2014. Three sealed bids were
received on June 23, 2014. The bids were evaluated in accordance with the Sanitation
District's policies and procedures. Fleming Environmental, Inc. was deemed the lowest
responsive, responsible bidder.
Staff recommends awarding a construction contract to Fleming Environmental, Inc. for
P1 Hazardous Waste Storage Relocation, Project No. FE12-02, for a total amount not to
exceed $398,111.
Summary information on the bid opening for P1 Hazardous Waste Storage Relocation,
Project No. FE12-02, is as follows:
Project Budget $1,159,403
Construction Contract Budget $ 650,000
Engineer's Estimate $ 294,131
Lowest Responsive, Responsible Bid $ 398,111
High Bid $ 433,400
Page 1 of 2
Bidder Amount of Bid
Fleming Environmental, Inc. $ 398,111
The Richards Group $ 415,800
Tharsos, Inc. $ 433,400
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
N/A
CEQA
A Notice of Exemption was filed and recorded with the County of Orange on
March 14, 2014.
BUDGET/PURCHASING ORDINANCE COMPLIANCE
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted (Line item: FY2014-15, Section 8, Page 119).
Project contingency funds will not be used for this construction contract.
Date of Approval Contract Amount Continaencv
08/27/14 $398,111 $39,811 (10%)
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the
complete agenda package:
• Construction Agreement
MP:dm:gc
Page 2 of 2
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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..........................................................................................4
SECTION -4 PLANS AND SPECIFICATONS ........................................................5
SECTION -5 TIME OF COMMENCEMENT AND COMPLETION ..........................5
SECTION -6 TIME IS OF THE ESSENCE .............................................................5
SECTION -7 EXCUSABLE DELAYS......................................................................6
SECTION -8 EXTRA WORK...................................................................................6
SECTION -9 CHANGES IN PROJECT...................................................................7
SECTION - 10 LIQUIDATED DAMAGES FOR DELAY.............................................7
SECTION - 11 CONTRACT PRICE AND METHOD OF PAYMENT.........................7
SECTION - 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF
FUNDS ..............................................................................................9
SECTION - 13 COMPLETION...................................................................................9
SECTION - 14 CONTRACTOR'S EMPLOYEES COMPENSATION.......................10
SECTION - 15 SURETY BONDS ............................................................................12
SECTION - 16 INSURANCE....................................................................................13
SECTION - 17 RISK AND INDEMNIFICATION.......................................................21
SECTION - 18 TERMINATION................................................................................21
SECTION - 19 WARRANTY....................................................................................21
SECTION -20 ASSIGNMENT.................................................................................22
SECTION -21 RESOLUTION OF DISPUTES ........................................................23
SECTION -22 SAFETY& HEALTH........................................................................23
SECTION -23 NOTICES.........................................................................................24
C-CA-021414
Return to Aaende Report
CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
PROJECT NO. FE12-02
PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION
THIS AGREEMENT is made and entered into, to be effective, this July 23, 2014, by and
between Fleming Environmental, Inc., 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
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.
CONFORMED C-CA-021414
PROJECT NO. FE12-02
PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION
Page 1 of 25
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
H. 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:
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.
C-CA-021414 CONFORMED
PROJECT NO. FE12-02
PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION
Page 2 of 25
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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
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.
CONFORMED C-CA-021414
PROJECT NO. FE12-02
PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION
Page 3 of 25
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.
SECTION-3 PROJECT
The Project is described as:
PROJECT NO. FE12-02
PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION
C-CA-021414 CONFORMED
PROJECT NO. FE12-02
PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION
Page 4 of 25
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SECTION-4 PLANS AND SPECIFICATONS
The Work to be done is shown in a set of Plans and Specifications entitled:
PROJECT NO. FE12-02
PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION
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 270 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
completion includes 5 calendar days determined by OCSD likely to be inclement weather when
CONTRACTOR will be unable to work.
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
CONFORMED C-CA-021414
PROJECT NO. FE12-02
PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION
Page 5 of 25
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
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.
C-CA-021414 CONFORMED
PROJECT NO. FE12-02
PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION
Page 6 of 25
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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.
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 Three Hundred Ninety-Eight Thousand One
Hundred Eleven Dollars ($398,111)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
CONFORMED C-CA-021414
PROJECT NO. FE12-02
PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION
Page 7 of 25
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,
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.
C-CA-021414 CONFORMED
PROJECT NO. FE12-02
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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.
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 et 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.
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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 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.
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PROJECT NO. FE12-02
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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.
E. Workdav:
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.
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F. Record of Wages: 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-
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
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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 fad 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.
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
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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 Dossessina the required insurance coverage.
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: Two Million Dollars ($2,000,000) per occurrence and a general
aggregate limit of Two Million Dollars ($2,000,000)for bodily injury, personal injury
and property damage. Coverage shall include each of the following:
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a. Premises-Operations.
b. Products and Completed Operations, with limits of at least Two Million Dollars
($2,000,000) per occurrence and a general aggregate limit of Two Million
Dollars ($2,000,000)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.
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.
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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 One Million Dollars ($1,000,000) and a general
aggregate limit of One Million Dollars ($1,000,000)for bodily injury, personal injury
and property damage;
Or alternatively, (2) One Million Dollars ($1,000,000) 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.
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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
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.
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.
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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 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
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PROJECT NO. FE12-02
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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.
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
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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
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
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PROJECT NO. FE12-02
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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,
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.
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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
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.
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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 safety 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.
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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: Fleming Environmental, Inc.
1372 E. Valencia Drive
Fullerton, CA 92831
Copy to: Terry L. Fleming, Jr., President
Fleming Environmental, Inc.
1372 E. Valencia Drive
Fullerton, CA 92831
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PROJECT NO. FE12-02
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IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: Fleming Environmental, Inc.
1372 E. Valencia Drive
Fullerton, CA 92831
By
Printed Name
Its
CONTRACTOR's State License No. 746017 (Expiration Date—2/26/2016)
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
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EXHIBIT A
SCHEDULE OF PRICES
C-EXA-071012
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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.
CONFORMED C-EXA-071012
PROJECT NO.FE12-02
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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 CONFORMED
PROJECT NO.FE12-02
PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION
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 stop 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-6 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.
