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Home My WebLink About04-28-2010 Agenda Package AGENDA BOARD OF DIRECTORS ORANGE COUNTY SANITATION DISTRICT ADMINISTRATIVE OFFICE REGULAR MEETING April 28, 2010 — 6:30 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE - (Sal Tinajero — Santa Ana) ROLL CALL PUBLIC COMMENTS REPORTS: The Chair, General Manager and General Counsel 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. 1. Ratifying payment of claims of the District, by roll call vote, as follows: ALL DISTRICTS 03/15/10 03/31/10 Totals $13,178,612.53 $23,945,395.05 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 to a contract involving 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. CONSENT CALENDAR Consideration of motion to approve all agenda items appearing on the Consent Calendar not specifically removed from same, as follows: 2. Approve the minutes for the regular meeting held on March 24, 2010. 04/28/10 Page 2 3. Approve Agreement with the City of Fountain Valley for Permitting Improvements of the Orange County Sanitation District within the City of Fountain Valley, in a form approved by General Counsel. STEERING COMMITTEE 4. Order Steering Committee Minutes for the regular meeting held on March 24, 2010 to be filed. 5. Approve the Irvine Ranch Water District (IRWD) (As Successor to County Sanitation District No. 14) Solids Agreement transferring IRWD solids to the OCSD Wastewater System and reimbursing OCSD for its costs, in a form approved by General Counsel. OPERATIONS COMMITTEE 6. Approve the minutes of the April 7, 2010 Operations Committee meeting. 7. a) Approve Change Order No. 1 to Purchase Order No. 103530-OB issued to Jamison Engineering Contractors, Inc. for On-Call Contractor Support Services, Specification No. CS-2009-403BD, for the period July 1, 2009 through June 30, 2010, authorizing an additional amount of $97,957.33, increasing the total annual amount not to exceed $350,000; b) Approve Change Order No. 2 to Purchase Order No. 103530-OB issued to Jamison Engineering Contractors, Inc. for On-Call Contractor Support Services, Specification No. CS-2009-40313D, for the period July 1, 2010 through June 30, 2011, authorizing an additional amount of $247,957.33, increasing the total annual amount not to exceed $500,000.00; and, c) Approve a contingency for the period July 1, 2010 through June 30, 2011, of $50,000 (10%). 8. a) Approve plans and specifications for the P1 Outfall Pipeline Disconnects at Scrubber Overflow, Project No. FE03-42, on file at the office of the Clerk of the Board; b) Receive and file bid tabulation and recommendation; c) Reject low bid from Mike Prlich and Sons, Inc. as "Non Responsive" due to its failure to provide the information required under Public Contract Code §4100 et seq. in its Bid; d) Award a Construction Contract to Engineering/Remediation Resources Group, Inc. for P1 Outfall Pipeline Disconnects at Scrubber Overflow, Project No. FE03-42, for a total amount not to exceed $93,730; and, e) Approve a contingency of $23,430 (25%). 04/28/10 Page 3 9. Approve a contingency increase of $76,050 (23%) to the Professional Design Services Agreement with MVA Architects, Inc. for North County Collections Yard, Contract No. 15-04, providing for design services for a total contingency of $125,648 (38%). 10. a) Approve Amendment No. 3 to the Professional Services Agreement with Tetra Tech, Inc., providing for additional engineering services for Gisler-Redhill Trunk Improvements, Reach B, Contract No. 7-37, for an additional amount of $350,000, increasing the total amount not to exceed $905,779; and, b) Approve a contingency of $45,289 (5%). 11. Approve a contingency increase of $84,000 (6%) to the construction contract with Colich and Sons, Inc., for Bayside Drive Improvement, Contract No. 5-61, for a total contingency of$168,000 (12%). ADMINISTRATION COMMITTEE 12. Approve minutes of the April 14, 2010, meeting of the Administration Committee. 13. Adopt Resolution No. OCSD 10-05, a Resolution of the Board of Directors of the Orange County Sanitation District authorizing the execution and delivery by the District of an Installment Purchase Agreement, Trust Agreement, and Continuing Disclosure Agreement in connection with the execution and delivery of Orange County Sanitation District Certificates of Participation to be referred to as Wastewater Revenue Obligations — Series 2010A, authorizing the execution and delivery of such Revenue Obligations in an aggregate amount of not to exceed $80,000,000, approving a Notice of Intention to Sell, authorizing the distribution of an Official Notice Inviting Bids and an Official Statement in connection with the offering and sale of such Revenue Obligations, and authorizing the execution and delivery of necessary documents and related actions. GWRS SYSTEM STEERING COMMITTEE 14. Verbal report of the Joint Groundwater Replenishment System Steering Committee meeting held on April 12, 2010. NON-CONSENT CALENDAR 15. Approve Amended Joint Exercise of Powers Agreement for the Development, Operation, and Maintenance of the Groundwater Replenishment System and Green Acres Project. 04/28/10 Page 4 16. Ordinance No. OCSD-40, An Ordinance of the Board of Directors of the Orange County Sanitation District Establishing Capital Facilities Capacity Charges; Adopting Miscellaneous Charges and Fees Relating to Industrial Charges, Source Control Permittees and Wastehaulers; and Repealing Ordinance No. OCSD-36: a. Motion to read Ordinance No. OCSD-40 by title only and waive reading of said entire ordinance. b. Motion to introduce Ordinance No. OCSD-40 and pass to second reading and public hearing on May 26, 2010. Recess by Board of Directors, Orange County Sanitation District. ORANGE COUNTY SANITATION DISTRICT FINANCING CORPORATION 17. Call to order, Board of Directors, Orange County Sanitation District Financing Corporation: a. Roll Call b. If no corrections or amendments are made, the minutes for the meeting held on October 28, 2009, will be deemed approved and be so ordered by the Chair. c. Report of the Director of Finance d. Adopt Resolution No. FC-11, Authorizing the Execution and Delivery by the Corporation of an Installment Purchase Agreement, Trust Agreement, and Continuing Disclosure Agreement in Connection with the Execution and Delivery of Orange County Sanitation District Refunding Certificates of Participation to be referred to as Wastewater Revenue Obligations — Series 2010A, authorizing the Execution and Delivery of Such Revenue Obligations in an Aggregate Amount of Not to Exceed $80,000,000, approving a Notice of Intention to Sell, authorizing the distribution of an Official Notice Inviting Bids, and an Official Statement in connection with the offering and sale of such Revenue Obligations, and authorizing the execution and delivery of necessary documents and related actions. (See Agenda Item No. 13 for report.) Adjourn, Board of Directors, Orange County Sanitation District Financing Corporation. * * * * * * * * * * * * * * * * * * * * * 04/28/10 Page 5 Reconvene, Board of Directors, Orange County Sanitation District CLOSED SESSION 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, if necessary Reconvene in regular session Consideration of action, if any, on matters considered in closed session OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY ADJOURNMENT - The next Board of Directors regular meeting is scheduled for May 26, 2010, at 6:30 p.m. 04/28/10 Page 6 Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2,this agenda has been posted in the main lobby of the District's Administrative offices 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 all, of the members of District's Board, are available for public inspection in the office of the Clerk of the Board, located at 10844 Ellis Avenue, Fountain Valley, California. Items Not Posted: In the event any matter not listed on this agenda is proposed to be submitted to the Board for discussion and/or action, it will be done in compliance with Section 54954.2(b)as an emergency item or because there is a need to take immediate action, which need came to the attention of the Board subsequent to the posting of agenda, or as set forth on a supplemental agenda posted in the manner as above, not less than 72 hours prior to the meeting date. Public Comments: Any member of the public may address the Board of Directors on specific agenda items or matters of general interest. As determined by the Chair,speakers may be deferred until the specific item is taken for discussion and remarks may be limited to three minutes. Matters of interest addressed by a member of the public and not listed on this agenda cannot have action taken by the Board of Directors except as authorized by Section 54954.2(b). 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. Consent Calendar:All matters placed on the Consent Calendar are considered as not requiring discussion or further explanation and unless any particular item is requested to be removed from the Consent Calendar by a Director, staff member or member of the public in attendance,there will be no separate discussion of these items. All items on the Consent Calendar will be enacted by one action approving all motions, and casting a unanimous ballot for resolutions included on the consent calendar. All items removed from the Consent Calendar shall be considered in the regular order of business. Members of the public who wish to remove an item from the Consent Calendar shall, upon recognition by the Chair, state their name, address and designate by number the item to be removed from the Consent Calendar. The Chair will determine if any items are to be deleted from the Consent Calendar. Items Continued: Items may be continued from this meeting without further notice to a Committee or Board meeting held within five (5)days of this meeting per Government Code Section 54954.2(b)(3). Meeting Adjournment: This meeting may be adjourned to a later time and items of business from this agenda may be considered at the later meeting by Order of Adjournment and Notice in accordance with Government Code Section 54955(posted within 24 hours). Accommodations for the Disabled: The Board of Directors Meeting Room is wheelchair accessible. If you require any special disability related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at(714)593-7130 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. NOTICE TO DIRECTORS: To place items on the agenda for the Regular Meeting of the Board of Directors, items shall be submitted to the Clerk of the Board no later than the close of business 14 days preceding the Board meeting. The Clerk of the Board shall include on the agenda all items submitted by Directors, the General Manager and General Counsel and all formal communications. € General Manager James D. Ruth (714)593-7110 iruth(a)ocsd.com € Assistant General Manager Bob Ghirelli (714)593-7400 rghirelli(a)ocsd.com Clerk of the Board Penny Kyle (714)593-7130 pkvle(cDocsd.com Director of Engineering Jim Herberg (714)593-7300 iherberg(a)ocsd.com Director of Fin. &Admin Services Lorenzo Tyner (714)593-7550 Ityner(a)ocsd.com Director of Operations& Nick Arhontes (714)593-7210 narhontes(a)ocsd.com Maintenance € Director of Technical Services Ed Torres (714)593-7080 etorres a()ocsd.com General Counsel Brad Hogin (714)415-1006 bhogin(a)wss-law.com H:\dept\agenda\Board Agendas\2010 Board Agendas\20100324 agenda.docx BOARD OF DIRECTORS Meeting Date To Bd. of Dir. 04/28/10 AGENDA REPORT Item Number Item Number 1 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Lorenzo Tyner, Director of Finance and Administrative Services SUBJECT: PAYMENT OF CLAIMS OF THE ORANGE COUNTY SANITATION DISTRICT GENERAL MANAGER'S RECOMMENDATION Ratify Payment of Claims of the District by Roll Call Vote. CONFLICT OF INTEREST NOTIFICATION Pursuant to Government Code Section 84308, you are required to disclose any campaign contribution greater than $250 received in the past twelve months from any party to a contract involving the Orange County Sanitation District. Further, you may not participate in the decision making process to award a contract to such party. For reference, you are directed to the Register of Warrants as to all current contractors/vendors with the District. In general, you must disclose the basis of the conflict by identifying the name of the firm or individual who was the contributor. For the specifics of Government Code Section 84308, please see your Director's Handbook or call the office of General Counsel. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION See attached listing. ATTACHMENTS 1. Copies of Claims Paid reports from 03/01/10 - 03/15/10 and 03/16/10 - 03/31/10 Form No.DW-102-4 Agenda Report—Board Revised: 12/06/06 Pagel Claims Paid From 03/01/10 to 03/15/10 Vendor Warrant No. Amount Description Accounts Payable Warrants A W Chesterton 28907 $ 785.72 Repair&Maintenance Services and/or Supplies ABB Instrumentation Repairs 28735 465.00 Repair&Maintenance Services and/or Supplies Able Scale Repair 28736 870.00 Repair&Maintenance Services and/or Supplies Able Scale Repair 28908 1,631.25 Repair&Maintenance Services and/or Supplies Absolute Standards, Inc. 28737 391.00 Laboratory Services&Supplies AECOM Technical Services, Inc. 28712 42,925.73 Professional Services/Engineering Design Services AECOM USA, Inc. 28713 55,655.12 Professional Services/Engineering Design Services AEE-SCC 28909 65.00 Professional Organization&Meeting/Training Registration Aerotek 28910 1,837.44 Professional Services/Temporary Services Ago IndustriesDBA So-Cal Sweeping 28911 1,740.00 Street Sweeping Services Airgas Safety 28738 6,089.14 Safety,Security,Health Equipment,Supplies,and Services Airgas Safety 28912 7,864.61 Safety,Security,Health Equipment,Supplies,and Services AKM Consulting Engineers 28913 13,920.00 Professional Services/Dig Alert Associate Engineer Alhambra Foundry Co., Ltd. 28739 3,179.85 Repair&Maintenance Services and/or Supplies Allied Electronics, Inc. 28914 166.03 Electrical/Electronic Equipment,Parts&Repairs Allied Packing&Rubber, Inc. 28915 126.40 Repair&Maintenance Services and/or Supplies Amazing Tents&Events 29070 174.40 Meeting Expenses American Reprographics Co., L.L.C. 28819 6,653.45 Printing/Reprographics Service American Training Resources, Inc. 28916 1,868.66 Safety,Security,Health Equipment,Supplies,and Services Ameritrol, Inc. 28917 389.37 Electrical/Electronic Equipment,Parts&Repairs Apollo Information Systems 28740 6,253.22 Computer Applications&Services AppleOne Employment Service 28741 7,208.70 Professional Services/Temporary Services ARB/PERP-Air Resources Board 28742 620.00 Governmental Agency Fees&Charges Ashbrook Simon Hartley Operations,L.P. 28918 788.67 Repair&Maintenance Services and/or Supplies AT&T Universal Biller 28919 6,128.60 Telecommunications Atkinson,Andelson, Loya, Rudd&Ruud 28743 129.00 Professional Services-Legal Austin Building and Design dba The Austin Co. 28920 8,242.00 Professional Services/Engineering Design Services Awards&Trophies Company 28921 114.19 Awards&Framing Services AWSI 28744 919.65 Professional Services-DOT Program Administration B&B Electronics 28922 272.64 Electrical/Electronic Equipment,Parts&Repairs Basic Chemical Solutions, L.L.C. 133 17,488.05 Chemicals,Water/Wastewater Treatment Bennett Bowen Lighthouse 28745 465.45 Electrical/Electronic Equipment,Parts&Repairs Bently Nevada, L.L.C. 28923 3,000.00 Professional Organization&Meeting/Training Registration Black&Veatch Corporation 28893 94,206.16 Professional Services/Engineering Design Services Blair-Martin Co., Inc. 28924 6.06 Repair&Maintenance Services and/or Supplies Blue Cross of California 28714 555,361.38 Employee Benefits Blue Cross of California 28894 549,167.42 Employee Benefits BNI Building News 28925 459.78 Books&Publications Bondlogistix L.L.C. 28926 2,250.00 Professional Financial Services Bondlogistix L.L.C. 28927 2,250.00 Professional Financial Services Burlington Safety Laboratory of CA, Inc. 28746 386.44 Safety,Security,Health Equipment,Supplies,and Services Bush&Associates, Inc. 28747 4,216.00 Professional Services/Surveying Services EXHIBIT A fin/210/Ic Page 1 of 10 4/14/2010 Claims Paid From 03/01/10 to 03/15/10 Vendor Warrant No. Amount Description Butier Engineering, Inc. 28895 92,135.32 Professional Services/Engineering Design Services C.P.I. International 28938 116.31 Laboratory Services&Supplies California Dept.of Child Support 28928 1,955.03 Judgments Payable California Recreation Company 28929 2,977.49 Boat Slip Rental-Nerissa Ocean Monitoring Vessel California Relocation Services, Inc. 28748 1,057.50 Miscellaneous Services-Moving/Relocation CALPELRA 28749 345.00 Professional Organizations,and Meeting/Training Registration Caltrol, Inc. 28750 7,612.84 Electrical/Electronic Equipment,Parts&Repairs Cameron Welding Supply 28930 926.32 Repair&Maintenance Services and/or Supplies Cavanaugh Machine Works 28751 1,604.06 Repair&Maintenance Services and/or Supplies Cavanaugh Machine Works 28931 859.13 Repair&Maintenance Services and/or Supplies Chris A.Cervellone 29062 125.00 Meeting/Training Expense Reimbursement Circle, Inc. 28752 901.81 Copier Toner/Ink Supplies Circle, Inc. 28932 65.63 Copier Toner/Ink Supplies Citibank Escrow Account 28885 12,904.11 Construction, Retention City Clerk's Association of California 28933 80.00 Professional Organizations Meeting/Training/Memberships City of Huntington Beach 28795 12,782.82 Water Use City of Huntington Beach 28934 200.00 Governmental Agency Fees&Charges City of Tustin 28753 275.00 Professional Organizations,and Meeting/Training Registration City of Westminster 28754 2,653.65 Water Use Clean Harbors Environmental Services 28755 1,792.23 Grit&Screenings;Hazard Waste Disposal Coast Rubber Stamp, Mfg. 28935 30.45 Stationery&Office Supplies Connell Chevrolet\GEO 28756 69.14 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Consiliant Technologies 28757 13,535.00 Computers,Software/Hardware Consumers Pipe&Supply Co. 28758 2,381.86 Repair&Maintenance Services and/or Supplies Corporate Image Maintenance, Inc. 28896 35,995.00 Janitor&Household Service&Supplies CORRPRO Companies, Inc. 28715 30,809.50 Professional Services/Temporary Services Cosco Fire Protection 28936 310.00 Fire Extinguisher Maintenance County of Orange Auditor Controller 29071 720.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 29072 765.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 29073 1,020.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 29074 660.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 29075 675.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 29076 540.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 29077 600.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 29078 630.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 29079 675.00 Governmental Agency Fees&Charges County Wholesale Electric Co. 28937 167.35 Electrical/Electronic Equipment,Parts&Repairs Court Order 28978 1,828.61 Judgments Payable Court Order 28983 150.00 Judgments Payable Court Order 28988 225.00 Judgments Payable Court Order 29006 108.00 Judgments Payable Court Order 29056 912.50 Judgments Payable CS-AMSCO 28759 3,546.20 Repair&Maintenance Services and/or Supplies CWEA 28939 3,802.00 Professional Organizations Meeting/Training/Memberships EXHIBIT A fin/210/Ic Page 2 of 10 4/14/2010 Claims Paid From 03/01/10 to 03/15/10 Vendor Warrant No. Amount Description David Wheeler Pest Control, Inc. 28941 4,500.00 Pest Control Services David's Tree Service 28940 4,925.00 Groundskeeping DDB Engineering, Inc. 28942 5,239.82 Professional Services-Advocacy Delta Dental 28716 67,049.44 Employee Benefits Delta Dental 28897 66,923.40 Employee Benefits Denboer Engineering&Construction 28905 77,940.00 Construction Dennis Greenberger, Ph.D. 28943 875.00 Employee Medical Evaluations Detector Technology, Inc. 28761 525.00 Electrical/Electronic Equipment,Parts&Repairs Double D Painting 28944 8,027.00 Painting Services Dr. Harvey Goldstone 28945 1,080.00 Safety,Security,Health Equipment,Supplies,and Services Drake Controls-West, L.L.C. 28946 1,000.00 Electrical/Electronic Equipment,Parts&Repairs Duro-Sense Corporation 28762 748.75 Electrical/Electronic Equipment,Parts&Repairs Electronic Balancing Co. 28763 795.00 Repair&Maintenance Services and/or Supplies Emerson Process Management,L.L.P. 28764 3,776.66 Computers,Software/Hardware Employee Benefits Specialists, Inc. 28947 13,222.48 Reimbursed Prepaid Employee Medical&Dependent Care Employment Development Dept. 28948 3,007.00 Unemployment Insurance EMSL Analytical, Inc. 28765 880.00 Safety,Security,Health Equipment,Supplies,and Services Enchanter, Inc. 28949 2,280.00 Vessel Services-Monitoring Vessel Nerissa Enertech Environmental 28898 550,932.95 Biosolids Management Environmental Resource Associates 28767 111.70 Laboratory Services&Supplies Environmental Resource Associates 28950 1,392.70 Laboratory Services&Supplies Environmental Resource Center 28766 1,590.00 Safety,Security,Health Equipment,Supplies,and Services Envirosim Associates,Ltd. 28951 1,500.00 Computer Applications&Services ESRI, Inc. 28768 2,718.75 Computer Applications&Services Express Lens Lab 28952 1,980.32 Safety,Security,Health Equipment,Supplies,and Services Fedex Corporation 28953 105.28 Freight Services FEI Enterprises, Inc. 28906 28,665.00 Construction Financial Consuting Solutions Group, Inc. 28769 6,277.50 Professional Services/CFCC Rate Study First American Corelogic 28771 563.00 Annual Subscription-Online Product Geographic Package Fisher Scientific 28772 706.78 Laboratory Services&Supplies Fountain Valley Paints, Inc. 28954 43.50 Painting Services and Supplies Franchise Tax Board 28955 1,642.42 Governmental Agency Fees&Charges Frasco Profiles 28956 108.00 Professional Services/Human Resources Frys Electronics 28773 601.40 Computers,Software/Hardware Fullerton University Shopping Ctr, L.L.C. 29080 20,302.18 Reconciliation User Fee Refund Program Ganahl Lumber Company 28774 2,292.49 Facilities, Maintenance,Services&Supplies Garratt Callahan Company 28775 1,170.15 Chemicals,Water/Wastewater Treatment Geomatrix Consultants, Inc. 28776 270.00 Professional Services/Geotech&Material Testing GHD, L.L.C. 28777 4,470.00 Professional Services/Engineering Design Services Gierlich-Mitchell, Inc. 28778 435.31 Repair&Maintenance Services and/or Supplies Glens Alignment&Brake Service 28779 220.00 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Global Awards, Inc. 28957 37.71 Repair&Maintenance Services and/or Supplies GMR Transcription 28958 855.30 Professional Services-Transcription Golden State Overnight Delivery Service 28780 76.25 Courier Services EXHIBIT A fin/210/Ic Page 3 of 10 4/14/2010 Claims Paid From 03/01/10 to 03/15/10 Vendor Warrant No. Amount Description Golden State Overnight Delivery Service 28959 22.75 Courier Services Golden State Water Company 28781 101.98 Water Use Golden Sun Marketing 28782 1,574.70 Repair&Maintenance Services and/or Supplies Golden West Window Service 28783 4,612.00 Facilities, Maintenance,Services&Supplies Golden West Window Service 28960 4,745.00 Facilities, Maintenance,Services&Supplies Goodwill Industries of Orange County 28961 283.50 FOG Outreach Distribution Services Grainger, Inc. 28784 2,723.01 Repair&Maintenance Services and/or Supplies Grainger, Inc. 28962 1,734.78 Repair&Maintenance Services and/or Supplies Graphic Products, Inc. 28785 652.00 Miscellaneous Supplies Grating Pacific, Inc. 28786 3,558.30 Repair&Maintenance Services and/or Supplies Graybar Electric Company 28787 7,230.55 Electrical/Electronic Equipment,Parts&Repairs GTE.NET,L.L.C. (Verizon Online) 29042 99.99 Telecommunications Guarantee Records Management 28788 516.62 Professional Services-Document Storage&Shredding Haaker Equipment Company 134 174.98 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Hach Company 28963 52.72 Laboratory Services&Supplies Hampton Tedder Technical Services 28789 13,910.25 Electrical/Electronic Equipment,Parts&Repairs Hardy Diagnostics 28790 1,640.98 Laboratory Services&Supplies Harrington Industrial Plastics, Inc. 28791 201.07 Repair&Maintenance Services and/or Supplies Harrington Industrial Plastics, Inc. 28964 67.45 Repair&Maintenance Services and/or Supplies Helix Electric, Inc. 28729 44,002.50 Construction Hewlett Packard Company 28792 2,129.34 Computers,Software/Hardware Hewlett Packard Company 28965 7,375.92 Computers,Software/Hardware Home Depot 28793 1,131.76 Miscellaneous Parts and Supplies Home Depot 28966 53.19 Miscellaneous Parts and Supplies Hub Auto Supply 28794 1,616.33 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Hub Auto Supply 28967 142.18 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Huynh, Hai-Thao T. 29064 115.96 Meeting/Training Expense Reimbursement Hyatt Legal Plans, Inc. 28968 1,080.00 Voluntary Employee Benefit Program Indiana Child Support Bureau 28970 290.00 Judgments Payable Industrial Distribution Group 28796 45.63 Repair&Maintenance Services and/or Supplies Industrial Threaded Products, Inc. 28797 23.04 Repair&Maintenance Services and/or Supplies Information Handling Services 28969 78.60 Computer Applications&Services Insight Public Sector, Inc. 28798 16,894.86 Computers,Software/Hardware Internal Revenue Service 28971 125.00 Judgments Payable International Risk Management Inst. 28972 281.67 Books and Publications Interstate Batteries of Cal Coast 28799 254.37 Repair&Maintenance Services and/or Supplies Intl. Union of Oper. Eng.AFL CIO Local 501 28973 4,815.37 Dues Deductions IPMC c/o Parsons 28717 1,140,311.00 Professional Services/Temporary Services J F Shea Construction, Inc. 28730 300,878.82 Construction Jamison Engineering Contractors, Inc. 28800 9,061.87 Professional Services/Engineering Design Services Jamison Engineering Contractors, Inc. 28975 15,598.00 Professional Services/Engineering Design Services Jays Catering 28801 394.97 Catering Services JCI Jones Chemicals, Inc. 127 86,465.33 Chemicals,Water/Wastewater Treatment JCI Jones Chemicals, Inc. 130 105,592.41 Chemicals,Water/Wastewater Treatment EXHIBIT A fin/210/Ic Page 4 of 10 4/14/2010 Claims Paid From 03/01/10 to 03/15/10 Vendor Warrant No. Amount Description Jeanie M. Fields 29063 250.00 Meeting/Training Expense Reimbursement JG Tucker And Son, Inc. 28974 1,231.00 Safety,Security,Health Equipment,Supplies,and Services John Deere Landscapes, Inc. 28802 95.00 Repair&Maintenance Services and/or Supplies John L. Hunter&Associates, Inc. 28976 1,900.00 Professional Services/FOG Inspections Johnstone Supply 28803 762.69 Repair&Maintenance Services and/or Supplies Josephson Institute of Ethics 28977 1,250.00 Professional Organizations Meeting/Training/Memberships Kaiser Foundation Health Plan 28718 92,236.27 Employee Benefits Kaiser Foundation Health Plan 28899 98,532.51 Employee Benefits Kanawha Insurance Company 28979 1,918.31 Voluntary Benefits-SSTD Insurance Kemira Water Solutions 128 105,604.46 Chemicals,Water/Wastewater Treatment Kemira Water Solutions 131 122,447.89 Chemicals,Water/Wastewater Treatment Kindred Heathcare, Inc. 29081 9,201.21 Reconciliation User Fee Refund Program Koll Commerce Center 29082 18,707.61 Reconciliation User Fee Refund Program Kroy, L.L.C. 28804 333.30 Laboratory Services&Supplies L&N Image Apparel 28806 391.30 Safety,Security,Health Equipment,Supplies,and Services L.Johnson Painting 28805 4,250.00 Painting Services and Supplies L.Johnson Painting 28980 6,335.00 Painting Services and Supplies Labware, Inc. 28981 13,894.38 Repair&Maintenance Services and/or Supplies Larkin,Michael D. 29065 211.80 Meeting/Training Expense Reimbursement League of California Cities 28807 53.30 Books&Publications Lee&Ro, Inc. 28719 48,594.27 Professional Services/Engineering Design Services Liberty Mutual Claims 28720 75,322.42 Insurance Liebert Cassidy 28982 1,826.00 Professional Services/Employee Relations Losurdo, Linda 29066 180.70 Meeting/Training Expense Reimbursement Mainline Information Systems 28984 22,417.77 Computer Applications&Services Malcolm Pirnie, Inc. 28721 40,089.68 Professional Services/Engineering Design Services Malcolm Pirnie, Inc. 28900 81,489.92 Professional Services/Engineering Design Services Marcin,Clarice M. 29067 490.30 Meeting/Training Expense Reimbursement Marian M.Alter 28887 147.45 Meeting/Training Expense Reimbursement Matt Chlor, Inc. 28985 3,982.30 Repair&Maintenance Services and/or Supplies Maxim Security Systems 28809 5,799.42 Safety,Security,Health Equipment,Supplies,and Services McJunkin Red Man Corporation 28810 57.25 Repair&Maintenance Services and/or Supplies McKenna Engineering&Equipment Co., Inc. 28811 4,996.37 Repair&Maintenance Services and/or Supplies McMaster-Carr Supply Co. 28812 2,348.47 Repair&Maintenance Services and/or Supplies McMaster-Carr Supply Co. 28986 3,460.34 Repair&Maintenance Services and/or Supplies Mesa Muffler 28813 97.62 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Michael Bolster 29060 160.00 Meeting/Training Expense Reimbursement Mid West Associates 28814 20,348.74 Repair&Maintenance Services and/or Supplies Mine Safety Appliance 28987 715.04 Electrical/Electronic Equipment,Parts&Repairs National Bond&Trust 28989 1,990.59 U.S.Savings Bonds Payroll Deductions National Human Resource Assoc. 