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HomeMy WebLinkAbout09-05-2012 Operations Committee Agenda Packet Orange County Sanitation District Wednesday, September 5, 2012 Regular Meeting of the _ 5:00 P.M. Operations Committee Administration Building Board Room 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7130 AGENDA PLEDGE OF ALLEGIANCE: DECLARATION OF QUORUM: PUBLIC COMMENTS: If you wish to speak, please complete a Speaker's Form and give it to the Clerk of the Board. Speakers are requested to limit comments to three minutes. REPORTS: The Committee Chair and the General Manager may present verbal reports on miscellaneous matters of general interest to the Committee Members. These reports are for information only and require no action by the Committee. DEPARTMENT HEAD REPORT: ( CIP Update CONSENT CALENDAR: 1. Approve Minutes of August 1, 2012, Operations Committee meeting. 2. Recommend to the Board of Directors to: Approve a Non-Exclusive Access Agreement, in a form approved by General Counsel, with the Newport Beach Veterinary Hospital to access a portion of the Sanitation District's property. 09/05/12 Operations Committee Agenda Page 1 of 3 3. Recommend to the Board of Directors to: A. Approve Amendment No.1 to the Agreement with Hill Brothers Chemical Company, for Regional Odor and Corrosion Control Services, Specification No. C-2012-524BD, to include emergency and backup services options, for calcium nitrate, unit price $3.35 per gallon plus tax, $100 freight per delivery, and service fee $1,500 per station per day operating (maximum 48 hours); for magnesium hydroxide at a unit price $580 per dry ton plus tax, $385 freight per delivery, and service fee $1,500 per station per day operating (maximum 48 hours); for the period July 1, 2012 through June 30, 2013 with four one-year renewal options; and B. Approve Amendment No.1 to the Agreement with Hill Brothers Chemical Company, for Regional Odor and Corrosion Control Services, Specification No. C-2012-524BD, to include a $100 per hour demurrage fee for mobile dosing upon request for magnesium hydroxide at a unit price $580 per dry ton plus tax, $385 freight per delivery (maximum 48 hours); for the period July 1, 2012 through June 30, 2013 with four one- year renewal options. INFORMATION ITEMS: 4. Electrical and Mechanical Predictive Maintenance Programs OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: ADJOURNMENT: The next Operations Committee meeting is scheduled for Wednesday, October 3, 2012, at 5:00 p.m. 09/05/12 Operations Committee Agenda Page 2 of 3 Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at (714)593-7130 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2,this agenda has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting to all,or a majority of the Board of Directors,are available for public inspection in the office of the Clerk of the Board. NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the Clerk of the Board 14 days before the meeting. Maria E.Ayala Clerk of the Board (714)593-7130 mavala(alocsd.com For any questions on the agenda,Committee members may contact staff at: General Manager Jim Ruth (714)593-7110 imthaocsd.cem Assistant General Manager Bob Ghirelli (714)593-7400 rohirelli(c),ocsd.com Assistant General Manager Jim Herberg (714)593-7300 iherbergiB)ocsd.com Director of Facility Support Services Nick Arhontes (714)593-7210 narhontesOocsd.com Director of Operations&Maintenance Ed Torres 714 593-7080 etorres ocsd.com 09/05/12 Operations Committee Agenda Page 3 of 3 OPERATIONS COMMITTEE Meeting Date TOBd.ofDir. 09/05/12 Og/26/12 AGENDA REPORT Item Number Item Number z Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Jim Herberg, Assistant General Manager Project Manager: Martin Dix SUBJECT: ROCKY POINT PUMP STATION, CONTRACT NO. 5-50 GENERAL MANAGER'S RECOMMENDATION Approve a Non-Exclusive Access Agreement, in a form approved by General Counsel, with the Newport Beach Veterinary Hospital to access a portion of the Sanitation District's property. SUMMARY In 2004, the Orange County Sanitation District (Sanitation District) purchased real property located at 1700-2000 West Coast Highway in the City of Newport Beach (OCSD Property) from International Bay Clubs, Inc. (IBC), for the purpose of constructing a replacement for the outdated Rocky Point Pump Station. The Newport Beach Veterinary