CONFORMED C-EXA-071012
PROJECT NO.FE12-02
PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION
Page 3 of 8
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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 CONFORMED
PROJECT NO.FE12-02
PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION
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;
CONFORMED C-EXA-071012
PROJECT NO.FE12-02
PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION
Page 5 of 8
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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 CONFORMED
PROJECT NO.FE12-02
PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION
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 Acts 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 Acts 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
CONFORMED C-EXA-071012
PROJECT NO.FE12-02
PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION
Page 7 of 8
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ATTACHMENT
SCHEDULE OF PRICES
See next pages from the Bid Submittal Forms (Fleming Environmental, Inc.):
BF-14 Schedule of Prices, Pages 1-2
C-EXA-071012 CONFORMED
PROJECT NO.FE12-02
PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION
Page 8 of 8
Bid Submitted By: Fleming Environmental Inc.
(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 state 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.
BF-14 SCHEDULE OF PRICES C-BF-031014
PROJECT NO. FE12-02
PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION
Page 1 of 2
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Bid Submitted By: Fleming Environmental Inc.
(Name of Firm)
EXHIBIT A
SCHEDULE OF PRICES
BASE BID ITEMS (Refer to Note 1 in the Instructions):
Item Description Unit of Approx Unit Price Extended Price
No. Measurement city
1. Mobilization, initial progress payment for all fees, labor, materials and 1r �y�equipment required for mobilization, staging area, and surety bonds, and Lump Sum 1 = $ I-) 1 QOG
other activities in conformance with the Contract Documents, not to exceed
4% of Total Amount Bid.
2. This Item includes all labor, materials, equipment,and services, except for 2 p
Item 1, necessary for the completion of the Contract Work for FE12-02 in Lump Sum 1 = $
conformance with the Contract Documents. ar�
TOTAL AMOUNT OF BID (BASISOFAWARD) $ SC)
1OJ� �� •QD .
BF-14 SCHEDULE OF PRICES C-BF-031014
PROJECT NO. FE12-02
PLANT 1 HAZARDOUS WASTE STORAGE RELOCATION
Page 2 of 2
BOARD OF DIRECTORS Meeting Dare I TOBA.of Dir.
- oe/n/ia
AGENDA REPORT em Number Item Numbe
4
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: WI-FI INSTALLATION P2, PROJECT NO. FE12-03
GENERAL MANAGER'S RECOMMENDATION
A. Receive and file bid tabulation and recommendation; and
B. Award a construction contract to Amtek Construction for Wi-Fi Installation P2,
Project No. FE12-03, for a total amount not to exceed $177,973; and
C. Approve a contingency of$17,797 (10%).
SUMMARY
This project will provide Wi-Fi access coverage at Plant No. 2. This will include
installation of WI-Fi antennas, the associated equipment at existing communication
panels, related wiring, and other related work.
The Orange County Sanitation District (Sanitation District) advertised for bids on
May 6, 2014. Two sealed bids were received on June 24, 2014. The bids were
evaluated in accordance with the Sanitation District's policies and procedures. Amek
Construction was deemed the lowest responsive, responsible bidder.
Staff recommends awarding a construction contract to Amtek Construction for Wi-Fi
Installation P2, Project No. FE12-03, fora total amount not to exceed $177,973.
Summary information on the bid opening for Wi-Fi Installation P2, Project No. FE12-03,
is as follows:
Project Budget $ 554,192
Construction Contract Budget $ 212,650
Engineer's Estimate $ 198,892
Lowest Responsive, Responsible Bid $ 177,973
High Bid $ 206,186
Bidder Amount of Bid
Amtek Construction $ 177,973
K&F Electric, Inc. $ 206,186
Page 1 of 2
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
N/A
CEQA
A Notice of Exemption was filed and recorded with the County of Orange on
November 27, 2013.
BUDGET/PURCHASING ORDINANCE COMPLIANCE
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted (Line item: FY2014-15, Section 8, Page 119).
Project contingency funds will not be used for this construction contract.
Date of Auoroval Contract Amount Continaencv
08/27/14 $177,973 $17,797 (10%)
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.corn with the
complete agenda package:
• Construction Agreement
MP:dm:gc
Page 2 of 2
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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..........................................................................................4
SECTION -4 PLANS AND SPECIFICATONS ........................................................5
SECTION -5 TIME OF COMMENCEMENT AND COMPLETION ..........................5
SECTION -6 TIME IS OF THE ESSENCE .............................................................5
SECTION -7 EXCUSABLE DELAYS......................................................................6
SECTION -8 EXTRA WORK...................................................................................6
SECTION -9 CHANGES IN PROJECT...................................................................7
SECTION - 10 LIQUIDATED DAMAGES FOR DELAY.............................................7
SECTION - 11 CONTRACT PRICE AND METHOD OF PAYMENT.........................7
SECTION - 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF
FUNDS ..............................................................................................9
SECTION - 13 COMPLETION.................................................................................10
SECTION - 14 CONTRACTOR'S EMPLOYEES COMPENSATION.......................10
SECTION - 15 SURETY BONDS ............................................................................12
SECTION - 16 INSURANCE....................................................................................13
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
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CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
PROJECT NO. FE12.03
WI-FI INSTALLATION, PLANT NO. 2
THIS AGREEMENT is made and entered into, to be effective, this August 27, 2014, by and
between AMTEK Construction, 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
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.
C-CA-021414
PROJECT NO. FE12-03
WI-FI INSTALLATION,PLANT NO.2
CONFORMED
Page 1 of 25
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
H. 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:
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
C-CA-021414
PROJECT NO. FE12-03
WI-FI INSTALLATION, PLANT NO.2
CONFORMED
Page 2 of 25
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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
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.
C-CA-021414
PROJECT NO. FE12-03
WI-FI INSTALLATION,PLANT NO.2
CONFORMED
Page 3 of 25
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.
SECTION-3 PROJECT
The Project is described as:
PROJECT NO. FE12-03
WI-FI INSTALLATION, PLANT NO. 2
C-CA-021414
PROJECT NO. FE12-03
WI-FI INSTALLATION, PLANT NO. 2
CONFORMED
Page 4 of 25
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SECTION-4 PLANS AND SPECIFICATONS
The Work to be done is shown in a set of Plans and Specifications entitled:
PROJECT NO. FE12-03
WI-FI INSTALLATION, PLANT NO. 2
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 270 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
completion includes 5 calendar days determined by OCSD likely to be inclement weather when
CONTRACTOR will be unable to work.
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,
C-CA-021414
PROJECT NO. FE12-03
WI-FI INSTALLATION,PLANT NO.2
CONFORMED
Page 5 of 25
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
Requirements, "By CONTRACTOR or Others— Unknown Utilities during Contract Work".