28815 70.00 Professional Organizations Meeting/Training/Membership Neal Supply Co. 28816 1,358.22 Repair&Maintenance Services and/or Supplies Neutron Products, Inc. 28990 6,081.31 Chemicals,Water/Wastewater Treatment Newark Electronics 28991 682.09 Electrical/Electronic Equipment,Parts&Repairs EXHIBIT A fin/210/Ic Page 5 of 10 4/14/2010 Claims Paid From 03/01/10 to 03/15/10 Vendor Warrant No. Amount Description Nicholas J.Arhontes 29058 1,549.46 Meeting/Training Expense Reimbursement Nickell Metal Spray 28992 650.00 Repair&Maintenance Services and/or Supplies Norco Delivery 28817 453.56 Delivery Services O C Tanner Recognition Company 28818 2,730.13 Service Awards O C Tanner Recognition Company 28993 8,507.53 Service Awards OCEA 28994 662.50 Dues Deductible Olin Corporation 28995 7,722.55 Chemicals,Water/Wastewater Treatment OneSource Distributors, Inc. 28820 1,003.89 Electrical/Electronic Equipment,Parts&Repairs OneSource Distributors, Inc. 28996 2,837.67 Electrical/Electronic Equipment,Parts&Repairs Oracle Corporation 28821 3,310.71 Computer Applications&Services Orange County Sanitation District 28892 1,335.98 Petty Cash Expense Orange County Sanitation District 29083 1,240.44 Petty Cash Expense Orange County United Way 28997 40.00 Employee Contributions Orange Fluid System Technologies, Inc. 28842 272.22 Repair&Maintenance Services and/or Supplies Organizational Synergies 28822 4,900.00 Professional Organizations Meeting/Training/Membership Oxygen Service Company 28823 614.54 Laboratory Services&Supplies Oxygen Service Company 28998 1,326.51 Laboratory Services&Supplies Pacific Building Specialties 28824 293.31 Facilities, Maintenance,Services&Supplies Pacific Investment Management 28722 124,157.22 Professional Financial Services Pacific Mechanical Supply 28825 1,709.56 Repair&Maintenance Services and/or Supplies Parker Supply Company 28826 854.78 Miscellaneous Parts and Supplies PBS&J 28901 36,744.96 Professional Services/Engineering Design Services Peace Officers Council of CA 28999 2,357.50 Dues Deductions,Supervisors&Professionals Polydyne, Inc. 129 21,024.05 Chemicals,Water/Wastewater Treatment Polydyne, Inc. 132 27,893.46 Chemicals,Water/Wastewater Treatment Postmaster 29000 1,000.00 Postage Praxair Distribution, Inc. 29001 78.79 Laboratory Services&Supplies Primary Source Office Furnishings, Inc. 28827 1,458.34 Minor Equipment/Furniture&Fixtures Process Equipment Company 28828 1,834.69 Repair&Maintenance Services and/or Supplies Project Management Institute 28829 154.00 Professional Organizations Meeting/Training/Membership Projectline Technical Services, Inc. 28830 14,640.00 Professional Services/Engineering Services Prudential Insurance Company of America 28723 41,667.32 Benefits Prudential Overall Supply 28831 1,442.99 Uniforms Prudential Overall Supply 29002 1,855.45 Uniforms Public Resources Advisory Group 29003 327.32 Professional Services/Engineering Design Services Pump Engineering 28832 65.98 Repair&Maintenance Services and/or Supplies Pumping Solutions, Inc. 29004 5,539.65 Repair&Maintenance Services and/or Supplies Putzmeister America, Inc. 28902 25,240.24 Repair&Maintenance Services and/or Supplies Quickstart Intelligence 29005 4,225.00 Professional Organizations Meeting/Training/Memberships R L Abbott&Associates 28833 1,000.00 Professional Services/Advocacy Efforts Rainin Instrument, L.L.C. 28835 2,003.16 Laboratory Services&Supplies Rainin Instrument, L.L.C. 29007 190.31 Laboratory Services&Supplies RBF Consulting 28836 12,281.31 Professional Services/Engineering Design Services Reliastar 29008 10,056.52 Voluntary Employee Life&Cancer Insurance EXHIBIT A fin/210/Ic Page 6 of 10 4/14/2010 Claims Paid From 03/01/10 to 03/15/10 Vendor Warrant No. Amount Description Restek Corp. 28837 1,218.04 Laboratory Services&Supplies Restek Corp. 29009 445.73 Laboratory Services&Supplies Retrofit Parts&Components, Inc. 28838 876.59 Repair&Maintenance Services and/or Supplies RF MacDonald Co. 28834 1,230.48 Electrical/Electronic Equipment,Parts&Repairs Richard A.Castillon 29061 952.70 Meeting/Training Expense Reimbursement Richard L.Spencer 28891 126.10 Meeting/Training Expense Reimbursement RMC Project Management, Inc. 29010 399.00 Professional Organizations Meeting/Training/Memberships RMS Engineering&Design, Inc. 28903 30,408.75 Professional Services/Engineering Design Services Robert P.Ghirelli 28888 761.00 Meeting/Training Expense Reimbursement Roberto's Auto Trim Shop 28839 1,278.81 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Rockhurst College Continuing Education 29011 249.00 Professional Organizations Meeting/Training/Membership Royale Cleaners 28840 56.40 Miscellaneous Services Royale Cleaners 29012 125.20 Miscellaneous Services Ryan Herco Products Corp. 29013 1,911.83 Repair&Maintenance Services and/or Supplies S&L International, Inc. 29014 13,676.40 Computers,Software/Hardware S.S.Mechnical Corporation 28732 116,137.00 Construction Sachs Electric Company 28733 947,753.94 Professional Services/Central Generation Automation Safety Environmental Consulting 28841 4,000.00 Safety,Security,Health Equipment,Supplies,and Services Safety Environmental Consulting 29015 7,500.00 Safety,Security,Health Equipment,Supplies,and Services San Diego/Orange Fluid System Technologies, Inc. 29016 33.83 Repair&Maintenance Services and/or Supplies Schwing Bioset 28843 434.29 Repair&Maintenance Services and/or Supplies Sea Bird Electronics, Inc. 28844 426.25 Laboratory Services&Supplies Shamrock Supply Co., Inc. 28845 1,315.42 Repair&Maintenance Services and/or Supplies Shamrock Supply Co., Inc. 29017 1,060.90 Repair&Maintenance Services and/or Supplies Shepard Brothers, Inc. 29018 12,306.66 Chemicals,Water/Wastewater Treatment Shimmick Construction Co., Inc. 28734 513,012.20 Construction Shimmick Construction Co., Inc. 29085 3,621.75 Construction Shureluck Sales&Engineering 28846 1,283.25 Repair&Maintenance Services and/or Supplies Shureluck Sales&Engineering 29019 1,844.17 Repair&Maintenance Services and/or Supplies Siemens c/o Jensen Instrument Co. 28847 2,329.92 Electrical/Electronic Equipment,Parts&Repairs Sigma-Aldrich, Inc. 29020 4,536.97 Laboratory Services&Supplies Smith, Deneb 29068 423.03 Meeting/Training Expense Reimbursement Smith-Emery Company 29021 2,768.50 Professional Services/Geotech&Material Testing So.Cal Gas Company 29022 9,278.30 Utilities South Coast Air Quality Management Dist. 28848 1,433.50 Governmental Agency Fees&Charges Southern California Edison 28724 65,437.70 Utilities Southern Counties Lubricants 28849 2,195.25 Fuel and Lubricants Southern Counties Lubricants 29023 6,028.50 Fuel and Lubricants Southland Envelope Company, Inc. 28850 733.84 Office Supplies Specialized Equipment Systems 29024 1,961.76 Repair&Maintenance Services and/or Supplies St.Croix Sensory, Inc. 28851 990.00 Outside Laboratory Services Staples 28852 23.64 Office Supplies State Supply Co. 29025 542.60 Repair&Maintenance Services and/or Supplies Stephen Patrick Myers 29032 310.00 Miscellaneous Pool Services EXHIBIT A fin/210/Ic Page 7 of 10 4/14/2010 Claims Paid From 03/01/10 to 03/15/10 Vendor Warrant No. Amount Description Summit Steel 28853 3,158.27 Repair&Maintenance Services and/or Supplies Sunset Ford 28854 311.20 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Sunset Industrial Parts 28855 2,549.10 Repair&Maintenance Services and/or Supplies Sunset Industrial Parts 29026 142.68 Repair&Maintenance Services and/or Supplies Sylvia Samuelson&Marcia Salway 29084 78.63 User Fee Refund Regarding Septic Tanks Synagro West, Inc. 28725 552,463.28 Biosolids Management T&C Industrial Controls, Inc. 28856 1,119.58 Computer Hardware&Software TekSystems 29027 4,596.13 Professional Services/Temporary Services TestAmerica Ontario 28857 588.00 Laboratory Services&Supplies The Fire X-Tinguisher Service Co. 28770 1,086.41 Safety,Security,Health Equipment,Supplies,and Services The Jones Company 29028 533.78 Repair&Maintenance Services and/or Supplies The Mathworks, Inc. 28808 535.45 Computer Applications&Services The Standard Insurance Company 29029 2,592.67 Disability Insurance The Training Clinic 28860 3,336.30 Professional Organizations Meeting/Training/Membership The Wackenhut Corporation 28727 28,312.29 Safety,Security,Health Equipment,Supplies,and Services The Wackenhut Corporation 29048 958.40 Safety,Security,Health Equipment,Supplies,and Services Theodore M. Mauter 28889 190.00 Meeting/Training Expense Reimbursement Thompson Industrial Supply, Inc. 28858 8,516.34 Repair&Maintenance Services and/or Supplies Thompson Industrial Supply, Inc. 29030 99.20 Repair&Maintenance Services and/or Supplies Time Warner Communications 28859 51.98 Telecommunications T-Mobile 29031 108.26 Telecommunications Tom B. Meregillano 28890 607.80 Meeting/Training Expense Reimbursement Transcat 28861 218.49 Repair&Maintenance Services and/or Supplies Transcat 29033 4,429.53 Repair&Maintenance Services and/or Supplies Tremco Incorporated 28862 3,585.11 Repair&Maintenance Services and/or Supplies Trico Corporation 28863 1,952.16 Repair&Maintenance Services and/or Supplies Tropical Plaza Nursery, Inc. 29034 12,497.50 Landscape Maintenance Services Truck&Auto Supply, Inc. 28864 1,224.23 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Truck&Auto Supply, Inc. 29035 410.22 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Tuff Skin 28865 375.00 Autos,Trucks&Marine Equipment,Parts,Accessories&Services Tule Ranch/Magan Farms 28726 88,400.40 Biosolids Management Tule Ranch/Magan Farms 29036 11,436.88 Biosolids Management Ultra Scientific 28866 1,333.35 Laboratory Services&Supplies Union Bank of California 28886 3,039.18 Construction, Retention United Parcel Service 28867 75.80 Freight Services United Parcel Service 29037 80.82 Freight Services United States Postal Service 29038 5,000.00 Postage URS Corporation 29039 4,610.00 Professional Services/Air Quality Audit US Airconditioning Distributors, Inc. 28868 252.30 Electrical Parts&Supplies US Equipment Co., Inc. 28869 186.49 Repair&Maintenance Services and/or Supplies US Equipment Co., Inc. 29040 2,113.84 Repair&Maintenance Services and/or Supplies US Peroxide, L.L.C. 28904 395,700.66 Chemicals,Water/Wastewater Treatment USA Mobility Wireless, Inc. 28870 331.93 Telecommunications Valin Corporation 28871 470.59 Repair&Maintenance Services and/or Supplies EXHIBIT A fin/210/Ic Page 8 of 10 4/14/2010 Claims Paid From 03/01/10 to 03/15/10 Vendor Warrant No. Amount Description Verizon California 28872 819.17 Telecommunications Verizon California 29041 1,678.28 Telecommunications Verizon Wireless 28873 720.16 Telecommunications Verne's Plumbing 29043 210.00 Plumbing Services&Supplies Villa Prep&Paint 29044 9,800.00 Painting Services and Supplies Village Nurseries 28874 36.69 Repair&Maintenance Services and/or Supplies Vision Service Plan CA 29045 9,651.30 Employee Benefits Voided Check 28731 - Voided Check 28760 - Vortex Corp. 28875 577.88 Repair&Maintenance Services and/or Supplies Vortex Corp. 29046 5,081.35 Repair&Maintenance Services and/or Supplies VPPPA 28876 750.00 Professional Organizations Meeting/Training/Membership VWR Scientific Products 28877 1,127.05 Laboratory Services&Supplies VWR Scientific Products 29047 815.70 Laboratory Services&Supplies Waldron, Kathy L. 29069 103.94 Meeting/Training Expense Reimbursement Water Environment Federation 28878 354.00 Professional Organizations Meeting/Training/Memberships Water Environment Federation 29049 217.00 Professional Organizations Meeting/Training/Memberships Waxie Sanitary Supply 28879 1,325.10 Janitor&Household Service&Supplies Waxie Sanitary Supply 29050 266.11 Janitor&Household Service&Supplies Wedeco, Inc. 29051 2,023.23 Repair&Maintenance Services and/or Supplies Wesley G.Bauer, II 29059 1,698.76 Meeting/Training Expense Reimbursement West Coast Safety Supply Co. 29052 849.70 Safety,Security,Health Equipment,Supplies,and Services West Lite Supply Company, Inc. 29053 383.66 Electrical/Electronic Equipment,Parts&Repairs Westport Apparatus dba Breaker Supply 28880 313.85 Electrical/Electronic Equipment,Parts&Repairs Westport Apparatus dba Breaker Supply 29054 27.31 Electrical/Electronic Equipment,Parts&Repairs Wilshire State Bank for FEI Interprises, Inc. 29057 3,185.00 Construction, Retention Wilson Supply, Inc. 28881 41.29 Repair&Maintenance Services and/or Supplies Woodruff Spradlin&Smart 28728 123,544.64 Professional Services-Legal WorldatWork 28882 1,125.00 Professional Organization&Meeting/Training Registration Xerox Corporation 28883 19,611.72 Computers,Software/Hardware&Managed Services Xyon Business Solutions, Inc. 29055 2,251.25 Professional Services/Temporary Services Yale/Chase Materials Handling, Inc. 28884 2,158.14 Electrical/Electronic Equipment,&Electric Cart Parts&Repairs Total Accounts Payable-Warrants $ 8,608,193.04 Payroll Disbursements Employee Paychecks 44215 - 44245 $ 5,238.00 Interim Payroll-ARBA(03/01/10)' Employee Paychecks 44254 - 44317 107,909.57 Biweekly Payroll(03/10/10) Employee Paychecks 44318 - 44320 1,405.68 Interim Payroll-Adj.to Payroll, IDEA(03/10/10) Employee Paychecks 44321 - 44323 2,197.29 Interim Payroll-Retirement/Voided&Deposited to 457 Acct. Per HR(03/11/10-03/12/10) Direct Deposit Statements 184744 -184848 16,564.00 Interim Payroll-ARBA(03/01/10) Direct Deposit Statements 184849 -185432 1,427,922.19 Biweekly Payroll(03/10/10) Total Payroll Disbursements $ 1,561,236.73 'Checks 44215-44245 were printed out of order for 03/01/10 pay date. EXHIBIT A fin/210/Ic Page 9 of 10 4/14/2010 Claims Paid From 03/01/10 to 03/15/10 Vendor Warrant No. Amount Description Wire Transfer Payments OCSD Payroll Taxes&Contributions $ 833,120.61 Biweekly Payroll(03/10/10) Intercare Holdings Insurance Svcs., Inc. 25,015.15 Workers'Compensation Service(03/09/10) Kiewit Finance Group 2,151,047.00 Construction Progress Payment Re Job P1-102(03/04/10) Total Wire Transfer Payments $ 3,009,182.76 Total Claims Paid 03/01/10-03/15/10 $ 13,178,612.53 EXHIBIT A fin/210/Ic Page 10 of 10 4/14/2010 Claims Paid From 03/16/10 to 03/31/10 Vendor Warrant No. Amount Description Accounts Payable Warrants A W Chesterton 29106 $ 2,557.96 Repair&Maintenance Services and/or Supplies A W Chesterton 29469 2,493.37 Repair&Maintenance Services and/or Supplies Able Scale Repair 29470 4,893.75 Repair&Maintenance Services and/or Supplies Absolute Standards, Inc. 29471 235.00 Laboratory Services&Supplies Acoustical Material Services 29472 207.84 Facilities, Maintenance,Services&Supplies Adamson Industries 29473 750.84 Safety, Security, Health Equipment,Supplies,and Services Advanced Cooling Technologies 29474 540.00 Repair&Maintenance Services and/or Supplies AECOM Technical Services, Inc. 29450 52,649.57 Professional Services/Engineering Design Services Aero Compressor, Inc. 29107 181.02 Mechanical Parts&Supplies Aerotek 29306 4,830.48 Professional Services/Temporary Services Agilent Technologies, Inc. 29475 501.47 Laboratory Services&Supplies Air Liquid America Specialty Gases 29307 38.07 Laboratory Services&Supplies Air Products&Chemicals, Inc. 29289 27,166.23 Chemicals,Water/Wastewater Treatment Air Products&Chemicals, Inc. 29451 100,000.00 Chemicals,Water/Wastewater Treatment Airgas Safety 29108 14,944.71 Safety, Security, Health Equipment,Supplies,and Services Airgas Safety 29308 1,914.59 Safety, Security, Health Equipment,Supplies,and Services Airgas Safety 29476 1,777.13 Safety, Security, Health Equipment, Supplies,and Services Airgas West 29309 1,771.50 Laboratory Services&Supplies AKM Consulting Engineers 29477 12,789.00 Professional Services/Dig Alert Associate Engineer Alan Plummer Associates 29478 19,350.00 Professional Services/Engineering Design Services All American Asphalt 29479 24,237.00 Repair&Maintenance Services and/or Supplies Allied Packing&Rubber, Inc. 29109 111.60 Repair&Maintenance Services and/or Supplies Allied Packing&Rubber, Inc. 29480 68.90 Repair&Maintenance Services and/or Supplies Alta-Robbins, Inc. 29110 1,115.30 Electrical/Electronic Equipment, Parts&Repairs American Express 29086 41,989.81 Purchasing Card Program for Miscellaneous Parts and Supplies American Seal&Packing 29111 904.59 Repair&Maintenance Services and/or Supplies American Society of Civil Engineers 29112 299.00 Professional Organizations Meeting/Training/Memberships Amtech Elevator Services 29113 1,400.00 Miscellaneous Services AppleOne Employment Service 29310 1,715.36 Professional Services/Temporary Services Applied Industrial Technology 29114 953.68 Repair&Maintenance Services and/or Supplies Applied Industrial Technology 29482 381.14 Repair&Maintenance Services and/or Supplies Archie Ivy, Inc. 29115 4,450.00 Facilities, Maintenance, Services&Supplies AIRS Enterprises, Inc. 29483 745.00 Laboratory Services&Supplies AT&T 29305 216.58 Telecommunications AT&T Long Distance. 29312 53.78 Telecommunications AT&T Mobility II, L.L.C. 29116 416.73 Telecommunications AT&T Mobility II, L.L.C. 29313 8,407.31 Telecommunications AT&T Universal Biller 29311 919.70 Telecommunications Atlas Underground, Inc. 29117 14,600.00 Repair&Maintenance Services and/or Supplies Austin Building and Design dba The Austin Compan 29484 7,449.09 Professional Services/Engineering Design Services Auto Shop Equipment Co., Inc. 29314 7,436.28 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Awards&Trophies Company 29485 45.68 Awards and Framing Services EXHIBIT B fin/210/Ic Page 1 of 14 4/13/2010 Claims Paid From 03/16/10 to 03/31/10 Vendor Warrant No. Amount Description AWSI 29486 229.00 Professional Services-DOT Program Administration AWWA 29315 198.00 Professional Organizations Meeting/Training/Membership Basic Chemical Solutions, L.L.C. 146 13,985.49 Chemicals,Water/Wastewater Treatment Battery Specialties 29316 515.48 Batteries,Various Bell Pipe&Supply Co. 29118 245.61 Repair&Maintenance Services and/or Supplies Berendsen Fluid Power 29317 77.70 Electrical/Electronic Equipment, Parts&Repairs Black&Veatch Corporation 29290 69,682.91 Professional Services/Engineering Design Services Blair-Martin Co., Inc. 29119 5,681.48 Repair&Maintenance Services and/or Supplies Blue Diamond Car Wash, Inc. 29318 561.99 Facilities, Maintenance, Services&Supplies Bondlogistix L.L.C. 29487 1,000.00 Repair&Maintenance Services and/or Supplies BP Energy Company 29319 22,039.28 Natural Gas Bravura Consultants, Inc. 29120 1,317.50 Professional Services/SOP Support Brayan E. Blair 29277 115.00 Meeting/Training Expense Reimbursement Bret Colson 29280 177.26 Meeting/Training Expense Reimbursement Brown&Caldwell 29291 148,196.07 Professional Services/Engineering Design Services Calif.Assn.of Workplace Investigators, Inc. 29121 150.00 Professional Organizations Meeting/Training/Memberships California Dept.of Child Support 29320 1,919.51 Judgments Payable California Recreation Company 29490 2,962.97 Boat Slip Rental-Nerissa Ocean Monitoring Vessel California Relocation Services, Inc. 29321 315.00 Miscellaneous Services-Moving/Relocation Caltrol, Inc. 29122 530.37 Electrical/Electronic Equipment, Parts&Repairs Cameron Compression Systems 29491 560.87 Repair&Maintenance Services and/or Supplies Cameron Welding Supply 29492 387.26 Repair&Maintenance Services and/or Supplies Carollo Engineers 29087 100,665.39 Professional Services/Engineering Design Services CASA 29493 870.00 Professional Organizations Meeting/Training/Membership Dues Certified Truck Bodies 29123 10,920.53 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Circle, Inc. 29322 1,772.83 Copier Toner/Ink Supplies Citibank Escrow Account#203514435 29616 6,021.00 Construction, Retention City National Bank 29098 79,485.07 Construction, Retention City of Anaheim, Planning Dept. 29444 4,142.00 Reconciliation User Fee Refund Program City of Fountain Valley 29124 1,050.00 Governmental Agency Fees&Charges City of Fountain Valley 29292 37,392.18 Water Use City of Fullerton 29512 39.68 Water Use City of Huntington Beach 29352 10.72 Water Use City of Huntington Beach 29526 12,401.88 Water Use City of Orange 29488 9,766.44 Reimbursement for Payment Made to OCSD In Error City of Seal Beach 29405 194.25 Water Use CMAA 29323 1,010.00 Professional Organizations Meeting/Training/Memberships CMSI Corporate Mentoring Solutions, Inc. 29125 117.65 Professional Organizations Meeting/Training/Memberships Cole-Parmer Instrument Co. 29324 74.52 Laboratory Services&Supplies Compressor Components of California 29325 2,090.00 Repair&Maintenance Services and/or Supplies Compsych Corporation 29494 2,803.32 Employee Benefits Connell Chevrolet\GEO 29326 173.96 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Consolidated Electrical Dist., Inc. 29126 40.77 Electrical/Electronic Equipment, Parts&Repairs EXHIBIT B fin/210/Ic Page 2 of 14 4/13/2010 Claims Paid From 03/16/10 to 03/31/10 Vendor Warrant No. Amount Description Consumers Pipe&Supply Co. 29127 4,982.97 Repair&Maintenance Services and/or Supplies CORRPRO Companies, Inc. 29293 33,348.00 Professional Services/Temporary Services Cortech Engineering 29088 105,087.26 Repair&Maintenance Services and/or Supplies Cosco Fire Protection 29495 2,625.00 Fire Extinguisher Maintenance Counterpart Enterprises, Inc. 29128 3,427.11 Repair&Maintenance Services and/or Supplies County of Orange Auditor Controller 29129 86.50 Governmental Agency Fees&Charges County of Orange Auditor Controller 29327 70.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 29328 66.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 29445 945.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 29446 945.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 29623 630.00 Governmental Agency Fees&Charges County of Ventura(Contract Host) 29329 19,951.00 Computer Applications&Services County Wholesale Electric Co. 29130 2,111.28 Electrical/Electronic Equipment, Parts&Repairs Court Order 29362 1,828.61 Judgments Payable Court Order 29364 150.00 Judgments Payable Court Order 29370 225.00 Judgments Payable Court Order 29393 108.00 Judgments Payable Court Order 29431 912.50 Judgments Payable CR&R, Inc. 29131 945.00 Waste Disposal CR&R, Inc. 29330 315.00 Waste Disposal Cristina J.Stanford 29442 829.33 Employee Computer Loan Program CS-AMSCO 29331 21,309.95 Repair&Maintenance Services and/or Supplies Culligan of Orange County 29132 53.70 Miscellaneous Services CWEA 29133 1,356.00 Professional Organizations Meeting/Training/Memberships CWEA 29287 90.00 Professional Organizations Meeting/Training/Memberships CWEA 29496 396.00 Professional Organizations Meeting/Training/Memberships Dale O. Henderson 29621 1,131.34 Meeting/Training Expense Reimbursement David R. Heinz 29282 139.13 Meeting/Training Expense Reimbursement David Wheeler Pest Control, Inc. 29136 1,320.00 Pest Control Services David's Tree Service 29135 8,985.00 Groundskeeping Davis Calibration 29137 121.26 Electrical/Electronic Equipment, Parts&Repairs Dawn Food Products 29134 11,369.13 Reconciliation User Fee Refund Program Deborah Hartson 29624 746.52 Reconciliation User Fee Refund Program Deirdre E. Bingman 29434 392.00 Meeting/Training Expense Reimbursement Desert Pumps&Parts, Inc. 29138 11,775.96 Repair&Maintenance Services and/or Supplies Desert Pumps&Parts, Inc. 29498 45.84 Repair&Maintenance Services and/or Supplies Dindo A. Carrillo 29278 480.00 Meeting/Training Expense Reimbursement DLT Solutions, Inc. 29499 5,748.14 Computer Applications&Services DLT&V Systems Engineering, Inc. 29332 572.78 Professional Services/Engineering Design Services Double D Painting 29333 9,045.00 Painting Services Douglass S. Davert 29497 1,224.92 Meeting/Training Expense Reimbursement Dr. Harvey Goldstone 29500 180.00 Safety,Security, Health Equipment,Supplies,and Services Dudek&Associates, Inc. 29139 12,220.84 Professional Services/Engineering Design Services EXHIBIT B fin/210/Ic Page 3 of 14 4/13/2010 Claims Paid From 03/16/10 to 03/31/10 Vendor Warrant No. Amount Description Dunn-Edwards Corporation 29140 323.32 Painting Services and Supplies Dunn-Edwards Corporation 29501 161.65 Painting Services and Supplies Dwyer Instruments, Inc. 29502 994.50 Electrical/Electronic Equipment, Parts&Repairs E.Sam Jones Distributors, Inc. 29503 221.00 Electrical/Electronic Equipment, Parts&Repairs Eagle Protection of California 29142 275.00 Safety,Security, Health Equipment,Supplies,and Services Electronic Balancing Co. 29143 360.00 Repair&Maintenance Services and/or Supplies Employee Benefits Specialists, Inc. 29334 13,222.48 Reimbursed Prepaid Employee Medical&Dependent Care Enchanter, Inc. 29504 1,140.00 Vessel Services-Monitoring Vessel Nerissa Enecon USA, Inc. 29505 2,220.00 Repair&Maintenance Services and/or Supplies Enertech Environmental 29452 502,483.86 Biosolids Management ENS Resources, Inc. 29144 7,500.00 Professional Services-Federal Advocacy Environmental&Occupational Risk Mgmt. 29145 8,162.00 Safety, Security, Health Equipment,Supplies,and Services ESRI, Inc. 29506 21,621.57 Computer Applications&Services Ewing Irrigation 29335 164.56 Irrigation Repair&Maintenance Services and/or Supplies Expedia Media, L.L.C. 29141 2,447.86 Reconciliation User Fee Refund Program Express Lens Lab 29336 2,441.16 Safety, Security, Health Equipment,Supplies,and Services F. H. Pumps 29146 687.49 Pump Supplies Farwest Corrosion Control Co. 29507 451.53 Instrument Parts&Supplies Fedex Corporation 29148 25.53 Freight Services Fedex Corporation 29337 26.79 Freight Services First American Corelogic 29149 854.17 Computer Applications&Services Fisher Scientific 29150 3,946.12 Laboratory Services&Supplies Fisher Scientific 29338 2,761.72 Laboratory Services&Supplies Fisher Scientific 29509 5,606.85 Laboratory Services&Supplies Fleetmatics USA, Inc. 29151 152.08 Professional Services-Human Resources Flo Systems, Inc. 29339 305.26 Repair&Maintenance Services and/or Supplies Forkert Engineering&Surveying, Inc. 29152 2,980.00 Professional Services-Surveying Franchise Tax Board 29340 1,642.41 Governmental Agency Fees&Charges Franklin Covey 29510 281.52 Office Supplies Frozun Foods, Inc. 29147 15,577.42 Reconciliation User Fee Refund Program Frys Electronics 29153 462.09 Computers,Software/Hardware Frys Electronics 29511 1,079.63 Computers,Software/Hardware Fuller Truck Accessories 29341 687.35 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Gail A. Poltorak 29625 885.40 Reconciliation User Fee Refund Program Galco Industrial Electronics 29342 641.00 Electrical/Electronic Equipment, Parts&Repairs Gamma Builders, Inc. 29154 16,299.00 Repair&Maintenance Services and/or Supplies Garland Associates, Inc. 29513 4,000.00 Professional Services-Parking Lot Study Garratt Callahan Company 29155 3,709.79 Chemicals,Water/Wastewater Treatment Gates Fiberglass Installers 29156 7,386.25 Repair&Maintenance Services and/or Supplies Geomatrix Consultants, Inc. 29294 27,165.50 Professional Services/Geotech&Material Testing George Yardley Co. 29343 279.27 Repair&Maintenance Services and/or Supplies Gierlich-Mitchell, Inc. 29158 376.93 Repair&Maintenance Services and/or Supplies Gierlich-Mitchell, Inc. 29514 7,132.84 Repair&Maintenance Services and/or Supplies EXHIBIT B fin/210/Ic Page 4 of 14 4/13/2010 Claims Paid From 03/16/10 to 03/31/10 Vendor Warrant No. Amount Description Glenn's Alignment&Brake Service 29344 110.00 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Golden State Overnight Delivery Service 29345 179.27 Courier Services Golden State Overnight Delivery Service 29515 80.66 Courier Services Golden Sun Marketing 29516 337.67 Repair&Maintenance Services and/or Supplies Golden West Window Service 29159 5,482.00 Facilities, Maintenance, Services&Supplies Golden West Window Service 29346 4,645.00 Facilities, Maintenance, Services&Supplies Golden West Window Service 29517 1,660.00 Facilities, Maintenance, Services&Supplies Grainger, Inc. 29160 2,656.62 Repair&Maintenance Services and/or Supplies Grainger, Inc. 29347 324.41 Electrical/Electronic Equipment, Parts&Repairs Grainger, Inc. 29518 1,928.53 Repair&Maintenance Services and/or Supplies Graybar Electric Company 29161 395.02 Electrical/Electronic Equipment, Parts&Repairs Graybar Electric Company 29348 47.90 Electrical/Electronic Equipment, Parts&Repairs Graybar Electric Company 29519 395.80 Electrical/Electronic