Hospital (Hospital) claims that pursuant to an agreement with IBC, the Hospital was permitted to use a small strip of land in the rear portion of Lot 61, located on Tract No. 1210, which is within the OCSD Property, for the purpose of walking animals (Access Area). Following the transfer of OCSD Property from IBC to the Sanitation District in 2004, the Hospital continued to use the Access Area for the purpose of walking animals. Staff recently became aware of the Hospital's continued use of the Access Area. The purpose of the Non-Exclusive Access Agreement is to memorialize the duties and obligations of the parties with respect to the Hospital's use of the Access Area. The proposed Non-Exclusive Access Agreement between the Sanitation District and the Hospital would allow the Hospital to continue to use the Access Area only for the limited purposes identified until either party terminates the agreement or the Sanitation District sells the property. PRIOR COMMITTEE/BOARD ACTIONS September 2007 — Approved the Purchase Option Agreement with CCCD and OCC regarding Rocky Point Pump Station Site, in a form approved by General Counsel. December 2005 — (1) Approved a Memorandum of Understanding between CCCD and the Sanitation District in connection with the replacement of the Rocky Point Pump Station, Contract No. 5-50; and (2) authorized the General Manager to negotiate with Page 1 of 2 CCCD concerning the sale, lease, or transfer and eventual use of the unused portion of the Rocky Point Pump Station property at 1700-2000 West Coast Highway. October 2004 — Approved the Purchase and Sale Agreement and Joint Escrow Instructions for the real property located at 1700-2000 West Coast Highway between the Sanitation District and International Bay Clubs, Inc. December 2001 — (1) Authorized the General Manager to negotiate with CCCD to establish a joint project agreement to be approved by the Board of Directors in connection with the Replacement of the Rocky Point Pump station; and (2) authorized the General Manager to negotiate with International Bay Clubs, Inc. for the purchase of real properties located at 1700 to 2000 West Coast Highway, Newport Beach for the replacement of the Rocky Point Pump Station. ADDITIONAL INFORMATION The design and construction of the Rocky Point Pump Station left a portion of the OCSD Property available for other uses. Specifically, staff has assessed the remaining unused portion of the OCSD Property, and has determined that Lots 61, 62, 63, 64, and 65 of OCSD Property located on Tract No. 1210, are no longer necessary for the Sanitation District's use (Excess Property). Staff is in the process of surveying the Excess Property and evaluating the Sanitation District's alternatives with respect to the Excess Property. CEQA The recommended action is statutorily exempt from CEQA under Sections 15060 and 15378 of the CEQA Guidelines because the action will not result in a direct or reasonably foreseeable indirect physical change in the environment. BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District's Delegation of Authority. This item is budgeted and the budget is sufficient for the recommended action (FY2012-13, Section 8, Page 28). Date of ADDroval Contract Amount Continoencv N/A N/A N/A ATTACHMENT Non-Exclusive Access Agreement JH:MD:dm:gc Page 2 d 2 NON-EXCLUSIVE ACCESS AGREEMENT THIS ACCESS AGREEMENT ("Agreement") is made and entered into as of September 2012 ("Effective Date") between JEFFREY COHEN, DB/A NEWPORT BEACH VETERINARY HOSPITAL ("Hospital"), and ORANGE COUNTY SANITATION DISTRICT ("OCSD"). Hospital and OCSD are individually or collectively referred to herein as the "Party" or the "Parties." This Agreement is made with reference to the following facts: A. OCSD owns real property located at 1700-2000 West Coast Highway in the City of Newport Beach, California ("OCSD Property"), which includes Lot 61 located on Tract No. 1210; and B. OCSD purchased the OCSD Property in 2004 from International Bay Clubs, Inc ("IBC"); and C. OCSD intends to declare as surplus and dispose of portions of the OCSD Property sometime within the near future, including all or some portions of Lot 61 located on Tract No. 1210; and D. Hospital is the tenant of property located at 1610 West Pacific Coast Highway in the City of Newport Beach, California ("Hospital Property"), which is immediately adjacent to