OCSD's decision will be conclusive on all parties to this Contract.
SECTION—S 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.
C-CA-021414
PROJECT NO. FE12-03
WI-FI INSTALLATION, PLANT NO.2
CONFORMED
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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.
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 One Hundred Seventy Seven Thousand Nine
Hundred Seventy Three Dollars ($177,973) 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
C-CA-021414
PROJECT NO. FE12-03
WI-FI INSTALLATION,PLANT NO.2
CONFORMED
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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,
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.
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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.
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."
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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
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
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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. ADDrentices:
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.
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
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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 Waces: 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-
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
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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.
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
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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.
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
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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: Two Million Dollars ($2,000,000) per occurrence and a general
aggregate limit of Two Million Dollars ($2,000,000)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 Two Million Dollars
($2,000,000) per occurrence and a general aggregate limit of Two Million
Dollars ($2,000,000)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.
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
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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 One Million Dollars ($1,000,000) and a general
aggregate limit of One Million Dollars ($1,000,000)for bodily injury, personal injury
and property damage;
Or alternatively, (2) One Million Dollars ($1,000,000) 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.
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4. Worker's Compensation/EmDlover'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
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.
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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
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.
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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.
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
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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
all Subcontractors' policies, Certificate of Liability and mandatory endorsements effecting
coverage. Upon request, CONTRACTOR must furnish OCSD with the above referenced
required documents.
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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,
indemnify, defend, and keep OCSD and others harmless as more specifically set forth in
General Conditions, "General Indemnification".
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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
corrected deficiency until the later of(1)the remainder of the original one-year warranty period;
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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 safety 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.
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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: AMTEK Construction
12409 Slauson Avenue, Ste "I" (Eye)
Whittier, CA 90606
Copy to: Steven Sayce
AMTEK Construction
12409 Slauson Avenue, Ste "I" (Eye)
Whittier, CA 90606
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IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: AMTEK Construction
12409 Slauson Avenue, Ste "I" (Eye)
Whittier, CA 90606
By
Printed Name
Its
CONTRACTOR's State License No. 490382 (Expiration Date—0 410 3/2 0 1 5)
OCSD: Orange County Sanitation District
By
Chair, Board of Directors
By
Maria E. Ayala
Clerk of the Board
By
Marc Dubois
Contracts, Purchasing and Materials
Management Division Manager
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EXHIBIT A
SCHEDULE OF PRICES
C-EXA-071012
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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
PROJECT NO.FE12-03
WI-FI INSTALLATION, PLANT NO.2
CONFORMED
Page 1 of 8
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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
PROJECT NO.FE12-03
WI-FI INSTALLATION, PLANT NO.2
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 stop 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-6 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
PROJECT NO.FE12-03
WI-FI INSTALLATION, PLANT NO.2
CONFORMED
Page 3 of 8
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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
PROJECT NO.FE12-03
WI-FI INSTALLATION, PLANT NO.2
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;
2. The previously-accepted Work did not in fact conform to the Contract
requirements, or;
C-EXA-071012
PROJECT NO.FE12-03
WI-FI INSTALLATION, PLANT NO.2
CONFORMED
Page 5 of 8
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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
PROJECT NO.FE12-03
WI-FI INSTALLATION, PLANT NO.2
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
PROJECT NO.FE12-03
WI-FI INSTALLATION, PLANT NO.2
CONFORMED
Page 7 of 8
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ATTACHMENT
SCHEDULE OF PRICES
See next pages for Bid Submittal Forms (AMTEK Construction):
BF-14 Schedule of Prices, Page 1 —2
C-EXA-071012
PROJECT NO.FE12-03
WI-FI INSTALLATION, PLANT NO.2
CONFORMED
Page 8 of 8
AMTEK CONSTRUCTION
Bid Submitted By:
(Hama 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, state and/or federal, and any other special taxes. patent nahts 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.
Bidders shall accurately reflect the cost to perform the Work. OCSD may reject unbalanced
Bids. Refer to Part 2—INSTRUCTIONS TO BIDDERS.
BF-14 SCHEDULE OF PRICES C-BF-031014
PROJECT NO.FE12-03
WI-FI INSTALLATION,PLANT NO.2
Page 1 of 2
Rehm to Agenda Repod
Bid Submitted By: AMTEK CONSTRUCTION
(Name of Firm)
EXHIBIT A
SCHEDULE OF PRICES
Refer to Note 1 in the Instructions:
Item No. Description Unit of City. Extended Price
Measurement
1• Mobilization:This item includes all labor, materials, and
equipment necessary for mobilization as described in
Section 01155 and shall be in conformance with the Lump Sum 1 $5,000.00
Contract Documents for the lump sum price not to
exceed......
2• WI-FI Installation: Furnish all labor, materials and
equipment necessary for the construction of PROJECT
NO. FE12.03,WI-FI INSTALLATION,PLANT NO.2. Lump Sum 1 111172,973.00
except for the Work specified for Bid Item 1, in
conformance with the Contract Documents,for the lump
sum price of...
TOTAL AMOUNT OF BID(BASIS OF AWARD) $ 177,973.00
BF-14 SCHEDULE OF PRICES C-BF-031014
PROJECT NO.FE12-03
WI-FI INSTALLATION, PLANT NO.2
Page 2 of 2
BOARD OF DIRECTORS Meeting Dare I TOBA.Of Dir.
— o8/n/ia
AGENDA REPORT Item Number Item Number
s
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2,
PROJECT NO. FE13-02
GENERAL MANAGER'S RECOMMENDATION
A. Receive and file bid tabulation and recommendation; and
B. Award a construction contract to O'Connell Engineering & Construction, Inc. for
Repairs to Bar Screen at D Headworks at P2, Project No. FE13-02, for a total
amount not to exceed $285,000; and
C. Approve a contingency of$28,500 (10%).
SUMMARY
This project will provide safety improvements that include installation of equipment
guards to protect operations and maintenance personnel during bar screen operation.
The Orange County Sanitation District (Sanitation District) advertised for bids on
May 29, 2014. Four sealed bids were received on June 30, 2014. The bids were
evaluated in accordance with the Sanitation District's policies and procedures.
O'Connell Engineering & Construction, Inc. was deemed the lowest responsive,
responsible bidder.