Equipment, Parts&Repairs Great Western Sanitary Supplies 29520 602.66 Janitor&Household Service&Supplies GT Hall Company 29157 773.88 Mechanical Parts&Supplies Guarantee Records Management 29162 455.91 Professional Services-Document Storage&Shredding Hach c/o Ponton Industries 29521 754.48 Laboratory Services&Supplies Hach Company 29163 154.11 Laboratory Services&Supplies Hach Company 29522 14,984.36 Laboratory Services&Supplies Hampton Tedder Technical Services 29349 701.50 Professional Services/Electrical Acceptance Testing-Various Harrington Industrial Plastics, Inc. 29164 1,534.05 Repair&Maintenance Services and/or Supplies Harrington Industrial Plastics, Inc. 29350 200.30 Repair&Maintenance Services and/or Supplies Harrington Industrial Plastics, Inc. 29523 234.19 Repair&Maintenance Services and/or Supplies Hasler, Inc. 29165 94.61 Postage Meter Rental HDR Engineering, Inc. 29089 41,567.22 Professional Services/Engineering Design Services HDR Engineering, Inc. 29295 185,287.21 Professional Services/Engineering Design Services Helix Electric, Inc. 29464 102,111.90 Construction Hi Standard Automotive, L.L.C. 29524 641.45 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Hill Brothers 139 121,636.62 Chemicals,Water/Wastewater Treatment Hills Boat Service, Inc. 29525 814.77 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Hills Brothers Lock&Safe 29166 170.66 Facilities, Maintenance, Services&Supplies Home Depot 29167 1,346.08 Miscellaneous Parts and Supplies Home Depot 29351 542.52 Miscellaneous Parts and Supplies Hyatt Legal Plans, Inc. 29527 1,062.00 Voluntary Employee Benefit Program Hydrotex 29353 1,530.63 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Indiana Child Support Bureau 29354 290.00 Judgments Payable Industrial Distribution Group 29355 830.85 Repair&Maintenance Services and/or Supplies Industrial Distribution Group 29528 246.04 Repair&Maintenance Services and/or Supplies Industrial Fabrics Corp. 29168 11,190.38 Repair&Maintenance Services and/or Supplies Industrial Threaded Products, Inc. 29169 2,560.95 Repair&Maintenance Services and/or Supplies Industrial Threaded Products, Inc. 29356 1,175.65 Repair&Maintenance Services and/or Supplies Ingrid G. Hellebrand 29620 115.43 Meeting/Training Expense Reimbursement Innerline Engineering 29090 31,648.49 Professional Services-Sewer Line Video Inspections EXHIBIT B fin/210/Ic Page 5 of 14 4/13/2010 Claims Paid From 03/16/10 to 03/31/10 Vendor Warrant No. Amount Description Inorganic Ventures, Inc. 29170 136.59 Laboratory Services&Supplies Inorganic Ventures, Inc. 29529 184.29 Laboratory Services&Supplies Inplant Sales, L.L.C. 29530 1,018.00 Repair&Maintenance Services and/or Supplies Intercare Holdings Insurance Svcs., Inc. 29171 3,066.67 Workers'Compensation Service Internal Revenue Service 29357 125.00 Judgments Payable Intl. Union of Oper. Eng.AFL CIO Local 501 29358 4,837.78 Dues Deductions IPMC c/o Parsons 29091 1,272,639.00 Professional Services/Temporary Services Ironman Parts&Services 29531 1,419.57 Repair&Maintenance Services and/or Supplies Irvine Ranch Water District 29172 8.90 Water Use Irvine Ranch Water District 29532 44.70 Water Use IRWA Chapter 1 29173 95.00 Professional Organizations Meeting/Training/Memberships IRWA Chapter 67 29174 75.00 Professional Organizations Meeting/Training/Memberships James D. Niswonger 29440 820.01 Meeting/Training Expense Reimbursement Jamison Engineering Contractors, Inc. 29092 58,831.27 Professional Services/Engineering Design Services Jamison Engineering Contractors, Inc. 29296 55,140.30 Professional Services/Engineering Design Services Jays Catering 29175 1,140.25 Catering Services Jays Catering 29359 704.03 Catering Services Jays Catering 29534 589.37 Catering Services JCI Jones Chemicals, Inc. 135 94,023.55 Chemicals,Water/Wastewater Treatment JCI Jones Chemicals, Inc. 140 83,216.71 Chemicals,Water/Wastewater Treatment JCI Jones Chemicals, Inc. 143 55,126.12 Chemicals,Water/Wastewater Treatment Jeffrey T. Reed 29441 513.20 Meeting/Training Expense Reimbursement JG Tucker And Son, Inc. 29533 358.88 Safety, Security, Health Equipment, Supplies,and Services Johnstone Supply 29176 582.69 Repair&Maintenance Services and/or Supplies Johnstone Supply 29360 214.10 Repair&Maintenance Services and/or Supplies Josephson Institute of Ethics 29361 3,750.00 Professional Organizations Meeting/Training/Memberships Kaman Industrial Technologies 29363 752.40 Repair&Maintenance Services and/or Supplies Kara Rydman 29447 844.55 Reconciliation User Fee Refund Program Kelly Pipe Co., L.L.C. 29177 2,865.19 Repair&Maintenance Services and/or Supplies Kemira Water Solutions 136 58,134.94 Chemicals,Water/Wastewater Treatment Kemira Water Solutions 141 97,019.36 Chemicals,Water/Wastewater Treatment Kemira Water Solutions 144 73,193.44 Chemicals,Water/Wastewater Treatment Ken Thompson, Inc. 29302 66,244.50 Construction Kiewit Pacific Co. 29465 6,070,928.00 Construction L.Johnson Painting 29178 12,555.00 Painting Services and Supplies L.Johnson Painting 29535 3,100.00 Painting Services and Supplies Larry R.Crandall 29489 879.82 Meeting/Training Expense Reimbursement Laser Impressions, Inc. 29179 112.71 Facilities, Maintenance, Services&Supplies Laura A.Terriquez 29622 950.20 Meeting/Training Expense Reimbursement Lee&Ro, Inc. 29536 7,124.82 Professional Services/Engineering Design Services LH Engineering Co. 29101 98,820.00 Construction Liberty Mutual Claims 29180 6,556.19 Insurance Louis Allen Worldwide 29181 11,425.00 Professional Organizations Meeting/Training/Memberships EXHIBIT B fin/210/Ic Page 6 of 14 4/13/2010 Claims Paid From 03/16/10 to 03/31/10 Vendor Warrant No. Amount Description Lucci's Gourmet Foods, Inc. 29365 27.00 Catering Services M.J. Schiff and Associates, Inc. 29453 49,682.12 Professional Services/Engineering Design Services Malcolm Pirnie, Inc. 29093 80,682.41 Professional Services/Engineering Design Services Malcolm Pirnie, Inc. 29297 394,509.94 Professional Services/Engineering Design Services Malcolm Pirnie, Inc. 29454 55,735.00 Professional Services/Engineering Design Services Marinus Scientific 29182 87.00 Laboratory Services&Supplies Maxim Security Systems 29183 5,612.81 Safety,Security, Health Equipment,Supplies,and Services McMaster-Carr Supply Co. 29184 1,083.24 Repair&Maintenance Services and/or Supplies McMaster-Carr Supply Co. 29366 3,732.28 Repair&Maintenance Services and/or Supplies McMaster-Carr Supply Co. 29537 1,412.98 Repair&Maintenance Services and/or Supplies Medlin Controls Co. 29367 955.53 Repair&Maintenance Services and/or Supplies Medlin Controls Co. 29538 575.94 Repair&Maintenance Services and/or Supplies Mesa Consolidated Water District 29185 47.20 Water Use Metal Supply, Inc. 29539 430.94 Repair&Maintenance Services and/or Supplies Michael I. Gold 29437 1,738.43 Meeting/Training Expense Reimbursement Michael I. Gold 29618 1,113.02 Meeting/Training Expense Reimbursement Michael Vuong 29286 142.13 Meeting/Training Expense Reimbursement Mid-West Associates, Inc. 29540 6,822.90 Repair&Maintenance Services and/or Supplies Mike Bubalo Construction Co., Inc. 29468 31,148.80 Construction Mike Prlich&Sons 29541 13,017.20 Repair&Maintenance Services and/or Supplies Mine Safety Appliance 29186 5,334.79 Electrical/Electronic Equipment, Parts&Repairs Mine Safety Appliance 29368 925.50 Electrical/Electronic Equipment, Parts&Repairs Mission Abrasive&Janitorial Supplies 29187 156.60 Janitorial&Household Services&Supplies Mission Abrasive&Janitorial Supplies 29369 117.45 Janitorial&Household Services&Supplies Mladen Buntich Construction Company 29102 710,365.63 Construction Municipal Water District of O.C. 29542 1,400.00 Professional Organizations Meeting/Training/Memberships MVA Architects 29543 9,959.63 Professional Services/Engineering Design Services MWH Americas, Inc. 29455 85,822.48 Professional Services/Engineering Design Services MWH Soft, Inc. 29188 1,750.00 Professional Organizations Meeting/Training/Memberships NACE International 29544 1,468.00 Professional Organizations Meeting/Training/Membership Dues National Bond&Trust 29371 1,990.59 U.S.Savings Bonds Payroll Deductions Ncompliance Services 29545 499.00 Professional Organizations Meeting/Training/Memberships Neal Supply Co. 29189 1,219.26 Repair&Maintenance Services and/or Supplies Neal Supply Co. 29372 696.00 Repair&Maintenance Services and/or Supplies Neal Supply Co. 29546 762.30 Repair&Maintenance Services and/or Supplies Neutron Products, Inc. 29190 3,001.50 Chemicals,Water/Wastewater Treatment Neutron Products, Inc. 29373 6,066.95 Chemicals,Water/Wastewater Treatment Neutron Products, Inc. 29547 3,051.09 Chemicals,Water/Wastewater Treatment New Pig 29191 359.64 Repair&Maintenance Services and/or Supplies Newark Electronics 29548 31.95 Electrical/Electronic Equipment, Parts&Repairs Nickell Metal Spray 29192 675.00 Repair&Maintenance Services and/or Supplies Nickell Metal Spray 29549 850.00 Repair&Maintenance Services and/or Supplies Norco Delivery 29374 453.56 Delivery Services EXHIBIT B fin/210/Ic Page 7 of 14 4/13/2010 Claims Paid From 03/16/10 to 03/31/10 Vendor Warrant No. Amount Description Norman A. Olsson Construction, Inc. 29103 215,684.10 Construction Norman A. Olsson Construction, Inc. 29303 679,376.70 Construction Northeast Laboratory Services, Inc. 29193 1,790.10 Laboratory Services&Supplies O C Tanner Recognition Company 29194 1,835.18 Service Awards OCB Reprographics 29550 1,366.56 Printing/Reprographics Service OCEA 29375 652.75 Dues Deductible Office Depot 29376 3,630.84 Office Supplies Off iceMax Contract, Inc./OM Workspace 29195 1,626.38 Safety, Security, Health Equipment,Supplies,and Services OfficeMax Contract, Inc./OM Workspace 29551 566.67 Purchase and Installation of Cubicles/Furniture/Fixtures Olin Corporation 29196 3,822.77 Chemicals,Water/Wastewater Treatment Olin Corporation 29377 4,172.84 Chemicals,Water/Wastewater Treatment Olin Corporation 29552 8,002.61 Chemicals,Water/Wastewater Treatment Omega Engineering Inc 29378 4,876.22 Electrical/Electronic Equipment, Parts&Repairs OneSource Distributors, Inc. 29197 3,908.59 Electrical/Electronic Equipment, Parts&Repairs OneSource Distributors, Inc. 29379 6,694.11 Electrical/Electronic Equipment, Parts&Repairs OneSource Distributors, Inc. 29553 2,667.57 Electrical/Electronic Equipment, Parts&Repairs Operation Technology, Inc. 29198 3,690.00 Repair&Maintenance Services and/or Supplies Operation Technology, Inc. 29554 6,717.58 Repair&Maintenance Services and/or Supplies Oracle Corporation 29380 264.72 Computer Applications&Services Orange Community Bank 29276 23,964.90 Construction, Retention Orange Community Bank 29304 75,486.30 Construction, Retention Orange County Hose Company 29199 260.22 Miscellaneous Parts and Supplies Orange County Sanitation District 29288 1,332.58 Petty Cash Expense Orange County United Way 29381 40.00 Employee Contributions Orange County Vector Control District 29382 140.80 Pest Control Orange County Water District 29456 37,390.29 GAP Water ORE Offshore 29201 445.35 Laboratory Services&Supplies Oxygen Service Company 29202 1,054.81 Laboratory Services&Supplies Oxygen Service Company 29383 633.64 Laboratory Services&Supplies Oxygen Service Company 29555 658.38 Laboratory Services&Supplies Pacific Building Specialties 29203 569.96 Facilities, Maintenance,Services&Supplies Pacific High Reach, Inc. 29204 813.15 Aerial Lift Rental Pacific Mechanical Supply 29205 6,584.53 Repair&Maintenance Services and/or Supplies Pacific Mechanical Supply 29556 4,771.23 Repair&Maintenance Services and/or Supplies Parker Supply Company 29557 6,548.88 Miscellaneous Parts and Supplies Parkhouse Tire, Inc. 29384 2,551.99 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Parkhouse Tire, Inc. 29558 5.25 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Patriot Video Productions 29385 407.91 Miscellaneous Services PBS&J 29206 20,724.52 Professional Services/Engineering Design Services PBS&J 29457 44,613.52 Professional Services/Engineering Design Services PCI Industries 29386 886.52 Repair&Maintenance Services and/or Supplies Peace Officers Council of CA 29387 2,357.50 Dues Deductions,Supervisors&Professionals Performance Pipeline Technologies 29207 21,316.76 Professional Services/CCTV Inspection EXHIBIT B fin/210/Ic Page 8 of 14 4/13/2010 Claims Paid From 03/16/10 to 03/31/10 Vendor Warrant No. Amount Description Performance Pipeline Technologies 29559 16,862.00 Professional Services/CCTV Inspection PL Hawn Company, Inc. 29208 2,253.30 Repair&Maintenance Services and/or Supplies PL Hawn Company, Inc. 29388 1,522.61 Repair&Maintenance Services and/or Supplies PL Hawn Company, Inc. 29560 629.54 Electrical/Electronic Equipment, Parts&Repairs Polydyne, Inc. 137 24,572.37 Chemicals,Water/Wastewater Treatment Polydyne, Inc. 142 17,993.77 Chemicals,Water/Wastewater Treatment Polydyne, Inc. 145 38,559.82 Chemicals,Water/Wastewater Treatment Pongsakdi Cady 29435 205.85 Meeting/Training Expense Reimbursement Ponton Industries, Inc. 29209 10,429.75 Laboratory Services&Supplies Ponton Industries, Inc. 29389 5,002.85 Laboratory Services&Supplies Primary Source Office Furnishings, Inc. 29210 858.04 Minor Equipment/Furniture&Fixtures Primary Source Office Furnishings, Inc. 29562 4,937.25 Minor Equipment/Furniture&Fixtures Primrose Ice Co., Inc. 29211 100.00 Water&Ice Services Procare Work Injury Center 29563 170.00 Medical Services Progressive Business Audio Conference 29564 199.00 Computer Applications&Services Project Management Institute 29212 164.00 Professional Organizations Meeting/Training/Membership Projects Partners 29298 41,380.00 Professional Services/Temporary Employment Services Propipe Professional Pipe Services 138 6,960.77 Professional Services/Sewerline Cleaning Prudential Insurance Company of America 29458 41,655.74 Benefits Prudential Overall Supply 29213 1,440.39 Uniforms Pulsar Process Measurement, Inc. 29565 4,217.11 Electrical/Electronic Equipment, Parts&Repairs Pumping Solutions, Inc. 29390 278.23 Repair&Maintenance Services and/or Supplies Putzmeister America, Inc. 29214 1,135.92 Repair&Maintenance Services and/or Supplies Putzmeister America, Inc. 29391 6,355.71 Repair&Maintenance Services and/or Supplies Q Air-Calif. Div. Pump Engineering 29215 1,069.21 Repair&Maintenance Services and Supplies Quickstart Intelligence 29216 4,497.00 Professional Organizations Meeting/Training/Memberships Quinn Group, Inc. 29217 2,114.22 Repair&Maintenance Services and/or Supplies R Garrison, L.L.C. 29566 1,238.34 Professional Organizations Meeting/Training/Membership R L Abbott&Associates 29392 1,000.00 Professional Services/Advocacy Efforts Rainbow Disposal Co. 29218 3,376.48 Waste Disposal Rainin Instrument, L.L.C. 29567 433.92 Laboratory Services&Supplies Rajkumar Bellan 29617 266.13 Meeting/Training Expense Reimbursement Ray C Largo&Associates 29568 293.68 Professional Services-Human Resources RBF Consulting 29394 1,054.00 Professional Services-Surveying RBF Consulting 29395 13,606.03 Professional Services/Engineering Design Services RBF Consulting 29459 49,555.86 Professional Services/Engineering Design Services Recruiting.Com, Inc. 29219 395.00 Notices&Ads Red Wing Shoes 29396 431.00 Safety,Security, Health Equipment, Supplies,and Services Reliastar 29569 5,028.26 Voluntary Employee Life&Cancer Insurance Restek Corp. 29220 275.15 Laboratory Services&Supplies Restek Corp. 29570 1,385.63 Laboratory Services&Supplies Retrofit Parts&Components, Inc. 29397 877.59 Repair&Maintenance Services and/or Supplies Retrofit Parts&Components, Inc. 29571 1,032.84 Repair&Maintenance Services and/or Supplies EXHIBIT B fin/210/Ic Page 9 of 14 4/13/2010 Claims Paid From 03/16/10 to 03/31/10 Vendor Warrant No. Amount Description RM Automation c/o RM Controls 29398 135.01 Paper&Office Supplies RMB Engineering&Sales, Inc. 29221 4,574.00 Electrical/Electronic Equipment, Parts&Repairs RMS Engineering&Design, Inc. 29222 1,360.00 Professional Services/Engineering Design Services RMS Engineering&Design, Inc. 29572 2,200.00 Professional Services/Engineering Design Services Robert Holdman 29283 195.00 Meeting/Training Expense Reimbursement Robert M. Bell 29433 826.28 Meeting/Training Expense Reimbursement Roberto's Auto Trim Shop 29573 363.50 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Rosemount Analytical, Inc.-Remit 29399 1,750.14 Electrical/Electronic Equipment, Parts&Repairs Royale Cleaners 29223 30.50 Miscellaneous Services RPM Electric Motors 29224 344.32 Repair&Maintenance Services and/or Supplies RPM Electric Motors 29574 3,197.81 Repair&Maintenance Services and/or Supplies Ruben Gomez 29619 690.20 Meeting/Training Expense Reimbursement Rutland Tool&Supply 29575 197.61 Repair&Maintenance Services and/or Supplies Ryan Herco Products Corp. 29576 506.11 Repair&Maintenance Services and/or Supplies S.S. Mechnical Corporation 29466 54,189.00 Construction Sachs Electric Company 29104 1,208,231.01 Professional Services/Central Generation Automation Safety-Kleen 29225 637.52 Repair&Maintenance Services and/or Supplies San Diego/Orange Fluid System Technologies, Inc. 29226 462.21 Repair&Maintenance Services and/or Supplies San Diego/Orange Fluid System Technologies, Inc. 29400 1,645.39 Repair&Maintenance Services and/or Supplies Sancon Engineering, Inc. 29094 70,641.00 Repair&Maintenance Services and/or Supplies Sancon Engineering, Inc. 29577 8,725.00 Repair&Maintenance Services and/or Supplies SAP America, Inc. 29095 40,195.40 Computer Applications&Services SARBS 29227 125.00 Professional Organizations&Meeting/Training Registration SARBS 29401 125.00 Professional Organizations&Meeting/Training Registration SARBS 29448 125.00 Professional Organizations&Meeting/Training Registration SARBS 29628 125.00 Professional Organizations&Meeting/Training Registration SAWPA(Santa Ana Water Protection Agency) 29402 10,000.00 Governmental Agency Fees&Charges Schwing Bioset 29228 17,981.77 Repair&Maintenance Services and/or Supplies Scientific Refrigeration 29404 291.00 Repair&Maintenance Services and/or Supplies Sea Bird Electronics, Inc. 29229 821.00 Laboratory Services&Supplies Sewer Equipment Company of America 29406 547.05 Repair&Maintenance Services and/or Supplies Shamrock Supply Co., Inc. 29230 2,632.41 Repair&Maintenance Services and/or Supplies Shamrock Supply Co., Inc. 29407 3,167.48 Repair&Maintenance Services and/or Supplies Shamrock Supply Co., Inc. 29578 84.40 Repair&Maintenance Services and/or Supplies Shimmick Construction Co., Inc. 29467 106,489.80 Construction Shureluck Sales&Engineering 29231 317.44 Repair&Maintenance Services and/or Supplies Shureluck Sales&Engineering 29579 2,288.33 Repair&Maintenance Services and/or Supplies Siemens Water Technologies Corp. 29232 338.69 Repair&Maintenance Services and/or Supplies Siemens Water Technologies Corp. 29408 1,297.22 Repair&Maintenance Services and/or Supplies Siemens Water Technologies Corp. 29580 65.54 Repair&Maintenance Services and/or Supplies Simon L.Watson 29443 150.00 Meeting/Training Expense Reimbursement SKC West, Inc. 29409 346.30 Laboratory Services&Supplies SkillPath Seminars 29233 183.08 Professional Organization&Meeting/Training Registration EXHIBIT B fin/210/Ic Page 10 of 14 4/13/2010 Claims Paid From 03/16/10 to 03/31/10 Vendor Warrant No. Amount Description SkillPath Seminars 29410 1,197.00 Professional Organization&Meeting/Training Registration Smardan Supply Company 29234 174.26 Repair&Maintenance Services and/or Supplies Smardan Supply Company 29411 95.48 Repair&Maintenance Services and/or Supplies Smardan Supply Company 29581 258.45 Repair&Maintenance Services and/or Supplies Smead Manufacturing Company 29250 1,530.00 Computers, Software/Hardware Smurfit-Stone Container Enterprises, Inc 29627 4,756.03 Reconciliation User Fee Refund Program So. Cal Gas Company 29235 23,867.73 Utilities South Coast Environmental Co. 29403 8,246.11 Professional Services-Air Quality Monitoring Southern California Edison 29236 1,452.40 Utilities Southern California Edison 29299 231,343.85 Utilities Southern California Edison 29460 66,373.69 Utilities Southern Counties Lubricants 29237 3,502.39 Fuel and Lubricants Sparkletts 29238 464.40 Miscellaneous Services Sparkletts 29412 1,433.65 Miscellaneous Supplies Sparling Instruments, Inc. 29239 4,929.47 Electrical/Electronic Equipment, Parts&Repairs Specialized Equipment Services, Inc. 29582 1,961.76 Repair&Maintenance Services and/or Supplies SPEX Certiprep, Inc. 29240 467.60 Laboratory Services&Supplies SPEX Certiprep, Inc. 29583 106.50 Laboratory Services&Supplies Stanley Steamer International, Inc. 29241 2,265.00 Janitor&Household Service&Supplies Stanley Steamer International, Inc. 29584 586.20 Janitor&Household Service&Supplies Summit Steel 29242 7,345.57 Repair&Maintenance Services and/or Supplies Summit Steel 29585 1,067.47 Repair&Maintenance Services and/or Supplies Sunset Ford 29243 402.32 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Sunset Ford 29586 1,325.42 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Sunset Industrial Parts 29244 3,631.75 Repair&Maintenance Services and/or Supplies Sunset Industrial Parts 29413 1,570.90 Repair&Maintenance Services and/or Supplies Sunset Industrial Parts 29587 960.87 Repair&Maintenance Services and/or Supplies Super Chem Corporation 29245 793.88 Repair&Maintenance Services and/or Supplies Synagro West, Inc. 29461 502,610.68 Biosolids Management Systea Scientific, L.L.C. 29588 72.62 Laboratory Services&Supplies Talon Executive Services, Inc. 29246 8,342.40 Professional Services-Human Resources TCH Associates, Inc. 29247 3,818.84 Laboratory Services&Supplies TekSystems 29414 2,491.88 Professional Services/Temporary Services Teldata Enterprise Networks 29589 391.50 Computers,Software/Hardware Teledyne RD Instruments, Inc. 29415 1,119.40 Laboratory Services&Supplies Terra Renewal, L.L.C. 29300 65,725.92 Grit&Screenings Disposal Terra Renewal, L.L.C. 29590 20,089.88 Grit&Screenings Disposal Terry A. Matthews 29438 1,020.05 Meeting/Training Expense Reimbursement TestAmerica Ontario 29248 1,939.00 Laboratory Services&Supplies TestAmerica Ontario 29591 282.00 Laboratory Services&Supplies The Clock Sales and Service Co., Inc. 29253 108.59 Repair&Maintenance Services and/or Supplies The Fire X-Tinguisher Service Co. 29508 184.00 Safety,Security, Health Equipment,Supplies,and Services The Integration Works, L.L.C. 29249 1,602.00 Repair&Maintenance Services and/or Supplies EXHIBIT B fin/210/Ic Page 11 of 14 4/13/2010 Claims Paid From 03/16/10 to 03/31/10 Vendor Warrant No. Amount Description The Orange County Register 29200 2,096.00 Notices&Ads The Standard Insurance Company 29592 2,592.67 Disability Insurance The Unisource Corporation 29420 763.43 Paper&Office Supplies The Walking Man, Inc. 29251 940.00 Miscellaneous Services Thermo Electron North America, L.L.C. 29593 1,108.60 Laboratory Services&Supplies Thomas Gray&Assoc. 29594 4,700.00 Professional Services-Hazardous Waste Disposal Thompson Industrial Supply, Inc. 29096 30,845.32 Repair&Maintenance Services and/or Supplies Thompson Industrial Supply, Inc. 29416 11,344.95 Repair&Maintenance Services and/or Supplies Thompson Industrial Supply, Inc. 29595 3,045.72 Repair&Maintenance Services and/or Supplies Tiano Construction 29252 1,400.00 Facilities, Maintenance, Services&Supplies Tiano Construction 29596 7,960.00 Facilities, Maintenance, Services&Supplies Time Warner Communications 29597 51.98 Telecommunications Tod E. Haynes 29281 125.00 Meeting/Training Expense Reimbursement Todd Painting, Inc. 29254 2,540.00 Painting Services and Supplies Tom B. Meregillano 29439 371.02 Meeting/Training Expense Reimbursement Tony's Lock&Safe Service&Sales 29255 2,263.74 Repair&Maintenance Services and/or Supplies Tony's Lock&Safe Service&Sales 29598 487.92 Repair&Maintenance Services and/or Supplies Townsend Public Affairs 29256 7,500.00 Professional Services-State Advocacy Traffic Control Service, Inc. 29257 405.80 Safety, Security, Health Equipment, Supplies,and Services Traffic Control Service, Inc. 29599 236.64 Safety, Security, Health Equipment, Supplies,and Services Tremco Incorporated 29258 1,549.38 Repair&Maintenance Services and/or Supplies Truck&Auto Supply, Inc. 29417 114.25 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Truck&Auto Supply, Inc. 29600 214.35 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Tule Ranch/Magan Farms 29097 81,720.21 Biosolids Management Tule Ranch/Magan Farms 29462 82,137.28 Biosolids Management TW Telecom Holdings, Inc. 29418 7,472.94 Telecommunications U Line 29601 355.65 Miscellaneous Parts and Supplies Ultra Scientific 29419 291.52 Laboratory Services&Supplies Underground Service Alert of So. Calif 29259 1,416.00 Professional Services-Dig Alert Notification Service United Parcel Service 29260 122.80 Freight Services United Parcel Service 29421 955.38 Freight Services United Parcel Service 29449 16.67 Freight Services United Parcel Service 29602 65.89 Freight Services United Power Service, Inc. 29261 1,495.11 Electrical/Electronic Equipment, Parts&Repairs United Power Service, Inc. 29603 739.04 Electrical/Electronic Equipment, Parts&Repairs URS Corporation 29262 5,500.00 Professional Services-NPDES Audit US Equipment Co., Inc. 29604 3,167.49 Repair&Maintenance Services and/or Supplies US Peroxide, L.L.C. 29301 215,871.63 Chemicals,Water/Wastewater Treatment US Peroxide, L.L.C. 29605 22,457.17 Chemicals,Water/Wastewater Treatment USA Mobility Wireless, Inc. 29263 661.02 Telecommunications Valin Corporation 29422 3,392.81 Repair&Maintenance Services and/or Supplies Vapex Products, Inc. 29423 4,265.15 Electrical/Electronic Equipment, Parts&Repairs Verizon California 29424 49.91 Telecommunications EXHIBIT B fin/210/Ic Page 12 of 14 4/13/2010 Claims Paid From 03/16/10 to 03/31/10 Vendor Warrant No. Amount Description Verizon California 29606 819.03 Telecommunications Verizon Wireless 29607 720.20 Telecommunications Verne's Plumbing 29264 505.00 Plumbing Services&Supplies Verne's Plumbing 29608 2,402.50 Plumbing Services&Supplies Victoria L. Francis 29436 1,011.90 Meeting/Training Expense Reimbursement Victoria Pilko 29284 125.00 Meeting/Training Expense Reimbursement Village Nurseries 29609 167.35 Repair&Maintenance Services and/or Supplies Voided Check 29099 - - Voided Check 29100 - - Vortex Corp. 29265 547.00 Repair&Maintenance Services and/or Supplies Vortex Corp. 29610 1,235.46 Repair&Maintenance Services and/or Supplies Voyager Fleet Systems, Inc. 29266 21,342.16 Fuel Card Program VWR Scientific Products 29425 3,667.58 Laboratory Services&Supplies VWR Scientific Products 29611 7,220.24 Laboratory Services&Supplies Water Education Foundation 29426 4,000.00 Professional Organization&Meeting/Training Registration Water Environment Federation 29267 1,496.00 Professional Organizations Meeting/Training/Memberships Water Environment Federation 29268 12,550.00 Professional Services-EMS Interim Audit Water Environment Federation 29427 571.00 Professional Organizations Meeting/Training/Memberships Water Environment Federation 29612 1,496.00 Professional Organizations Meeting/Training/Memberships Waxie Sanitary Supply 29269 73.95 Janitor&Household Service&Supplies Weck Laboratories, Inc. 29270 16.00 Laboratory Services&Supplies Wells Fargo Bank Escrow 23518600 29105 149,302.20 Construction West Lite Supply Company, Inc. 29271 40.03 Electrical/Electronic Equipment, Parts&Repairs West Lite Supply Company, Inc. 29428 38.66 Electrical/Electronic Equipment, Parts&Repairs West Marine Prodicts, Inc.dba Port Supply 29561 469.68 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Western States Controls 29429 2,607.84 Electrical/Electronic Equipment, Parts&Repairs Westland Engineering C/O API BASCO 29481 8,306.77 Mechanical Parts&Supplies William Sinchak 29626 947.61 User Fee Refund Re Septic Tanks Woodruff Spradlin&Smart 29463 109,629.46 Professional Services-Legal Workforce Software, Inc. 29430 350.00 Computer Applications and Services WorldatWork 29272 495.00 Professional Organization&Meeting/Training Registration WorldatWork 29613 1,125.00 Professional Organization&Meeting/Training Registration WPL Publishing 29614 246.00 Professional Organizations Meeting/Training/Memberships Xerox Corporation 29273 89.64 Computers,Software/Hardware&Managed Services Xerox Corporation 29615 19,493.63 Computers,Software/Hardware&Managed Services Y.J.Shao 29285 125.00 Meeting/Training Expense Reimbursement Yale/Chase Materials Handling, Inc. 29274 365.35 Electrical/Electronic Equipment,&Electric Cart Parts&Repairs Yeom Choi 29279 187.50 Meeting/Training Expense Reimbursement 1-800-Conference(R) 29275 38.93 Telecommunications 24 Carrots 29432 525.27 Meeting Expenses Total Accounts Payable-Warrants $ 16,946,405.09 EXHIBIT B fin/210/Ic