the OCSD Property; and E. Hospital asserts that pursuant to an agreement with IBC, Hospital was permitted to use a small strip of land in the rear portion of Lot 61 located on Tract No. 1210 for the purpose of walking animals; and F. Following the sale of the OCSD Property by IBC to OCSD, Hospital continued to use the rear portion of Lot 61 located on Tract No. 1210 for the purpose of walking animals; and G. OCSD is agreeable to allowing Hospital to use the rear portion of Lot 61 located on Tract No. 1210 for the sole purpose of walking animals until OCSD sells the surplus OCSD Property, and the Parties intend to memorialize the duties and obligations of each of the Parties as set forth herein. NOW, THEREFORE, in consideration of the mutual obligations, representations, and promises contained in this Agreement, Hospital and OCSD hereby agree as follows: 1. Grant of Access. OCSD hereby grants Hospital (and its employees) temporary non-exclusive access to enter into and upon the rear portion of Lot 61 located on Tract No. 1210 outlined in red on Exhibit "A" attached hereto and incorporated herein by reference ("Access Area") for the purpose of walking animals. Hospital shall not interfere with OCSD's operation and use of the OCSD Property, if any, to the maximum extent possible. 2. Term. This Agreement shall commence on the Effective Date and shall terminate 867865.1 either upon five (5) day's written notice by either Party of such termination or upon the sale of the OCSD Property, including all or a portion of Lot 61 located on Tract No. 1210, whichever occurs first. 3. Safety and Site Condition. Hospital shall conduct its operations in a safe manner in compliance with all laws, including, but not limited to, environmental laws, and shall cooperate in maintaining the site in a safe, clean and orderly condition. Hospital agrees that it will maintain no nuisance on the OCSD Property and will not allow odors or noise to unreasonably impact neighboring properties. Upon the termination of this Agreement, Hospital shall restore the Property to as close to the same condition as before the commencement of the Agreement to the maximum extent feasible to the reasonable satisfaction of OCSD. 4. Sole Cost of Hospital. Hospital agrees that any and all use at, near, beneath or related to the OCSD Property shall be at the sole cost and expense of Hospital. Hospital, at its sole cost, is responsible for the lawful disposal of all materials, matters and other by-products it brings onto the property. Hospital agrees to reimburse OCSD for the actual costs, if any, to maintain or clean up Lot 61 located on Tract No. 1210 that arises out of the use by Hospital. 5. Insurance. Hospital shall, during the term of this Agreement and at all times during which access to Lot 61 located on Tract No. 1210 is available to Hospital, maintain insurance with the following coverage: (i) Workers Compensation with statutory limits; and (ii) Commercial General Liability,with$2,000,000 single limit or equivalent . Hospital shall cause OCSD to be named as an additional insured on the Commercial General Liability insurance policy and shall provide OCSD with a certificate of said policies. Said policies shall remain in effect during the term of this Agreement. 6. Limited Access. Hospital agrees that entry upon OCSD Property shall be limited to the extent necessary or desirable for the purposes expressed in this Agreement. 7. Temporary Access. This Agreement is intended and shall be construed as a temporary authorization to access and enter upon the OCSD Property, and not as a grant of easement or any other interest in the Property. Except as expressly set forth herein, no other rights are created by this Agreement. Hospital expressly understands and acknowledges that OCSD intends to sell and dispose of all or portions of Lot 61 located on Tract No. 1210 sometime in the near future, and such sale of the property shall terminate Hospital's access granted herein. 8. Indemniri. Except to the extent arising out of the negligence or willful misconduct of OCSD, Hospital agrees to indemnify, defend, save and bold harmless OCSD, its partners, agents, officers, members and representatives against all losses, costs, expenses and damages suffered or incurred by Hospital, and the beneficiaries, employees, officers, members and agents of Hospital, caused by OCSD's approval of this Agreement or by Hospital's activities related to this Agreement, including the activities of its agents and representatives. 