Staff recommends awarding a construction contract to O'Connell Engineering &
Construction, Inc. for Repairs to Bar Screen at D Headworks at P2, Project
No. FE13-02, for a total amount not to exceed $285,000.
Summary information on the bid opening for Repairs to Bar Screen at D Headworks at
P2, Project No. FE13-02, is as follows:
Project Budget $ 673,793
Construction Contract Budget $ 350,000
Engineer's Estimate $ 274,000
Lowest Responsive, Responsible Bid $ 285,000
High Bid $ 363,000
Page 1 of 2
Bidder Amount of Bid
O'Connell Engineering & Construction $ 285,000
W.M. Lyles Company $ 285,500
Interlog Hym Engineering $ 299,000
Tom Watson, Inc. $ 363,000
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
N/A
CEQA
A Notice of Exemption was filed and recorded with the County of Orange on
January 31, 2014.
BUDGET/PURCHASING ORDINANCE COMPLIANCE
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted (Line item: FY2014-15, Section 8, Page 119).
Project contingency funds will not be used for this construction contract.
Date of ADDroval Contract Amount Continaencv
08/27/14 $285,000 $28,500 (10%)
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.com) with the
complete agenda package:
• Construction Agreement
MP:dm:gc
Page 2 of 2
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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..........................................................................................4
SECTION -4 PLANS AND SPECIFICATONS ........................................................5
SECTION -5 TIME OF COMMENCEMENT AND COMPLETION ..........................5
SECTION -6 TIME IS OF THE ESSENCE .............................................................5
SECTION -7 EXCUSABLE DELAYS......................................................................6
SECTION -8 EXTRA WORK...................................................................................6
SECTION -9 CHANGES IN PROJECT...................................................................7
SECTION - 10 LIQUIDATED DAMAGES FOR DELAY.............................................7
SECTION - 11 CONTRACT PRICE AND METHOD OF PAYMENT.........................7
SECTION - 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF
FUNDS ..............................................................................................9
SECTION - 13 COMPLETION...................................................................................9
SECTION - 14 CONTRACTOR'S EMPLOYEES COMPENSATION.......................10
SECTION - 15 SURETY BONDS ............................................................................12
SECTION - 16 INSURANCE....................................................................................13
SECTION - 17 RISK AND INDEMNIFICATION.......................................................21
SECTION - 18 TERMINATION................................................................................21
SECTION - 19 WARRANTY....................................................................................21
SECTION -20 ASSIGNMENT.................................................................................22
SECTION -21 RESOLUTION OF DISPUTES ........................................................22
SECTION -22 SAFETY& HEALTH........................................................................23
SECTION -23 NOTICES.........................................................................................23
C-CA-021414
Return to Aaende Report
CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
PROJECT NO. FE13-02
REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2
THIS AGREEMENT is made and entered into, to be effective, this August 27, 2014, by and
between O'Connell Engineering & Construction, Inc., 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
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.
CONFORMED C-CA-021414
PROJECT NO. FE13-02
REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2
Page 1 of 24
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
H. 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:
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
C-CA-021414 CONFORMED
PROJECT NO. FE13-02
REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2
Page 2 of 24
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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
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.
CONFORMED C-CA-021414
PROJECT NO. FE13-02
REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2
Page 3 of 24
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.
SECTION-3 PROJECT
The Project is described as:
PROJECT NO. FE13-02
REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2
C-CA-021414 CONFORMED
PROJECT NO. FE13-02
REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2
Page 4 of 24
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SECTION-4 PLANS AND SPECIFICATONS
The Work to be done is shown in a set of Plans and Specifications entitled:
PROJECT NO. FE13-02
REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2
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 350 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
completion includes 0 (zero) calendar days determined by OCSD likely to be inclement weather
when CONTRACTOR will be unable to work.
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
CONFORMED C-CA-021414
PROJECT NO. FE13-02
REPAIRS TO BAR SCREEN AT D HEADWORKS AT P2
Page 5 of 24
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
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.
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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.
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 Eighty-Five Thousand Dollars
($285,000) 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
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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,
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:
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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.
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 et 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.
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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
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.
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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.
E. Workdav:
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 Waces: Inspection:
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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-
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
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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.
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
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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 oremises/worksite without Dossessina the required insurance coverage.
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: Two Million Dollars ($2,000,000) per occurrence and a general
aggregate limit of Two Million Dollars ($2,000,000)for bodily injury, personal injury
and property damage. Coverage shall include each of the following:
a. Premises-Operations.
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b. Products and Completed Operations, with limits of at least Two Million Dollars
($2,000,000) per occurrence and a general aggregate limit of Two Million
Dollars ($2,000,000)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.
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.
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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 One Million Dollars ($1,000,000) and a general
aggregate limit of One Million Dollars ($1,000,000)for bodily injury, personal injury
and property damage;
Or alternatively, (2) One Million Dollars ($1,000,000) 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.
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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
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
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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
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
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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.
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
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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
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
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3. Required State Compensation Insurance Fund Endorsements
a. Waiver of Subrogation Endorsement No. 2570
b. Cancellation Notice Endorsement No. 2065
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,
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
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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
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.
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SECTION — 22 SAFETY & HEALTH
CONTRACTOR shall comply with all applicable safety 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.
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: O'Connell Engineering & Construction, Inc.
36572 Deauville Road
Winchester, CA 92596
Copy to: O'Connell Engineering & Construction, Inc.
36572 Deauville Road
Winchester, CA 92596
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IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: O'Connell Engineering & Construction, Inc.
36572 Deauville Road
Winchester, CA 92596
By
Printed Name
Its
CONTRACTOR's State License No. 883686 (Expiration Date—
04/30/2015)
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 CONFORMED
PROJECT NO. FE13-02
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EXHIBIT A
SCHEDULE OF PRICES
C-EXA-071012
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
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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.
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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.
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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-6 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.
CONFORMED C-EXA-071012
PROJECT NO.FE13-02
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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 CONFORMED
PROJECT NO.FE13-02
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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;
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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.
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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 Ad 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
CONFORMED C-EXA-071012
PROJECT NO.FE13-02
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ATTACHMENT
SCHEDULE OF PRICES
See next pages from the Bid Submittal Forms (O'Connell Engineering & Construction,
Inc.)
BF-14 Schedule of Prices, Pages 1-2
C-EXA-071012 CONFORMED
PROJECT NO.FE13-02
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Bid Submitted By: O'Connell Engineering&ConsWction, Inc
(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 OCSO 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 moderations 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, state 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.