Page 13 of 14 4/13/2010 Claims Paid From 03/16/10 to 03/31/10 Vendor Warrant No. Amount Description Payroll Disbursements Employee Paychecks 44324 - 44374 $ 106,912.53 Biweekly Payroll(03/24/10) Employee Paychecks 44375 - 44378 6,596.89 Interim Payroll-Voided Direct Deposit, IDEA&Retro(03/24/10) Employee Paychecks 44379 - 44385 47,765.67 Interim Payroll-Retirements&Leave Payouts(03/25/10) Direct Deposit Statements 185433 -186006 1,403,781.63 Biweekly Payroll(03/24/10) Total Payroll Disbursements $ 1,565,056.72 Wire Transfer Payments OCSD Payroll Taxes&Contributions $ 819,349.76 Biweekly Payroll(03/24/10) J. F.Shea Construction, Inc. 3,270,863.68 Construction Progress Payment Re Job No. P2-90(03/18/10) Kiewitt/Mass,A Joint Venture 1,343,719.80 Construction Progress Payment Re Job No.5-49(0318/10) Total Wire Transfer Payments $ 5,433,933.24 Total Claims Paid 03/16/10 -03/31/10 $ 23,945,395.05 EXHIBIT B fin/210/Ic Page 14 of 14 4/13/2010 BOARD OF DIRECTORS Meeting Date To Bd. of Dir. 04/28/10 AGENDA REPORT Item Number Item Number 3 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering GENERAL MANAGER'S RECOMMENDATION Approve Agreement with the City of Fountain Valley for Permitting Improvements of the Orange County Sanitation District within the City of Fountain Valley, in a form approved by General Counsel. SUMMARY The Orange County Sanitation District (Sanitation District) is required to obtain building permits from the City of Fountain Valley (City) for construction of certain projects pursuant to the 1993 Specific Plan adopted by the City and the Sanitation District. The Sanitation District is in the process of implementing projects to bring the entire site into compliance with Title 24 California Physical Access Requirements. These engineering plans will be submitted in about one year. The Sanitation District also needs building permits for various maintenance improvements during the next year. In order for the Building Official to issue building permits for these various maintenance projects, the City has requested that the Sanitation District enter into an Agreement stating that the Sanitation District will indemnify the City for any liability associated with outstanding improvements needed to comply with the Title 24 California Physical Access Requirements at the Sanitation District's Fountain Valley site. The requested agreement also commits the Sanitation District to a timeline for the project to bring the entire site into compliance with Title 24 California Physical Access Requirements. The estimated construction cost to bring the site into compliance is $6,000,000 over the next eight years. PRIOR COMMITTEE/BOARD ACTIONS None ADDITIONAL INFORMATION The various maintenance projects to be submitted to the City in the next year include: Page 1 1. Fume Hood Addition in Laboratory 2. Facilities Engineering Trailer Improvements 3. Emergency Lighting and Exit Signs in Buildings 4. HR Building Concrete Floor Repair 5. Contracts Trailer Removal 6. Admin Bldg Landscaping 7. Kitchen Vent Upgrades 8. Lab Bldg 2nd Floor Cubicle Additions (Electrical +) 9. Lab Metals Room Floor Repair (Room 231) 10. Control Center Landscape Improvements 11. Admin Bldg Office Room Enclosure 12. Purchasing Building Sanitary Drain System Replacement 13. Lab Bldg Water Repipe 14. Roof Repairs 15. Several other small office and building repairs The timeline for the project to bring the entire site into compliance with Title 24 California Physical Access Requirements is as follows: 1. Administrative Building — June 2012 2. Human Resources — December 2012 3. Laboratory— June 2013 4. Shop A and Paint Shop — December 2013 5. Buildings 5 and 6 — June 2014 6. Body Shop — June 2015 7. Purchasing, Warehouse, Building 4 — June 2016 8. Trailer 42 — June 2017 9. Engineering Trailer Complex— June 2018 The schedule will allow for staff to be relocated during the construction activities in each of the buildings to limit the disruption to the operation of the treatment plant. CEQA The construction activities are categorically exempt under CEQA because they consist of the minor alteration of existing structures, involving no expansion of use. Specifically, the project will involve activities under Section 15301(a) that include the interior and exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. A Notice of Exemption will be filed with the County of Orange. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District's Delegation of Authority. JDH:JB:gc H:\ntglobal\Agenda Draft Reports\Board of Directors\City of Fountain Valley Agreement-042810.docx Page 2 STEERING COMMITTEE Meeting Date To Bd. of Dir. 04/28/09 04/28/10 AGENDA REPORT Item Number Item Number 2 5 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Lorenzo Tyner, Director of Finance and Administrative Services GENERAL MANAGER'S RECOMMENDATION Approve the Irvine Ranch Water District (IRWD) (As Successor to County Sanitation District No. 14) Solids Agreement transferring IRWD solids to the OCSD Wastewater System and reimbursing OCSD for its costs, in a form approved by General Counsel. SUMMARY IRWD collects wastewater from homes and business within its boundaries and transfers some of the collected wastewater to the OCSD System for treatment and disposal. IRWD also owns and operates the Michelson Water Recycling Plant ("MWRP"). The MWRP treats the wastewater generated within IRWD's boundaries that is not transferred to the OCSD Wastewater System, and produces reclaimed water for use within IRWD's boundaries. The MWRP does not currently have the capability to handle, treat, and dispose of wastewater solids residuals ("Solids"). IRWD currently transfers Solids from the MWRP to the OCSD Wastewater Treatment for further handling, treatment, and disposal. IRWD has decided to construct the necessary improvements at the MWRP so that the MWRP will be able to handle, treat, and dispose of Solids. IRWD anticipates that such facilities will be complete as early as 2014, but not later than 2016. These new MWRP facilities will eliminate the need for IRWD to transfer Solids to the OCSD Wastewater System, except when the MWRP Solids processing facilities may be shut down due to an emergency. Pending the completion of the proposed MWRP Solids handling facilities, IRWD will need to continue discharging wastewater solids residuals to the OCSD Wastewater System on an interim basis. This agreement sets forth the terms and conditions by which IRWD will reimburse OCSD for the costs associated with these activities. PRIOR COMMITTEE/BOARD ACTION None. Page 1 ADDITIONAL INFORMATION Prior OCSD/IRWD agreements establish the requirements governing IRWD's transfer of Solids to the OCSD Wastewater System. Under these agreements, IRWD may not transfer Solids to OCSD unless and until the transfer is approved in advance by OCSD. Prior to approving this transfer, OCSD must consider the impacts of any proposed transfer through engineering studies and other studies. If the studies, or subsequent experience, demonstrate that the transfer of Solids from IRWD to the OCSD System will create problems or require additional costs, then OCSD may place conditions on any such transfer, establish charges for any such transfer, or prohibit transfer of Solids altogether. IRWD has decided to construct the necessary improvements at the MWRP so that the MWRP will be able to handle, treat, and dispose of Solids. IRWD anticipates that such facilities will be complete as early as 2014, but not later than 2016. These new MWRP facilities will eliminate the need for IRWD to transfer Solids to the OCSD Wastewater System, except when the MWRP Solids processing facilities may be shut down due to an emergency. Pending the completion of the proposed MWRP Solids handling facilities, IRWD will need to continue discharging wastewater solids residuals to the OCSD Wastewater System on an interim basis. OCSD has determined that the terms and conditions governing IRWD's transfer of Solids to the OCSD Wastewater System must be reevaluated because (1) the OCSD Wastewater System has changed considerably since 1986; and, (2) the findings and recommendations set forth in the Montgomery Report are significantly outdated. To that end, the Parties jointly retained the engineering firm Carollo Engineers to determine the equitable cost-of-service and resulting rate structure that should apply to the handling, treatment, and disposal of Solids transferred from IRWD to the OCSD Wastewater System until the MWRP is complete. Carollo Engineers prepared a report setting forth its findings entitled, "IRWD/OCSD Biosolids Cost Study" (June 2009) (the "Carollo Report'). OCSD and IRWD have reviewed the Carollo Report and agree that the methodologies set forth therein for determining the costs of handling, treating, and disposing of Solids are equitable. This Agreement is intended to implement Section 8 of the January 1986 Agreement and Section 7 of the February 1986 Agreement by establishing the conditions by which OCSD will allow IRWD to transfer wastewater solids residuals to the OCSD Wastewater System during the interim period until the new MWRP Solids handling facilities are constructed. CEQA N/A Page 2 BUDGET / DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District's Delegation of Authority. Date of Approval Contract Amount Contingency N/A N/A N/A ATTACHMENT N/A Page 3 OPERATIONS COMMITTEE Meeting Date To Bd.of Dir. 04/07/10 04/28/10 AGENDA REPORT Item Number Item Number 2 7 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Nick Arhontes, Director of Operations and Maintenance GENERAL MANAGER'S RECOMMENDATION 1. Approve Change Order No. 1 to Purchase Order No. 103530-OB issued to Jamison Engineering Contractors, Inc. for On-Call Contractor Support Services, Specification No. CS-2009-40313D, for the period July 1, 2009 through June 30, 2010, authorizing an additional amount of $97,957.33, increasing the total annual amount not to exceed $350,000; 2. Approve Change Order No. 2 to Purchase Order No. 103530-OB issued to Jamison Engineering Contractors, Inc. for On-Call Contractor Support Services, Specification No. CS-2009-40313D, for the period July 1, 2010 through June 30, 2011, authorizing an additional amount of $247,957.33, increasing the total annual amount not to exceed $500,000.00; and, 3. Approve a contingency for the period July 1, 2010 through June 30, 2011, of $50,000 (10%). SUMMARY Gathering condition assessment information on our infrastructure is necessary to effectively manage and safely maintain Orange County Sanitation District (OCSD's) assets. Remotely operated Closed Circuit TV (CCTV) is used in our sanitary sewers to quickly gather information. On occasion personal entry is required to gain added data as a result of the CCTV findings. This is typically performed on medium and large diameter sewers and facilities where physical entry is possible. When the data being gathered indicates damage to the concrete or other materials, repairs are then needed to extend short-term life. Work is performed and inspected to OCSD's Engineering standards. Expanding this work through this change will allow contractor's staff to then proceed and perform a repair as a part of the investigative work. This is both time and business efficient. Staff recommends this change. Contract administration costs have been reduced by performing many assessments under this contract rather than procuring separate contracts for multiple tasks. Facilitating minor repairs typically requires the same amount of planning and support as an assessment project, including confined-space entry support, traffic control, and flow diversions. Therefore, performing as many minor repairs as possible during the assessment work, as opposed to hiring a separate contractor to mobilize and conduct repairs, will allow for a cost savings to OCSD. Form No.DW-102.2 Revised: 01/11/2010 Page 1 Two major trunkline sewer assessments will begin in FY 09-10 and conclude in FY 10- 11. To prevent a disruption in the project schedule, which will affect the capital project schedule, these change orders are requested. A new request for proposal (RFP) process will occur in the spring of 2011 so a new contract can be awarded in July 2011 for FY 11-12 and beyond. Assessing conditions also helps develop better scopes of work for the Capital Improvement Projects process, which is used to rehabilitate or replace the assets for the intended long-term use. PRIOR COMMITTEE/BOARD ACTIONS April 2009 - Approve a Purchase Agreement with Jamison Engineering Contractors, Inc. for On-Call Contractor Support Services, Specification CS-2009-403BD, for the period July 1 , 2009 through June 30, 2010 for a total annual amount not to exceed $229,129.70, with four one-year renewable options, and an annual contingency of $22,912.97 (10%). ADDITIONAL INFORMATION ( Management of corrosion is a critical part of the services that OCSD provides to protect public health and the environment. In 2002, OCSD staff determined that a program to improve prediction, control, and prevention of corrosion would improve OCSD's efficiency and effectiveness in asset management. As a result, staff recommended and the Board approved SP-68-1 , Corrosion Management. ( One objective of Corrosion Management is to implement and maintain a comprehensive program to manage the corrosion of OCSD's assets. The program includes performing assessments for programmatic needs, identifying corrosion risk, condition assessment, developing alternative evaluations and maintenance strategies, and developing support documents to implement the preferred alternatives for repair, rehabilitation, or replacement. The ultimate goal of Corrosion Management is to optimize life extension and life cycle cost for OCSD's assets while maintaining an acceptable level of service. This effective management of OCSD assets begins with the critical step of gathering assessment information on its infrastructure. ( The requests for proposals were received on March 11 , 2009. OCSD received proposals from Jamison Engineering Contractors, Inc. and Sancon Engineering, Inc. A five-member panel reviewed, evaluated, and ranked the proposals based upon the following three categories: 1) qualifications, related experience and references, 2) proposed staffing and project organization, and 3) cost and price. Staff reviewed and ranked the proposals and Jamison Engineering Contractors, Inc. was the top-ranked proposer by all reviewers. OCSD staff continues to have favorable experience with Jamison Engineering Contractors, Inc. ( Staff recommends approval of an increase in the contract amount with Jamison Engineering Contractors, Inc. for a total amount not to exceed $500,000.00 per year for the current contract period (July 2010 — June 2011) with an annual Form No.DW-102.2 Revised: 01/11/2010 Page 2 contingency of 10% if needed to account for inflation and unforeseen field conditions. CEQA N/A BUDGET / DELEGATION OF AUTHORITY COMPLIANCE This Purchase Agreement complies with authority levels of OCSD's Delegation of Authority. The selection process was conducted in accordance with OCSD's adopted policies and procedures. This assessment work has been budgeted under SP-68-1, Corrosion Management: Section 8, Page 74 and the repair tasks have been budgeted under Collection Facilities Operations and Maintenance, Repairs and Maintenance: Section 6, Page 84, and Mechanical and Reliability Maintenance, Repairs and Maintenance: Section 6, Page 104. Date of Approval Contract Amount Contingency 4/22/09 $229,129.70 $22,912.97 (10%) 4/28/10 $97,957.33 4/28/10 $500,000.00 (FY10-11) $50,000.00 (10%) H:\dept\agenda\Operations Committee\Operations 2010\0410\05.CS-2009-403BD.docx Form No.DW-102.2 Revised: 01/11/2010 Page 3 OPERATIONS COMMITTEE Meeting Date To Bd. of Dir. 04/07/10 04/28/10 AGENDA REPORT Item Number Item Number 3 8 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering Project Manager: Christopher MacLeod GENERAL MANAGER'S RECOMMENDATION 1. Approve plans and specifications for the P1 Outfall Pipeline Disconnects at Scrubber Overflow, Project No. FE03-42, on file at the office of the Clerk of the Board; 2. Receive and file bid tabulation and recommendation; 3. Reject low bid from Mike Prlich and Sons, Inc. as "Nonresponsive" due to its failure to provide the information required under Public Contract Code §4100 et seq. in its Bid; 4. Award a Construction Contract to Engineering/Remediation Resources Group, Inc. for P1 Outfall Pipeline Disconnects at Scrubber Overflow, Project No. FE03-42, for a total amount not to exceed $93,730; and, 5. Approve a contingency of $23,430 (25%). SUMMARY This project will construct facilities at Plant No. 1 to disconnect two area and process drain lines currently connected to the ocean outfall system near the Plant No. 1 dewatering scrubbers. The Construction Contract includes underground bypass pipelines, small catch basins, small diameter above ground drain piping, and asphalt concrete removal and replacement. Staff completed the plans and specifications for Project No. FE03-42 in December 2009. Nine sealed bids were received on February 9, 2010. Summary information on the bid opening for Project No. FE03-42 is as follows: Project Budget $ 601,275 Construction Contract Budget $ 156,000 Engineer's Estimate $ 130,000 Lowest Responsive, Responsible Bid: $ 93,730 High Bid: $ 144,300 Form No.DW-102.2 Revised: 01/11/2010 Page 1 Staff completed their Construction Cost Opinion in July 2009. The lowest Responsible Responsive bid was lower than the Engineer's Estimate and was within the estimated value range of $90,000 to $130,000 per the Construction Cost Opinion. PRIOR COMMITTEE/BOARD ACTIONS None ADDITIONAL INFORMATION The facilities constructed by this project are necessary for operation until proposed digester improvements are constructed under Job No. P1-101 in 2015. This project constructs temporary bypass pipelines for foul air scrubbers and belt press drain lines connected to the 66-inch diameter primary effluent line in accordance with direction from the Regional Water Quality Control Board. Drain lines connected to the primary effluent line have the potential to adversely impact the monitoring program and effluent quality. The bypass lines will re-route the drain lines to the filtrate pump station to return them to the plant process stream. Bidder Amount of Bid 1. Mike Prlich and Sons, Inc. $ 76,000 2. Engineering/Remediation Resources Group, Inc. $ 93,730 3. MMC, Inc. $ 95,101 4. Maintenance Turnaround Services, Inc. $ 95,500 5. AToM Engineering Construction $ 97,979 6. 4-Con Engineering, Inc. $105,500 7. TTS Engineering, Inc. $125,000 8. Caliagua, Inc. $126,000 9. S.S. Mechanical Corp. $144,300 Mike Prlich and Sons, Inc was determined nonresponsive based on: BF-4.A, LIST OF CURRENT AND COMPLETED PROJECTS — The type of experience, and the Bidder's role for each project listed was omitted. BF-4.C, FINANCIAL INFORMATION — The dates and financial information are in reverse sequence. BF-6, BIDDER'S INDUSTRIAL SAFETY RECORD — Copies of Bidder's OSHA 300/300A Logs and Summaries used to determine work related injuries and illnesses for each of the last three years were omitted. Form No.DW-102.2 Revised: 01/11/2010 Page 2 On February 11, 2010, a Request for Clarification was sent to the Bidder inquiring about its obligation to keep OSHA injury and illness records as required by California Code of Regulations, Title 8, Section 14300. The Bidder responded the same day indicating it is not exempt from keeping injury and illness records as indicated above and, therefore, its Bid has been rejected as nonresponsive for having omitted the required OSHA 300/300A Logs and Summaries. Also on two previous occasions, debriefing letters were sent to the Bidder identifying irregularities in its Bids pertaining to previous solicitations and it was identified that the Bidder had omitted the required OSHA 300/300A Logs and Summaries. CEQA A Notice of Exemption was filed for this project on March 7, 2007. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted, Budget Update Fiscal Year 2009-10 (Page A-11, Item No. 100) and the budget is sufficient for the recommended action. Date of Approval Contract Amount Contingency 04/28/10 $93,730 $23,430 (25%) JH:CM:ct H:\dept\agenda\Operations Comm ittee\Operations 2010\0410\06.FE03-42.docx Form No.DW-102.2 Revised: 01/11/2010 Page 3 OPERATIONS COMMITTEE Meeting Date To 04/07/10 04/24/28/10/10 AGENDA REPORT Item Number Item Number 4 9 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: James D. Herberg CIP Project Manager: Christopher MacLeod GENERAL MANAGER'S RECOMMENDATION Approve a contingency increase of $76,050 (23%) to the Professional Design Services Agreement with MVA Architects, Inc. for North County Collections Yard, Contract No. 15-04, providing for design services for a total contingency of $125,648 (38%). SUMMARY MVA Architects, Inc. (MVA) has completed 70% level design submittal for the North County Collection Yard, Contract No. 15-04. Prior to this submittal, Staff requested MVA suspend design efforts to evaluate additional site alternatives. Staff presented a report on the additional site alternatives at the October 2009 Steering Committee Meeting. Staff then presented a subsequent written report at the November 2009 meeting. During the preparation of the detailed design, new information required additional design work. This work was not included in the original scope of work. The alternatives report and the results of the design submittal review prompted MVA to request an amendment to the Professional Design Service Agreement (PDSA). Staff requested a cost proposal from MVA for modifications to the scope of work for items needing clarification for proper inclusion into the project. The additional fee for this design work is $78,000; therefore staff is requesting an additional 23% contingency to cover these costs. PRIOR COMMITTEE/BOARD ACTIONS February 2008 — Board approved Amendment No. 2 to PDSA with MVA Architects, Inc. for an amount of $245,650, increasing the total amount not to exceed $330,650, including a contingency of $49,598 (15%) Form No.DW-102 Revised: 01/11/10 Page 1 ADDITIONAL INFORMATION The total additional fee for the study work as well as the design revisions equates to $78,000 and is described in the tasks described below: Site Grading and Drainage Revisions and Geotechnical Work ($26,000) — This additional work effort includes changes to the overall site grading, accommodating railroad and pavement for truck access, and changes to the landscaping and bio- swale designs for storm water management. Design Changes ($16,500) — This effort includes adjusting the building floor for drains, and preparation of an alternatives report on using the existing site. Revisions to Construction Drawings ($23,000) — This additional work includes relocating the truck wash, structural design changes for grading and floor changes, emergency power switchover equipment, security requirements, and information technology facilities. Perimeter fence and gate access changes were also required due to elevation and pavement changes. Project Meetings ($6,000) —Additional project team meetings are required due to the evaluation of additional alternatives. Conditional Use Permit Revisions ($6,500) — This effort includes preparation of required plans for adjustments in site grading, drainage, and storm water management. CEQA A Notice of Exemption was filed on February 10, 2010. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted. (FY2009-10 Budget Update, Line item: 35, Appendix, Page A-8). Date of Approval Contract Amount Cant aaffl v 02/27/08 $330,650 $ 49,598 (15%) 04/28/10 $ 76,050 (23%) $125,648 (38%) Total H:\dept\agenda\Operations Comm ittee\Operations 2010\0410\07.15-04 Contingency.docx Form No.DW-102 Revised: 01/11/10 Page 2 OPERATIONS COMMITTEE Meeting Date To Bd.of Dir. 04/07/10 04/28/10 AGENDA REPORT Item Number Item Number 5 10 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering CIP Project Manager: Hardat Khublall GENERAL MANAGER'S RECOMMENDATION 1. Approve Amendment No. 3 to the Professional Services Agreement with Tetra Tech, Inc., providing for additional engineering services for Gisler-Redhill Trunk Improvements, Reach B, Contract No. 7-37, for an additional amount of $350,000, increasing the total amount not to exceed $905,779; and, 2. Approve a contingency of $45,289 (5%). SUMMARY The Orange County Sanitation District's (Sanitation District) 1999 Strategic Plan identified the Gisler-Redhill Trunk Improvements, Reach B, Contract No. 7-37, to be hydraulically deficient. Recently conducted flow monitoring has confirmed that the sewer is flowing approximately 90% full, indicating that peak flows could exceed the capacity of the pipeline. The original project scope of work includes constructing a parallel interceptor line to increase capacity. Upon completion of design, plan check submittals were made to the City of Tustin (City) at which time concerns were raised regarding the impacts the project would have on the community. A request was made by the City for the Sanitation District to hold off on the project and to look into alternative means to improve the hydraulic deficiencies in the sewer system. Following several subsequent meetings with the City and Sanitation District staff, a reduced scope of work including rehabilitation of the existing Gisler-Redhill Trunk Sewer and construction of a cross-over sewer to maximize capacity of the existing system was presented and accepted by the City. This alternate approach will save an estimated $8,300,000 in construction costs. This amendment is to provide additional engineering design services to prepare plans and specifications for the revised project scope of work. Form No.DW-102.2 Agenda Report—Board Revised: 09/01/2009 Page 1 PRIOR COMMITTEE/BOARD ACTIONS November 2005 —Approval of Amendment No. 2 to the Professional Service Agreement with Tetra Tech, Inc. for $194,400, increasing the total amount not to exceed $555,780. October 2003 — Approval of Amendment No. 1 to the Professional Service Agreement with Tetra Tech, Inc. for $24,500, increasing the total amount not to exceed $361,380. November 2001 —Approval of Professional Services Agreement with Tetra Tech, Inc. for a total amount not to exceed $336,880. ADDITIONAL INFORMATION The original scope of work for this project included rehabilitation of the Gisler-Redhill Trunk Sewer along Redhill Avenue, and construction of a parallel sewer line at a cost of $13,300,300. This project was designed to approximately 90% complete plans and specifications when the City became very concerned and objected to its construction, citing the tremendous impacts the project would have on the Redhill Avenue traffic. The City requested the Sanitation District pursue other alternatives that would avoid severe impacts to Redhill Avenue. The Sanitation District placed the project on hold and evaluated several other alternatives. Following several meetings with the City and Sanitation District staff, a project with a reduced scope of work was presented and accepted at an estimated cost of $5,000,000. This amendment will authorize the design consultant to proceed with this alternative design. CEQA This project was included in the 1999 Strategic Plan Program EIR, certified on October 27, 1999. A Notice of Determination was filed on October 29, 1999. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE There is no increase to the project budget being requested and the budget is sufficient for the recommended action. (Line Item: FY 9/10 Update, Page A-7, Item 27). This project did not include a contingency for General Manager to authorize amendments in accordance with the current Delegation of Authority. As a consequence, this amendment is being recommended to the Committee/Board for approval. Date of Approval Contract Amount Contingency 11/16/05 $555,779 N/A 04/28/10 $905,779 $45,289 (5%) $45,289 (5%) Total JH:HK:eh H:\dept\agenda\Operations Comm ittee\Operations 2010\0410\08.7-37 Tetra Tech.docx Form No.DW-102.2 Agenda Report—Board Revised: 09/01/2009 Page 2 OPERATIONS COMMITTEE Meeting Date To Bd. of Dir. 04/07/10 04/28/10 AGENDA REPORT Item Number Item Number 6 11 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering CIP Project Manager: Martin Dix GENERAL MANAGER'S RECOMMENDATION Approve a contingency increase of $84,000 (6%) to the construction contract with Colich and Sons, Inc., for Bayside Drive Improvement, Contract No. 5-61, for a total contingency of $168,000 (12%). SUMMARY The Orange County Sanitation District's (Sanitation District) Bayside Drive Improvement Project will rehabilitate a portion of the Bayside Drive Trunk Sewer by installing a structural-cured, in-place lining, and relining existing manholes as necessary. Through a Reimbursement Agreement with the City of Newport Beach (City), this project will also simultaneously rehabilitate a city sewer tributary to the Bayside Drive Trunk Sewer. By contract, a portion of the City's sewer was to be cleaned and relined; however, during the course of construction, replacement of the City sewer was required resulting in significant additional costs. Change orders to the City sewer are estimated at $20,000. The Sanitation District will be reimbursed by the City for this additional cost. The project is 30% complete and in order to be able to cover any further unexpected field conditions or interferences, staff has determined that the contingency budget of 6% is inadequate and requests an additional contingency of $84,000 (6%), for a total project contingency of $168,000 (12%). PRIOR COMMITTEE/BOARD ACTIONS November 2009 —Approved a reimbursement agreement with the City of Newport Beach for construction of the Bayside Drive Improvement Project, in a form approved by General Counsel. August 2009 — Approved Plans and Specifications for Bayside Drive Improvement, Contract No. 5-61; approved Addendum Nos. 1 , 2, and 3 to the plans and specifications; received and filed bid tabulation and recommendation; awarded a construction contract with Colich & Sons, L.P., for Bayside Drive Improvement, Contract No. 5-61, for a total amount not to exceed $1,400,000; and approved a contingency of $84,000 (6%). Form No.DW-102.2 Agenda Report—Board Revised: 09/01/2009 Page 1 ADDITIONAL INFORMATION None CEQA In August, 2009, the Sanitation District found that the approval of the Plans and Specifications for the Bayside Drive Improvement, Contract No. 5-61, was exempt from the California Environmental Quality Act and is also within the scope of the Program Environmental Impact Report for the Collection System Improvement Plan, SCH #2006101018. The proposed agreement merely facilitates implementation of that prior action. Accordingly, likewise, the recommended action is statutorily exempt from the California Environmental Quality Act pursuant to Public Resources Code Section 21080.21 and categorically exempt pursuant to CEQA Guidelines 15282(k) because the construction facilitated by the recommended action consists of a pipeline less than one mile in length within a public street or highway and other public rights-of-way for the installation of a new pipeline and/or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal, and/or demolition of an existing pipeline. The recommenced action is also categorically exempt pursuant to CEQA Guidelines Section 15301 because it consists of the operation, repair, maintenance, permitting and/or minor alteration of existing public structures, facilities, and/or mechanical equipment, involving no expansion of use beyond that currently existing. The recommended action is also categorically exempt pursuant to CEQA Guidelines Section 15302 because it consists of replacement or reconstruction of existing (below-ground) structures and facilities where the new structure will be located on the same site (within the same right of way) as the structure replaced, and will have substantially the same purpose and capacity as the structure replaced. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request for increase in the project contingency complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted (FY 2009-10 Budget Update: Item 22, Page A-7) and the budget is sufficient for the recommended action. Date of Approval Contract Amount Continaencv 08/26/09 $1,400,000 $84,000 (6%) 04/28/10 $84,000 (6%) $168,000 (12%)Total JH:HK:eh:gc H:\dept\agenda\Operations Comm ittee\Operations 2010\0410\09.5-61 Cholich.docx Form No.DW-102.2 Agenda Report—Board Revised: 09/01/2009 Page 2 ADMINISTRATION COMMITTEE Meeting Date To Bd.of Dir. 04/14/10 04/28/10 AGENDA REPORT Item Number Item Number 4 13 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Lorenzo Tyner, Director of Finance and Administration GENERAL MANAGER'S RECOMMENDATION 1) Adopt Resolution No. OCSD 10-05, a Resolution of the Board of Directors of the Orange County Sanitation District authorizing the execution and delivery by the District of an Installment Purchase Agreement, Trust Agreement, and Continuing Disclosure Agreement in connection with the execution and delivery of Orange County Sanitation District Certificates of Participation to be referred to as Wastewater Revenue Obligations — Series 2010A, authorizing the execution and delivery of such Revenue Obligations in an aggregate amount of not to exceed $80,000,000, approving a Notice of Intention to Sell, authorizing the distribution of an Official Notice Inviting Bids and an Official Statement in connection with the offering and sale of such Revenue Obligations and authorizing the execution and delivery of necessary documents and related actions; and, 2) That the Orange County Sanitation District Financing Corporation approve the documents supporting and authorizing the Revenue Obligations in an aggregate amount not to exceed $80,000,000. SUMMARY The Administration Committee and the Board of Directors have previously authorized the execution and delivery of $80,000,000 of new Certificates of Participation and approved the financing team consisting of an independent financial advisor, Public Resources Advisory Group ("PRAG"), and bond and disclosure counsel, Fulbright & Jaworski. Woodruff, Spradlin & Smart, the District's General Counsel, has also been assisting staff. The purpose of the financing is to provide a portion of the funding required for the capital improvement program of FY 2009-2010 and FY 2010-11. None of the proceeds will be used for operations and maintenance needs. This financing, previously estimated to be $70 million, is included in the 2009-10 approved budget. Form No.DW-102.3 Revised:01/11/2010 Page 1 The financing is structured as new fixed rate Certificates of Participation to be referred as Wastewater Revenue Obligations that are to be sold in a competitive sale. The final documents will be presented to the Board and the OCSD Financing Corporation on April 28, 2010, for final approval. Staff and consultants will make a brief presentation and provide an overview of the draft documents and the financing schedule at the Administration Committee meeting. A current financing schedule is attached. PRIOR COMMITTEE/BOARD ACTIONS March 24, 2010: Approved Resolution declaring District's intent to reimburse itself for capital outlays from a future long-term financing. March 24, 2010: Directed staff to initiate process to issue up to $80,000,000 in new fixed-rate Certificates of Participation (COP) debt. ADDITIONAL INFORMATION Strategy Staff is proposing to issue this $80,000,000 fixed rate debt by competitive sale as opposed to a negotiated sale due to PRAG's opinion that a competitive fixed rate sale will be less costly to the District. Depending on market conditions and the associated cost savings, all, or a portion, of the debt issuance may be offered as Build America Bonds ("BABs"). The American Recovery and Reinvestment Act of 2009 created a new financing product, BABs, for the municipal issuer. BABs are issued as higher interest taxable bonds; however, the U.S. Treasury provides a 35 percent subsidy on interest payments. The net cost, after accounting for the 35 percent subsidy payment, frequently results in lower net costs to the issuer, specifically in the maturity years beyond ten years. For example, under current market conditions, the net yield to the District of a 30-year BABs maturity is approximately 4.05% compared to a 30-year tax-exempt borrowing yield of approximately 4.84% (or 79 basis points higher cost). The current net 30-year BABs borrowing yield to the District of 4.05% compares favorably to the District's past fixed rate borrowing yields shown in the table below: District Series 30-Year Yields Series 2003 5.10% Series 2007B 4.81 Series 2009A 5.06 Form No.DW-102.3 Revised:01/11/2010 Page 2 The 35 percent subsidy is available for certain debt issuances prior to January 1, 2011. There are a couple of outstanding federal proposals to extend the BABs program beyond 2010; however, these proposals reduce the subsidy from the current 35 percent to lower levels of 28 percent and 33 percent. In the current market, a reduction of the subsidy to 28 percent and 33 percent would increase the 30-year net borrowing cost to the District by 44 and 12 basis points, respectively. Since it is likely the BABs subsidy will be reduced after this calendar year, in order to optimize the funding of the overall capital improvement program, the District could "back-load" the $80,000,000 of new money borrowing by amortizing debt in the later years. Benefits from back-loading the new money issuance include (1) capturing the higher 35 percent interest subsidy, instead of an anticipated future lower subsidy, and (2) minimizing the risk of rising interest rates by locking in historical low 30-year District borrowing costs (see table above). By back-loading the new money amortization compared to a more traditional level debt service structure (equal payments in each year), the District will save approximately $1.5 million per year from FY 2010-11 through FY 2032-33; however, net debt service costs will increase by approximately $8 million per year from FY 2033-34 through FY 2039-40 as shown in the graph below: Aggregate Net Debt Service Structures $120mil $100mil - - $80mi1 " " " " ' ' ' - $60mil -I-I- -I-I- - - - - - - - - - - - - - - - - - $40mil - - - - - - - - - - - - - - - - - - - - - - -1-1-U $20mil - - - - - - - - - - - - - - - - - - - - - - - - - - - -r $Omil " O N V W 00 O rV � W 00 O N V ko 00 O i--1 c-1 c-1 rV rV N rV rV m m m rc1 m V O O O O O O O O O O O O O O O O rV rV rV rV rV rV rV N rV rV rV rV rV rV rV rV Existing Fixed Rate r_Existing Variable Rate Level D/S Back-Loaded D/S If the District back-loads the debt service on the upcoming new money issuance, future debt funding of the capital improvement program would amortize additional principal in FY 2010-11 through FY 2032-33 and reduce principal in FY 2033-34 through FY 2039-40 with the goal of overall level debt service for the District's capital improvement program. Based on current market conditions, comparing a back-loaded BABs new money borrowing to a back-loaded tax-exempt structure would result in present value savings to the District of$9.73 million (12% present value savings) which is well in excess of the Form No.DW-102.3 Revised:01/11/2010 Page 3 savings the District would ever expect to achieve from a future refunding. If the District would refund and restructure the BABs, it could be very costly; however, staff believes the future need to restructure the BABs is extremely remote. Effectively, by issuing BABs, the District should consider the debt to be non-callable as it would otherwise be very expensive to optionally redeem. Municipal issuers have sold $80,000,000 of BABs since the first issuance in April 2009. In addition, nearly 19% of the municipal bond volume was comprised of BABs over the past twelve months. A number of California issuers have already each sold over a billion dollars of BABs, including the State of California, Los Angeles Unified School District, Bay Area Toll Authority, and University of California. California utility issuers that have issued BABs include the Metropolitan Water District of Southern California, Los Angeles Department of Water and Power, San Diego County Water Authority, East Bay Municipal Utility District, and the San Francisco Public Utilities Commission. Legal Authorization and Approvals The Board of Directors and the Financing Corporation will each be required to adopt separate Resolutions to complete this borrowing. Drafts of these two Resolutions are available for review on the District's webpage, as described in the "Attachments" section below. A Financing Corporation is required by the structure of the COPs and was formed in April 2000, solely to satisfy this need. The Board of Directors of the Corporation is the same as the Board of Directors of the District and the Corporation meets after an adjournment of the OCSD Board. The OCSD Resolution authorizes the execution and delivery of certain legal documents and the execution and delivery of Certificates of Participation to be referred to as Wastewater Revenue Obligations evidencing principal in an aggregate amount of not to exceed $80,000,000 all as spelled out in the title as follows: "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT AUTHORIZING THE EXECUTION AND DELIVERY BY THE DISTRICT OF AN INSTALLMENT PURCHASE AGREEMENT, A TRUST AGREEMENT, AND A CONTINUING DISCLOSURE AGREEMENT IN CONNECTION WITH THE EXECUTION AND DELIVERY OF ORANGE COUNTY SANITATION DISTRICT CERTIFICATES OF PARTICIPATION TO BE REFERRED TO AS WASTEWATER REVENUE OBLIGATIONS, AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH REVENUE OBLIGATIONS EVIDENCING PRINCIPAL IN AN AGGREGATE AMOUNT OF NOT TO EXCEED $80,000,000, APPROVING A NOTICE OF INTENTION TO SELL, AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL NOTICE INVITING BIDS AND AN OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF SUCH REVENUE OBLIGATIONS, AND AUTHORIZING THE EXECUTION AND DELIVERY OF NECESSARY DOCUMENTS AND RELATED ACTIONS." The Resolution of the Corporation is somewhat shorter and simpler. It authorizes three actions that are similarly enumerated in the title as follows: Form No.DW-102.3 Revised:01/11/2010 Page 4 "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT FINANCING CORPORATION AUTHORIZING THE EXECUTION AND DELIVERY BY THE CORPORATION OF AN INSTALLMENT PURCHASE AGREEMENT AND A TRUST AGREEMENT IN CONNECTION WITH THE EXECUTION AND DELIVERY OF ORANGE COUNTY SANITATION DISTRICT CERTIFICATES OF PARTICIPATION TO BE REFERRED TO AS WASTEWATER REVENUE OBLIGATIONS; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH REVENUE OBLIGATIONS EVIDENCING PRINCIPAL IN AN AGGREGATE AMOUNT OF NOT-TO-EXCEED $80,000,000 AND; AUTHORIZING THE EXECUTION AND DELIVERY OF NECESSARY DOCUMENTS AND RELATED ACTIONS." Following is a chart listing the remaining steps to be completed for the issuance of the new money debt issuance: 0 Finalize debt service and cash flow modeling April Board approval of legal and disclosure documents Rating Agency Presentations Marketing and Sale through a Competitive Sale Process May ,1- Execute up to $80 million Fixed-Rate debt issue Investment of Bond Proceeds Debt Administration BUDGET / DELEGATION OF AUTHORITY COMPLIANCE N/A ATTACHMENTS Bond documents may be viewed on OCSD's webpage: http://www.ocsd.com/about/boardofdirectors/agendanminutes.asp. Following are the bond documents included on the OCSD webpage: 1. District Resolution 2. Corporation Resolution 3. Draft Trust Agreement 4. Draft Installment Purchase Agreement 5. Draft Continuing Disclosure Agreement 6. Draft Preliminary Official Statement 7. Draft Official Notice Inviting Bids 8. Draft Notice of Intention to Sell Form No.DW-102.3 Revised:01/11/2010 Page 5 BOARD OF DIRECTORS Meeting Date To Bd. of Dir. 04/28/10 AGENDA REPORT Item Number Item Number 15 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering GENERAL MANAGER'S RECOMMENDATION Approve Amended Joint Exercise of Powers Agreement for the Development, Operation, and Maintenance of the Groundwater Replenishment System and Green Acres Project. SUMMARY The Initial Expansion of the Groundwater Replenishment (GWR) System will increase the GWR System's production capacity from 70 million gallons per day (mgd) to 100 mgd. Under the new Amended Agreement, the Orange County Water District (Water District) will be responsible for funding the design, construction, and operation of the Initial Expansion of the GWR System anticipated to start operations in 2014. Terms of the new Amended Agreement are summarized in the Additional Information Section below. This Amended Agreement is intended to replace most provisions of the 2002 Agreement while, at the same time, preserving the necessary rights and obligations for future operations. PRIOR COMMITTEE/BOARD ACTIONS January 2009 — Adopted Resolution No. 09-01, Supporting the Water District Development of the Initial Expansion of the GWR System. ADDITIONAL INFORMATION Staff has developed a list of terms or guiding points that will set the basis for the Agreement, as follows: In order to maintain the continuity of the working arrangement between the Sanitation District and the Water District, the GWR System Steering Committee and the associated governing body will remain unchanged. The Chair and Vice Chair will alternate between the Sanitation District and the Water District every year. Page 1 The leases that were entered into in the original 2002 Agreement will remain in place with the addition of a new area on the Sanitation District property that has the potential to be utilized for flow equalization. The lease will be given to the Water District for a nominal sum ($1 .00) and the property will be given back to the Sanitation District if the need arises. The cost of the GWR System Initial Expansion, including flow equalization, will be incurred entirely by the Water District. The Sanitation District has agreed to pay for indirect costs associated with the expansion, such as additional source control and additional treatment of returned reject streams. Each agency will also pay for their respective operational costs. The Water District will remain responsible for maintaining peak wet weather flow relief of 100 mgd for the Sanitation District. The Sanitation District will grant the Water District the first right of refusal for up to 150 mgd of wastewater from the Sanitation District Plant No. 1, provided such flow is available, and has also committed to provide the Water District with the highest amount of high quality water available. Up to 1 mgd of reclaimed water will be provided to the Sanitation District for plant usage free of charge. Staff believes that these terms will better detail the Water District and the Sanitation District responsibilities as we move forward with our respective planned improvements, and will be a significant benefit to both agencies. CEQA The Environmental Impact Report/Environmental Impact Statement (EIR/EIS) for the GWR System was certified by the Sanitation District and the Water District Board of Directors on March 24, 1999. Addendum No. 1 was approved on March 28, 2001. Addendum No. 2 was approved by the Sanitation District on January 23, 2002, and by the Water District on January 16, 2002. This amended Agreement is within the scope of the activities considered in those documents. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District's Delegation of Authority. This item is projected to result in reduced budget expenditures by the Sanitation District compared with the existing Agreement. ATTACHMENT 1. Amended Joint Exercise of Powers Agreement JDH:JB:gc Page 2 AMENDED JOINT EXERCISE OF POWERS AGREEMENT FOR THE DEVELOPMENT, OPERATION AND MAINTENANCE OF THE GROUNDWATER REPLENISHMENT SYSTEM AND THE GREEN ACRES PROJECT This Amended Joint Exercise Of Powers Agreement for the Development, Operation And Maintenance Of The Groundwater Replenishment System and the Green Acres Project ("Agreement") is made and entered into between the Orange County Water District(the "Water District") and the Orange County Sanitation District(the "Sanitation District"). The Water District and the Sanitation District are sometimes collectively referred to in this Agreement as the "Parties," and individually referred to as each "Party."1 The Agreement shall be effective as of the day of April, 2010. RECITALS This Agreement is based on the following facts, mutual understandings and intentions of the Parties: A. The Parties entered into an agreement dated November 12, 2002 entitled"Joint Exercise of Powers Agreement for the Development, Operation and Maintenance of the Groundwater Replenishment System and the Green Acres Project" ("Original 2002 Agreement"). The Original 2002 Agreement sets forth (1) certain rights and obligations relating to the planning, design, construction, operation, and maintenance of the Groundwater Replenishment System("System") and(2) certain rights and obligations relating to the operation of the Green Acres Project and the Water District's sale of Reclaimed Water to the Sanitation District. The Parties amended the 2002 Agreement on October 15, 2003 and April 26, 2006. (The Original 2002 Agreement, as amended on October 15, 2003 and April 26, 2006, is hereinafter referred to as the "2002 Agreement") B. Pursuant to the 2002 Agreement, the Parties have planned, designed, and constructed the System. The System commenced operation on January 10, 2008, and has operated continuously since that date. The Parties have received numerous awards from regional, national, and international bodies for their pioneering work in the planning, design, construction, and operation of the System. C. The Water District is planning to expand the System, at its own expense,by expanding the production capacity of the AWT Facilities and related post-treatment facilities (the "Initial Expansion"). As currently planned, the Initial Expansion will increase the System's production capacity from 70 million gallons per day("mgd")to 100 mgd. The Water District shall be solely responsible for the planning, design, construction, and operation of the Initial Expansion. On June 17, 2009, the Board of Directors of the Water District approved an agreement for engineering design services for the Initial Expansion. 1 Unless otherwise required by the context in which any defined term appears, capitalized terms shall have the meanings specified in Exhibit A hereto. 679653.1 D. The Initial Expansion may include construction of two 7.5 million gallon above- ground storage tanks in order to hold excess Specification Influent. Construction of the storage tanks will facilitate operation of the System at a higher capacity by using Specification Influent stored in the storage tanks to supplement Specification Influent delivered by the Sanitation District during low flow periods. E. The Sanitation District is constructing improvements to the secondary treatment system at Reclamation Plant No. 1. This project, known as project PI-102, will increase Reclamation Plant No. 1's secondary treatment capacity by 60 mgd. The increased effluent flow made possible by project P1-102 is necessary to provide sufficient flow to serve the System as expanded through the Initial Expansion. The Sanitation District is also planning another project at Reclamation Plant No. 1, known as project P1-101. Project PI-101 will increase the sludge dewatering capacity at Plant No. 1 in order to accommodate the increased flow made possible by project PI-102. F. This Agreement is intended to replace the 2002 Agreement while, at the same time,preserving all of the rights and obligations set forth in those portions of the 2002 Agreement that are incorporated herein by reference. Without limiting the foregoing, the Parties acknowledge both that(i) the Water District's covenants under this Agreement are supported by, among other consideration, the Sanitation District's covenant to fund one-half the cost of planning, designing, and constructing of the System as it exists today pursuant to the 2002 Agreement, and(ii) the Sanitation District's covenants under this Agreement are supported by, among other consideration, the Water District's covenant to pay one-half the cost of planning, designing, and constructing of the System as it exists today pursuant to the 2002 Agreement, and the Water District's covenant to pay all of the operations and maintenance costs of the System since it commenced operation on January 10, 2008. AGREEMENT NOW, THEREFORE, in consideration of the foregoing facts recited and the mutual goals and objectives contained herein, the Parties agree as follows: 1. Incorporation of Recitals. The Recitals set forth in the 2002 Agreement are incorporated herein by reference as though fully set forth in this Agreement. I. Existing Agreements. 2. Incorporation of Articles I and 1I. Article 1, Sections I and 2, of the 2002 Agreement are incorporated herein by reference as though fully set forth in this Agreement. II. Planning, Design, and Construction. 3. Incorporation of Article 1I. Article 1I, Sections 3 through 27 inclusive, of the 2002 Agreement are incorporated herein by reference as though fully set forth in this Agreement. 4. Initial Expansion. Except as otherwise agreed by the Parties in writing, the Water District shall be solely responsible for the funding, implementation, planning, design, and construction of the Initial Expansion. 2 679653.1 III. Ownership of Interests 5. Water District's Property Ownerships. Except as otherwise set forth herein or by separate instrument executed by the Parties, the Water District shall hold title to and own all System facilities, including the AWT Facilities and the Initial Expansion facilities, that are located within the boundaries of the Water District's property. In addition, the Water District shall hold title to and own the GWRS Pipeline and ancillary and related facilities, including water percolation facilities, seawater intrusion barrier injection wells, and transmission pipeline facilities to deliver the GWRS water to the Water District's seawater intrusion barrier injection wells. The Water District also holds title to and owns all easements and rights-of-way obtained or to be obtained for the installation, operation and maintenance of all System facilities. 6. Sanitation District Property Ownerships. Except as otherwise set forth herein or by separate instrument executed by the Parties, the Sanitation District shall hold title to and own all Sanitation District facilities located within the Sanitation District's property that treat and transmit wastewater to the Water District as Specification Influent. 7. Ownership of Wastewater. The Sanitation District shall hold title to and own all wastewater treated at the Sanitation District's property, including the rights to wastewater generated outside of the boundaries of the Water District,up to the point of delivery of such wastewater as Specification Influent to the Water District. 8. Ownership of GWRS Water. The Water District shall hold title to and own all Specification Influent received from the Sanitation District, and all rights to the GWRS Water produced by the System. Any revenues derived from the use or sale of GWRS Water that is not set forth in this Agreement shall be the sole property of the Water District. III. Operation and Maintenance. 9. Article III Deleted. Article III of the 2002 Agreement, Sections 28 to 61, is deleted in its entirety and replaced with the provisions of this Article III. A. The Water District's Operations and Maintenance Obligations. 10. Water District Operation and Maintenance. The Water District shall, at its sole cost and expense, provide, or cause to be provided, all tools, equipment, vehicles, materials, supplies and qualified personnel necessary to operate and maintain the screening facilities located on Sanitation District property, feed pipelines to the AWT Facilities located on Sanitation District property, the AWT Facilities, the GWR Pipeline, the seawater barrier injection wells and all other System facilities constructed pursuant to this Agreement. Notwithstanding the foregoing, the Water District shall not be obligated to operate and maintain the Sanitation District's trickling filters, Steve Anderson Lift Station, or related diversion facilities. The Sanitation hereby transfers ownership, operation and maintenance responsibilities for the trickling filter meter, valves, vault, and appurtenances on the Sanitation District property to the Water District, excluding the underlying property rights, as part of this Agreement. These transferred facilities become subject to the same rights and responsibilities of the other Water District facilities on Sanitation District property. 3 679653.1 11. Operation of the AWT Facilities and the Green Acres Project. At its sole cost, the Water District shall operate the AWT Facilities and the Green Acres Project. The Water District shall use its best efforts to operate the AWT Facilities without total plant shutdowns except for scheduled maintenance. No total shutdown(excluding a shutdown mandated by a regulatory agency, or conditions outside of the reasonable control of the Water District) of the AWT Facilities will be permitted without a 48-hour written notice to the Sanitation District and receipt of the Sanitation District's concurrence. In the event of a dispute, the Parties shall exercise the procedures described in Section 45. In the event the groundwater basin is unable to receive the Product Water from the treatment of Specification Influent, the Parties shall meet to determine other ways to provide the Sanitation District with an outlet for its wastewater flows. 