867865.1 9. As-Is. In entering the Property, Hospital accepts the Property conditions as may exist from time to time without any representation or warranty of OCSD, and without any duty of OCSD to warn of any conditions. Hospital acknowledges and understands that the Hospital's use of the Property is non-exclusive and that the Property may be accessed by OCSD licensees, invitees, employees, agents, or representatives. Accordingly, except to the extent arising out of the negligence or willful misconduct of OCSD, Hospital agrees to assume all risks associated with entry and presence on the OCSD Property and releases OCSD from any and all liability that might arise from the condition of the property. 10. Attorneys' Fees. If either of the Parties is required to engage an attorney and institute an action in order to enforce any of the provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorneys' fees, expert witness fees and court costs which may be incurred in connection therewith. 11. Binding on Successors. This Agreement shall be binding upon the Parties to this Agreement and their respective successors,representatives,heirs and assigns. 12. No Waiver. It is further understood and agreed that no failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof,nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder. Any waiver of any of the rights of either Party hereunder must be in a writing signed by the Party waiving such right(s). 13. Assignability. Hospital shall not assign this Agreement nor any rights hereunder without the prior written consent of OCSD, which may be given or withheld in OCSD's sole and absolute discretion. 14. Choice of Law. The terms of this Agreement shall be construed pursuant to the laws of the State of California. 15. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the Parties pertaining to this subject matter and supersedes all prior or contemporaneous agreements and understanding, both written and oral, pertaining to the subject matter hereof. 16. Interpretation. This Agreement will be interpreted according to the fair meaning of its terms and not strictly for or against any Party hereto. 17. Modification. The provisions of this Agreement may only be amended, modified or waived by written agreement executed by both Parties. Each person signing warrants that they have the authority to bind the party. 18. Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason,the remaining provisions shall continue in full force and effect without being impaired or invalidated in anyway. 19. Notice. All notices or other documents (collectively "notices") given hereunder 867865.1 shall be in writing and shall be addressed to the recipient and sent by personal delivery or United States certified mail, postage prepaid. Unless and until otherwise notified,the address of each of the parties for the giving of Notices shall be: If to Hospital: Newport Beach Veterinary Hospital Attn: Debra Cohen 1610 West Coast Highway Newport Beach, CA If to OCSD: Orange County Sanitation District Attn: Martin Dix 10844 Ellis Avenue Fountain Valley, CA 92708 IN WITNESS WHEROF, the parties have executed this Agreement on the date set forth below their respective signatures. ORANGE COUNTY SANITATION DISTRICT Dated: APPROVED AS TO FORM: By: By: Troy Edgar Bradley R. Hogin Its: Chair of the Board of Directors Its: General Counsel HOSPITAL Dated: JEFFREY COHEN DB/A NEWPORT BEACH VETERINARY HOSPITAL 867865.1 EXHIBIT "A" DEPICTION w `I y r ,� D201t Europe Tecbneloylee� �_ OPERATIONS COMMITTEE Meeting Date Toad.0111M. 09/05/12 09/26/12 AGENDA REPORT em Number I em Number 3 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Nick Arhontes, P.E., Director of Facilities Support Services Engineering Manager: Mark Esquer, P.E., Facilities Support Services Project Manager: MarcoPolo Velasco, PMP, Facilities Support Services SUBJECT: REGIONAL ODOR AND CORROSION CONTROL SERVICES, SPECIFICATION NO. C-2012-524BD GENERAL MANAGER'S RECOMMENDATION A. Approve Amendment No.1 to the Agreement with Hill Brothers Chemical Company, for Regional Odor and Corrosion Control Services, Specification No. C-2012-524BD, to include emergency and backup services options, for calcium nitrate, unit price $3.35 per gallon