BF-14 SCHEDULE OF PRICES C-BF-031014
PROJECT NO.FE13-02
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Page 1 of 2
Bid Submitted By: O'Connell Engineering& Construction, Inc
(Name of Firm)
EXHIBIT A
SCHEDULE OF PRICES
BASE BID ITEMS (Refer to Note 1 in the Instructions):
No Description Unit of AP�y% Total Price
1. Mobilization, initial progress payment for all fees, labor, materials and equipment required
for mobilization, staging area, and surety bonds, and other activities in conformance with the Lump Sum 1 $10,000.00
Contract Documents,for a lump sum price of...
2. Furnish all labor, materials and equipment necessary for the completion of the Contrail
Work, except for the Work specified for Bid Item 1, in conformance with the Contract Lump Sum 1 $a7!5 a 1.00
Documents,for the lump sum price of...
TOTAL AMOUNT OF BID (BASISOFAWARD) $ 050.'b �G
BF-14 SCHEDULE OF PRICES C-BF-031014
PROJECT NO. FE13-02
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BOARD OF DIRECTORS Neebng Dare I TOBA.Of Dir.
- oe/n/ia
AGENDA REPORT Item Number Item Numbe
6
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Jeff Reed, Director of Human Resources
SUBJECT: 2014-15 BENEFITS PROGRAM RENEWAL-ADDITIONAL ITEM
GENERAL MANAGER'S RECOMMENDATION
Approve the FY 2014-15 "not-to-exceed" quote for the following insurance:
EMT & Manager Disability - Not to Exceed $29,461
SUMMARY
The Orange County Sanitation District (OCSD) provides healthcare and welfare
insurance benefits as a provision contained in its Memoranda of Understanding (MOUs)
and personnel policies.
Additional EMT and Manager Disability insurance is provided by OCSD to Executive
Management Team members and Managers per Board-approved policy.
PRIOR COMMITTEE/BOARD ACTIONS
July 2014 - The Board approved the FY 2014-15 not to exceed amounts for healthcare
and welfare insurance benefits for a total of $11,103,619. However, the EMT and
Manager Disability insurance is an additional item that also requires Board approval to
comply with OCSD procurement processes.
May 2014 - The Administration Committee received an informational benefits program
renewal cost update for FY 2014-15.
June 2014-The Board unanimously adopted the proposed budget for FY 2014-15.
ADDITIONAL INFORMATION
EMT & Manager Disability
Additional term life insurance and long-term disability insurance plan provides increased
income protection for executives and managers. Under the plan, eligible employees
who are disabled for more than 90 days are eligible to receive a benefit up to 67% of
their basic monthly pay in coordination with the regular LTD benefit. The term life
insurance amount is $100,000 for executives and managers. Coverage is offered
through The Standard.
Page 1 Of 2
CEQA
N/A
BUDGET/PURCHASING ORDINANCE COMPLIANCE
The funds for the renewal of these insurances are derived from the OCSD Operating
Budget and have been included in the FY 2014-15 budget.
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BOARD OF DIRECTORS Neebng Dare I TOBA.Of Dir.
- oe/n/ia
AGENDA REPORT Item Number Item Numbe
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Jeff Reed, Director of Human Resources
SUBJECT: CONTRACT FOR LABOR RELATIONS CONSULTANT- OCEA &
LOCAL 501 LABOR CONTRACT NEGOTIATIONS
GENERAL MANAGER'S RECOMMENDATION
A. Authorize the General Manager to enter into a consulting services agreement
with Steve Filarsky, an individual and member of Filarsky & Watt LLP, for labor
relations consulting services for a term of twelve (12) months, at an hourly rate of
$290 per hour, for a total amount not to exceed $55,000, in a form approved by
General Counsel; and,
B. Approve a contingency of $22,000 (40%).
SUMMARY
The labor agreements (Memoranda of Understanding) between OCSD and the
employees in the Orange County Employees Association (OCEA) and International
Union of Operating Engineers - Local 501 (Local 501) bargaining units expired on June
30, 2014.
In preparation for negotiations with OCEA and Local 501, the Board of Directors
directed staff to utilize labor relations consulting services to serve as the District's chief
negotiator. Based on a selection process and subsequent recommendation of an ad hoc
subcommittee of the Administration Committee, the Board selected Steve Filarsky of
Filarsky & Watt LLP to serve as the chief negotiator for both the OCEA and Local 501
negotiations. The ad hoc subcommittee and Board expressed an interest in completing
labor negotiations over successor Memoranda of Understanding (MOUs) as
expeditiously as possible, and thus specified a period of six (6) months for OCSD's
contract with Mr. Filarsky. The contract specified a total amount not to exceed $29,000
and the possibility of a one-time extension of three (3) months.
Labor contract negotiations with OCEA and Local 501 began in March 2014 and June
2014, respectively. Negotiations with each group have been delayed by a number of
factors, including a decertification petition filed by members of Local 501, business
agent changes, information requests, and deferred opening proposals from both groups.
Additionally, since labor negotiations are underway with all three recognized employee
organizations, there may be hesitancy to be the first to settle on a successor agreement
due to concern over another group getting a better contract. As a result of these factors,
the six (6) month period with a three (3) month extension, for a total of no more than
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nine (9) months, specified in Mr. Filarsky's original contract is not sufficient to cover the
full contract negotiation process for OCEA or Local 501.
If approved by the Board, OCSD will enter into an agreement with Mr. Filarsky for a
twelve (12) month term, at a rate of $290 per hour, with work hours scheduled by staff
as needed based on the negotiation schedule.
PRIOR COMMITTEE/BOARD ACTIONS
In preparation for upcoming negotiations, the Steering Committee authorized staff to
provide the Administration Committee with labor consulting services firms for
consideration in November 2013.
In December 2013, the Administration Committee voted to establish an ad hoc
subcommittee for the purpose of selecting a labor relations consulting service firm from
the list of firms provided by staff.
In January 2014, the ad hoc committee met and interviewed representatives from four
local labor relations consulting law firms. Ultimately, the ad hoc subcommittee
determined Steve Filarsky of Filarsky & Watt to be the best suited to OCSD's needs,
based on Mr. Filarsky's style and experience.
In January 2014, the Board authorized the General Manager to enter into an agreement
with Mr. Filarsky.