12. Acceptance of Non-Specification Influent. The Water District shall use its best efforts to accept secondary treated wastewater from the Sanitation District that does not meet the standards for Specification Influent, in the event the Specification Influent becomes unavailable due to unforeseen circumstances not reasonably anticipated by the Sanitation District. Notwithstanding the foregoing, the Water District may reject and refuse to accept any wastewater not meeting the standards for Specification Influent if the Water District reasonably determines either that such wastewater not meeting the standards for Specification Influent may cause substantial damage to the AWT Facilities or other System facilities, or that the Water District is unable to treat and dispose of such wastewater in compliance with applicable law and the permits and approvals governing the use of GWRS Water. 13. Acceptance of Peak Flows. The Water District shall routinely operate all System components, and otherwise maintain all System components in a state of readiness, so the System will be able to accept Peak Flows of Specification Influent. The Water District shall accept Peak Flows of Specification Influent from the Sanitation District. Before the Initial Expansion is completed and operational, the following procedure shall apply to the acceptance of Peak Flows. Commencing upon the earlier of(i) twelve (12)hours after the System commenced accepting Peak Flows of Specification Influent, and(ii)the time at which the Sanitation District reduces the flow of Specification Influent to the System to below one hundred and four(104) mgd, the Water District shall not be obligated to accept Peak Flows for the subsequent seventy- two (72) hour period. The Sanitation District shall provide the Water District with prior notice of the Sanitation District's intent to send Peak Flows of Specification Influent to the Water District, which notice shall follow one of the formats described in the Integrated Emergency Response Plan and Joint Operating Procedures. After the Initial Expansion is completed and operational, this procedure shall no longer apply, and the Water District shall accept Peak Flows without prior notice by the Sanitation District, and without any seventy-two hour cessation period. Once a year, upon two week's prior notice, the Sanitation District may request that the Water District test the System's capability to accept Peak Flows of Specification Influent. Such test shall consist of running the System for eight(8) continuous hours, accepting an hourly equivalent of Specification Influent of one hundred and twenty-eight(128) mgd. The Sanitation District shall provide sufficient Specification Influent for the test. Notwithstanding the foregoing, if the Sanitation District's General Manager or designee agrees in advance in writing, the Water District may temporarily reduce the System's capability to accept Peak Flows of Specification Influent. The Sanitation District's General Manager or designee must approve in writing both the amount and duration of any such reduction in capability. 14. Electrical Power Supply. Throughout the life of the System, the Water District shall ensure a reliable source of electrical power to preclude disruption of System operations by 4 679653.1 securing and maintaining two independent 66-kV lines from Southern California Edison, or by securing and maintaining an alternative, equally reliable type, system or provider of electrical service. 15. Reclaimed Water Service to the Sanitation District. Prior to January 15, 2012, the Water District shall deliver to the Sanitation District up to 4,650 acre-feet per year of Reclaimed Water. The Water District may suspend deliveries of reclaimed water from the Green Acres Project on 30 minutes advance notice if the secondary treated wastewater received from the Sanitation District does not meet the standards for Specification Influent. Currently, the Sanitation District pays to the Water District one hundred and seventy four dollars and twenty cents ($174.20)per acre-foot for Reclaimed Water. For all Reclaimed Water delivered, this rate shall be adjusted annually on June 30 by the lower of(i) the change in the U.S. Consumer Price Index for Los Angeles—Riverside—Orange County for the preceding year or(ii) 2.5%. After January 15, 2012, the Water District shall deliver to the Sanitation District, at no cost to the Sanitation District, up to 1,120 acre feet per year of reclaimed water from the Green Acres Project. The Water District shall provide the Reclaimed Water at an average flow of 1 MGD and a pressure of no less than 105 pounds per square inch gauge (PSIG). The Sanitation District may purchase additional Reclaimed Water from the Water District after January 15, 2012, in excess of 1,120 acre feet per year. The rate for any additional purchase of water shall be calculated pursuant to above. In fulfilling its obligations under this Section 15, the Parties anticipate that the Water District will generally use Reclaimed Water from the Green Acres Project. In the event that Reclaimed Water from the Green Acres Project is not available, the Water District shall provide substitute water from another source. If the Sanitation District is obligated to pay for the substitute water pursuant to Section 15, the Sanitation District shall pay the lesser of(a) the rate calculated pursuant to Section 15, or(b)the Water District's actual cost acquiring the substitute water. Notwithstanding the foregoing, however, if the Water District elects to substitute water produced by the System, the Sanitation District shall not pay the actual cost of producing the water, but shall instead pay the rate calculated pursuant to above." 16. Discharge of Excess Reclaimed Water. Until January, 2012, during certain winter months, the Water District will have excess Reclaimed Water for discharge into the Sanitation District's ocean outfall, as a condition of the Water District's "Basic Integrated Reuse Project Agreement," dated July 17, 1996, with Irvine Ranch Water District ("IRWD") and City of Newport Beach. The discharge may be up to four(4) million gallons per day. The cost of constructing the discharge pipeline connecting to the ocean outfall, the cost of metering facilities, the cost of monitoring, and the unit cost for discharge to the outfall shall be borne as agreed pursuant to the Agreement for Operation of Green Acres Project Intertie and Outfall Connection, dated April 15, 1998, by and among the Sanitation District, the Water District, IRWD and the City of Newport Beach. 17. Metering, Measurement of Flows and Invoices. The Sanitation District agrees that at the Sanitation District's locations where Reclaimed Water is used exclusively, the Water District, at its own expense, shall provide a control valve (or valves) and a meter for the purpose 5 679653.1 of measuring the quantity of Reclaimed Water delivered under the terms of this Agreement. The Sanitation District acknowledges and agrees that the Water District may read the Reclaimed Water service meter(s) and record Reclaimed Water usage for the Sanitation District on a monthly basis. The Sanitation District shall provide all necessary assistance to the Water District in gaining access to the service meter(s)to take readings. The Water District shall pay the City of Fountain Valley and/or Huntington Beach any meter reading charges mandated by either City. 18. Water Quality Monitoring. The Water District and the Sanitation District shall establish, implement and maintain a written water quality monitoring program for the following: (a)the wastewater delivered from the Sanitation District to the Water District pursuant to Section 27 of this Agreement; (b)the waste streams discharged from the AWT Facilities and the Green Acres Project and delivered to the Sanitation District pursuant to Section 30 of this Agreement; and(c) the Reclaimed Water that the Water District will deliver to the Sanitation District pursuant to Section 15 of this Agreement. The monitoring program shall include daily turbidity samples for all brine wastes. 19. System Staff and Contractors. The Water District shall recruit, select, employ, and supervise all staff employees and/or contractors retained to provide services for the operation and maintenance of the System, including but not limited to any regular fulltime, temporary, part-time or limited term employees. 20. System Modifications. During operation of the System, the Water District shall not modify, either temporarily or permanently, any aspect of the System that would impair the System's ability to accept Specification Influent in the amounts required by this Agreement. 21. NPDES Permit. The Water District shall maintain a valid National Pollutant Discharge Elimination System("NPDES")permit authorizing the discharge of treated water from the System to the receiving waters of the State of California. The Water District shall, at its sole cost and expense, (a) defend any regulatory or citizen enforcement actions that may arise out of alleged violations of the NPDES permit caused by operation of the System, except to the extent such actions result from the receipt of non-Specification Influent from the Sanitation District and(b)pay any fines or civil penalties levied as a result of any such enforcement actions and/or any amounts tendered in settlement of such enforcement actions. To the extent such actions result from the receipt of non-Specification Influent from the Sanitation District, the Sanitation District shall, at its sole cost and expense, (a) defend such actions, and(b)pay any fines or penalties levied as a result of such actions and/or any amounts tendered in settlement of such actions. 22. Water Reclamation Permit. The Water District shall maintain a valid Water Reclamation Permit from the Regional Water Quality Control Board authorizing the treatment and reuse of the System's water. 23. Regulatory Reporting. The Water District shall have sole responsibility for preparing and filing all reports in connection with the System that may be required by applicable laws and/or regulatory agencies. The Sanitation District shall provide such information as necessary for the preparation of such reports as may be reasonably requested by the Water District. 6 679653.1 24. Monthly and Annual Reports. The Water District shall submit to the Sanitation District all monthly reports prepared by the Water District summarizing the System's operation and maintenance activities. The Water District shall also submit to the Sanitation District all annual reports prepared by the Water District summarizing the System's operation and maintenance activities. The Water District shall also provide all other written reports prepared by the Water District regarding System management, operation, maintenance, asset management, and repair and long-term rehabilitation or replacement as the Sanitation District may reasonably request from time to time. 25. Annual Budgets. The Water District shall prepare and submit its draft annual budgets for the System's operation and maintenance and capital expenditures to the Sanitation District for review and advisory comments by the Sanitation District. 26. Compliance with Laws. In operating, managing, maintaining and repairing the System's facilities, the Water District shall strictly comply with the requirements of all permits and licenses and all applicable federal, state and local statutes, ordinances, rules and regulations governing the operation and maintenance of the System. B. The Sanitation District's Operations and Maintenance Obligations. 27. Delivery and Quality of Wastewater. The Sanitation District shall offer to the Water District, and the Water District shall have a right of first refusal for, up to 150 mgd of Specification Influent at no cost to the Water District, for treatment in the System and the Green Acres Project, as long as sufficient wastewater flow is available from Reclamation Plant No. 1. The Sanitation District shall use its best efforts to maximize the amount of Specification Influent available for the System. The Sanitation District shall also use its best efforts to direct the highest quality wastewater to the Sanitation District's Plant No. 1 for treatment and transmission to the System, bypassing lower quality wastewater where possible to the Sanitation's District Plant No. 2. The Sanitation District shall provide a continuous minimum flow of 30 million gallons per day of Specification Influent to the AWT Facilities, except as mutually planned and scheduled. The "quality" of wastewater for purposes of this section and section 29 is based on those factors that adversely affect the performance of the System or Green Acres Project, such as total dissolved solids, total organic carbon, n-nitrosodimethylamine, and 1,4 Dioxane. The Sanitation District shall confer with the Water District if the Sanitation District intends to make a major change in the source of wastewater, future planning, operations or chemical use for Plant No. 1 at least thirty(30) days before such a change. 28. Costs of Specification Influent. The Sanitation District shall pay all capital, operations and maintenance costs of providing Specification Influent to the Water District pursuant to Section 27. 29. Industrial Pretreatment and Pollution Source Control Program. The Sanitation District shall maintain a comprehensive industrial wastewater pretreatment and pollutant source control program for controlling the discharge of wastes from point sources that could adversely affect the System's water quality or production. The Sanitation District shall comply with all applicable legal requirements with respect to its source water control program. 7 679653.1 30. Acceptance of Waste Streams to be Discharged to the Sanitation District. The Sanitation District shall, at no charge to the Water District, accept all waste streams discharged from the AWT Facilities and the Green Acres Project. 31. Lease of Space for Storage Tanks. In the event that the Initial Expansion requires construction of two 7.5 million gallon storage tanks for the storage of Specification Influent as described in Recital D above, the Sanitation District shall site the tanks as shown in Exhibit G. The Sanitation District shall offer to lease that property to the Water District for the construction, at the Water District's expense, of two 7.5 million gallon storage tanks. The rent for the storage tank property shall be the nominal amount of$1 per year. The Sanitation District may terminate the lease at any time upon five (5) years' notice to the Water District, if the Sanitation District determines that it requires the storage tank property for Sanitation District plant upgrades. The Water District shall be responsible for removal of the tanks and restoring the site to the original condition. 32. Compliance with Laws. In operating, managing, maintaining and repairing the facilities to provide Specification Influent to the Water District, the Sanitation District shall strictly comply with the requirements of all permits and licenses and all applicable federal, state and local statutes, ordinances, rules and regulations governing the operation and maintenance of such facilities. C. Joint Operations and Maintenance Obligations. 33. Ownership of Green Acres Project Reclaimed Water Facilities. The Sanitation District shall own, operate and maintain at its own expense all wastewater treatment facilities that lie within the boundaries of the Sanitation District's two plants, specifically excluding the Water District's pump station at Plant No. 1 and metering facilities at the Sanitation District's Plant No. 2. The Water District shall own, operate and maintain at its own expense all other reclaimed water facilities that are part of the Green Acres Project, or in the future are operated by the Water District to produce Reclaimed Water under the Green Acres Project. 34. Costs of Addressing Newly Discovered Contaminants. The Parties acknowledge that the AWT Facilities are designed to remove n-nitrosodimethylamine and 1,4 Dioxane from Specification Influent based upon maximum allowable influent concentrations. In the event that, in the future, any Newly Discovered Contaminants are identified in the Specification Influent that require removal to meet GWRS standards, the Water District and the Sanitation District will meet and confer in good faith regarding (a) the appropriate type of source control and/or water treatment needed to address the Newly Discovered Contaminants; (b)the appropriate sharing of costs for the construction and operation of any necessary treatment facilities; and/or(c) the development and implementation of additional source control strategies. 35. Further Conditioning or Treatment of Waste Streams to be Discharged to the Sanitation District. If the Sanitation District's outfall NPDES permit requires conditioning or further treatment of waste streams accepted from the Water District by the Sanitation District pursuant to Section 30 before it can be discharged to the Sanitation District's facilities, the Parties shall meet and confer regarding (a)the appropriate type of conditioning or further treatment, and(b) the appropriate arrangement for sharing the capital and operating costs of conditioning or further treatment. 8 679653.1 36. Reduction in Wastewater Supply. In the event significant wastewater supply changes occur as a result of insufficient volumes of wastewater being collected by the Sanitation District's system which individually or in sum result in a reduction of the waste water flow to the Sanitation District's Reclamation No. 1 to below one hundred and four(104) mgd(including only wastewater from approved reclamation sources) the Parties shall meet and confer in good faith regarding (a) the design and construction of additional diversion facilities to increase or redirect wastewater flows to Reclamation Plant No. 1 for processing as Specification Influent, and(b) the appropriate allocation of costs for the design and construction of any such diversion facilities. Any such additional facilities shall be owned by the Sanitation District. 37. Other Costs. In the event that new quality or quantity discharge requirements are imposed by law or regulation that increase the cost to either Party to perform its obligations under this Agreement, the Parties shall meet to determine the most effective method of addressing such requirements. If the Parties cannot agree, any dispute will be resolved pursuant to Section 45. The cost of addressing such requirements shall be shared equally by the Parties. 38. Security. The Sanitation District shall comply with any and all security provisions adopted or instituted by the Water District with respect to access into and across Water District property. Likewise, the Water District shall comply with any and all security provisions adopted or instituted by the Sanitation District, with respect to access into and across Sanitation District property. Also, the Sanitation District and the Water District agree to conduct a joint security vulnerability assessment of the joint campus every five (5) years, or sooner, based on changing circumstances and knowledge of a threat. The main purpose of the assessment is to analyze any security vulnerabilities and recommend cost effective security measures. This includes ensuring that persons at the site (employees, vendors, public, etc.) are made aware of acceptable paths of travels, emergency contact information, and general access provisions and restrictions. 39. Insurance. Each Party shall furnish and maintain the following insurance coverage,provided that such coverage is available on commercially reasonable terms: (a) Workers' Compensation In accordance with the Workers' Compensation Act of the State of California—Minimum of$1,000,000 (b) Public Liability, in the form of $2,000,000 Combined Single Limit per either Comprehensive General occurrence, with $5,000,000 aggregate Liability or Commercial Liability for bodily injury, death and property written on a per-occurrence basis damage (c)Automobile Liability, including $1,000,000 combined single limit per non-owned and hired vehicles occurrence Each Party shall name the other Party as an additional named insured on all of the above listed policies (other than Worker's Compensation). Each Party shall furnish certificates of insurance showing coverage to the other Party. Where a Party, by its Board of Directors approval, has elected to partially or fully self-insure any of the above required coverages, it shall provide to the other Party all the relevant written policies and actions to establish said programs. 9 679653.1 40. Independent Contractor Status. The Parties agree that, in operating and maintaining the System, the Water District is, and shall be, acting at all times as an independent contractor, and all employees of the Water District are solely employees of the Water District and not the agents or employees of the Sanitation District. The Parties further agree that, in operating and maintaining the facilities to provide Specification Influent to the System, the Sanitation District is, and shall be, acting at all times as an independent contractor, and all employees of the Sanitation District are solely employees of the Sanitation District and not the agents or employees of the Water District. 41. Joint Steering Committee Review of Operations. The Joint Cooperative Committee described in Section 8 of the 2002 Agreement shall continue in existence during the operational phase of the System, but shall be renamed the "Joint Steering Committee." The Joint Steering Committee shall be constituted as described in Section 8 of the 2002 Agreement, and shall be subject to the rules of procedure described in Section 8 of the 2002 Agreement. At its first meeting of each calendar year the members of the Joint Steering Committee shall elect a chair and vice-chair, one from each District. The chair and vice-chair shall alternate between the Districts every year. The Joint Steering Committee shall establish the time and date for its regular meetings, and shall hold special or adjourned meetings as it deems appropriate. The Joint Steering Committee shall serve as an advisory body for the governing boards of the Water District and the Sanitation District, and shall make any recommendations regarding System operations that it deems appropriate. The Joint Steering Committee shall also attempt to mediate any dispute between the Water District staff and the Sanitation District staff as described in Section 45 of this Agreement. IV. Term and Termination. 42. Deletion of Section 62. Section 62 of the 2002 Agreement is hereby deleted in its entirety. V. Events of Default; Dispute Resolution. 43. Deletion of Article V. Article V of the 2002 Agreement is hereby deleted in its entirety, and replaced with the provisions of this Article V. 44. Event of Default. The failure of a Party to comply with any provision of this Agreement that has a material and adverse effect on the other Party, except to the extent caused by a breach of this Agreement by the other Party, shall constitute an Event of Default under this Agreement; provided, however, that the defaulting Party shall first have a period of thirty(30) days following receipt of notice from the other Party of such failure to comply to cure such failure, or if such cure cannot be effected within such thirty(30) day period, such period shall extend for a total of one hundred eighty(180) days, so long as the defaulting Party is diligently trying to cure such failure throughout such period. 45. Dispute Resolution. Staffs of both Parties shall meet and use their best efforts to settle any dispute, claim, question or disagreement("Dispute") arising from or relating to this Agreement. To that end, staffs of both Parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both Parties. If the Parties do not reach such a solution within a period of thirty (30) days after the first meeting of the staff regarding a Dispute, then the Parties shall convene a 10 679653.1 meeting of the Joint Steering Committee within sixty(60) days after the first meeting of the staff regarding a Dispute and attempt to settle the Dispute before the Joint Steering Committee at the meeting. If the Parties do not settle the Dispute within five (5) calendar days after the Joint Steering Committee meeting, either Party may pursue any and all legal and equitable remedies that may be available. VI. Miscellaneous. 46. Deletion of Section 67. Section 67 of the 2002 Agreement is deleted in its entirety, and replaced with Section 41 of this Agreement. 47. Incorporation of Specified Miscellaneous Provisions. Sections 68, 69 and 71 through 81 inclusive of the 2002 Agreement are incorporated herein by reference as though fully set forth in this Agreement. Section 70 of the 2002 Agreement is deleted, and replaced with the following notice provision: 48. Notices. All notices to the Sanitation District required or permitted under this Agreement shall be in writing and shall be deemed delivered(i) when delivered in person, (ii) on the third day after mailing, if mailed, postage prepaid, by registered or certified mail (return receipt requested); (iii) on the day after mailing if sent by a nationally recognized overnight delivery service which maintains records of the time,place, and recipient of delivery; (iv)upon receipt of a confirmed transmission, if sent by telex, telecopy or facsimile transmission; or (v)via electronic mail provided the sender's system is capable of creating a written record of such notice and its receipt in each case to the parties at the following addresses or to other such addresses as may be furnished in writing by one party to the other: Orange County Sanitation District 10844 Ellis Street Fountain Valley, CA 92708-7018 Telecopier: 714-962-03 5 6 E-Mail: jruth&ocsd.com Attention: General Manager With a copy to: District General Counsel, who is presently: Bradley R. Hogin Woodruff, Spradlin& Smart 555 Anton Boulevard, Suite 1200 Costa Mesa, CA 92626 Telecopier: 714-415-1006 E-Mail: bhogin(d),,wss-law.com All notices to the Water District required or permitted under this Agreement shall be in writing and shall be deemed delivered (i) when delivered in person; (ii) on the third day 11 679653.1 after mailing, if mailed, postage prepaid, by registered or certified mail (return receipt required); (iii) on the day after mailing if sent by a nationally recognized overnight delivery service which maintains records of the time,place, and recipient of deliver; (iv)upon receipt of a confirmed transmission, if sent by telex, telecopy or facsimile transmission; or(v) via electronic mail provided the sender's system is capable of creating a written record of such notice and its receipt in each case to the parties at the following addresses or to other such addresses as may be furnished in writing by one party to the other: Orange County Water District 18700 Ward Street Fountain Valley, CA 92708-8300 Telecopier: 714-378-3373 E-Mail: mmarkus(&,,ocwd.com Attention: General Manager With copy to: District General Counsel, who is presently: Joel D. Kuperberg, Esq. Rutan& Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, CA 92626 Telecopier: 714-546-903 5 E-Mail: jkgperberggrutan.com VII. Exhibits. 49. Deletion of Exhibit A. Exhibit "A"to the 2002 Agreement is deleted in its entirety, and replaced with Exhibit"A" attached hereto and incorporated herein by reference. 50. Incorporation of Exhibits B, C, D, and E. Exhibits B, C, D, E, and F to the 2002 Agreement are incorporated herein by reference as though fully set forth in this Agreement. 51. New Exhibit G. New Exhibit"G" is attached hereto and incorporated herein by reference. 12 679653.1 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first written above. ORANGE COUNTY SANITATION DISTRICT By: Chair, Board of Directors Date: By: Clerk of the Board Date: APPROVED AS TO FORM: Bradley R. Hogin General Counsel Orange County Sanitation District ORANGE COUNTY WATER DISTRICT By: President, Board of Directors Date: By: General Manager Date: APPROVED AS TO FORM: Joel Kuperberg General Counsel Orange County Water District 13 679653.1 Exhibit A Definitions 1. "AWT Facilities"means the advanced wastewater treatment facilities constructed by the Parties on the Water District's and Sanitation District's property in Fountain Valley. 