plus tax, $100 freight per delivery, and service fee $1,500 per station per day operating (maximum 48 hours); for magnesium hydroxide at a unit price $580 per dry ton plus tax, $385 freight per delivery, and service fee $1,500 per station per day operating (maximum 48 hours); for the period July 1, 2012 through June 30, 2013 with four one-year renewal options; and B. Approve Amendment No.1 to the Agreement with Hill Brothers Chemical Company, for Regional Odor and Corrosion Control Services, Specification No. C-2012-5241313, to include a $100 per hour demurrage fee for mobile dosing upon request for magnesium hydroxide at a unit price $580 per dry ton plus tax, $385 freight per delivery (maximum 48 hours); for the period July 1, 2012 through June 30, 2013 with four one-year renewal options. SUMMARY This amendment provides additional clarification regarding the terms of the contract for services. Mobile backup services are utilized for odor control during short-term activities where no continuous chemical dosing station at a fixed site can treat the specific downstream location needing odor or corrosion control. In the past, this service has been utilized during inspection, maintenance, and repair activities in the collection system, as well as at the treatment plants on occasion. Emergency services may also be utilized in the event of a regional or national chemical supply shortage or delivery stoppage. In the past, this has been a rare occurrence, only two times over a 10-year period, caused by events such as hurricanes damaging production facilities or national transit routes. Management approval in advance is required to use these service options. Page 1 of 2 PRIOR COMMITTEE/BOARD ACTIONS June 2012 — The Board approved contracts with U.S. Peroxide, LLC, and to Hill Brothers Chemical Company for Regional Odor and Corrosion Control Services, Specification No. C-2012-524131), and approved an annual unit price and program price contingency of 15%, per contract. July 2010 — The Board approved change orders to contracts with U.S. Peroxide, LLC, and to Hill Brothers Chemical Company for Regional Odor and Corrosion Control Services, Specification No. C-2009-405131), and approved a 15% annual unit price contingency. May 2009 — The Board approved contracts with US Peroxide, LLC, and to Hill Brothers Chemical Company for Regional Odor and Corrosion Control Services, Specification No. C-2009-40561), and approved a 10% annual unit price contingency. June 2008 — The Board approved a sole source contract with US Peroxide, LLC, for the application of a proprietary chemical process which uses hydrogen peroxide regenerated iron for odor and corrosion control, and approved a 10% unit cost escalation contingency. ADDITIONAL INFORMATION Management of odor and corrosion is a part of the services that OCSD provides to comply with our Strategic Plan and Levels of Service. It also helps extend the life of our assets. The regional trunk line odor and corrosion control program reduces sulfides associated with odor generation and structural degradation caused by corrosion within the facilities. In addition, treatment in the regional trunks provides a secondary benefit of minimizing hydrogen sulfide and odors in the local communities and the treatment plants. Staff maintains oversight of these service providers with daily interaction at our remote dosing facilities as well as program planning, adding dosing locations when needed, as well as a detailed review of all invoices prior to recommending approval for payment. CEQA N/A BUDGET / DELEGATION OF AUTHORITY COMPLIANCE This complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted (FY2012-123 Budget in Division 340, Line Items 58, 60, 61). Page 2 of 2 OPERATIONS COMMITTEE Meeting Date I To Bd.ofDir. 09,05,12 AGENDA REPORT Item Number hem Number a Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Ed Torres, Director of Operations and Maintenance SUBJECT: ELECTRICAL AND MECHANICAL PREDICTIVE MAINTENANCE PROGRAMS GENERAL MANAGER'S RECOMMENDATION Information Item SUMMARY The Electrical and Mechanical Maintenance Divisions are implementing predictive maintenance programs designed to increase reliability and decrease overall maintenance costs. Staff will provide an overview and progress update of the programs. PRIOR COMMITTEE/BOARD ACTIONS None ADDITIONAL INFORMATION None Page 1 of 1