ADDITIONAL INFORMATION
N/A
CEQA
N/A
BUDGET/PURCHASING ORDINANCE COMPLIANCE
N/A
ATTACHMENTS
The following attachment(s) are provided in hard copy and may also be viewed on-line at the OCSD
website(www.ocsd.com) with the complete agenda package and attachments:
• Consulting Services Agreement
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CONSULTING SERVICES AGREEMENT
THIS CONSULTING SERVICES AGREEMENT ("Agreement") is made and entered
into by and between the ORANGE COUNTY SANITATION DISTRICT (hereinafter, "OCSD"
or "Sanitation District"), a public agency, and Steve Filarsky, an individual and member of
Filarsky & Watt, LLP, a private entity, (hereinafter referred to as "Consultant"), to be effective
this 27th day of August 2014. OCSD and Consultant are hereinafter collectively referred to as
the"Parties."
RECITALS
A. The Sanitation District,by and through its Board of Directors, desires to retain the
consulting services of Steve Filarsky to provide advisory and support services concerning
Sanitation District business,including,but not limited to, labor negotiations, and other matters as
may be required by the Board of Directors; and
B. Based on Consultant's experience, knowledge, and skills, Consultant is uniquely
qualified to perform these specialized services; and
C. Consultant desires to provide the necessary consulting services to the Sanitation
District and the Board of Directors pending completion of labor negotiations, and other matters
as may be required by the Board of Directors; and
D. The Sanitation District has adopted procedures in accordance with Purchasing
Ordinance OCSD-44, for the selection of specialized services and has proceeded in accordance
with said procedures; and
NOW, THEREFORE, in consideration of the promises and mutual benefits, which will
result to the Parties in carrying out the terms of this Agreement, it is mutually agreed as follows:
1.0 Retention
1.1 The Sanitation District hereby retains the services of Consultant to provide
advisory and support services concerning Sanitation District business, including, but not limited
to, labor negotiations, and other matters as may be required by the Board of Directors, effective
August 27, 2014, and Consultant hereby agrees to provide such consulting services for the
Sanitation District as the Board of Directors deems appropriate.
1.2 All services performed by Consultant, including but not limited to all drafts, data,
correspondence, proposals, and reports, compiled or composed by the Consultant, pursuant to
this Agreement, are for the sole use of the Sanitation District, its agents and employees. Neither
the documents nor their contents shall be released to any third party without the prior written
consent of the Sanitation District This provision does not apply to information that (a) was
publicly known, or otherwise known to the Consultant, at the time that it was disclosed to the
Consultant by the Sanitation District, (b) subsequently becomes publicly known to the
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Consultant other than through disclosure by the Sanitation District. Neither the documents nor
their contents shall be released to any third party without the prior written consent of the
Sanitation District.
2.0 Term of Agreement
The term of this Agreement shall commence on August 27, 2014, and shall continue in
full force and effect until August 27, 2015 unless sooner terminated with or without cause or
notice by the Sanitation District or by Consultant, with no less than 30 calendar days' advanced
written notice,provided in accordance with paragraph 13.2 herein.
3.0 Compensation
3.1 Consultant will receive compensation at the rate of two hundred ninety dollars
($290.00) per hour for hours worked pursuant to this Agreement, payable in accordance with
OCSD's established protocols and procedures used for all other consultants and contractors.
Consultant shall not be entitled to any additional compensation or any severance pay upon
termination of this Agreement. Consultant shall notify OCSD in the event compensation
received under this Agreement reaches or exceeds $55,000. In no event shall Consultant's total
compensation exceed$77,000.00.
3.2 Consultant's compensation set forth in Section 3.1 is limited to hours billed and
approved by OCSD's General Manager, or his designee, for OCSD related business, regardless
of when performed, including travel to and from Consultant's office for business related
meetings. Consultant may not invoice OCSD work of a personal nature, even if performed while
at OCSD and during regular business hours of OCSD.
3.3 Consultant shall not be entitled to receive any benefits of employment provided to
OCSD's regular full-time or management employees, including, but not limited to, group health
or medical benefits, life insurance,retirement, vacation and other leave accruals.
4.0 Hours of Work
4.1 Consultant's hours of work shall be established by OCSD's General Manager, or
his designee, based on the nature and amount of work to be performed as determined by the
Board of Directors.
4.2 Consultant shall provide monthly billing invoices for approval which describe the
nature of the services rendered and the explanation of the time billed pursuant to this Agreement.
Such updates must be submitted to OCSD's General Manager, or his designee, who shall review
progress and approve the invoices. Once submitted, evidence of the scheduled updates and
associated documentation will be sent to OCSD's Accounting Department for review and
payment in accordance with the OCSD's established accounting practices for all other
consultants and contractors.
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5.0 General Expenses
Consultant is not entitled to receive reimbursement for general expenses incurred in the
performance of his duties pursuant to this Agreement Notwithstanding the foregoing, if
Consultant incurs an extraordinary expense related to the performance of his obligations pursuant
to this Agreement and wishes to seek reimbursement from the Sanitation District for such
expense incurred, he must do so by submitting a request for reimbursement to the Board of
Directors for approval. Any such request must be accompanied by a brief description of the
expense and copies of receipts substantiating the expense.
6.0: Insurance
6.1 Consultant shall procure and maintain, at his sole cost and expense, and submit
concurrently with his execution of this Agreement, in a form and content satisfactory to OCSD,
automobile liability insurance with limits of at least fifty thousand ($50,000) dollars per
occurrence.
6.2 Insurance required herein shall be issued by a licensed company authorized to
transact business in the state by the Department of Insurance for the State of California with a
current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if
offered by a non-admitted insurer listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI), by the latest edition of A.M. Best's Key Rating Guide.
6.3 Consultant shall furnish OCSD with both original certificates of insurance and
endorsements affecting the coverage required by this Agreement. The certificates and
endorsements are to be signed by a person authorized by that insurer to bind coverage on its
behalf. All proof of insurance is to be received and approved by OCSD before work
commences. OCSD reserves the right to require Consultant's insurer to provide complete,
certified copies of the required insurance policies at any time.
7.0: Other Terms and Conditions
The Board of Directors, in consultation with the Consultant, shall fix any such other
terms and conditions of services to be provided under this Agreement, as it may determine from
time to time, provided such terms and conditions are not inconsistent with or in conflict with the
provisions of this Agreement, OCSD's resolutions and policies,or any other applicable law.
8.0: Independent Contractor
OCSD regards the Consultant's services set forth herein as unique and specialized. It is
agreed that Consultant shall act and be an independent contractor and not an employee of OCSD.