2. "Cooperative Agreement"means the Cooperative Agreement for Project Planning for Orange County Reclamation Project, entered into by the Parties in February of 1997. 3. "Effective Date"means the date of this Agreement. 4. "General Managers"means the general managers of the Water District and the Sanitation District. 5. "Governing Boards"means the Board of Directors of the Water District and the Board of Directors of the Sanitation District. 6. "Green Acres Project"means Reclaimed Water processed at the Water District's Green Acres wastewater reclamation facility, or successor facilities used by the Water District. 7. "Groundwater Replenishment System" or"System"means the system more specifically describe in Exhibit B. 8. "GWR Pipeline"means the pipeline constructed to convey Product Water from Fountain Valley to the Water District's spreading basins. 9. ""Joint Cooperative Committee"or"Joint Steering Committee"means the Joint Cooperative Committee previously established under the Cooperative Agreement and continued under this Agreement. 10. "NTU" means nephelometric turbidity unit, as defined in the latest issue of Standard Methods for the Examination of Water&Wastewater as published by the American Public Health Association, the American Water Works Association and the Water Environment Federation. 11. "Newly Discovered Contaminants" is defined as contaminants found in wastewater that are or could be introduced into the Orange County Groundwater Basin through the System, that are not currently identified in any of the Water District's wells above any federal or state action level, and that either(1) are assigned a new drinking water action level, by federal or state regulators after the effective date of this Agreement, or(2) are newly discovered in the System's wastewater or product water through new testing methods that only become available after the effective date of this Agreement. 12. "Operational" is defined as the condition whereby the System has been installed and tested, and startup activities have been completed, such that the System is ready to process Specification Influent. Following attainment of Operational status, the System general contractor may have ancillary and non-critical construction yet to complete (e.g. landscaping, subsequent demolition). The System became Operational as of January 10, 14 679653.1 2008. 13. "Peak Flows" shall mean flows of Specification Influent accepted by the System in excess of the one hundred and four(104)mgd up to a maximum one hundred and twenty-eight(128) mgd. 14. "Product Water"means water produced by the AWT Facilities. 15. "Reclaimed Water"means water meeting the Reclaimed Water Standards. 16. "Reclaimed Water Standards"means recycled water meeting the latest adopted version of the California Code of Regulations, Title 22, Division 4, Chapter 3 entitled"Water Recycling Criteria" as set forth in Section 60304 with respect to filter effluent. 17. "Related Facilities"means the upgrades to the trickling filters and Steve Anderson Lift Station and related diversion facilities be completed by the Sanitation District pursuant to this Agreement. 18. "Specification Influent"means secondary treated sewage that does not exceed(a) an average of 5 NTU over a 30 day period; (b) an average of 10 NTU for a 24 hour period; or(c) an instantaneous turbidity of 50 NTU at any time. 19. "System": For purposes of Part II "Planning, Design and Construction" (Sections 3-10 inclusive) "System"means the Groundwater Replenishment System, the components of which are described on Exhibit B. In the balance of the Agreement, "System"means the Groundwater Replenishment System, the components of which are described on Exhibit B, as modified by the Initial Expansion. 20. "System Budget"means the budget adopted by the Parties pursuant to Section 10. 21. "System Contracts"means all contracts and change orders necessary for planning, design and construction of the System, including professional service contracts, construction contracts and other contracts. 22. "System Effluent Standards"means the treatment standards to permit Product Water to be discharged into Santa Ana River as set forth in the NPDES Permit for the System. 23. "Wastewater Utilization Agreement"means that certain Second Amended and Restated Agreement for Utilization of Reclaimed Wastewater, entered into between the Parties on January 15, 1997. 24. . "Initial Expansion"means an expansion of the System as originally designed to provide an increase in production capacity from 70 mgd to 100 mgd. As of February 2010, the Water District's preliminary design for the Initial Expansion included demolition of the Water District's old laboratory facility and construction of the following major components: (1)upgrades to the System's existing screening facilities; (2) facilities to increase the capacity of the System's existing microfiltration processing; (3) facilities to increase the capacity of reverse osmosis processing, (4) facilities to increase the ultraviolet light processing (5) additional chemical storage and post- 15 679653.1 treatment facilities; (6) additional reverse osmosis transfer pumps; and(7) additional water and barrier pumps as part of the off-site System facilities." 16 679653.1 ADMINISTRATION COMMITTEE Meeting Date To Bd. of Dir. 04/14/10 04/28/10 AGENDA REPORT Item Number Item Number 2 16 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Lorenzo Tyner, Director of Finance and Administrative Services GENERAL MANAGER'S RECOMMENDATION Adopt Ordinance No. OCSD-40, An Ordinance of the Board of Directors of the Orange County Sanitation District Establishing Capital Facilities Capacity Charges; Adopting Miscellaneous Charges and Fees Relating to Industrial Charges, Source Control Permittees and wastehaulers; and Repealing Ordinance No. OCSD-36: Adopting Revised Table A Re Capital Facilities Capacity Charges and Revised Table C Re Supplemental Capital Facilities Capacity Charges a. Motion to Read Ordinance No. OCSD-40 by title only and waive reading of said entire ordinance. b. Motion to introduce Ordinance No. OCSD-40, and pass to second reading and public hearing on May 26, 2010. SUMMARY The Capital Facilities Capacity Charge (CFCC) and Supplemental Capital Facilities Capital Charges (SCFCC) are based upon the most recently completed capital strategic plan. In December of 2009, the 2009 Facilities Master Plan was adopted and staff was directed to perform a rate study on CFCCs. CFCC is a one-time, non-discriminatory charge imposed at the time a building or structure is newly connected to the OCSD's system, or an existing structure is expanded or increased. This charge is to pay for the expansion of OCSD facilities to accommodate the new property being charged. Based upon the new Master Plan, the residential CFCC is proposed to decrease by approximately 35 percent. However, the non-residential CFCC is proposed to increase by approximately 13 percent. SCFCC are fees to Industrial Permittees that exceed their annual baselines for Flow, Biochemical Oxygen Demand (BOD) and Total Suspended Solids (TSS). As a result of the rate study, Flow and TSS are recommended to be increased 6 percent and 79 percent, respectively, while BOD is recommended to decrease 59 percent. Page 1 PRIOR COMMITTEE/BOARD ACTIONS 1. December 2009: Approved adoption of 2009 Facilities Master Plan. 2. December 2009: Directed staff to perform a rate study on CFCCs. 3. May 2008: Approved Ordinance No. OCSD-36. ADDITIONAL INFORMATION Staff received direction from the Board of Directors to perform a rate study on CFCCs when the 2009 Facilities Master Plan was adopted in December of 2009. The FCS Group was contracted to perform a review and update of the CFCCs based upon the revised assumptions contained within the new Master Plan. One of the outcomes of the new Master Plan is that future build out is less than what was anticipated in the previous master plan. In addition, the District has experienced a shift in its customer base resulting in an increase in residential versus non-residential. Staff believes the shift has occurred due to recent annexations that were primarily residential and new residential construction that was completed in recent years. The shift towards residential has resulted in a decrease to the residential CFCCs and an increase to the non-residential CFCCs. The last rate study to support the CFCC and SCFCC was in 2006 when the majority of the CIP program concentrated on increased BOD treatment due to the move to full secondary treatment. At that time a shift occurred in the SCFCCs increasing the costs for BOD and reducing the costs for TSS. The new Facilities Master Plan now concentrates on total treatment plant processes as opposed to concentrating mostly on secondary treatment. As such, BOD requirements are not as predominant as in the prior rate study, and now are more closely aligned with the new increased percentage requirements of TSS. Staff believes that the allocations for Flow, BOD and TSS accurately reflect the long term allocations of these constituents in the CIP program. CEQA N/A BUDGET / DELEGATION OF AUTHORITY COMPLIANCE N/A ATTACHMENTS 1. Proposed CFCCs and SCFCCs 2. Proposed Ordinance No. OCSD —40 3. 2010 CFCC Benchmarking Page 2 Proposed CFCCs and SCFCCs ProposedUse Category Rate Basis Current Commercial / Industrial: CFCC CFCC Low Demand [1] Per 1,000 Square Feet $ 241 $ 272 Average Demand [3] Per 1,000 Square Feet $ 1,501 $ 1,692 High Demand [2] Per 1,000 Square Feet $ 3,565 $4,019 Single-Family Residential (SFR) [4] CFCC CFCC 5+ Bedrooms Per Unit (139% of Base) $ 6,946 $4,532 4 Bedrooms Per Unit (119% of Base) $ 5,949 $ 3,881 3 Bedrooms Per Unit (100% of Base) $4,998 $ 3,261 2 Bedrooms Per Unit (81% of Base) $4,046 $ 2,640 1 Bedroom Per Unit (62% of Base) $ 3,094 $ 2,019 Multi-Family Residential (MFR) [5] CFCC CFCC 4+ Bedrooms Per Unit (108% of Base) $ 5,399 $ 3,523 3 Bedrooms Per Unit (89% of Base) $4,448 $ 2,902 2 Bedrooms Per Unit (70% of Base) $ 3,496 $ 2,281 1 Bedroom Per Unit (50% of Base) $ 2,498 $ 1,630 Studio [6] Per Unit (32% of Base) $ 1,604 $ 1,047 Supplemental CFCC for Permit Users: SCFCC SCFCC Flow Per Gallon Per Day $ 0.001541 $ 0.001638 BOD Per Pound Per Day $ 0.865080 $ 0.351200 SS Per Pound Per Da $ 0.105130 $ 0.188340 Notes: [1] Includes nurseries, warehouses, churches, truck terminals, RV parks/storage yards, lumber/ construction yards, public storage buildings, and other facilities with similar volumes. [2] Includes restaurants, supermarkets, car washes, coin laundries, amusement parks, shopping centers with one or more restaurants or food court, food processing facilities, textile manufacturers, and other dischargers with similar volumes. [3] Includes all users not classified as low-demand or high-demand customers. [4] Bedroom additions are considered a change of use and a CFCC must be paid. Detached buildings will be considered separate residences. [5] MFR units consist of multiple units that receive one secured property tax bill. Includes senior housing with individual living units that include a kitchen. [6] A studio is considered to be a single room with no separating doors or openings leading to another part of the room (except for a bathroom). ORDINANCE NO. OCSD-40 AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ESTABLISHING CAPITAL FACILITIES CAPACITY CHARGES; ADOPTING MISCELLANEOUS CHARGES AND FEES RELATING TO INDUSTRIAL CHARGES, SOURCE CONTROL PERMITTEES AND WASTEHAULERS; AND REPEALING ORDINANCE NO. OCSD-36. ADOPTING REVISED TABLE A RE CAPITAL FACILITIES CAPACITY CHARGES, REVISED TABLE C RE SUPPLEMENTAL CAPITAL FACILITIES CAPACITY CHARGES REVISED TABLE E RE INDUSTRIAL DISCHARGER, SOURCE CONTROL AND NON-COMPLIANCE SAMPLING FEES, AND REAFFIRMING ALL OTHER CHARGES WHEREAS, the Board of Directors of the Orange County Sanitation District ("OCSD") has previously adopted Ordinance No. OCSD-36, establishing Capital Facilities Capacity Charges to be imposed when properties either newly-connect to the OCSD's system, or expand the use of the property previously connected to the OCSD; establishing miscellaneous industrial discharger fees, source control/non-compliance sampling fees, and wastehauler charges, which Ordinance is presently in full force and effect; and WHEREAS, for purposes of improved efficiency and effectiveness of the OCSD's operations, it is the intent, by the adoption of this Ordinance, to establish Class I, Class II, Special Purpose Discharge and Wastehauler permit charges for use and capital facilities fees, and to provide for increases in certain miscellaneous charges and fees. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District does hereby ORDAIN: Section I. Fees and Charges Ordinance — Adopted 172010.1 1 TABLE OF CONTENTS ARTICLE I: RECITAL OF FINDINGS Section 1.01, Findings — Declaration of Intent ARTICLE II: CAPITAL FACILITIES CAPACITY CHARGES Section 2.01, Purpose and Scope Section 2.02, Definitions Section 2.03, Connection Permits: Required Section 2.04, Capital Facilities Capacity Charge: Payment Section 2.05, Capital Facilities Capacity Charge: Time of Payment Section 2.06, Capital Facilities Capacity Charge: Schedule of Amounts Table A Capital Facilities Capacity Charges Table B Plan Check and Inspection Fee Schedule Section 2.07, Supplemental Capital Facilities Capacity Charge: Significant Commercial — Industrial Users — Special Purpose Dischargers — Definitions Section 2.08, Supplemental Capital Facilities Capacity Charge: New Significant Commercial — Industrial Users Section 2.09, Supplemental Capital Facilities Capacity Charge: New Special Purpose Dischargers Section 2.10, Supplemental Capital Facilities Capacity Charge: Existing Significant Commercial — Industrial Users — Special Purpose Dischargers Table C Supplemental Capital Facilities Capacity Charges Section 2.11 , Capital Facilities Capacity Charge: Replacement Section 2.12, Capital Facilities Capacity Charge: Remodeled Section 2.13, Payment of Capital Facilities Capacity Charge: Off-Site Sewers Not Part of Master Plan Relative to Reimbursement Agreements Section 2.14, No Refund or Transfer Section 2.15, Baseline Transferability Section 2.16, Annual Updates Section 2.17, Affordable Housing Projects 172010.1 2 ARTICLE III: MISCELLANEOUS CHARGES AND FEES RELATING TO INDUSTRIAL DISCHARGERS, SOURCE CONTROL PERMITTEES AND WASTEHAULERS Section 3.01, Purpose and Scope Section 3.02, Administrative Fees and Charges Relating to Permittees Section 3.03, Industrial Discharger, Source Control, and Non-Compliance Sampling Fees Section 3.04, Special Purpose Discharge Permittees; Charges for Use Section 3.05, Class I and Class II Permittees — Charges for Use Section 3.06, Wastehauler Charges for Use Section 3.07, Administrative Appeals Table D Administrative Fees and Charges Relating To Permittees Table E Industrial Discharger, Source Control and Non-Compliance Sampling Fees Table F Class I and Class II Permittees and Special Purpose Discharge Permittees Charges For Use Table G Wastehauler Charges for Use ARTICLE IV: MISCELLANEOUS Section 4.01, Application of Ordinance Section 4.02, Exceptions Section 4.03, Severability Section 4.04, Effective Date Section 4.05, Repeal Section 4.06, Certification and Publication 172010.1 3 ARTICLE I RECITAL OF FINDINGS Section 1.01. Findings — Declaration of Intent. The Board of Directors of OCSD has previously adopted Master Plans, as more particularly described in Findings B, C, D, and E below, setting forth the financial and engineering needs of the OCSD, and hereby adopts the following Findings supporting the amounts of charges and fees adopted pursuant to this Ordinance. A. As of July 1, 1998, OCSD was consolidated into one single County Sanitation District to carry on the functions of the predecessor Districts. B. That a comprehensive 20-year Master Plan of Capital Facilities, entitled "2009 Facilities Master Plan", hereinafter referred to as the "Master Plan", which includes detailed financial and engineering reports, was prepared, approved, and adopted by the Boards of Directors in 2009 setting forth and identifying the required future development of OCSD Facilities, including the financial projections for providing sewer service to all properties within the service area. C. That the financial and engineering reports of the Master Plan were made available to the public, both prior to and subsequent to the adoption of the Master Plan, and were subject to noticed public hearings, all in accordance with the provisions of the California Constitution and Government Code Section 66016, and other provisions of law. D. That the OCSD performed a detailed assessment of all types and categories of users; the demand on the system and capacity needs of the system to provide necessary service to the multiple categories of users; the total costs of the existing and future facilities in the system; and alternative methodologies for establishing fair and equitable charges to connect to and gain access to the system. The current methodology was approved and adopted by OCSD Resolution No. 99-21 of the Board of Directors on October 27, 1999. E. That in support of this Ordinance and the revised charges for Capital Facilities Capacity Charges as provided for on Tables A, B, and C herein, the Board of Directors finds that the Capital Improvement Program is consistent with the goals and policies of the Board of Directors, the member agencies, and the public and accommodates projected increased flows and the rehabilitation and refurbishment of existing facilities. The Board further finds that programming annual adjustments in sewer service charges over a period of years is appropriate and ensures adequate revenues to finance the improvements and programs necessary to incorporate secondary treatment standards, accommodate increased flows, rehabilitate and refurbish existing facilities, and retire any necessary or prudent debt incurred to finance such improvements in a reasonable manner and over a reasonable period of time. The 572010.1 4 Board of Directors also finds that such Sanitary Sewer Service Charges and Capital Facilities Capacity Charges are reasonably related to, and do not exceed the cost of providing sewer services. F. That the financial requirements of the OCSD, as shown in reports prepared by Staff and Consultants relating to the Master Plan and the CIP validation studies, are based on current, reliable information and data relating to population projections, wastewater flow, and capital facilities' needs, and are expected to be realized in each year as described in the reports. G. That the revenues derived under the provisions of this Ordinance will be used for the acquisition, construction, reconstruction, maintenance, and operation of the sewage collection, wastewater treatment and disposal facilities of the OCSD; to repay principal and interest on debt instruments; to repay federal and state loans issued for the construction and reconstruction of said sewerage facilities, together with costs of administration and provisions for necessary reserves; and to assist in the payment of costs to the OCSD to provide all regulatory administration and laboratory services related to the industrial dischargers, source control permittees, and wastehauler users of the OCSD's systems. H. That the owners or occupants of properties upon which all fees and charges established by this Ordinance are levied, discharge wastewater to the OCSD's collection, treatment and disposal facilities. The costs of operating and maintaining said facilities have constantly increased due in part to increased regulatory requirements to upgrade the treatment process. I. That the need for upgraded and improved treatment of all wastewater collection, treatment and disposal facilities is required to protect the public health and safety, and to preserve the environment without damage. J. That the Sanitary Sewer Service Charge For Use established and levied by this Ordinance is to allow the OCSD to recover the reasonable costs to provide a service to individual properties which have been improved for any of numerous types of uses. The basis for the respective charge is the request of the owner of property or a structure thereon, for the benefit of him/her/itself, or the occupants of the property, to receive a service based upon actual use, consumption, and disposal of water to the OCSD's system in lieu of disposal by other means. K. That the Sanitary Sewer Service Charge For Use established by this Ordinance is not imposed as a condition of approval of a development project, as defined in California Government Code Section 66001, and does not exceed the estimated reasonable cost to provide the sewer service for which the fee is levied, as provided in Government Code Sections 66013 and 66016 and California Constitution Article XIIID. 572010.1 5 L. That the Sanitary Sewer Service Charge For Use adopted herein will not necessarily result in an expansion of facilities to provide for growth outside the existing service area. The adoption of this Sanitary Sewer Service Charge For Use will not result in any specific project, nor result in a direct physical change in the environment. M. That the Sanitary Sewer Service Charge For Use adopted herein is established upon a rational basis between the fees charged each customer and the service and facilities provided to each customer of the OCSD, a portion of which is necessary to replace the loss of ad valorem property taxes to the State General Fund as a result of state legislative action on September 2, 1992, and in subsequent years. N. That the Board of Directors has previously, by duly adopted Ordinances, commencing in 1969, and most recently by Ordinance No. OCSD-36, established Capital Facilities Capacity Charges, formerly known commonly as "connection charges" or "fees", to be paid by all persons obtaining a permit to connect to the OCSD's system. Said Charges are required as a financial payment to have access to and use of the OCSD's wastewater collection, treatment and disposal facilities in existence at the time of connecting to the system, and for future facilities to be constructed. O. That the Sanitary Sewer Service Charge For Use and Capital Facilities Capacity Charges established here are an incident but not a condition of development, payable only on request to receive service by the property owner for the benefit of those persons on the property that use the service. The charges are not an incident of property ownership, nor are they a property-related service having a direct relationship to property ownership. Accordingly, the provisions of California Constitution Article XIIID are not applicable. P. That the OCSD's previous and present Capital Facilities Capacity Charges Ordinances, include[d] authority for the OCSD to levy an excess or supplemental capacity charge upon commercial and industrial users who discharge quantities or high strength wastewater greater than the established base line of authorized discharge. Q. That the Capital Facilities Capacity Charges re-enacted by this Ordinance are non-discriminatory, as applied to all users of the system, and are established upon a rational basis between the fees charged each category of property that is connecting, and the service and facilities provided to each connected property or structure, by the OCSD, within a given category. R. That the miscellaneous charges and fees re-enacted by this Ordinance without change are established upon a rational basis between the fees charged to each industrial discharger, source control permittee, or wastehauler and the service and facilities provided to each. 572010.1 6 S. That the OCSD is required by federal and state law, including the Federal Water Pollution Control Act, also known as the Federal Clean Water Act (33 U.S.C. 1251, et seq.), the General Pretreatment Regulations (40 C.F.R. 403), and the Porter-Cologne Water Quality Control Act (California Water Code Sections 13000 et seq.) to implement and enforce a program for the regulation of wastewater discharges to the OCSD's sewers. T. That the OCSD is required by federal, state and local law, to meet applicable standards of treatment plant effluent quality. U. That pursuant to these requirements, the Board of Directors has adopted an ordinance establishing Wastewater Discharge Regulations. V. That the OCSD incurs additional costs in conducting non- compliance sampling of those industrial wastewater dischargers who violate the OCSD's Wastewater Discharge Regulations and in administering the industrial, wastehauler, and special discharge permit programs. W. That the ordinance establishing Wastewater Discharge Regulations provides that the Board of Directors is to establish various fees and charges to recover those costs to the OCSD which are made necessary by industrial dischargers and wastehaulers who violate the OCSD's Wastewater Discharge Regulations. X. That the industrial discharger, source control, and wastehauler fees and charges hereby established by this Ordinance do not exceed the estimated reasonable costs to the OCSD of industrial discharger, source control, or wastehauler use of the OCSD's facilities and for the administration and implementation of permit and fee processing, non-compliance sampling, and related services associated with the OCSD's Source Control Program. Y. That all fees and charges established herein have been approved by the OCSD's Board of Directors at a noticed public meeting, all in accordance with applicable provisions of law. Z. That the adoption of this Ordinance is statutorily exempt under the California Environmental Quality Act pursuant to the provisions of Public Resources Code Section 21080(b)(8) and California Code of Regulations Section 15273(a). AA. That each of the Findings set forth in previous Ordinances Nos. OCSD-05, OCSD-06, OCSD-11, OCSD-13, OCSD-15, OCSD-18, OCSD-19, OCSD-20, OCSD-22, OCSD-24, OCSD-26, OCSD-30B, OCSD-32, OCSD-36 are reaffirmed and readopted hereat, except to the extent that they have been specifically superseded or otherwise amended by specific Findings herein. 172010.1 7 ARTICLE II CAPITAL FACILITIES CAPACITY CHARGES Section 2.01. Purpose and Scope. The purpose of this Ordinance is to impose Capital Facilities Capacity Charges when properties, either newly-connect to the OCSD's system, or expand the use of the property previously connected to the OCSD. Revenues derived under the provisions of this Ordinance will be used for the acquisition, construction, and reconstruction of the wastewater collection, treatment and disposal facilities of the OCSD; to repay principal and interest on debt instruments; or to repay federal or state loans for the construction and reconstruction of said sewerage facilities, together with costs of administration and provisions for necessary reserves. Section 2.02. Definitions. A. "Actual construction costs" include the cost of all activities necessary or incidental to the construction of a OCSD facility, such as financing, planning, designing, acquisition of the property or interests in the property, construction, reconstruction, rehabilitation, and repair. B. "Capital Facilities Capacity Charge" means a one-time, non- discriminatory charge imposed at the time a building or structure is newly connected to the OCSD's system, directly or indirectly, or an existing structure or category of use is expanded or increased. Said charge is to pay for OCSD facilities in existence at the time the charge is imposed, or to pay for new facilities to be constructed in the future, that are of benefit to the property being charged. This charge does not apply to temporary facilities or operations that are regulated under the provisions of a Special Purpose Discharge Permit. A schedule of the Capital Facilities Capacity Charges specified herein will be on file in the Office of the Board Secretary of the OCSD, and in the Building Department of each City within the OCSD. C. "Connection fee" means a fee equal to the cost necessary to physically connect a property to the OCSD's system, including but not limited to, installation of meters, meter boxes, pipelines, and appurtenances to make the connection and which fee does not exceed the actual cost of labor, materials, and overhead for the installation of those facilities. D. "Non-discriminatory" means that the Capital Facilities Capacity Charge does not exceed an amount determined on the basis of the same objective criteria and methodology applicable to comparable public or non-public users, and is not in excess of the proportionate share of the cost of the OCSD's facilities of benefit to the person or property being charged, based upon the proportionate share of use of those facilities. 