Consultant shall be issued a Forrn 1099 consistent with his independent contractor status, and
OCSD will not be responsible for any tax withholdings.
Page 3 of 5
1023275.1
Return to Mende Report
9.0: Non-Liability of Board of Directors
No member of the Board of Directors shall be personally liable to Consultant in the event
of any default or breach by the Board, and or by OCSD, or for any amount, which may become
due to Consultant. Consultant's compensation for the services rendered pursuant to this
Agreement shall be solely an obligation of OCSD to the extent permitted by law.
10.0: Compliance with Law
Consultant shall comply with all applicable laws, ordinances, codes, and regulations of
federal, state, and local government in the performance of the duties and obligations that are the
subject of this Agreement.
11.0 Governing Law and Venue
This Agreement has been negotiated and executed in the State of California and shall be
governed by and construed under the laws of the State of California. Any legal action arising
under or related to this Agreement shall be brought and prosecuted in the Orange County
Superior Court.
12.0 General Provisions
12.1 This Agreement constitutes the entire agreement between the Parties and
supersedes all prior negotiations, arrangements, agreements,representations, and understandings,
if any, made by or among the Parties with respect to the subject matter hereof. No amendments
or other modifications of this Agreement shall be binding unless executed in writing by both
Parties hereto,or their respective successors, assigns,or grantees. To the extent that other oral or
written agreements exist or OCSD policies may apply to the relationship between OCSD and
Consultant, this Agreement supersedes all others.
12.2 Any notices required by this Agreement shall be either given in person or mailed
by first class mail with the postage prepaid and addressed as follows.
IF TO OCSD: Orange County Sanitation District
Attn: Clerk of the Board
10844 Ellis Avenue
Fountain Valley, CA 92708
IF TO CONSULTANT: Steve Filarsky
Filarsky&Watt, LLP
1441 Nineteenth Street
Manhattan Beach, CA 90266]
12.3 If any provision, or any portion thereof, contained in this Agreement is held to be
invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed
severed, shall not be affected and shall remain in full force and effect.
Page 4 of 5
1023275.1
Return to Aaende Report
12.4 Any modification of this Agreement shall be effective only if it is in writing and
signed by the parties.
IN WITNESS WHEREOF, this Agreement has been executed in the name of the
SANITATION DISTRICT, by its officer's thereunto duly authorized, and CONSULTANT
effective as of the day and year first above written.
ORANGE COUNTY SANITATION DISTRICT
By
James Herberg Date
General Manager
By
Kelly A. Lore Date
Acting Clerk of the Board
CONSULTANT
By
Steve Filarsky Date
Page 5 of 5
1023275.1
BOARD OF DIRECTORS Neebng Dare I TOBA.Of Dir.
— o8/n/ia
AGENDA REPORT em Number Item Numbe
B
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations and Maintenance
SUBJECT: RATIFICATION OF REPLACEMENT MIXING PUMP FOR DIGESTER P
AT PLANT NO. 2
GENERAL MANAGER'S RECOMMENDATION
Ratify use of General Manager's emergency purchasing authority, Ordinance OCSD-44,
Article 2, Section 2.03E (Critical Time-Sensitive Procurement) and Article 1, Section
1.07B (Emergency Procurement), authorizing the General Manager to issue Purchase
Order No. 97782-OS to Rockwell Engineering & Equipment Co for the emergency
purchase and installation of one mixing pump and motor at Plant No. 2 Digester P
Pump Room for a total amount not to exceed $109,016 delivered and including tax; and
approve a contingency of$5,450 (5%).
SUMMARY
Digester P at Plant No. 2 is experiencing severe pump and heat exchanger plugging
issues and has been taken out of active service intermittently over the last few months.
The replacement of the existing (non-chopping) hi-rate mix pump with a chopper pump
will allow for a thorough mixing and chopping up the contents of the digester and will
prevent plugging.
Preventing Digester P from going out of service would alleviate the risk of
non-compliance with the digester sludge detention time requirements at Plant No. 2 as
there are four other digesters at Plant No. 2 that are out of service for repair and/or
rehabilitation.
The replacement of Digester P's hi-rate mix pump with a chopper pump is deemed the
best option in order to prevent plugging issues.
Rockwell Engineering is the sole representative of Vaughan Chopper Pumps in
California and staff recommends a sole source for this pump for the following reasons:
1. Given the short time frame for evaluation, Vaughan was the only responsive
vendor and manufacturer of chopper pumps for hi-rate mixing applications.
2. Vaughan chopper pumps have been installed and effectively working in several
different applications at OCSD. There are eight other digesters at Plant No. 2
equipped with Vaughan chopper pumps for hi-rate mixing.
Page 1 of 2
3. The recommended Vaughan chopper pump fits in the existing layout and pipe
configuration. A similar pump was installed in Digester Q and is working well.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
N/A
CEQA
This activity is not a project as defined per CEQA. No further action required.
BUDGET/PURCHASING ORDINANCE COMPLIANCE
This request complies with authority levels of OCSD Purchasing Ordinance 44 Article 2,
Section 2.03E Critical Time Sensitive Procurement. Funds for this item have been
budgeted for FY 2014-15 and 2015-16 (section 8 page 120 M-FR-PI-T).
Date of Approval Contract Amount Contingency
FY2014-15 Budget, $109,016 $5,450 (5%)
Ordinance OCSD-44,Article 2,
Section 2.03E
ET:UM:d
Page 2 of 2
BOARD OF DIRECTORS Neebng Date TOBd.Of Dir.
-- O8/27/14
AGENDA REPORT Item Item
g
Orange County Sanitation District
FROM: James D Herberg, General Manager
Originator: Ed Torres, Director of Operations and Maintenance
SUBJECT: EMERGENCY REPAIR SERVICES FOR PLANT 1 HEADWORKS
SPUTTER BOX
GENERAL MANAGER'S RECOMMENDATION
Ratify use of General Manager's emergency purchasing authority, Ordinance OCSD44,
Article 2, Section 2.03E (Critical Time-Sensitive Procurement) and Article 1, Section
1.07B (Emergency Procurement), authorizing the General Manager to issue the
purchase orders below for Emergency Repair Services for Plant No. 1 Headworks
Splitter Box:
A. Purchase Order No. 105219-OB to Jamison Engineering Contractors for
providing construction services, for a total amount not to exceed $120,000
B. Purchase Order No. 105220-OB to Carollo Engineers for providing engineering
services, for a total amount not to exceed $50,000
C. Purchase Order No. 105222-OB to Performance Pipeline for providing sewer
cleaning services, for a total amount not to exceed $40,000
SUMMARY
• Plant 1 Headworks is a critical facility that conveys wastewater from the
collection system into the treatment plant. On August 6, 2014, a small leak was
reported weeping up through the asphalt surface near this structure. Repairs to
the structure's effluent channels were conducted approximately four years ago
due to settling and is assumed to have failed. This leak creates risk to OCSD
regarding possible soil and ground water contamination, ability to treat
wastewater, and loss of flow to Groundwater Replenishment System (GWRS.)