572010.1 8 E. "Public agency" means the United States or any of its agencies, the State or any of its agencies, the Regents of the University of California, a county, city, district, school district, local or regional public authority, or any other political entity, subdivision or public corporation of the State. F. The Supplemental Capital Facilities Capacity Charge, as provided for in Sections 2.07, 2.08, 2.09, and 2.10 of this Ordinance, is an annual charge payable to the OCSD on a quarterly or annual basis, as determined by the OCSD. Said charge is required to be paid by dischargers that exceed the maximum quantity of flow or constituents (BOD or SS) allowed as a base use for which the CFCC is paid. Section 2.03. Connection Permits: Required. A. Connection permits are required of each and every dwelling unit, and each commercial or industrial building, and structure connecting directly or indirectly to the OCSD's sewerage system facilities. Included are the connections of laterals to local municipal sewerage facilities, and the connection of local municipal sewerage facilities and laterals to the OCSD's facilities. Multiple detached structures on a single parcel of property shall each be required to obtain a connection permit. B. Except as authorized by the issuance of a Special Purpose Discharge Permit under Sections 305 — 305.6 of the OCSD's Wastewater Discharge Regulations, or as authorized pursuant to a special extra territorial service agreement approved by the Board of Directors, no permit shall be valid unless the real property to be served by use of the permit is included within the boundaries of the OCSD and within the boundaries of a local sewering agency authorized to maintain public sewering facilities. However, a permit, as authorized above, may be issued for property to be served outside the boundaries of a local sewering agency if a local sewering agency makes application for the issuance of such permit. There will be a non-discriminatory Capital Facilities Capacity Charge assessed to public agencies for connecting directly or indirectly to the OCSD's sewerage system facilities and a connection permit must be obtained. Section 2.04. Capital Facilities Capacity Charge: Payment Required. No application for a permit for a connection of a structure to an OCSD sewerage facility, or to any sewerage facility which discharges into an OCSD sewerage facility, shall be approved, nor a permit issued, until an OCSD Capital Facilities Capacity Charge is paid by the applicant, except as provided for discharges under a Special Purpose Discharge Permit. No connection permit shall be issued unless there is an established category of use of the property to be served or a valid building permit issued which establishes the category of use of said property. 172010.1 9 Section 2.05. Capital Facilities Capacity Charge: Time of Payment. A. Payment of the Capital Facilities Capacity Charge established by this Ordinance for connection to the OCSD's sewerage system facilities shall be required at the time of issuance of the building permit for all construction within the OCSD, excepting in the case of a building legally exempt from the requirement of obtaining a permit. The payment of the Capital Facilities Capacity Charge for such exempt buildings will be required at the time of and prior to the issuing of a plumbing connection permit for any construction within the territorial limits of the OCSD, or if none, prior to the issuance of a Certificate of Occupancy. B. Upon application of any property owner seeking to connect to the OCSD's system, the Board of Directors of OCSD, in its sole and absolute discretion and upon a finding of compelling need, may, pursuant to the authority of California Health & Safety Code Section 5474, approve of an agreement with the property owner for the payment of the applicable connection charge and/or annexation fees in installment payments over a period of not to exceed five (5) years, bearing an interest rate on the unpaid balance of not to exceed ten (10%) percent per annum and that the charges and interest shall constitute a lien on the property. Section 2.06. Capital Facilities Capacity Charge and Plan Check and Inspection Fees: Schedule of Amounts. A. Every person or entity connecting any new or expanded building or structure to the OCSD's system facilities shall pay a Capital Facilities Capacity Charge in the amount for the applicable category of use set forth on Table A, below. B. Every person or entity connecting any new or expanded building or structure directly to the OCSD's local or regional system facilities shall pay Plan Check and Inspection Fees in the amount set forth on Table B, below. 572010.1 10 TABLE A CAPITAL FACILITIES CAPACITY CHARGES (CFCC) Use Category Rate Basis Base Charge Commercial— Industrial Per 1,000 square feet' Low Demand Per 1,000 square feet $ 272.00' Average Demand4 Per 1,000 square feet $1,692.00' High Demand Per 1,000 square feet $4,019.00' Single Family Residential (SFR)5 Base Charge 5+ Bedrooms $4,532.00 4 Bedrooms $3,881.00 3 Bedrooms $3,261.00 2 Bedrooms $2,640.00 1 Bedroom $2,019.00 Multi-Family Residential (MFR)6 Base Charge 4+ Bedrooms $3,523.00 3 Bedrooms $2,902.00 2 Bedrooms $2,281.00 1 Bedroom $1,630.00 Studio' $1,047.00 Supplemental CFCC for Permit Users, includes 5% cost of funds. Flow, gallons per day $0.001638 BOD, pounds per day $0.351200 SS, pounds per day $0.188340 Provided that the minimum Capital Facilities Capacity Charge for such new construction shall be $3,261; and all calculations shall be on a 1,000 square foot, or portion thereof, basis. 2Low Demand connections are the following categories of users: Nurseries; Warehouses; Churches; Truck Terminals; RV Parks, RV Storage Yards, Lumber/Construction Yards, Public Storage Buildings; and other facilities with restrooms, offices, lobbies and/or areas whose flows are similar in volume to these listed categories Parking Structures not connected to the sewer will not be charged. 3High Demand connections are the following categories of users: Restaurants (including patios used for additional seating capacity), Supermarkets; Car Washes; Coin Laundries; Amusement Parks; Shopping Centers with one or more Restaurants, or Food Court; Food Processing Facilities; Textile Manufacturers; and other dischargers whose flow is similar in volume to these listed categories. 4All other connections are Average Demand users including: Hotels, Strip Malls without restaurants, Music Halls without food facilities, Office buildings, Senior Housing with individual living units without kitchens but with a common kitchen,and wash pads 5 Bedroom additions are considered a change of use and a CFCC must be paid. Bedrooms include enclosed loft additions„ bonus rooms that may be used as offices, workout rooms, media rooms, or libraries, or any other additions, which could potentially be used as a bedroom. The classification of these additions will be reviewed and determined by staff Any detached building such as an addition over an existing garage or a new building with the same designation as mentioned above will be considered a separate living residence (SFR). 6MFR units consist of multiple units that receive one secured property tax bill such as apartments. Senior housing with individual living units that include a kitchen are considered MFR units. Studio — one single room with no separating doors or openings leading to another part of the room (except for a bathroom). 572010.1 1 1 TABLE B PLAN CHECK AND INSPECTION FEE TABLE INSPECTION FEES FOR SINGLE CONNECTIONS FEE Normal lateral installation to property line with clean out $500.00 Lateral Installation to existing manhole stub with clean out $500.00 Core drilling in to an existing manhole base - add $300.00 Installation of new manhole with stub over existing line $1,000.00 INSPECTION FEES FOR MULTIPLE CONNECTIONS Plan check and inspection fees of 20 percent of the sewer construction cost for new tract sewers, sewer extensions or special facilities are required when plans are submitted for plan check. If additional funds are needed, they must be deposited as soon as they are requested to complete the inspection on the project. If funds are required after the work is completed, they must be paid before OCSD finals the sewer project. Section2.07. Supplemental Capital Facilities Capacity Charge: Significant Commercial — Industrial Users and Significant Special Purpose Dischargers — Definitions. A. A Significant Commercial — Industrial User ("SCIU") is any person or entity who discharges commercial or industrial process flow, but excluding domestic sewage flow, in an amount greater than 25,000 gallons per day ("gpd"), or Biochemical Oxygen Demand ("BOD") greater than 150 pounds per day, or Suspended Solids ("SS") greater than 150 pounds per day, or who is required to obtain a Waste Discharge Permit, as prescribed by Article 3 of the OCSD's Wastewater Regulations, due to having federally or OCSD regulated or significant discharges. B. A Significant Special Purpose Discharger ("SSPD") is any person or entity who discharges to the sewer system wastewater or process flow in an amount greater than 25,000 gpd (excluding domestic, industrial or commercial) and who is required to obtain a Special Purpose Discharge Permit as prescribed in Section 305 of the OCSD's Wastewater Regulations. A Special Purpose Discharger (SPD) discharges 25,000 gpd or less. C. An Existing SCIU or SSPD is any SCIU or SSPD connected and discharging to the OCSD's system prior to January 1, 2000. 172010.1 12 D. A New SCIU or SSPD is any user who connects and discharges to the OCSD's system pursuant to a Waste Discharge Permit issued on or after January 1, 2000; or if previously connected and not an SCIU, as defined in Subparagraphs2.07A and B above, but, subsequent to January 1 , 2000, increases flow, or BOD, or SS to a level as to constitute an SCIU or SSPD. E. The maximum discharge allowed to a user, for which a base Capital Facilities Capacity Charge is paid, as per Table A, above, is 25,000 gallons per day ("gpd"), or 150 pounds each of BOD and SS (the "base use"). Discharge of flow, or BOD, or SS in amounts greater than allowed by this Subsection2.07E shall be subject to the provisions of Sections 2.08 and 2.09 hereof. F. Each Existing SCIU shall have a baseline of allowed discharge of flow, and BOD, and SS established by the OCSD as of January 1 , 2000. The baseline shall be based upon the discharge for Fiscal Year 1998-99, or upon such other discharge data which the OCSD determines is representative of the user's actual annual discharge to the sewerage system. Dischargers who are deemed to be SCIU's solely because of the requirements to obtain a Waste Discharge Permit, pursuant to Section 2.07A above, shall have a minimum baseline established as follows: Flow— 25,000 gallons per day; BOD — 150 pounds per day; and SS — 150 pounds per day. The SCIU shall be authorized to discharge flow, and BOD, and SS up to the baseline amounts without payment of a Supplemental Capital Facilities Capacity Charge. G. Each Existing SPD shall have a baseline of 25,000 gpd. The Existing SPD shall be authorized to discharge flow up to 25,000 gpd without payment of a Supplemental Capital Facilities Capacity Charge. H. The Supplemental Capital Facilities Capacity Charge, as prescribed by Sections 2.08, 2.09, and 2.10 below, shall be payable commencing with the effective date of this Ordinance. Section 2.08. Supplemental Capital Facilities Capacity Charge: New Significant Commercial — Industrial Users. In addition to the base Capital Facilities Capacity Charge, as prescribed in Table A, for commercial — industrial use category properties, all New SCIU's shall pay a Supplemental Capital Facilities Capacity Charge for each gallon of flow, or pound of BOD, or SS, exceeding the base use discharge maximums, in the amount shown in Table C. Section 2.09. Supplemental Capital Facilities Capacity Charge: Significant Special Purpose Dischargers. All SSPDs shall pay a Supplemental Capital Facilities Capacity Charge of $.001638 per gallon per day for each gallon of flow exceeding 25,000 gallons per day. 172010.1 13 Section 2.10. Supplemental Capital Facilities Capacity Charge: Existing Significant Commercial — Industrial Users and Special Purpose Dischargers. A. All Existing Significant Commercial — Industrial Users connected to and discharging to the OCSD's system shall be required to pay a Supplemental Capital Facilities Capacity Charge upon the occurrence of either (i) an increase of discharge flow of 25,000 gallons per day ("gpd"), or 25% per day over its established baseline authorization, whichever is lesser; or (ii) an increase of either BOD or SS discharge of 150 pounds each per day, or 25% each per day, whichever is lesser, over its established baseline authorization. The daily averages will be based on the daily discharges for a year, utilizing discharge records and reports of the discharger or OCSD. B. The Supplemental Capital Facilities Capacity Charge shall be in the following amounts for each component that is increased as provided in Section2.10A above. TABLE C SUPPLEMENTAL CAPITAL FACILITIES CAPACITY CHARGES Daily Charge Flow Gallons Per Day $0.001638 BOD Pounds Per Day $0.351200 SS Pounds Per Day $0.188340 C. All Existing SPDs connected and discharging to the sewer shall be required to pay a Supplemental Capital Facilities Capacity Charge upon occurrence of an increase of discharge flow over 25,000 gpd. The Supplemental Capital Facilities Capacity Charge shall be $ 0.001638 per gallon per day of discharge for each gallon above 25,000 gpd. D. The Supplemental Capital Facilities Capacity Charge shall be calculated on the basis of the average daily quantity of discharge in excess of the User's baseline or 25,000 gpd for SPDs. The daily averages will be based on the daily discharges for a year, utilizing discharge records and reports of the OCSD. Section 2.11 . Capital Facilities Capacity Charge: Replacement Structures. For new construction replacing former structures, the Capital Facilities Capacity Charge shall be calculated and paid to the OCSD on the rate basis of the category of the new use and the amounts as set forth in Table A, less a credit amount, up to the amount of the new Capital Facilities Capacity Charge, equal to a charge, as prescribed in Table A that would be for the prior category of use which was terminated and removed. 172010.1 14 Section 2.12. Capital Facilities Capacity Charge: Remodeled Structures. In the case of existing structures connected to the OCSD's system facilities, to which new construction or alteration is made to change or increase the category of use or number of bedrooms, a Capital Facilities Capacity Charge shall be calculated and paid to the OCSD on the rate basis of the category of the new use and the amounts as set forth in Table A, less a credit amount, up to the amount of the new Capital Facilities Capacity Charge, equal to a charge, as prescribed in Table A for the prior category of use. Section 2.13. Payment of Capital Facilities Capacity Charge: Off-Site Sewers Not Part of Master Plan Relative to Reimbursement Agreements. A charge for connection to off-site sewers which are not included as part of the OCSD Master Plan and for which a Non-Master Plan Reimbursement Agreement has been entered into between the OCSD and the property owner, shall be paid in the amount provided for in said Agreement, to be known as a Non-Master Plan Capital Facilities Capacity Charge. The amount set forth in said Agreement shall be the amount due, provided the original Agreement is still in force. The Non-Master Plan Capital Facilities Capacity Charge shall be in addition to the other Capital Facilities Capacity Charges provided for in Sections 2.06 through 2.10 hereinabove, established for property connecting to said facilities. Section 2.14. No Refund or Transfer. A Capital Facilities Capacity Charge is paid for the connection of a specific building or structure on a parcel of property. No refund of any charge shall be made because of non-use or change of use, or any other reason once the connection has been made. If the connection is not made and the request for connection is withdrawn within 12 months of the payment date, the charges paid will be refunded upon establishing proof from the City or County of a canceled permit. The connection permit is non-transferable to any other parcel of property. Section 2.15. Baseline Transferability. The baseline of allowed discharge of flow, BOD and SS used to calculate a Supplemental Capital Facilities Capacity Charge shall not be transferable, nor shall a credit for such previously existing baseline be provided to another SCIU concurrently or subsequently occupying the same property. Each such SCIU shall pay Supplemental Capital Facilities Capacity Charges in accordance with Section 2.08 above. Section 2.16 Capital Facilities Capacity Charge Annual Updates. The Capital Facilities Capacity Charge is based upon the most recently completed Master Plan. This charge is updated annually based upon the increase in the Engineering News-Record construction cost index for Los Angeles as of December of the prior year until the completion of the next Master Plan or Master Plan Update. Section 2.17 Affordable Housing Projects. Per Resolution 06-18, development projects that include lower income housing units shall not be denied approval of an application for service, nor shall conditions be imposed thereon or services reduced which are applied for, unless the OCSD makes specific written 572010.1 15 findings that the denial, condition, or reduction is necessary due to the existence of one or more of the following: (a) insufficient water supply or insufficient water treatment or distribution capacity; (b) a State Department of Health Services order prohibiting new water connections; (c) insufficient sewer treatment or collection capacity; (d) a Regional Water Quality Control Board order prohibiting new sewer connections; (e) the applicant has failed to agree to reasonable terms and conditions. 172010.1 16 ARTICLE III MISCELLANEOUS CHARGES AND FEES RELATING TO INDUSTRIAL DISCHARGERS, SOURCE CONTROL PERMITTEES AND WASTEHAULERS Section 3.01. Purpose and Scope. The purpose of this Ordinance is to recover those costs incurred by the OCSD (i) on account of industrial dischargers' and wastehaulers' use of the OCSD's facilities; (ii) when administering the OCSD's Source Control Program; and (iii) when performing non-compliance sampling of industrial wastewater dischargers who have violated the OCSD's Wastewater Discharge Regulations or the terms and conditions of the discharger's permit. Revenues derived under the provisions of this Ordinance shall be used to defray the costs incurred by the OCSD (i) on account of such use of the OCSD's facilities; and (ii) in performing these tasks. Section 3.02. Administrative Fees and Charges Relating to Permittees. Administrative fees and charges relating to permittees are hereby established in the sum or sums as set forth in Table D, E, F, G, H, and I, below. Section 3.03. Source Control Non-Compliance Fees. Source control non- compliance fees are hereby established for dischargers' non-compliance sampling and for self-monitoring and data reporting non-compliance, in the sum or sums as set forth in Table E, below. Section 3.04. Special Purpose Discharge Permittees; Charges for Use. As authorized by Sections 305.5 and 305.6 of the OCSD's Wastewater Discharge Regulations, charges for use are hereby established for Special Purpose Discharge Permittees, as set forth in Table F, below. Section 3.05. Class I and Class II Permittees — Charges for Use. As authorized by Sections 302.3, 302.6, 303.3 and 303.6 of the OCSD's Wastewater Discharge Regulations, the charges for use are hereby established for Class I and Class II Permittees as set forth in Table F, below. Section 3.06. Wastehauler Charges for Use. As authorized by Sections 306.3 and 306.7 of the OCSD's Wastewater Discharge Regulations, the charges for use are hereby established for wastehaulers as set forth in Table G, below. Section 3.07. Administrative Appeals. A. Any user, permit applicant, or permittee affected by any decision, action, or determination by the OCSD may, within forty-five (45) days of the date of mailing by the OCSD of the initial invoice for fees imposed pursuant to this Ordinance, request that the OCSD reconsider imposition of such fees. Following review of such a 172010.1 17 request, the OCSD shall notify the user, permit applicant, or permittee by certified mail of the OCSD's decision on the reconsideration request. B. Any user, permit applicant, or permittee adversely affected by the OCSD's decision on the reconsideration request, may file an appeal in accordance with Sections 617 and 619 of the OCSD's Wastewater Discharge Regulations. TABLE D ADMINISTRATIVE FEES AND CHARGES RELATING TO PERMITTEES Permit Fees Charges A. Class I Wastewater Discharge Permit $785.00/year B. Class II Wastewater Discharge Permit $170.00/year C. Special Purpose Discharge Initial Permit Issue $1,050.00/year Nonrefundable Deposit for First 1 Million As Defined in Gallons — New Permit Only Table F Special Purpose Discharge Permit Renewal $750.00/year D. Wastehauler Discharge Permit $190.00/year Wastehauler Fees Charges F. Permit Decal Initial Issue $25.00 G. Permit Decal Replacement $50.00 H. Entry Card Initial Issue $50.00 I. Entry Card Replacement $100.00 J. After Hours Discharge — Prearranged $102.00/event K. After Hours Discharge — Emergency $165.00.00/event Administrative/Processing Fees Charges L. OCSD's Collection of Tax Data $100.00/permit M. OCSD's Collection of Water Consumption Data $100.00/permit N. Appeal Hearing Filing Fee $400/appeal 172010.1 18 TABLE E INDUSTRIAL DISCHARGER, SOURCE CONTROL AND NON-COMPLIANCE SAMPLING FEES Charge Cost of Processing and Sampling Following a Minor Violation $225.00/event Cost of Processing and Sampling Following a Major Violation $500.00/event Cost of Analysis Charge Heavy Metals: $35.00/each - Aluminum - Antimony - Arsenic - Cadmium - Chromium - Copper - Gold - Lead - Molybdenum - Nickel - Palladrum - Platinum - Selenium - Silver - Thallium - Zinc Mercury $78.00 601/602 $152.00 604 $223.00 606 $254.00 608 $523.00 610 $73.00 612 $200.00 624 $355.00 625 $661 .00 172010.1 19 TABLE E (CONTINUED) INDUSTRIAL DISCHARGER, SOURCE CONTROLAND NON-COMPLIANCE SAMPLING FEES Charge Ammonia Analysis as Nitrogen $ 21.00 Biochemical Oxygen Demand (BOD) $ 44.00 BOD and Suspended Solids (SS) Analysis $ 67.00 Chemical Oxygen Demand $ 44.00 Conductivity $ 15.00 Cyanide (Amenable) $ 70.00 Dissolved Mineral Solids $ 15.00 Gamma Radiation Determination $115.00 Gross Alpha and Beta Determination $ 50.00 Tritium Determination $ 50.00 Oil & Grease (Hexane Soluble Matter) $ 74.00 Oil & Grease (Mineral Partition) $ 74.00 Total Organic Nitrogen $ 48.00 pH $ 8.00 Fluoride $ 51 .00 Suspended Solids (Total) $ 23.00 Suspended Solids (Total and Volatile) $ 44.00 Total Dissolved Solids $ 14.00 Total Sulfides $ 29.00 SELF-MONITORING AND DATA REPORTING NON-COMPLIANCE Cost of Processing and Issuing Significant Non-Compliance Notification $165.00 Cost of Processing Annual SNC and Publication $260.00 172010.1 20 TABLE F CLASS I AND CLASS II PERMITTEES AND SPECIAL PURPOSE DISCHARGE PERMITTEES CHARGES FOR USE Class I and II Permit User FY 2008-09 FY 2009-10 FY 2010-11 FY 2011-12 FY 2012-13 Flow (*) $ 840.30 $ 924.40 $1,016.80 $1,116.50 $1,225.90 B.O.D. (**) $ 399.50 $ 439.40 $ 483.30 $ 530.70 $ 582.70 S.S. (***) $ 424.90 $ 467.30 $ 514.10 $ 564.50 $ 619.80 Special Purpose Discharge Permit FY 2008-09 FY 2009-10 FY 2010-11 FY 2011-12 FY 2012-13 Flow (*) $ 840.30 $ 924.40 $1,016.80 $1,116.50 $1,225.90 (*) Flow Per million gallons of Flow (**) B.O.D. Per thousand pounds of Biochemical Oxygen Demand (***) S.S. Per thousand pounds of Suspended Solids All properties located within Revenue Area No. 14 pay no annual service fees. OCSD costs relating to providing service to these properties are billed by OCSD directly to the Irvine Ranch Water District, the local agency providing the local sewer service. 172010.1 21 TABLE G WASTEHAULER CHARGES FOR USE Wastehauler Fees Charges Charge for Use —Waste originating $0.05/gallon of truck capacity -within Orange County; -within service area; and -within OCSD Boundaries Charge for Use —Waste originating $0.12/gallon of truck capacity -within Orange County; -within service area and outside OCSD Boundaries Charge for Use — Waste originating $0.12/gallon of truck capacity -Outside Orange County; and within service area Waste hauled from a source that is not within the OCSD's service area is prohibited unless authorized by the General Manager. Service area is defined as any area the OCSD has an agreement to serve. 172010.1 22 ARTICLE IV MISCELLANEOUS Section 4.01. Application of Ordinance. The provisions of this Ordinance shall be in addition to the provisions of the OCSD's Wastewater Discharge Regulations for use of OCSD's sewage facilities, including provisions for payment of charges or fees related thereto; OCSD's ordinance establishing Fees Concerning Annexations of Territory to the OCSD; and any other OCSD Ordinances and Resolutions not in conflict herewith. Section 4.02. Exceptions. The provisions of this Ordinance shall apply to all owners of properties within the OCSD, including those properties otherwise deemed exempt from payment of taxes or assessments by provisions of the State Constitution or statute, including properties owned by other public agencies or tax-exempt organizations, except as expressly provided herein. Section 4.03 Out of Area Sewer Service Agreements. The OCSD is empowered to contract for the transport, treatment and disposal of wastewaters originating within areas outside of the OCSD if it is in the best interest of the OCSD to do so. These Out of Area Sewer Service Agreements will establish fees and charges relative to the services provided by the OCSD for each individual agreement. The Board of Directors of the Orange County Sanitation District does further hereby ORDAIN: Section II. Severability. If any provision of this Ordinance, or the application to any person or circumstances is held invalid by order of Court, the remainder of the Ordinance, or the application of such provision to other persons or other circumstances, shall not be affected. Section III. Effective Date. This Ordinance shall take effect July 1, 2010. Section IV. Repeal. Ordinance No. OCSD-36 is hereby repealed. Section V. Certification and Publication. The Clerk of the Board shall certify to the adoption of this Ordinance, and shall cause a summary to be published in a newspaper of general circulation as required by law. 572o 10.1 23 PASSED AND ADOPTED by a vote of not less than two-thirds of the Board of Directors of the Orange County Sanitation District at a Regular Meeting held May 26, 2010. Chair, Board of Directors Orange County Sanitation District ATTEST: Clerk of the Board Bradley R. Hogin, General Counsel 172010.1 24 2010 CFCC Benchmarking Residential Non-residential per 1,000 sq ft Agency 1 EDU* LOW AVG HIGH Notes City of Modesto $21,670 $3,215 $11,365 $19,745 Dublin San Ramon Services District $13,393 $1,830 $3,040 $35,210 Sacramento County $7,450 $745 $1,490 $14,900 City of Hayward $6,702 $816 $3,265 $31,344 Note 1 Oro Loma Sanitary District $6,555 N/A N/A N/A Note 7 Central Contra Costa Sanitary District $6,124 $842 $1,826 $23,505 Note 4,6 Orange County Sanitation District $4,998 $241 $1,501 $3,565 City of San Diego $4,124 N/A N/A N/A Note 7 Los Angeles County $4,055 $380 $2,798 $24,962 Note 5,6 Irvine Ranch Water District $3,928 $692 $692 $692 Note 2, 3 Union Sanitary District $3,813 $700 $1,800 $8,270 San Francisco $3,124 $160 $2,140 $6,500 Note 6 Vallejo Sanitation $2,415 $270 $1,865 $6,800 City of Fresno $2,119 $208 $601 $7,540 Note 1 East Bay MUD $1,235 $188 $752 $15,224 Note 1 City of Los Angeles $747 $52 $449 $1,513 * = Equivalent Dwelling Unit Low=Warehouse Avg= Office/Commercial High = Restaurant Notes: (1) - Non-residential data represents OCSD flow, bod, and/or tss assumptions (2)- Residential average rate for Improvement District 1 (3)- Non-residential data has no distinction between low, avg, high (4)- Data represents average of gravity and gravity& pumping zones (5)- Data represents average of all districts (6)-Currently conducting rate study or increases are being scheduled (7)- Information could not be obtained from agency