• The General Manager notified the Board Chair of needed emergency repairs in
accordance with the District's Purchasing Ordinance OCSD44. Management
inspected all three channels via confined space entry starting August 15, 2014.
Once the channel inspection is complete, the repair schedule will be determined.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
Page 1 of 2
ADDITIONAL INFORMATION
In 2010, the Headworks three effluent channels were repaired due to discovered leaks
caused by settling at a concrete joint. Repairs were made using steel plates and
neoprene gaskets to eliminate the leaks. It is believed that leaks have developed in the
repairs. If the repair services for Plant 1 Headworks splitter box are not immediately
implemented, the leak could worsen, resulting in the inability to convey wastewater from
the collection system into the treatment facility and potentially result in a significant
sewage spill with negative impacts to public health and environment. Potential risks
associated with this leak include untreated wastewater leaking into surrounding soils,
inability to treat high flows during wet weather, occasional release of hydrogen sulfide
gas, and reduced effluent flow into GWRS.
The potential risks associated with the Headworks splitter box constitutes an emergency
within the meaning of Public Contract Code Sections 20783, 22050 and 1102, and the
Purchasing Ordinance OCSD-44, Article 2, Section 2.03E and Article 1, Section 1.07B.
Given the risks listed above, there is not sufficient time available to allow for a typical
procurement process. In order to expedite these repairs, Staff is requesting emergency
authorization for agreements with three separate contracting parties using the
Sanitation District's emergency procurement authority.
CEOA
This project is statutorily exempt from CEQA, it is an emergency project per Section
15269 (b). The Notice of Exemption was filed on August 20, 2014.
BUDGET/PURCHASING ORDINANCE COMPLIANCE
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance OCSD-44.
Date of ADDroval Contract Amount Contingency
08/14/14 $120,000 PO No. 10519-OB 0%
08/14/14 $ 50,000 PO No. 10520-OB 0%
08/14/14 $ 40,000 PO No. 10522-OB 0%
Page 2 of 2
ITEM NO. 10
MINUTES
STEERING COMMITTEE MEETING
Orange County Sanitation District
The Steering Committee meeting convened on Wednesday, July 23, 2014, at
5:30 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
Tom Beamish, Chair Bob Ghirelli, Assistant General
John Nielsen, Vice-Chair Manager
Brad Reese, Administration Committee Nick Arhontes, Director of Facilities
Chair Support Services
John Withers, Member-At-Large Jeff Reed, Director of Human
Scott Nelson, Member-At-Large Resources
Rob Thompson, Director of
Engineering
COMMITTEE MEMBERS ABSENT: Ed Torres, Director of Operations &
Maintenance
Brett Murdock, Operations Committee Lorenzo Tyner, Director of Finance &
Chair Administrative Services
Keith Curry, Member-At-Large Kelly Lore, Acting Clerk of the Board
Jennifer Cabral
Jim Colston
Norbert Gaia
Al Garcia
Stephanie Good
Mark Kawamoto
Laurie Klinger
Andrew Nau
OTHERS PRESENT:
Brad Hogin, General Counsel
Jim Ruth, Consultant
Steve Filarsky, Consultant
PUBLIC COMMENTS:
None.
Minutes of the Steering Committee
July 23, 2014
Page 2 of 4
REPORTS:
Chair Beamish announced that he appointed Scott Nelson to the Steering
Committee today. He also stated that SB 946 had been signed by the Governor
and will become effective on January 1, 2015.
General Manager Jim Herberg reported on the following: Upcoming dates
available for Director Nerissa Tours; Community and construction outreach efforts;
and the recently assigned AAA rating by Standard & Poor's and Fitch.
Director of Finance, Lorenzo Tyner distributed and explained an informational
update on the Fund Manager Selection Process.
Acting Clerk Kelly Lore distributed corrections to the attachments for Agenda Items
2A and 2B and stated there was no change to the recommendation.
CONSENT CALENDAR:
1. MOVED, SECONDED, AND DULY CARRIED: Approve Minutes of the
June 25, 2014 Steering Committee Meeting and the July 9, 2014 Special
Steering Committee Meeting.
AYES: Beamish, Reese, Nelson, Nielsen and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Curry and Murdock
2. MOVED, SECONDED, AND DULY CARRIED to:
A. Extend a Professional Services Agreement with Townsend Public
Affairs for State Legislative Services for the period of July 1, 2014
through December 31, 2014 at a monthly rate of $7,500 per month
for an amount not to exceed amount of$45,000; and
B. Extend a Professional Services Agreement with ENS Resources for
Federal Legislative Services for the period of July 1, 2014 through
December 31, 2014 at a monthly rate of $5,500 per month for an
annual not to exceed amount of$33,000.
AYES: Beamish, Reese, Nelson, Nielsen and Withers
NOES: None
Minutes of the Steering Committee
July 23, 2014
Page 3 of 4
ABSTENTIONS: None
ABSENT: Curry and Murdock
INFORMATION ITEMS:
3. 2014 Post-SAWPA Remedial Plan Update
Environmental Compliance-Regulatory Affairs Manager, Jim Colston
provided a brief update and distributed an informational hand out in regards
to the 2014 Post-SAWPA Remedial Plan Update.
CLOSED SESSION
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTIONS: 54957.6
The Committee convened in closed session at 5:48 p.m. to discuss one item.
Confidential minutes of the Closed Session have been prepared in accordance
with the above Government Code Sections and are maintained by the Clerk of the
Board in the Official Book of Confidential Minutes of Board and Committee Closed
Meetings.
RECONVENED IN REGULAR SESSION: The Committee reconvened in regular
session at 6:15 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
None.
Minutes of the Steering Committee
July 23, 2014
Page 4 of 4
ADJOURNMENT:
The Chair declared the meeting adjourned at 6:16 p.m.
Submitted by:
Kelly A. Lore
Acting 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.